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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 11, 1902)
The Omaha Daily Bee-.
ESTABLISHED JUNE 19, 1871.
OMAHA, FRIDAY MORNING, JULY 11, 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
MOVES ON STRIKERS
Unioa Paoiflo Issues Formal Notice It In
tend to Eemme Work.
MEN ORDERED TO REPORT AT THE SHOPS
Failing to I)e Bo, the Oompanj Bayi It Will
Treat Them ai "New Men."
LEADERS SAY NO OLD MEN WILL REPORT
Oarbullden Unable to Beach a Vote on Pre
potal of the Company. '
MYSTERY ABOUT PROPOSED ARBITRATION
rjompaay- Lui "Isrht fends Ten of the
Men It Hm Had Quartered la
0mha Shops to Work la, ,
'An effort by the Union Pacific to Indues
all It employee on a strike to return to
work, making possible the resumption of
all the shops on the system, an alleged
plan for a settlement of the strike, the
failure of the car builders to adopt the
proposed agreement with the company and
the shipment by the Union Paclflo of men
from Omaha to western shops, are vital de
velopments In the strike affairs.
This notice wai issued late yesterday
afternoon, posted In the Omaha shops and
ent to other Union Paclflo employes over
"July 10, 190J. Resumption of work bar
ing' been derided upon, employes of the
different shops desirous of continuing In
the service of this company should report
to office at once. All such employes not
reporting for work at this time will be
treated as new men In the future.
. "(Signed) W. R. M'KEEN,
"Superintendent M. P. and Machinery."
Not a Surprise.
This decision on the part of the Union
Faclflc company does not come as a com
plete surprise. Such action had been an
ticipated for several days. Last Sunday a
reporter for The Bee was Informed that
the company would make a general effort
to reiume complete operations In Its shops
and President Burt was Interviewed- re
garding the authenticity of the report. The
president refused to deny or affirm It,
leaving the Impression that there was
more than mere rumor to the report. A
day later another official of the road was
eskod about the matter and he Intimated
that the report was correct and that within
a few daya the Union Paclflo would take
steps to-restore normal condition in its
Fourth Vice President Wilson of the In
ternational Association of Machinists was
asked last night what effect the notice
would have on the strikers. II said:
Effect on Strikers.
"None whatever. That la an old game.
It simply means the beginning of a long
layoff. The company probably will issue ,
several such notices before the strike Is
settled. I predict that not a union man
will be Influenced by this action and return
to work. I tell you, these men are not
playing; they are In earnest; they struck
for a cause and that cause exists today
Just ae it did the day they struck and
they are not going to be turned aside from
tha end which they set out to accomplish.
"The Union Paclflo will discover, if
this strike continues long, that it will cost
It more money to defeat Its old employes
by trying to Introduce piecework In the
first four months than it would to pay the
men the Increase they asked for for ten
"When the machinists In the employ of
Fraser It Chalmers of Chicago struck they
were no more determined than our men
are and they staid out fourteen months,
finally winning against the strongest kind
of opposition. Ths strike cost the com
pany over 11,000,000."
Agree with Wilson.
The bollermakers and blacksmiths had
not beard of the decision of the company
until late last night. They took the same
position as did Mr. Wilson, that none of
their men vouM be influenced by the ac
tion. Tber insist that there will be no
break within their ranks and that all will
stand out until their original demands are
The details of a proposed plan for set
tllng the strike, general information of
which Waa given to The Bee yesterday
afternoon by Vice President Wilson and
reference made In tha evening paper, be
came known last night. Mr. Wilson says
that a Robert E. Murphy, representing
himself as an agent of the Auditorium
company, made this proposition:
"That tbo Auditorium company would
assume the task of interceding In behalf
of the strikers with the railroad company
la consideration of the payment by every
organised labor man In the city of Omaha
of half a day's wage to the Auditorium
company, and that, further, as much stock
as the halt day's wage amounted to would
be turned over to each man. That in the
event of the Union Pacific's failure to
yield to the Influence of the mediators the
latter, whom It represented, Mr. Wilson
ays, controlled a vast amount of commer
cial Interests and therefore did heavy
shipping, would withdraw their patronage
from tbe Union Paclflo road and throw it
to some competing line, this boycott to
remain In effect until the oompany acceded
to the demands of the strikers."
Wants to Be Shown.
Mr. Wilson Is somewhat puisled over this
proposition. He hss not yet been able to
solve or analyse It. He la unacquainted
with Robert E. Murphy, whose name does
not appear in the city directory and is not
known to be associated with any of the
promoters of the Auditorium company. Yet
Mr. Wilson says, as a matter of fact, any
proposition that Is genuine and contains the
potency for a settlement of the striks would
be acceptable. He will make Investigations
for the proposal he has received. The Cen
' tral Labor Union meets tonight and it Is
his purpose to bring the matter before that
After consuming the time from S o'clock
until 11 last night the car builders failed to
agree upon definite action. The agreement
submitted by ths company, approved by ths
executive committee of the car builders and
adopted, tentatively, by the Omaha carmen
at a meeting a few days ago, was brougb
up and discussed throughout the night, but
friends of this agreement were unable to
fores it to a vote. The opposition, while
In tie minority, controlled a balance of
power and the meeting adjourned without
any action whatever.
