The Omaha Daily Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, SATURDAY MORNING, JULY 12, 1902-TWELVE PAGES.
SINGLE COPY FIVE CENTS.
REFUSE TO RETURN
Btrikar's Ignort Company'! Order to Eeport
for Duty Again.
Sprrrn m TAKT r.MANr.FS ON FUTURE
,w I
Determinad Hot to Oo to Work Until I
t J a ft t A I
Demands Ire Ixrantea.
EACH SIDE IS CLAIMING NEW STRENGTH
Alleged Proposition to Adjust the Rtrike
Merely a Suggestion.
AUDITORIUM COMPANY NOT CONCERNED
Hornby Denies that He Benresented
the Andltorlnm Directors In Mak
ing Saajaeatlon to Central
Labor tnlon.
VIra President Wilson of the Interna
tional Association of Machinists, who has
bad direction of the strike, with headquar-
ters In Omaha, left laat night for the west,
Ha will put In some time with the strikers
in ih towns and cities along the Union
Pacific. S. H. Orace and other executive
committeemen will have charge of affairs
here for the machinists during Wilson's ab
sence
Mr Wilson expressed himself last night I
wp.ii satisfied with the progress of af-
fairs and confident that the strikers would
ventuallv win Ihelr fight. From now on
a great effort will be made to prevent the
Introduction of nonunion men Into the
various shops. The strikers are organizing
everywhere over the system with a deter
mination of accomplishing this end, for In
that they believe lies great possibilities of
success. It will require some diligent work
of this kind, however, the officials inti
mate, to Intercept their plans and prevent
them from filling the shops W1W me non
union men If they see fit.
The strikers construe the order Issued
Thursday by the company, purporting to be
an ultimatum to them to return to work
or take the consequences, as the gauntlet
thrown down, but they declare that this or-
Ber has nor will have no effect upon their
men. Last night they were claiming that
two more machlntots had left the Omaha
shops and Joined the strikers.
Not One Man Returns.
They assert that various places over the
system have been heard from and all re
port that not one of the men baa availed
himself of this opportunity to return to
work. The strikers are confident their
ranks will be kept Intact and that none
will go back to work until all are taken
back under the conditions demanded.
On the other hand, the statement was
given out from the highest official sources
of the railroad company yesterday morning
that the company la gaining ground and has
more men In Us shops than It haa bad at
r v ' AsV4 what the company would do If it
became evident the strikers would not r
turn to work until their demands were
granted, an executive official yesterday de
cllned to stats.
One of the strikers said yesterday morn
ing several of the men had received personal
letters from the company making induce
ments to them to return to work. In view
of events of the ,last few days an early
termination of the strike IB looked ror.
Officials, however, decline to give out any
Information concerning any plans they
may have for bringing about a settlement
of difficulties.
Feeling? Against Nonunion Men.
Feeling among the strikers against the
company and Its Imported nonunion men
becomes more animated each day. The
strikers feel that these men should not be
allowed to come in and fill their places
and some assert their determination to
stop them It possible. The company la
taking every precaution against trouble of
this kind.
Investigation shows that the alleged pro
posal reoelved by the union men for a set
tlement of the strike, which Vice President
Wilson disclosed Thursday nlgbt and
which was said to have been made by Rob
ert E. Murphy, purporting to be a repre
aentatlve of the Auditorium company,
pledging the office of that company as
mediator for a consideration of half a
day's pay from each orgaulzed laboring man
In the city as a bonus to the auditorium
fund, was not made aa an actual propoil-
tlon, but ln the form merely of a aug
gestlon and came from Rod E. Murphy,
bookkeeper of the Floyd J. Campbell com
pany, members of the Chicago Board of
Trade. The wrong Interpretation was
placed upon the letter sent by Mr. Murphy
and the wrong name given by some of the
strikers, aocordlng to Mr. Murphy.
' Marphy Makes Statement.'
Mr. Murphy made this statement to a re
porter for The Bee:
"I aent the letter to the secretary of Cen-
tral Lhbor union. J. A. Bradford, and
merely suggested that the union men of the
city take out auditorium stock to the ex
tent of a half day'a pay for each, and that
perhaps, as the majority of business men
of tbs city were interested ln the audito
rium proposition, it would enlist their sym-
thelr cause, and possibly be the means of
bringing about a settlement of the strike
As to pledging the support .of the Audito
rium company to any such proposition, 1
never thought of , such a thing, ln fact, 1
made no proposition, simply a suggestion.
I also suggested that this fund be diverted
to the strike benefits ln case the proposition
fell through after the money was raised.
Alfred Millard of the Auditorium com-
' pany says concerning the matter:
"The Idea that this company would make
any such offer Is too absurd to think of.
We have never thought of taking any hand
In thla strike and the matter bas never
been broached at any of our board meet
ings aad would not be tolerated If it were
brought up. It is a foolhardy Idea."
Mr. Murphy la not a member of the Au
ditorium company and denlea all claim of
peeking to represent that company.
The Central Labor union bad sched
uled a meeting tor last Bight to consider
this "proposition," but the matter was
dropped when It waa learned through The
Bee yestecdsy afternoon that the "propo
sition" did not come from the Auditorium
company nor any member of it
Denver Paylasr I'alveralty Debt.
DENVER. Julv 11. It was announced to
day that UtiO.OiiO of the tJiiu.OuO debt standing
against the University of Denver had been
eubscribd by Itenvvr men and that (ha
remaining Ho.Ota) would be pledged by D-
temher 1. Home time during the first week
of September a celebration of the lifting of
h. .3 ., v, .urn k. v, ui . ik. . . ..u.
when all the bonds and other evidences of"
laoeuieausea ui be buxuoa.
