Omaha Daily Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, WEDNESDAY MORNING, JULY 23, 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
The
GOVERNMENT IS FAIR
Arohblinop Ireland Batmkei Certain
Catholio Organa in Unit! Bute.
DISCUSSES NEGOTIATIONS IN PHIUPNNES
Aaitrtg tliat Pontiff ia Greatly Flaajei
with fngft Made.
PAYS COMPLIMENT TO THE PRESIDENT
Bajt Onthalioa Bhrald E Frtrad of Attitude
Taken by Booeayelt.
HOPES THE HOWLERS WILL NOW CEASE
i Matte la In the Rande of the Pep
0M& Archbishop Believes it Daty
etf Catholics ta Bow ta
01 Opinion
iff. FAtJL, Julf 13. Archbishop Ireland,
In an Interview with a representative of
tea Aeeooletsd I'rest today, reviewed et
gome length the negotiations conducted
between Judge Taft and the Vatican and
took ti task certain Catholle organs which
tare questioned the fairness of the ad
ministration toward their eo-rellgioolsta.
The archbishop aaldt "Yes, the news
from Rom la quite satisfactory and quite
correct. Advices coming to me from tho
moat reliable source confirm In all re
epects the dispatches given by the Asso
ciated Press. The sovereign pontiff and
other Roman authorities are delighted with
Governor Taft personally and with the
negotiations In course of progress between
him and the Vatican.
"Reports sent out by the correspondents
of certain London papers to the effect
that tho pontiff was displeased with the
manner of acting of the commission of
cardinals appointed ta treat with Governor
Taft were absolutely unfounded. Aa stated
In this morning's Roman dispatches, the
pontiff assured Governor' Taft that he was
aatlaOed with the results so far obtained,
and that ha was confident the negotlationa
would be the suiting point of a complete
and satisfactory solution of the question
under discussion. This shows the matter
as the Vatican views tt and as It really Is.
"That the negotiations have not yet
reached final conclusions and are to be
transferred from Rome, to Manila is what
might have been expected from the be
ginning. Governor Taft is In a hurry to
1 return to the Phlllpplnee and could not
prolong his slay In Roma, and, on the
other hand, the proNema 10 oe soma
! in oomDlloated. especially from the vatloan
(standpoint, that time In the work la of
prime necessity.
Came -ta Asraaanenvt Cnlckly.
I "The Vatican and Governor Taft cams
easily and quickly to a substantial agree
ment. The question for the Vatican la,
I what practical methods are to be adopted
, to pot the agreement into execution.
j With a little time certain matters, sow
seeming to offer great difficulty, will be
I made by quiet, skillful touches of pontifical
dlnlomacy. to work themselves out win-
ant friction or excitement, and so, when
In Manila, final conclusions are to be
reached, things will have been ripe and
will turn out all right.
"This la the vatloan method of proceed
ing. It la a wise and prudent method. Mr,
Taft understands the matter and leaves
Rome aatlsfled and hopeful. He carries
away with him the pontiff's statement that
the negotiations bsgun In Rome will prove
to be tba starting point of a complete and
satisfactory aolution of the questions at
Issue, and that much he considers quite
sufficient for the moment. There can be
no doubt but that the active co-operation
of the Vatican la aecured to the American
government In Its task of pacification in
the Phlllpplnee, and that in the results to
come the government will have ample rea
son to congratulate Itself on having ssnt
Oovsraor Taft to Rome.
"And now It Is hoped there will be
among certain classes of Catholics In
America a cessation . of movements and
declarations such as wa have had recent
occaalon to hear of regarding religious
matters In the Philippines. Tha pope
teaches thoee Catholics to trust the Amer
lean government, as they seemingly have
been heretofore unwilling to do. In his
conversation with Governor Taft ha ex
pressed tha highest esteem for American
methods of treating church matters and
remarked that ha had mora than once
pointed toward tha United Statea as set
ting an example well worth copying. His
words ought to signify aomethlng to those
who profess to take him as their leader
and guide. At any rate, tha direction of
Catholic affairs la his businesa, not that
of Irresponsible church societies or news
papsr editors; and when he Informs Cath
olics that any one matter Is In hie hands
they ought promptly to step aside and al
low htm to have charge of It.
Ia Heads af Pope.
Tba queatlon of religion In tha Philip
pines la now formally and officially hla
own and It should be considered as such
A few there may remain who still believe
that they have a better understanding of
It than he has, and will Insist on telling
aim how to handle It, but such aa those
are the few, and at leaet It will be clear
that they hold no brief whatever from tha
Cat hoi to body at large.
"Tha agitation, suoh as It was in cer
tain Catholic quarters, did no honor to
those who, participated In It. Aa ia now
proven, they spoke and acted without due
knowledge and certainly without proper
regard for the government of their
country.
"They first ahould have been absolutely
oertaln that Injustice had been done to
their co-reltglonlsts and next It Injustices
had been done, they should have sought a
remedy to them by an appeal to the proper
officers before raising la public Irritating
clamors. That the vast alterations made In
tha Philippines by the transfer of the Is
lands from 6peln to American sovereignty
aerloua complications were sure to arias In
church matters as they did In social mat
ters was naturally to be expected, as It
was also to be expected that time would be
required to regulate things properly; and
that meanwhile suffering in one form or
another was to come to Interests most
sacred and vital.