Many lot Heard From.
' As a matter of fact the executive com
blue had not succeeded in getting reports
(Continued on Beooud Fags.)
ATTACK THE ADMINISTRATION
Irish Nationalists Cry AsTalnat Con
atabulary and Aliened Jory '
Parkin by British.
LONDON, July 10. Th' V ' on the Irish
estimate In the House '"ns today
furnished the nationalists : '' oppor
tunity for a stirring attack '' "in
administration of Ireland and th. '
ous operation" of the Irish constat;,
which body of men, John Dillon (nations..
1st) declared, was maintained, not to pro
tect crime, but to create It. Mr. Dillon
specified Instances where, he alleged, force
was Instrumental In obtaining the con
viction and Imprisonment of Innocent per
sons, snd charged the government with
winking at these malpractice's In order to
obtain Justification for its policy of coer
cion. T. P. O'Connor (nationalist) declsred
that, politically speaking, the real crim
inal was the attorney general tor Ireland
(the Rt. Hon. J. Atkinson) because he
practiced Jury packing.
Sir Robert T. Reld (liberal) said be con
sidered the action of the Irish oollce to be
dastardly. He fuither asserted that mat
ters would never be remedied until self
government for Ireland put an end to Jury
This Drought Attorney General Atkinson
to his feet with a hot retort that Sir Rob
ert, who now professed such lofty and
noble sentiments, had remained for three
years a member of the administration and
had Indulged in Jury packing to an extent
"unknown to the present government."
The chief secretary for Ireland, Oeorge
Wyndham, admitted that there was much
truth in what Mr. Dillon had said In re
gard to specific cases, but the charges
were not applicable to the whole police
After further debate Mr. Dillon's motion
to reduce the estimates was defeated by
195 to 102i votes.
OPENS CORONATION BAZAAR
Queen Purchases a Copy- of Roosevelt's
Book, "The Strennona
(Copyright, 1902, by Press Publishing Co.)
LONDON. July 10. (New Tork World
Cablegram Special Telegram.) Queen
Alexandra opened today the mammoth Im
perial coronation bazaar, organized chiefly
through the exertions of Mrs.- .. Cornelius
Adair, Mrs. Joseph H. Choate, the wife of
the United States ambassador, and other
prominent women. One of the first pur
chases the queen made was a copy of Pres
ident Roosevelt's book entitled "The Stren
uous Life." She made many purchases in
her tour of the forty stalls, but that book
was the only one she took away with her
GERMANY MAKES AN OFFER
Willing- to Purchase Portion of
Macao In China for Flvo
LISBON, July 10. A rumor Is In circula
tion that Germany has offered to purchase
from Portugal a portion of the dependency
of Macao, -in China, for- 1,000,009 (15,000,
000). The Portuguese dependency of Macao is
situated on an Island at the mouth of the
Canton river. It Is thirty-eight miles from
Hong Kong. Macao Is two and one-half
miles la length by less than a mile in
FIVE FIREMEN ARE KILLED
Burled by a Brick Wall in Toronto
sad Dead. When. Ex
tricated. TORONTO, Ont., July 10. Five firemen
were killed in a disastrous Ore which
started in tbe building occupied by P. Me
Intosh A 8ons end spread to tbe wholesale
bay and straw warehouse of Gadsby & Mc
Cann. These establishments were de
David Bee, Harry Clarke, Adam Kerr,
Walter Collard and Russell, firemen
were burled by a brick wall which fell
upon them. They were dead when extri
CANADIAN WOMAN KILLED
Caanht In the Debris of Wet and
Sodden Coronation Decora
tlons. LONDON, July 10. Shortly after Queen
Alexandra passed on her way to open the
coronation bazaar, the decorations across
Langham place, heavy and sodden with
rain, were caught in a squall of wind and
fell, dragging down a mass of coping from
the top of All Souls' church. Miss Streathy,
believed to be a Canadian, was killed and
several persons were Injured.
CONDITION IS SATISFACTORY
Doctor Have No Faalt to Find with
Progress Made br King"
LONDON, July 10. The bulletin on King
Edward's condition, posted at Buckingham
palacs at 10 o'clock this morning, says
The king's condition continues to be sat
CORONATION DATE IS FIXED
With the Approval of the Doctors
Ceremony Is to Oecnr
LONDON, July 10. It la said on good
authority that, subject to the approval of
King Edward s physlciaus, the coronation
will occur August 9.
Crop Conditions la Mexico.
MEXICO CITY, July 10. Advices from
Progresso show that there are now in
warehouses 25,000, bales of Henequln fiber
worth $2,000,000 at current prices. Th
tobacco crop on the gulf slope Is not
abundant aa lust year, but Is ot an ex
cellent quality. Cattle shipments to Cuba
keep up ths price of beef here and, far
the present, there appears not to be any
possibility of a decrease In this trade.