GOVERNMENT SUES FOR PEACE
Colombia In talt Amlog to Settle
with Revolotlon
lata. PANAMA. Colombia. July 11. General
Salazar In an Interview to'" wllh the rep-
resentatlve of the Ant.
ress said:
.'TV,. . . I. H '"', .,
riui ri
form to Daclfr the reDUbllc lb. ' i. 'hat
congress may meet and reach a de
ln" n"' or ino canal Din, wnicn i
, lmDort,nt aue.tion in Colombia toda
The national government has Issued a
?u.
the departments of Boyaca, Cundlnamarca,
Santander and Toll ma. br the end of July.
Those ln the other departments will, on
account of the lack of rapid telegraphic
communication, have the time of their sur
render extended to August 7. Hundreds of
revolutionists have surrendered already
and more are coming ln every day."
"1 can safely say," continued General
Salaiar, "that the revolutionary army only
exists on the Isthmus because of the help
given It by President Zelaya of Nicaragua,
who has violated all the rules of Interna
tional law."
Generals Sergio Camargo, Carlos Arturo
Torres, Manuel Jose Angarlta and other
prominent liberal or revolutionary leaders
have Issued manifesto addressed to their
followers urging them to lay down their
arms in order that the nation may reach a
decision on the canal bill. This manifesto
sets forth that the commercial Interests of
the world demand the prompt construction
of the Panama canal. Thla declaration
shows that both political parties ln Colom
bia are ln favor of the project. The terms
of the decree of the government granting
pardon to revolutionists referred to by
General Salaiar are more generous than
any of those which have been previously
offered. The organizers of foreign expedi
tions against Colombia, however, are ex
cluded from the terms of the decree.
KING HAS REFRESHING SLEEP
Doctors
Say that the Royal Patient
Continues to Improve In
Every Respect.
LONDON, July 11. At Buckingham
palace the following bulletin was posted
at 10 o'clock this morning:
The king continues to sleep well and to
Improve ln every respect. TREVES.
BARLOW.
The following authorised statement was
Issued this evening:
The kins ha made such excellent prog
ress that his medical advisers believe his
majesty is now strong enough to be re
moved from London. They feel that a
change of air is very necessary at the
present stage of the healing process. It
Is hoped that hla majesty will be able to
leave Buckingham palace Tuesday for the
royal yacht, whicn is at present at roni
mouth.
Tonight's report of King Edward's condi
tion says his majesty continues to make
good headway.
ENGLISHMEN ARE TOO SLOW
American Steel Firms Seen re All the
Bnalaesa In Sooth
JOHANNESBURG. Transvaal, July 11.
The British trade commissioners, who re
cently arrived here from England, admit
that they are amaxed at the amount of
buslnees In steel building material which
Is offering and comment on the Indolence
of the British firms.
They say that so far as they are able to
discover only one firm, and that an Amer
lean concern, has a capable representative
In South Africa, and he has been securing
Immense orders In Capetown and at Jo
hannesburg at his own prices for buge
buildings up to fourteen storlee by being
able to quote prices promptly and promise
construction with American speed.
HEAT INTENSE IN FRANCE
Marseilles la Experiencing a Gennlne
African Sirocco and Storms
Are General.
PARIS, July 11. Exceptional heat, ac
companied by severe storms, prevails
throughout the southern and southwestern
department of France. Marseilles is ex
perlenclng a genuine African sirocco, with
temperature of 104 degrees, the highest
in twenty years.
There have been many cases of sun
stroke at Montpeller, the heat has caused
a number of deaths at Psrplgnan and St.
Etlenne and Lyons report violent storms
of rain, lightning and hall, which have
caused great damage to the crops and
have killed a number of cattle.
MORGAN IS NOT IN SCHEME
Report that He Is Planning: for I'nlfl-
' cation of Tarklah Debt Is
Denied by Plerpont.
LONDON, July 11. There is no truth ln
the report published In the United States
that J. Plerpont Morgan Is planning a
ectaema for the unlflcatlon of the Turkish
debt.
Plans for the unification of the Turkish
debt have been ln progress for some time
past. A report was current on the Berlin
bourse yesterday that the sultan bad
finally signed the trade providing for the
unlflcatlon of the debt.
BOERS OBJECT TO THE OATH
Considered Too Illadlaa, Thonah
Wlllla to Acknowledge
Kin aa Sovereign.
BLOEM FONTEIN, Orange River Colony,
July 11. Difficulty bas arisen regarding
the' oath of allegiance. Many of the Boer
commanders, field cornets and officials of
the late Free State government refuse to
sign the oath, though few of them object
to signing the document called "The
Declaration," acknowledging King Edward
the sovereign. The oath of allegiance,
however. Is much more binding.
CHOLERA NOW DECREASING
Rata In Philippines Has Telling Ef-
feet on the Mnch-Dreaded
Dlaease.
MANILA, July 11. The spread of cholera
baa slightly decreased, possibly on account
of the rain. The totals since the outbreak
are:
Manila, 1,180 cases and 1.711 deaths; prev
lncea, 12,476 cases and 4,537 deaths.
Bomber In Charge.
MANILA. July 11. General Davis haa
turned over the command of the American
trcope in Mindanao Island to General Sum
ber. The two generals are visiting Camp
Vlckera, where the Americana face the
More.
RUMORED TRACY RILLS SEVEN
Eaport on Street of Seattle of Battle with
Escaped Oonriot,
SHOTS ARE FIRED AT CLOSE RANGE
When Depnty Sheriffs Art Bare Once
More They Have Their Mam
He Again Blips Away
from Then.
SEATTLE, Wash., July 11. Bloodhounds
and scores of deputy sheriffs were unable J
stir outlawv Harry Tracy from concealment
ln the brush near Covington today.
Because of the midnight battle last night
the posse were sure of the convict's where
abouts. A cordon of experienced marksmen
encircled that place earlier ln the evening
and there was no possible avenue of escape
for the fugitive without a fight. Hounds
were started on the trail early this morn
ing and worked ln every direction today, but'
without success. Darkness fell with less
encouragement for the hunters than on
Wednesday evening.
Every kind of rumor was received from
the scene of the sheriff's deputies' search
today. At one time a report was started
that a battle had been fought, resulting ln
the death of seven deputies and the wound
ing of the convict. Diligent search for the
source of this report met with failure. It Is
believed to be absolutely groundless, yet It
can not be branded so until every part of
the pursuing crowd haa been heard from.
The nature of the country through which the
chase leads would make It possible for a
battle to be fought ln one of the ravines and
little be heard of it in the neighboring
towns for many hours.
Flaht at Close Ranare.
At 11:45 last night Tracy arrived at the
sawmill plant of the Covington Lumber com
pany, a mile from this place. Deputy
Sheriffs J. A. Bunce, Fred C. Bunce, Galvln
and Crowe had been aent to guard this
point. Deputies Crowe and the Bunces,
father and son, had posted themselves on
the railroad near the sawmill at the en
trance of a big cut near a rise of ground,
the Bunces being on the outer guard line.
They were hardly settled when they heard
footsteps approaching from the Auburn side,
but remained on the quiet until the unknown
bad almost come abreast of them, when the
challenge to halt waa given.
"Hello," responded the stranger.
"What's your name!" demanded 3. A.
Bunce.
"My name is Anderson."
As he gave this reply Tracy, for It was
he. started to run. The deputies again
called upon him to bait, but he kept going
and they opened fire, shooting four times
each. Tracy ran up the trick and a few
yards further encountered Deputy Sheriff
Crowe.
"Who goes there?" challenged the officer.
"A deputy," coolly responded the outlaw.
Taken for a Deputy,
Crowe, thinking it waa the elder Bunce,
started to approach, when Tracy commenced
shooting at close range, firing two shots.
The bullet whistled harmlessly by and
Crowe suffered slightly from the burning
powder as It aped from the muzxle of the
rifle. .... , ,y..-:, .. r-
After the shooting Tracy turned and en
tered the brush along the side of the track,
where be was lost in the blackness of the
night.
The deputies made a burrled circle
through the woods to Covington to bead
Tracy off, but on arrival found that be had
not passed the station
A dispatch dated 8 a. m. adds that since
his escape from the north side of Sluice
creek Tracy attempted to board one of the
castbound freights. The grade Is heavy at
thU point, but the train waa running light
and at such speed that Tracy was unable to
board it. Another train passed and the
conductor reports that while running near
the sawmill someone called for him to stop.
There were no deputies present and It is
thought Tracy Is the man who called and
the opinion Is advanced that he may have
been wounded In the battle just before mid
night.
A man thought to be Merrill appeared
yeaterday at the home of a farmer a few
miles east of Ravendale, near here, and
wanted food. He remained in the vicinity
al! day.
TACOMA, Wash., July 11. At o'clock
this morning Sheriff Cudlhee and numerous
posses arrived at Covington, about twelve
miles from Tacoma, where Tracy eluded
the posse at midnight.
Every train going toward the Northern
Pacific tunnel through the Cascades la
stopped and searched. The location of the
country is such that Tracy may be aald to
be naturally cornered in the point of a trl
angle and therefore developments are mo
mentarily expected.
All Indications are that Tracy is following
the Palmer cut-off up the mountains, keep
ing In the timber as much as possible. He
bas about five miles start of the posse.
A special to the Times from Covington,
Wash., says: A man answering the de
scription of David Merrill, Tracy's partner,
appeared at Ravendale yesterday after
noon. He forced a family two miles east of
that place to give him diner and later re.
turned to the bouse and procured a supply
of provisions.
Sheriff Cudlhee and Guard Carson, with
bloodhounds and a small posse, left Auburn
at ( o'clock this morning for the point
where Tracy waa laat seen.
GUARDING THE COUNTY JAIL
Feared that Second Attempt May Be
Made to Dynamite Bastlle
at St. Joseph.
ST. JOSEPH. Mo., July 11. Sheriff Spen
cer summoned a large force of guards to
night and armed them heavily ln expecta
tion that a second attempt would be made
to blow up the county jail and liberate
fnany desperate criminals awaiting transfer
to the penitentiary. Enough dynamite was
stolen from a rock quarry today to blow
up half the town, a considerable part of
which waa discovered to have been smug
gled Into the jail. Sheriff Spencer sent
his family away. No stranger la permitted
to approach within fifty feet of the build
ing. WIDOW WANTS ThF MONEY
Denver Woman Flies Snlt to Recover
f-tOO.OOU Bequeathed by Her
Hasband to Chnrch.
DENVER. July 11. Mrs. Queen V. Cole
today filed suit to recover one-half tbs
property, principally Denver real estata
valued at 1 400,000. which was recently pre
sented to the Penlel Trust, a Methodist
organisation, by ber husband, Henry Cole,
despite ber protest.