During the last month 2,254 head of
cattle, valued at 1127,480. have been
shipped from Victoria to Cubs, via Tarn
pica. Recently several American concerns
have bought land In Tamaulpas, with ths
avowsd intention of converting it Into
To l. British Cable.
LONDON, July 10. The cable stesmer
Colonia sailed today for Vancouver to lay
the Erl'.Uh Pacific cable from British Co
lumbia to Fanning lalaod. Another steamer
will sail la a few daya to lay the aectlon
from Fanning Island to the FIJI Islands.
FINALLY ARBITRATE STRIKE
Railroads and Freight Handler Agree
to Submit Differences,
WHOLESALE HOUSES WORST SUFFERERS
Strikers Refuse to Abide by First
" 'nderstanritnjt Between President
Cnrran and the Rail
roads. CHICAGO, July 10. Business men of the
city took an active part In attempting to
settle tbe strike of the freight handlers to
day and at midnight, although nothing had
been definitely settled, some little progress
hsd been made.
An agreement was secured from the
freight handlers' union, that the organiza
tion would abide by the decision of tbe
Chicago board of arbitration If that organ-
zatlon could arrange meetings with the
general managers of the railroads and se
cure their consent alao to arbitration.
At midnight the reauest for arbitration
bad been submitted to the railroads and It
s not likely that such action will be taken
before tomorrow morning. There are grave
doubts that the proposition will be re
ceived by the railroads. Oeneral Manager
Httt, of the Rock Island, and General Man
ager Barrett, of the Alton,aald tonight that
they had not been requested to arbitrate,
and did not see what there was to arbl
trate. The general manager of another
large western road said that, while he did
not care to be quoted personally, he was
confident that no proposition for arbitration
would be entertained by his road.
"Our men left us," he said, "without even
presenting their grievances, and we have
rever received a request from them directly.
Under the circumstances there Is nothing
for us to arbitrate and It the Chicago board
of arbitration asks to submit our cause to
them we will reply to that client."
Hope for Sympathetic Strike.
Strikers are baaing thetr hopes of success
on a sympathetic strike of the teamsters.
It Is generally conceded that the freight
handlers have but a small chance to win
unless they have the support of the teams
ters' union. It they secure this, and the
members of that organization walk out,
there Is every probability of serious trouble
before the matter Is settled.
The officers ot the teamsters' union pro
fess to be opposed to any strike, but they
say that the desire to strike Is strong
among the teamsters. The officers are fear
ful that they will not be able to hold tbe
men in line. It waa tnougnt last mgnt
that tbe worst danger of the strike was
over, but the meetings of the freight band
lers today developed an almost unanimous
desire to continue the fight, with or with
out the aid of other organizations. These
meetings were held In various parts ot the
city, and while they were In progress large
crowds ot the strikers gathered around
When it had been determined that the
freight handlers would continue the fight
President Curran of the Freight Hsndlers,
accompanied by Organizer John J. Pltzpat-
rlck of the Chicago Federation of Labor,
went- to meet -the members' of the -Ot0cga
Board ot Arbitration. Secretary Drlscoll
of tbe Team Owners' association. In whose
offices tbe meeting occurred, stated to Mr
Curran that he had called In some of the
members ot the arbitration committee to
meet him to settle the strike. Mr. Curran
appealed to the members of the Board of
Arbitration to use their best endeavors to
settle the strike. Mr. Setfirdge of the com
mittee asked him if the members of tbe
executive council of the freight handlers
would sign an agreement to abide by the
decision of the arbitration. Mr. Curran
said that he would not do this until he had
conferred with the members of the com
mittee. The meeting-then adjourned until
4 o'clock pending the consultation between
Mr. Curran and his advisers.
Arbitration Docnment Signed.
At the appointed time President Curran
and all the members of tbe executive coun
cil of the freight handlers went to the office
ot the Team Owners' association. He found
awaiting him there seven members ot the
Team Owners' association and an equal
number ef the members of the Chicago
Board of Arbitration. President Curran an
nounced the willingness of the freight hand
lers to sign an agreement to accept what
ever recommendation the arbitration com
mlttee might submit The document was
submitted and signed. The meeting then ad
journed to allow the members of the Board
of Arbitration to consult with the general
managers of. the roads and ascertain
whether or not they will arbitrate.
The determination of the business men ot
Chicago to endeavor to secure a settlement
of the strike waa taken today when It was
certain that tbe freight handlers would not
agree to tbe terms ot tbe roads submitted
and when symptoms of unrest appeared
among the members ot the Teamsters'
union. Nearly 4,000 of the latter refused to
go on with their work when they heard that
the freight handlers had decided to con
tinue the fight. A refusal of these men to
carry out their contracts made but a few
weeks ago at the termination of their strike
would mean heavy loss to the business In
terests of tbe city and It was determined at
once to enlist the services ot the Cblcsgo
Bosrd of Arbitration, an organization which
has among its msmbers some ot the most
prominent business men in Chicago.
It was evident to the business men that
unless some truce could be made almost
complete stagnation of the business Inter
ests of the city would follow and the Board
ot Arbitration at once offered lta services
to the freight handlers, with ths result
MESSAGES THROUGH WATER
Wireless Telegraphy to Be Installed
I'poa. All French Sub
NEW YORK. July 10. A telegram from
Cherbourg states that Rear Admiral Fournler
waa present at experiments In wireless
telegraphy used on the submarine boat
Messages were received without any dlffl
culty when under water. It Is understood
to be the Intention to Install apparatus on
board all French submarines.
BURNED BY MOLTEN METAL
Fifteen Men Injured, Ona Fatally, In
Accident at Pittsburg- Steel
PITTSBURG. July 10. Fifteen men were
burned, one fatally and eight seriously, at
the Homestead steel works shortly after
noon today. Fatally Injured:
MICHAEL LAV1N, burned all over body.
a taais nnea wun mouen metal was
being lowerd Into the pit, when the drum
of the crane broke and the seething metal
waa throwm ever ths unfortunate tnao.
CLAIMS TO BE A ROUGH RIDER
I'nldentlfled Man Seeks Interview
with President t ndr
OTSTER BAT. N. T., July 10. President
Roosevelt passed a comparatively quiet day
t Sagamore Hill today. After the rain of
the morning, the president and Mrs. Roose
velt took a brisk gallop of several miles
over the fine roads In the vicinity of their
home, returning In time for luncheon. Miss
Ethel and Master Archibald Roosevelt, ac
companied by a daughter ot J. West Roose
velt, who resides near the president's
country home, also went horseback riding
during the morning. At a point near Saga
more Hill the saddle girth on Miss Ethel's
horse loosened and she was thrown.' For
tunately tbe horse was not going at a
rapid pace, and Miss Ethel, quite unin
jured, readily stopped the hcrse. Archie
dismounted, readjusted the girth, and the
party proceeded. The most extravagant ru
mors were afloat regarding the In-
ldent, but as Miss Ethel herself said: "It
mounted to little."
A man who aald be had served In ths
Rough Riders when the president .was
colonel of the regiment arrived here from
New York early In the afternoon. As be
snnounced his Intention of calling upon the
president the secret service officers were
soon on his trail. A few minutes' exami
nation of the man by one of tbe officers
and George Pollock, who saw service aa a
Rough Rider with the president, convinced
them he was not what he represented him
self to be. He then admitted that he bad
not seen service in Cuba, And that he had
posed as a rough rider merely as s means
of getting an audience with the president.
The officers saw to It that he left the, vil
lage on the next train.
Judge Spencer B. Adams of Greenville,
S. C, had by appointment an interview
with the president tonight. Judge Adams
recently waa appointed chief justice of the
Choctaw and Chickasaw citizenship court
of tbe Indian Territory and came here to.
discuss with Mr. Roosevelt the frauds on
the citizenship of the two tribes.
It Is thought likely that Secretary Root
may be here the last of the week. One
of the subjects he will take up with the
president Is the record In the court-martial
case of General Jacob Smith. The record
nas been Drietea tor me presiaeni, ana
as he Is the final reviewing officer he will
go over the case carefully before render
ing his decision. The endorsement which
the president will make on the report will
probably be given to the public soon after
It Is made, because of the Interest in and
Importance of the case.
MAY DYNAMITE COURT HOUSE
Friends of St. Joseph Prisoners
Threaten to Demolish
8T. JOSEPH, Mo., July 10. (Special Tele
gram.) A large quantity of dynamite waa
stolen last nlgbt from one of the rock quar
ries near the city and the officers were told
early In the day that the court houae, which
stands within a few feet of the Jail, where
the terrific explosion took place yesterday,
Is to be blown to atoms today.
Friends of Leek Allen -nd Jim Blades.
who caused the "xplr'?0 rJ;V.lre0k, '. the
two buildings yesterda), nffOde tne tnreats.
They are known to be desperate and ths po
lice do not know the extent of their power.
The court house Is almost deserted todsy
and S strong guard stands about tbe build
ing. Every man not personally known to
the officers is searched and then allowed to
enter. The circuit courts bava adjourned
and the criminal court in the wtng farthest
from the Jail Is in session v tor the trial
of William Coates, who is alleged to have
killed his mother.
The dynamite stolen last night has not
been located, although all the police are
searching for it. Crowds have gathered at
a safe distance from the court house and
are awaiting the explosion that is expected
to take place. The alarm baa spread all
over the city.
Judge Casteel of the criminal court has
made an order for Allen and Blades to bs
taken to the penitentiary as quickly as
possible. He think that will end the
trouble. Allen's friends says be shall
A brother of Allen committed suicide In
the Jail three years ago while under sen
tence for hlghwsy robbery, after attempting
to dynamite the Jail.
CATHOLICS JFINISH WORK
National Conference Concludes with
Striking; Address by Bishop
CHICAGO, July 10. The national confer
ence of representatives of Catholic colleges
concluded its session tonight st Powers'
theater, the feature of the final session be
ing a striking address by Bishop Conaty,
rector of the Catholic university, Washing
ton, D. C. Aa the official head ot the Cath
olic educational system In America, aa well
because of bis polished eloquence, Dr.