The complaint alleges that during tbs
two years past Henry Cole refused to give
his wife any money for ber own use or for
the purpose of articles needed ln their
home, ana charges him with cruelty in
various lorma.
CHANGES MIND AT .THE ALTAR
Mlse "Happy" Van Wyekt Canaes Stir
in WaahlaB-ton 'Social
i
Circles.
(From a Staff Correspondent)
WASHINGTON. July 11. (Special Tele
gram.) Mies Theodora H. Van Wyck, fa
miliarly known as "Happy," daughter of
late Senator Charles H. Van Wyck of Ne
braska, who was to have married Frank
Mitchell of this city on July 3, recanted of
her promise and the wedding did not take
place according to program, and thereby
bangs a story which-is just becoming pub
lic. A license to marry was Issued July
from the office of the district aupreme
court t0 Mr. MUche,( ed 2e. and
Miss Theodora H. Van Wyck, aged to, and
on the following day the couple presented
themselves at the residence of Rev. Dr.
Wallace Radcllffe, pastor of the New York
Avenue Presbyterian church, to have tbs ,
ceremony performed. For some reason the
nuptial knot waa not tied and the affair
was declared oft. It is said, however, that
the young woman changed ber mind ln the
middle of the ceremony and that she re
garded the whole matter la the light ol a
joke.
Shortly after the Interrupted ceremony
Miss Van Wyck left for MUford. Pa.,-the
family home of the Van Wycks, where she
haa friends, leaving no explanation of ber
strange proceeding to console her friends.
Miss Vsn Wyck, since her pother's death,
has spent a great deal ' o! her time In
Washington, appearing at wocial functions
under the chaperonage of a leading sena
tor's wife, having apartments at the Nor-
mandle. The young woman' was known as
Happy" Van Wyck, and In tact so regis
ters herself.
Rev. Radcllffe, while refusing to discuss
the strange ending of what promised to
be a most happy culmination of a genuine
love match, stated that the couple, accom
panied by one person, whose name waa un
known to him, appeared at his home and
presented a proper marriage license. That
was all he would say, excepting that the
young couple left his residence unmarried.
He preferred that the facts should come
from the parties themselves.
Friends of the principals of the affair
say the would-be groom took the affair se
riously and was much surprised at the
young woman's change of mind at the crit
ical moment It is understood that while
ahe haa social admirers, she had shown a
decided preference for Mr. Mitchell, and
at the theater and ln nearly all her rides
and drives about the city be was ber es
cort Mies Van Wyck Is well known In Omaha,
where she has frequently visited, and at
Nebraska City, where the family made Its
home for many years. Her last visit to
Omaha was ln the spring of 1900, when she
waa accompanied by her mother, who died
last November.
PRESIDENT RATHER WORRIED
Kegotlationa with the Vatloan
Are
Giving- Htm If Little
Concern.
OYSTER BAT, L. I.. JJ -l.Affey ; a
ureciy outing in me eany morning preal
dent Roosevelt and Secretary Cortelyou
took up the business which had reacted
them by wire and In the morning mall.
A question which -now is engaging the
president's attention, and which Is giving
him no . little concern, Is that respecting
the negotiations with the Vatican fer the
withdrawal of the friars from the Phil
lpplne archipelago. Mr. Roosevelt has re
ceived from Secretary Root the pope's note
In reply to Governor Taft's proposition,
cabled to the War department from Rome.
It is announced that until the negotia
tions have been brought to an Issue, sue
cessful or otherwise, no formal statement
by the administration will be made. When
that time shall arrive the statement will
be given to the publlo by Secretary Root
in Washington. Nothing will be made
public here. '
Senator McLaurln of South Carolina, ac
companied by D. D. Colcock. secretary of
the Louisiana Cane Growers' association
arrived here today. Mr. McLaurln took
luncheon with the president. Mr. Colcock
aaw Secretary Cortelyou, but did not see
the president early ln the day. He was
desirous of discussing the Cuban red
proclty question with the presjdent, feel
ing that he could make out a good case
for the southern sugar growers. Senator
McLaurln said his call was purely social
but It Is not unlikely that Mr. McLaurln's
expected appointment as a judge on the
court of claims bench was under discus
slon.
Father Thomas F. Malone of Denver,
Colo., met the president at 13 o'clock to
day by appointment. They went over to-
a-ether the case of the priest, John H
Cushlng, who endeavored to see the presi
dent several days ago, but failed. Secre
tary Root Is expected at Sagamore Hill
tomorrow.
JUSTICE GETS A QUICK MOVE
Maa at Cheyenne Landed In Peniten
tiary Twelve Honrs After
Crime is Committed.
CHEYENNE, Wyo., July 11. (Special
Telegram.) It required less than twelve
hours today to capture, convict and In
carcerate ln the state penitentiary Arthur
Funk, a Denver man, who criminally as
aaulted the 10 and 4-year-old daughters of
Dan Snyder of South Cheyenne. Funk
enticed the little ones to his room, where
be accomplished bis purpose and where
their father found them. The police were
notified and aoon bad Funk In charge. He
was arraigned at S:30 this afternoon
pleaded guilty, was sentenced at 4 o'clock
to twenty-eight years In the penitentiary
and at ( o'clock was on the train enroute
to prison.
RATE WAR IS IMMINENT
Wabash Annonnecs Cnt for Round
Trip to New York aa Against
Kxcaraloa Tlcketa.