Conaty was given eager attention.
During today's session the conference
heard an address on "The Methods of
Teaching History In Colleges," by Rev.
Boniface Verveyen of St. Benedlct'a Col
lege, Atchison, Kan, Considerable discus
sion followed, sfter which Prof. John M.
Reiner of St. Thomas' college, Vlllanova,
Pa., read a paper on "Ths Teaching of So
cial and Political Science In Colleges."
The delegates entered upon a general con
ference of Catholic high schools. Introduced
by a statement from the chairman. Bishop
Conaty, to the effect that the conference of
last year having discussed the question of
high schools be bad presented tbe matter
before the annual meeting of archblahopa
and It was their desire that this conference
make some suggestions relative to a plan of
Incorporating high school work In ths Cath
olic system ot education. The discussion
waa then opened by Rev. James A. Burns,
president of Holy Cross college, Washing
ton, D. C. It was tha general sentiment
of the delegatea that there was a necessity
for ths establishment of such high schools
as the complementary link In the chain of
uatnonc educational institutions, and a
lengthy discussion of the methods to be
pursued In establishing and maintaining
such institutions followed.
FATAL RUNAWAY ACCIDENT
Horse Frightens at Barst of Fire and
Several Prominent St. Louis
People Arc Hurt.
ST. LOUIS, July 10. As ths result of a
runaway accident late tonight, Mrs. Sebas
tian Tucker was perhaps fatally hurt; Be
baatlan W. Tucker; Mrs. Pearson sustained
serious lnternsl Injuries and "Tootle'
Tucker, W. H. Pearson, F. H. Doyle, Mrs.
Doyle and W. F. Doyle, jr., all were bad
ly ahocked and bruised. A burst ot fire
from Pain's "Last Days of Pompeii," ex
hlbltloa frightened s horse drawing the
Tucker vehicle and it dashed down the
street, colliding with ths vehicle bearing
ARGUMENT IN TAX CASE
Closing of the Hearing Before Nebraska
ATTORNEYS PRESENT THEIR VIEWS
Court Intimates that Decision Will Be
Handed Down at Early Sitting- In
September After Summer
(From a Staff Correspondent.)
LINCOLN, July 10. (Special.) The man
damus cases of the Bee Building company
against the State Board of Equalization was
submitted to the supreme court on final
argument this afternoon. At the conclu
sion of the presentation Chief Justice Sul
livan gave an Intimation that ths decision
In the suit would be delivered st sn early
session of the September term of court,
probably at the first one.
The argument was opened this morning
by John N. Baldwin, who began at 1:30
snd spoke until 10 o'clock. He paid par
ticular attention to the case, as It Involved
the one railroad, the Union rsclflc, though
he Insisted that the general contention of
the relators as to the assessment of the
franchise was not supported by law. He
appealed for a decision upholding the as-
sessment as made by the defendant board.
Mr. Baldwin maintained that the capital
stock and bonds of a railroad should not
be considered in determining ths value ot
Mr. Baldwin was followed by J. E. Kelby
of the Burlington, whose argument was
along similar lines, except that he uaed
the figures and statistics of the Burlington
for his text.
Frank Ransom appeared for the Pullman
company. He insisted, in the course of a
brief argument, that this company was a
manufacturing concern and not engaged In
the tranaportatlon business.
Replies to Ransom.
At the conclusion of Mr. Ransom's ar
gument the court expressed a willingness to
hear the closing argument ot the relator
in the afternoon session. This order waa
agreeable to all attorneys, but as Mr. Ran
som wished to leave the city on an early
afternoon train Mr. Howe replied to that
portion of the argument relating to the
Pullman company before the aesslon was
ended. His words were few but emphatic.
As to the content-ton that the Pullman Is
not sngaged in the transportation business,
Mr. Howe read from "Poor's Manual,"
which declared, among other things, that
the company manufactures and operates
railway and sleeping cars. The word "op
erating," it was held, showed conclusively
that the company was engaged In the trans
The closing argument of Mr. Howe was a
cfear snd convincing exposition of the en
tire subject. He treated the matter In a
dignified way, appealing for Justice on be
half ot the taxpaylng people of the state.
He took up the various briefs ot tbe re
spondents and railroad attorneys and re
plied to the various arguments' advanced
Decisions In Other States.
Hs-oalled ejUasttan ts ths fact that. wher
ever questions similar to those Involved In
this case had been brought before high le
gal tribunal, as they had been In the states
of Ohio, Indiana, Illinois, Pennsylvania,
New York and other states, the result in
variably waa that the assessment ot the
great public service corporations waa
doubled. A particular instance was cited
where, in Kentucky, the court gave a Judg
ment raising the valuation of the property
of one corporation from 130,000,000 to
He devoted some attention to the wlds
difference between the two answers filed by
the board, one of which, he said, was the
answer of the board, while the authorship
of the other Is unknown. 1 He told jot the
executive session or conference of tbe
railroad tax commissioners, attorneys and
members of the Board of Equalization, and
ventured the opinion that this was an in
dication of fraud. Referring to the argu
ment of Edward Roaewater and E. W. 81m
eral before the Board ot Equalization, be
Insisted that the board bad utterly disre
garded the Information given by these gen
tlemen. "The truth Is," said he "the mem
bers ot the board simply followed along in
the old rut. They straddled duty."
Mr. Howe treated the statistical part of
the testimony and the law as well, though
Mr. Harrington, st tbe closing ot the
arguments, also spoke for a few minutes
regarding tha figures offered by ths railroad
UPHOLDS THE PURE FOOD LAW
Supreme Court Holds Law Is Consti
tutional and Was Regularly
fFTom a Staff Correspondent)
LINCOLN. July 10. (Special Telegram.)
The supreme court this afternoon de
livered an opinion sustaining tbe purs food
law. Tbe case Is entitled Merrill against
the stats and was appealed from Clay
county, where the decision was In favor
of the law. The opinion is by Judge Hoi
comb. Tbe lsw was attacked on ths
ground that It was unconstitutional, It be
ing also alleged that It was Irregularly
passed and that there were errors In its
title. The act is the one creating and pro
vidlng for the pure food department ot ths
state snd prescribing the duties ot its offi
cers and attaches.
NEGROES RAISE A STORM
Proceedings of Afro-American Coin
ell Do Not Run Smoothly avt
8T. PAUL, Minn., July 10. A storm
broke in the Afro-American council today
aa the result ot the election of officers for
the coming year. For a time pandemonium
reigned and quiet was only restored when
tbe protests sgalnst an unfair election ot
officers waa laid over until tomorrow by ths
carrying ot a motion to adjourn.
One faction of ths council claimed that
the present ruling faction had elected Us
own ticket by rushing It through before the
other faction had gathered in tbe conven
tlon hall before the forenoon adjournment
CASUALTIES 0F BOER WAR
Reports of Rod Cross Identity Depot
Show thut 8, TOO Boers
PRETORIA, Transvaal, July 10. Accord
ing to an estimate of the Red Croas
Identity depot, which fulfilled the func
tions of a casualty bureau for ths Boer
forces, ths total losses of the latter during
the war were 3.700 men killed or died of
wounds sad 32.000 made prlaoners ot war
of whom 700 died. Tbs Boer forces In ths
field numbered about 75,000.
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fair and Warmer
Friday; Saturday Increasing Cloudiness.
Temperature at Omaha Yesterday!
Hour, Desr. Hour. Dec
B a. m...... fltl 1 p. m TH
A a. m ...... AT S p. m TA
T a. m BO 3 p, m ..... . TH
n. m ..... O.I 4 p. m . ( . . . . TA
I a, nt ..... . A5 A p. m ..... . TA
10 a. m...... M Hp. m T4
It a. nt TO T p. m Tit
1A m.. ....... 10 8 p. nt Tl
9 p. m tl)
ARE STILL AFTER"" TRACY
Forces Man to Purchase Revolvers
and Ammunition and Than
KENT, Wash.. July 10. Harry Tracy,
the Oregsn convict, was at the home of E.
M. Johnson, two miles southeast of this
place, Wednesday night. When hs left the
house he was srmed with a new revolver
and his 30-30 Winchester, snd had a plenti
ful supply ot both ammunition and provis
ions. Tracy aent Johnson to Tacoma to pur
chase the revolver and ammunition. Ho
threatened to exterminate Johnson's family
on the least sign ot treachery. The mur
derer seemed tagged out and talked very
little about himself or his plans. While at
the house he spent nearly all the time
watching for bis pursuers. He left the house
after dark, taking Johnson's horse, beaded
either for Seattle or tbe Palmer cutoff.
Not only did Tracy force Johnson to buy
the revolver, but he made him borrow the
eceseary money In Kent. Johnson went to
Tacoma and secured the weapon without
sounding any kind of warning to the au- j
thorltles. He was badly frightened. I
Tracy arrived at the home of Johnson at !
o clock Wednesday morning and at the I
point of a revolver forced Johnson to cook
him breakfast. After finishing tbe meal he
told Johnson to go to Tacoma and purchase
two 45-callber Colt's revolvers and 100
rounds of cartridges, with the threat that If
he gave information to the authorities of
hat place he would murder the entire fam
ily. Johnson left Kent on the 7 o'clock
train, returning at 4 o'clock. While he was
absent from Kent Tracy remained In the
vicinity of the home and appeared to be un
easy, as If expecting a visit from the offi
cers. Several times he went to the top of
a small hill In the rear of the Johnson home
and viewed the surrounding country.
Upon tbe return of Johnson from Tacoma
Tracy ordered Mrs. Johnson to cook him
enough provisions to last a week. She
boiled two dozen eggs, fried bacon and gave
him a large supply ot sugar and flour.
Tracy compelled the members of tbe fam
ily to remain on the premises until tbe re
turn of Johnson from Tacoma.