CHICAGO, July 11. Tomorrow the
Chronicle will say: The present lndica
tlons are that a paasenger rate war In
traffic la Imminent Lines east were sur
prised today by being served by the Wa
bash to the effect that the tickets will
be sold by that Una from Chicago to New
York and return for $18 on all da1 tee when
excursion tickets were sold by other roads
to Atlantic City. Aa the notice now stands
the Wabash will use the lit rate to New
York and return on July 17 and SI and
on August T and 14, giving a return limit
of twelve days. The days named by the
Wabash are those selected by the Lake
Shore, the Pennsylvania, Baltimore A phi.
and Pan Handle for their Atlantic City
excursions.
No reason Is assigned by the Wabasb
officials tor the rates.
INDIAN LANDS ON MARKET
Tifty Thonaand Aorei on the Omaha and
Winnebago Eaierratioa.
RULES GOVERNING THE TRANSFERS
Lands to Be Sold Are That Formerly
Allotted to Indiana, Who Have
Since Died, Leaving;
Heirs.
WASHINGTON, July 11. (Special.) Un
der operation of law what is known as the
heirship lands on Indian reservations are
to be sold. There Is more or less of this
lsnd on every reservation where allotments
ln severalty bave been made, the amount
on the Omaha and Winnebago reservations
In Thurston county being between 60,000
and 65,000 acres. . This Is among the finest
agricultural land In the state.
The Interior department has promulgated
the following:
Rules for conveyance of Inherited Indian
nnds. to be observed ln the conveyance of
nherlted land allotted to members of nny
tribe of InUtann, for which trust and other
putentu have been Issued with restriction
upon alienation, under the provisions of th
ct of congress approved teDruary ii
(24 Slats., or other act of congress,
or any treaty stipulation, as authorised by
section 7 of the act of May 27, 1SH)2, public
ro. 128, vis.:
That the adult heirs of any deceased In
dian to whom a trust or other patent con
taining restrictions upon alienation has
been or shall b Issued for the lamia al
lotted to him may sell and convey the
lands Inherited from such decedent, but
In case of minor heirs their Interest shall
be sold only by guardian duly appointed
by the proper court upon the order of such
court, made upon petition filed by the
guardian, but all such conveyances shall
be subject to the approval of the secretary
of the Interior, and when so approved shall
convey a full title to the purchaser, the
same aa It a nnal patent witnout restric
tion upon the alienation had been umiea to
the allottee. All allotted land bo alienated
by the lit Irs of an Indian allottee and all
Und so patented to a white allottee shall
thereupon bo subject to taxation under the
laws of the state or territory where the
same la situate.
Provided, that the sale herein provided
for shall not apply to the homestead dur
ing the life of the father, mother or the
minority of any child or children.
1. The aeed or instrument oi conveyance
must be executed In the presence of two
subscribing witnesses and acknowledged
before an Indian agent. If the grantors
reside within the ' limits of an Indian
agency.
. in case tne gramora oo not resiae
within the limits of an Indian aajency. the
deed of conveyance may be acknowledged
before a notary public, a Juetlce of the
peace or other person duly authorised to
take acknowledgment of deeds, whose offi
cial character must be certified by the
clerk of a court of record, under the seal
of such court
8. Such deed or Instrument of conveyance
must be accompanied
(I.) By a certificate signed by two mem
bers nf a business committee. If there be
such, or by at least two recognised chiefs,
or by two or more reliable members of
the tribe, or by other competent ana creai
blo persona, setting forth that thj allottea
to whom the land was originally allotted
is dead, giving aa nearly as possible the
date of death.
lll.i Bv a certificate from the Indian
aaent. superintendent of school, or other
officer In charge of the Indian tribe, that
the contents, purport and effect of the deed
of conveyance were explained to and fully
understood Dy tne grantors, and mat tne
consideration specified In the deed Is. a
fair price for the land; that the same bas
been secured t be paid to-tha grantor In
lawful money of the United States, and
that the conveyance Is ln every respect
free from fraud or deception, and that
said allottee did not reside imf hla home
stead or allottment, nor cultivate the land
sold during his uretime and immediately
preceding nls death. If the allottee did
reside upon such land, then it murt bo
shown of whom the family of the deceased
allottee consisted, their ages and relation
to aaid deceased allottee, ln order to de
termine whether It Is a case In which a
sale la authorized under the said act of
May 87, 1902.
No Money Paid Indiana.
(III.) The consideration money must In no
case be paid the grantors; but a certificate
from tne cashier or other omcer or some
reputable bank, or. In case there Is no bank
convenient, from a United States Indian
agent, showing that the stipulated price
named In the deed tor tne land has Deen
deposited In such bank, or with such agent.
aa tne case may De. 10 De paiu io tne
grantors, or their order, upon presentat'on
of the deed duly approved by tn? secretary
of the Interior or by the president, must
accompany such deed.
(IV.) hen the deed is acknowledged be
fore an officer other than an Indian agent
It must bo accompanied (In lieu of the
certifcatea of the business committee and
Indian agent, ln other cases required) by
a certificate of the officer taking the ac
knowledgement as to the facts required
to be certified by the business committee
and Indian agent, or, if such facts shall
not be known to such officer, they must
be verified by the affidavits of at least two
credible disinterested persons who are cog
nisant or these tacts, whose veracity must
be certified by such officer.
(V.) V henever a deed of convevanca
properly executed shall be presented for
approval to the department of the Indian
agent, superintendent of school or other
officer ln charge or tne Indian tribe, when
competent from his general personal knowl
edge ox tne vaiue or me lann. ne snail
visit, view and report ln his best ludement
the value or tne land, and snail require the
Dartles In Interest to furnish an additional
certificate of deposit to meet the valuation
ilaced upon tnu land ir it De in excess of
he consideration named In the deed. If
such officer la not competent he shall re.
quire the agency farmer, or other com
petent employe (If he haa such In his em
ploy), to visit, view and value the land
conveyed. Hut if neither agent, sunerln
tendent of school, nor other officer In
charge of the Indian tribe, nor any employe
attacneo to aucn aeiirjr, is competent, as
n foresaid, to appraise such land, then the
Indian agent, superintendent or other offi
cer In charge of the Indian tribe may se
lect a committee of three competent and
dlslntereated persons (farmers or persons
who by their occupation have personal
knowledge of the value of the land) to
make such visitation and ' valuation and
furnish written certificate thereof, the ex
nense of said commission in all cases to ha
paid uy tne venues.
No Refund to Parchaaer.
(VI.) Where these rules specify two or
more officers or other persons to perform
certain duties preference must In ail cases
be given sucn omcera or persons ln order
named.
(VII ) The amaavits or tne grantors and
of the grantees must accompany such
deed, showing that there Is no contract.
agreement nor understanding (.written or
oral) whereby the consideration money or
price tiHia lor tne iana, or any portion
thereof, la to be refunded to the purchaser
after the approval of the deed; nor any
live stock, implements, other article or
thing, are to De exchanged or taken In
lieu oi saia consiaeraiion money or uur
chase price, or any portion thereof, for
such land.
(VIII.) The testimony and all paners
pertaining to the conveyance must be
properly authenticated under seal, and in
all other respects tne conveyance must
conform to these rules.
4 When tne land conveyed, or any iurt
thereof, Is less than a legal subdivision or
does not conform io tne puouc survey a
diagram, prepared Dy a competent sur
veyor, or an authenticated copy of the
official plat of aurvey Indicating all the
land Intended to be conveyed, and all
former sale by the grantors or allottees
must be furnished for the use of the In
dian office.
i. No deed of conveyance for an un
divided Interest leas than the whole In In.
herlted Indian land will receive approval
unless executed by all the helra of the de
ceased allottee, when, however, a part of
the helre decline, for satisfactory reasons,
to loin the other helra In the conveyance
Of lnneriien imiiu. aa aiorrsaia, men parti
tion proceedings should be had with a view
to dividing the land between the aeveral
helra; and when such partition haa been
made and approved and decreed by the
proper court each heir may then sell and
convey the respective portion of sal. I Inherited-
land partitioned to and set apart
for him without the co-operation of the
other heirs. A certified copy of such court
proceedings in the partition must tecum
(Continued oo Second Page.)
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fair Saturday;
Sunday Increasing Cloudiness.
Temnerataro at Omaha Yesterday!
Hoar. Pes. Hoar. Peg.
R n. a At 1 p. m Ttt
a a. m a a p. m tt
T a. m...... 414 'X p. tn...... TH
a. m JT 4 p. m T
a. m...... en II p. m 7t
ID t. m 70 Bp. m MO
It a. m Til 7 p. m 8t
lln 74 a p. m 7
9 p. m ..... . 70
GENERAL BATES LEAVES OMAHA
To Be Transferred to Chicago as
Commander of Drpnrtment
of the Lakea.
CHICAGO, July 11. Promotion has again
come to Major General Arthur MacArthur,
who this time Is to be transferred from
command of the Department of the Lakes
to that of the East, his headquarters being
changed from Chicago to Governor's Island
tn -New York harbor. The total force of
Infantry under General MacArthur will
number 16,000.
In the Joint army and navy maneuvers
next month General MacArthur will com
mand the defending forces of 6,000, when a
test of the coast defense la to be made by
a flotilla of battleships and cruisers.
The transfer was mads by President
Roosevelt yesterday. General MacArthur
was appointed to succeed General Brooke,
who retires under the age limit July 21.
Major General Bates, who Is now In com
mand of the Department of the Missouri,
with headquarters at Omaha, will be trans
ferred to Chicago to fill the position made
vacant ln the Department of the Lakes.
The Department of the East is consid
ered the most important of all the divisions
under the War bureau. It covers the
whole Atlantic coast, extending from the
northern boundaries to Key West and In
cluding the gulf coast with the exception
of Texas.
FIND
FITCHETTE GUILTY
Jury Decides that Folic Captain
Trafficked In Positions
on the Force.
MINNEAPOLIS, July 11. Police CapUIn
John Pltchette, formerly known aa "Coffee
John," was convicted tonight of trafficking
In nosltlona on the police force. The spe
rlflo charge was that bo accepted 200 from
John Long for procuring the appointment of
the latter as a policeman.
While the offense Is only a misdemeanor
and does not involve a penitentiary sen
tence, the conviction Is regarded as of great
imr-ortance ln the current municipal cor
ruptlon expose because of the complication
of other officials. The prosecuting au
thorltles point out that It would have been
imnosslhla for Caotaln Fltchette to have
sold appointments to the police force un
esa he were ln collusion with otner oin
clals. The appointment of Long was maae
last August under the administration of
Mayor Ames. He had been dropped from
the department rolle when Ames resumed
office six months before.