TURNS DOWN CALL FOR HELP
Governor Stone Refuses to Send Mil
itary Aid to Preserve Order
la Carbon County.
HARRISBURG. Pa., July 10. In reply to
a request from Sheriff Oombert, of Carbon
county, asking that troops be sent to Lans-
ford and Summit Hill to preserve order.
Governor Stone this afternoon sent the
sheriff the following telegram:
Your telegram of today statlnr that
strikers are gathering in large mobs at
Langsford and .Summit Hill. In Csrbon
county, and cltlsens are attacked and beat
en, and in danger or their lives, and that
vou find that you are unable to Dreserve
order and protect the citizens and there
fore must call on me for troops, received.
une irw unner wnicn tne national guard
Is called out does not Justify action under
the circumstances. Those conditions are
entirely within your own province and with
the aid at yonr hand you ought to over
come the difficulty' without the use of state
If there Is a condition of riot, mobs or In
surrection which the civil authorities are
unable to suppress, the governor will not
hesitate to aecure troops, but under no cir
cumstances will troops go unless the civil
authority la exhausted after reasonable ef
fort on the part of the sheriff and the pro
tection of life and property demands It.
WILLIAM A. STONE.
BODIES PARTIALLY IDENTIFIED
Family 'Murdered in Oklahoma Prob
ably A. C. Stone, Wife and Chil
dren of Kansas.
JOPLIN, Mo.. July 10. The bodies of ths
four persons found murdered nesr Pru
dence, Okl., on Monday, are believed to bs
those of A. C. Stone, wife and two chil
dren of Baxter Springs, Kan.
J. W, Stone, a brother of tbs dead man.
In Joplln, expresses this opinion after being
In telegraphic communication with tbs
sheriff at Enid. Mr. Stone states that his
brother left Baxter Springs on June 6, for
Oklahoma, going overland, and that he was
in ths vicinity of Prudence st the time ths
murders ars supposed to have been com
mitted. He had been In the hay business at Bax
ter Springs and bad gone to Oklahoma
seeking employment ss a harvest band. He
carried but little money, but bad a valu
able outfit. Stone waa 30 years ot ags snd
bis wife 23. Tbs children were a girl aged
8 and a boy of S. These descriptions fit
those sent from Prudence.
CALIFORNIA LUMBER COMBINE
Iowa and Wisconsin Men Consolidate
Vast Timber Interests la
PORTLAND, Ore., July 10. A special to
ths Oregoman from Ashland says:
Negotiations for ths sals of tbs Scott snd
Vsn Arsdale Lumber company's property
la the McCloud region In Siskiyou county.
California, which have been la progress for
several months have been reported com
pleted, tbe purchase price being 13,000,000.
The purchasers srs the Carpenter Land
company of Dubuque, la., ths Hlxton Sash
and Door company of Merrill, Wis., Curtis
Bros, ot Clinton, la., Walter W. Alexander
snd Stewart Bros, ot Wauaau, Wis.
The property Includes besides 115,000 acres
of timber land the McCloud River railroad.
the McCloud River Lumber company, Sis
kiyou Lumber company and ths Siskiyou
Lumber and Mercantile company.
The mills connected with the enterprise
cut about 400,000 feet of lumber per day.
Movements of Ocean Vessels July 10,
At Llard Passed: Graf Waldersee, from
New York, for . Plymouth, Cherbourg and
Hamburg; ljl liretugne, Irom New York,
At Southampton Arrived: Kensington,
rrom New torn.
At St. Naxalre 8alled: Kalaow, for Lon
At Plymouth Arrived: Columbia, from
New York, for Cherbourg and Hamburg
At Cherbourg Balled: Bremen, from lire-
men, for New York.
At Liverpool Arrived: New England
from Boston via Queenstown: Majestic,
from New York. Balled: Merlon, for
Boston via Queenstoiwi; Preturlan, for
Quebec and Montreal; Turcoman, for Port
At London Sailed: Colonia, for Van
At Oueenstown Sailed: Oceanic for New
York: fthyniand, for Philadelphia, from
At New York Arrived: Teutonic, from
At Pouthsmpton Arrivsd: St Louis, from
At Naples Arrivsd: Ar, from New
ENTOMBED IN A MINE
Explosion in Workings of Cambria Steel
Company in Johnstown DiitrioU
HUNDREDS MAY HAVE MET AWFUL DEATH
Impossible te Get Definite Estimate on the
Total Lou of Life.
MINERS COME OUT AT DISTANT OPENING
Fearful Story is Told of tbe Disaster bj
Some WLo Escape.
RESCUING PARTY NOW HARD AT WORK
All of Mines of the District Close Down,
and All Possible Assistance la
at Hand, but After Damp
Stays the Work.
JOHNSTOWN. Ta.. July 11. At 2 o'clock
this morning Mayor Hendry atated that
the first of the bodies of the dead miners
would be brought from the mine at I
o'clock. He stated that General Manager
Price told him that the number of bodlea
In sight at 1 o'clock waa sixty-five.