Testimony showed that David Johnson,
arlD ss Lonc'a attorney. Daid 1200 to
Fltchette, and when be callejKtt the cap
tain's restaurant the next day to oe in
formed of his client's appointment be saw
Mayor Ames ln the placs.
PRESENT LIST OF OFFICERS
Bnptlst Yoong People's Union Conven
tion Makes Nominations for the
Ensuing Year.'
PROVIDENCE, R. I., July 11. At today's
session of the Baptist Young People's union
convention the nominating committee pre
sented a list of officers for the coming
year, all of whom wera elected, as follows:
President, John H. Chapman, Illinois;
vice president, George Miller, Maryland;
second Vice president, Thomas- Trotter, D.
D., Nova Scotia; third vice president, Sam
uel Seymour, Pennsylvania; recording sec
retary, H. W. Reld, Illinois; treasurer, H.
B. Osgood, Chicago; members of the board
of managers, Ira M. Pierce, D. D., H. W.
Reld, J. W. tow, C. S. Burton, H. F. Perry,
D. D., W. H. Oelswert, D. D., E. W. Hunt,
D. D., George T. Webb and M. L. Brltton.
LAW IS HARSHLY ENFORCED
Wealthy Spaniard Cornea to United
States to Conanlt By Special
ist and Is Deported.
NEW YORK, July 11. A peculiar case
of deportation, Involving the denial of the
right of a patient with an incurable malady
to land In this country for the purpose of
consulting a specialist. Is that involved
ln the compulsory departure of Ouillomo
Sangertua, a wealthy Spaniard of Havana.
Senor Bangerlus arrived here from Cuba
June 7. A physician of the United States
Marine Hospital service, detailed to the
Immigration service, boarded the steamer
after it bad passed quarantine inspection.
He noticed that Senor Sangerius had trich
oma, a disease of the eye, and ordered him
Isolated ln the United States Marine hos
pital for aliens.
THINK MOHICAN IS SAFE
Training Ship Is Forty-Two Days Ont
from Yokohama aad Not
Yet at Honolnln.
HONOLULU, July I, via San Francisco,
July 11. The United States training ship
Mohican is now forty-two days out from
Yokohama, bound for here, and. nothing
has been beard of it since It left Japan.
Rear Admiral Merry Is Inclined to think
that it baa encountered adverse winds and
Is coming along under sail.
Movements of Ocean Vcaaela July 11
At Boston Arrived Commonwealth, from
Liverpool.
At r-nlombo Sailed Yanr Tse. from Ta
coma. Yokohama, etc., for London.
At Moville Sailed Pretorlan, from Liver
pool, for Montreal.
At Southampton 8alled Fuerst Bis
marck, from Hamburg, for New York, via
Cherbourg.
At the Lizard Passed Koenlngin Luis
from New York, for Southampton and
Bremen.
At Genoa Arrived Alter, from Nen
York, via Gibraltar and Naples.
At Queenstown Arrived Lucanla, from
New York, for Liverpool, and proceeded.
Sailed Marlon, from Liverpool, for Bos
ton. At Cherbourg Arrived Graf Waldersee,
fmm New York, via Plymouth, for Ham
burg, and proceeded: Columbia, from New
. . . 17 ... . . 1 . 1 .. . . . . . 1. ...
York.
Sailed Fuerst
Bismarck.
from
Hamburg and Southampton, for New York
At Sicily Passed Menoml
nee, from New
York, for London.
St. Michael
Arrived Hoheniollern, from
New York,
for Gibraltar, Naples and
(ienoa.
At Liverpool Sailed Bovlc, for New
York.
At New York Arrived Manltou, from
London; Campania, from Liverpool and
Queenstown: Httrtiarossa, from Bremen
At Havre Arrived La liretagne, from
New York.
At Plymouth Arrived Graf Waldersee,
frum K ew lor a.
REMOVING THE DEAD
Blackenad Eodiai of Minsri Take from
Dabris at Johnstown Diaaatar.
NOBLE WORK OF RESCUE IS GOING ON
Brava Man 0o Down Into Jawa of Death
to Sara Fallow Woiken.
TRANSFORMED INTO RAVING MANIACS
Hours of Waiting in Pitch Darkneaa Drm
Boma Stark Mad.
GOVERNOR ORDERS AN INVESTIGATION
Chief of State Barren of Mine Goer
to Scene of the Disaster la Or
der to Learn Cans of th
Explosion,
JOHNSTOWN. Pa.. July 11 At 1 o'clock
this mornlug it can be stated of the 600
men supposed to bave entered the mouth
of the Rolling Mill mine of the Cambria
Steel company Thursday morning, ninety
are known to be dead and twenty-two
rescued. Four hundred, so the mine offi
cials claim, escaped when the explosion
occurred, leaving eighty-eight still to be
accounted for. Some of these, according to
those In charge of the rescue work, are
dead, but the majority, they claim, have
escaped. From physicians, heads of rescue
parties and others who are familiar with
tho different headings In the mine. It Is
learned that at least fifty-two additional
bodies will be brought to the tsmporary
morgue at daylight, making the total dead
142. This, so President Stackhouse says,
will be the extent of the disaster, but until
all checks of the miners are taken an ac
curate list will be Impossible. Some of the
bodies, It Is "admitted, will be entombed In
the closed headings or burled under alate.
Somo may never be found.
JOHNSTOWN, Pa., July ll.-Thls has
been a day of herolo rescues at the fated
Rolling Mill mine of the Cambria Steel
company. Thrilling experiences attended
the efforts of the forty brave and daring
fellows who went down Into the bowels
of the earth, stirred by a very faint hope
that still they might be in time to restore
to life some of those who are entombed.
Death lurked everywhere around them,
but undaunted they pressed forward,
swayed with the noblest of human pur
poses. The reward of their efforts waa
the saving of the lives of fourteen of
their fellow-men and bringing them again
Into the sunlight and back to living fam
ilies. Dead and maimed bodies were lo
cated, but no effort waa made to bring
them out of the vast theater of death
until every human energy was put for
ward to seeing that no living soul might
escape ' their aid. That done, the dead
were put In train cars, brought up and
exposed to morbid gaze, while being trans
ferred to wagona io, which to be taken jo
the Jnorgve... ., .... ,r. ,. , ; v
Eighty-seven dead bodies were recovered
from the mine between daylight and night
fall. Still a party of officials and minora
battled on, three miles Inside the mine.
Occasionally word would come to the sur
face 'by some mysterious means that an
other heap of remains bad been expoaed
to the vision of the searchers. There re
main dangerous headings in the Klondike
section of the mine yet to be explored.
No one knows how many more dead will
be found there. The mine officials refrain
from guesswork on the subject.
Identified List of Dead.
The official list of the bodies identified up
to 10 o'clock tonight Is as follows:
JOHN R. THOMAS, la
EMERY BA8818TA.
STEVEN KANOCZ.
STEVEN C1MKO.
MICHAEL SABOT.
MICHAEL BILOVINEO.
M. 8ILOVINKC, Jr.
JOHN NOVAK.
ANTON LAZAKBKL
VALANT PLAOA.
JOHN KEER.
BOLISLAW MIBKOV9XI
AUGUST 8TKUZIN8K1.
JOHN KARAWIRCZ.
MICHAEL CILENDVIO.
M. CILENV1C. Jr.
V. DOMBROWBKI.
O. LEWANDWSKI
WILIIAM KSONZK.
JOHN HORVAL.
FRANK JENDHEBKL
WILLIAM SONZK.
FRANK HOILI.
JOHN OALYDA.
FRANK LAZAKBKL
B. TKTKOW8KI.
JOHN T1BUK8KI.
ANDKO BALASCAK.
ANTON LUHABKI.
BTANSLIU SOOLK.
B. DOBRAZY1VECKI.
JOSEPH MA8L1VBKL
PAI L BUTl ILA.
JOHN KARZIWICS.
ANTON DEHUC.
ANDRO ZAJ.
V1DA RACHA, ir.
JOHN RACHA, Jr.
bor boa of School Plr.
JOHN C. WHITN J X,
flri boas.
WILLIAM blanch, as
sistant foreman.
JOSEPH TOMUNBON,
fire boaa.
WILLIAM LEES.
DANIEL LEES.
MICHAEL MOANS.
PHILLIP M'OANN.
JOHN CROOK.
PRANK CHESTNUT.
JOHN SADLEK.
JOHN HOLLY.
THOMAS BISHOP.
MICHAEL BOSANfO.
GEORGE HOLOOIAK.
JOHN Wl LA VENDER.
FRANK GUZ1.
ANTHONY POLLAK.
JOHN POLAK.
FRANK HCHULTg.
GEORUB TVAROZNA.
TAVEL VRABEL.
ANDKO HAVALDA.
JACOB HUL.
MICHAEL IVEK.
JOREPH RICZEK.
8TOKJAN VERQAS.
MIKE SABOT.
MICHAEL DRICKA.
WADIHLAW lil'UKlSKT
JOHN ROPIRCKl.
JOHN BAROK.
JOHN I.A8KO.
MICHAEL PRBZUHY.
Johnstown Horror
Stricken.
The Impression prevails among the out
siders and certain employes of tbe mine
that 150 Is a low estimate of the easualty
Hat. Fated Johnstown spent th day hor
ror-stricken. Great throngs surged about
the pit mouth, the Improvised morgue at
the armory and about the stricken bomes
of the dead. Exaggerated rumors of all
kinds prevailed. One report gained circu
lation that disaster had overtaken tbe res
cuing party which entered the mine shortly
after 9 o'clock. This waa not disproved until
word finally came from the men ln the
mine.
It is difficult to picture with any degree
approaching Its full worth the work of rea
cue. How brave men went )nto the Jaws of
death in its most horrible form, encount
ered their fellows transformed into raving
maniacs by hours of waiting in tbe pitch
darkness of the earth' interior, lifted them
moaning from their beds of fallen rock aad
then, bending and crawling on all fours, car
rying them a quarter of a rolle underground
to where cars could be reached to take them
outside.
Along In the early part of the afternoon
cheering word came from the Innermost re
cesses of the mine that life yet lingered ln
some of the bodies found. The rescuers
made fl:st for No. 4, tbe left beading, which
they had been unable to reach the night be
fore. Desolate, even for the scene of a
mine Interior, was the heading that
stretched out before them. Falls of root
almost choked the heading, but through aad
over the debris the brave men pushed their
way.
Maniac's Usgb Greet Them.
In tbe front, young Patrick Martin, bis
brother Peter, Philip White and aeveral
cousins of the Martins made their way.
Suddenly ln an open space they were start
led by the maniac laugh which emanated
from a blackened form that rushed at them
out of the darkness.
Tbe man graaped firmly a pick handle
and tried In his frenzy to beat down his
rescuers. He was overpowered and dragged
back to the main beading to the cars.
Thirteen other living men were found la
thla chamber and ibyslclana wsra quickly
1