JOHNSTOWN, Pa., July 10. Two hundred
miners entombed by an explosion In a mine
vhosd main shaft opens w ithin the limits
of this city wus news to check with terror
the pedestrians on the streets here today.
At first the rumor said that all in the
"Rolling Mill" mine ot the Cambria Steel
company were dead or In danger. But later
reports showed that the lower figure was
correct and that 400 were safe.
The mine la one ot the largest In the coun
try and today 600 men were at work there.
When the news of the disaster reached hero
it spread like wildfire and In lees than a (
quarter of hour tbe Point, an open space
st the Junction ot the Conemaugh and Stony
creek was crowded with weeping women and
During the afternoon It became known
that many men had escaped and that drift
No. 6, known as the Klondike, was prac
tically the only one effected, but here 200
men were at work, and still tbe women
watched and waited for the end. Prom 1:30
In the afternoon until 6 p. m. the work of
the searching parties was In vain, but tben
the first faint ray of hope came when ths
bodies of a man and a boy were brought
out Into the daylight, unconscious, but alive.
Then at 11:20 tonight four more men, un
conscious, were brought to the surface, but
a doctor who came with the men reported
passing twenty-five dead bodies on the way.
President Powell Stackhouse, in a stats
ment Issued at midnight, said the dead
would number 125 men.
It was nearly an hour after the ex
plosion before any general knowledge ol
what had happened got abroad. Men who
came from the mines, escaping with tbeir
lives, told the terrible news and soon it
spread like wildfire all over the city.
In scores of homes there was ths most
pathetics scenes. Mothers, wives, daugh
ters, sons and relatives were frsntlo with
grief and hundreds ruabeAto ths scene. -At
tbe opening, scross ths Tlver from
the point, the Cambria Iron company's po
lice, with several assistants, stood guard.
permitting no one to enter the mine, from
which noxious gases were coming.
It was nearly 4 o'clock when all hops
of sending rescue parties from the West
mont opening was abandoned.
Driven Back by Damp. -Two
men who bad escaped from ' tbe
mine, Richard Bennett and John Meyers,
went back two miles to see what assist
ance could be rendered, but the frightful
damp drove them back and they fell pros
trate when they finally, after a desperate
struggle, reached the outside. Two doc
tors gave them assistance and after work
ing with them halt an hour restored them.
Their story of the situation in ths mine
made it clear that the rescue work eould
not proceod from the Westmont opening.
and then hasty preparations were Hade to
begin that cad mission at the Mill creek
entrance. Soon after news of the explo
sion reached ths Cambria officials, Mining
Engineer Moors snd ons of bis assistants,
A. O. Prosser, made an attempt to enter
the mine. They were followed by Mine
Superintendent Robinson, but the deadly
gases stopped their progress and they
were compelled to return to ths surface.
Mine Foreman Rodgers, bis assistant.
William Blanoh, and Firs Bosses John
Whitney, John Retalllck and John Thomas,
were overcome by tbs gaaes and It Is
feared they perished in a beroie effort te
rescue ths miners. A son ef Harry
Rodgers then tried to reach his father,
but he was quickly overcome by tbe desdly
gases and waa carried out unconscious.
William Stlblcn spent seversi nours at
the Mill creek opening. Hs said be be
lieved as many as 450 men were In tbe
mlns. In his opinion, from all hs could
glean, that not mors than 150 men hsd
Statement of Officials.
The mining officials of the Cambria com
pany ststed tbe explosion waa ons ot Ore
damp. The few survivors who have escaped
from the depths of ths mine describe tns
condition to bs frightful in their nature.
Outside of the Klondike tbs miners ars
safe and uninjured. Within tbe fatal limits
of be mine the effects ot the explosion beg
gar description. Solid walls thirty feet
through were torn down as If they were
barriers of paper. The roof was torn dowa
and not a door remains standing. Ths most
heroic efforts toward rescus seem hopeless.
The stories ot ths men who escsped are
Tom Foster, foreman ot ths "Klondike."
was tbe first to emerge from tbe mine,
shortly sfter Powell Griffith, a firs boss.
came up. Foster was in nis omce wnen ins
explosion cams. His first thought was for
tha safety ot ths men under his charge.
With tbe help of Foreman Roberts aa ef
fort was made to replace a tew of ths shat
tered doors.. All ths while ths firs-damp
wss closing around tbem. Through galleries
into headings, warning snd helping, the
two men went. Roberts tell, but Foster
staggered on, whither, be hardly knew. In
the midst of the danger be met Powell
Griffith, a flreboss. He bad faced what
seemed certain death in an effort to savs
bis men. Forward they went dragging a
comrade Into a possible plsce ot safety,
here, giving a word of warning there until
human endurance could stsnd ths strain ne
longer. Exhauated they staggered Into a
beading where ths firs-damp had not
reached. They restsd there for a moment,
and plunged forward, where they did not
know, until, finally they wandered into a
water level and through It reached a place
Stories of Survivors.
Said Tom Foster:
"How I escaped I do not know. It Seems
like a terrible nightmare. Hundreds of
times I gave up bops, but from sheer la-.
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