"Patience, then ahould have been had
not hast should there have been to lay
blame upon the government which was doing
Its beet to bring order out of chaos and
above all, no charges should have been
made against ths Intentions of the govern
meat. It was rank and the rashnesa and
rankest injustloe to intimate that the gov
eminent intended to proselytise In the Phil
Ipptnea or to do aught to teach the Inhabl
taats the Catholic faith. To know in the
sllghteet degree Mr. Rooaevelt. Mr. Root
(Continued on Fourth Page.)
CANADIAN HAS NEW IDEA
Way ta Beet Mertsaa la ta Operate
Uses Betwr-s Halifax
aa Eastland. ,
LONDON, July lr The House of Com
mons eommlttee appointed to Inquire Into
tha question of steamship subsidies wsa In
session this morning and examined Senator
G. A. Drummond of Montreal.
Mr. Drummond said he had arrived at tb.
conclusion from recent developments of
American shipping combines that the land
lines practically controlled the situation and
that tha ocean lines were merely adjuncts.
At first sight It would appear that the pur
chase of a number of old British steamers
by the American combination could be
remedied by building new boats. But hs be
lieved that if thla waa done by a new or
ganisation It could be mado unprofitable by
the Americans, who, by means of true bills
f lading from the producing centers, could
control freights aa well aa a considerable
portion of passenger traffic.
He believed the only hope of escape from
the combination lay through Canada. He
advocated a speedy, up-to-date servtoe of
wenty-two-knot steamers between Great
Britain and Halifax, Instead of New York.
Such a line ought to be subsidised at from
$350,000 to 1400,000 for ten years, half pay
able by Great Britain and half by Canada.
Thereafter, he believed, the line, if Judi
ciously maintained, would be self-support -
lng. It would be advantageous to both coun
tries to cement the trade between Canada
and Great Britain.
Rear Admiral Lord Charles Beresford
told the committee that he did not favor
fostering trade by meana of bounties. Hs
objected to subsidies, but attached the
greatest Importance to Oreat Britain own
ing a mercantile marine containing vessels
of great speed and favored postal subven
tions for the encouragement thereof.
Lord Beresford suggested that the gov
ernment might build twenty-four knot
liners and allow the companies to work
them, the government sharing In the
profits.
The conference of the colonial premiers
today also discussed steamship subsidies
from the double standpoint of the econom
ical carriage of goods and combatting the
subsidies policy of the foreign govern
ments. Nothing of a definite character,
however, was accomplished.
TIDAL WAVE IS NOW FEARED
Likely to Follow tba Recent Severe
Earthquake Shocks la
St. Vlaceat.
KINGSTON, Island of St Vincent July
12. There waa another severe earthquake
here at 1:10 o'clock this morning. It waa
of long duration and was accompanied by a
repetition of tha phenomena of Thursday
last.
Tho shock caused Intense excitement
among the inhabitants, who fled in their
nlghtclothes Into the streets and remained
out of doors until daybreak. Partially de
molished buildings are being pulled down
today for public aafety.
There was a thunderstorm last night. To
day tha weather is very squally and ths sea
is receding. Some people anticipate a tidal
wave.
ST. THOMAS,. XV W,...v July M.-The
earthquake at St Vincent yeste. Jay, ac
cording to advices receivod here today, was
local and appears to have been confined to
within a certain area, with Kingston and
Its vicinity apparently the center.
USING LONGER LADDERS NOW
Barafngr to Death of Nine Girls
Teaches London Plre Depart,
meat a Leeaen,
LONDON, July 22. Tha Metropolitan Are
brigade !a receiving aome hard knocks at
the hands of lawyers engaged In the In
quest upon the victims of the recent fire in
Queen Victoria street, when nine young girls
were Incinerated because the ladders were
too short to reach the fourth story of the
burning building.
Captain Lionel de Lauteur Wells, royal
navy, chief of the fire brigade, who had
been on the stand vigorously defending his
Ore brigade in comparison with others. In
cluding the New York fire department, ridi
culed New York'a eighty-five-foot ladder, of
which ha handed in a photograph saying:
"We had one of those, but we no longer
have anything of the kind."
Captain Wells criticised New York's Ore
department reports, declaring the returns
of last year "did not even Inolude the
deaths at ths Hoboken fire."
ARCHBISHOP F0R MANILA
Vatican Preparing- to Make Appoint.
meat aad Create Philip,
plae Dlooesea.
ROMS, July 22. Besides an apostolic
delegate for the Philippines the Vatican is
preparing to appoint an archbishop of
Manila, who probably will bs Bishop
Sebastian Gebhard Messmer (a ' Swiss),
professor of canon law at the Catholio
university In Washington since 1880.
Ths new Philippine dioceses will also be
created. Governor Taft before starting for
Naples to visit Pompeii and Mount
Vesuvius expressed a desire that tha bishop
of one of the new dioceses be a native
Filipino.
Major Porter has started for farts to
spend a few days there before returning to
Washington.
KING TO HOLD A COUNCIL
His Majesty Well Bnosfk ta Resame
otuo af Hla Official
Datlee.
LONDON, July 12. The weather was less
disagreeable at Cowes. Isle of Wight, this
morning, and the reports from the royal
yacht Victoria and Albert continue to
chronicle King Edward's Improvement. It
is said that he walked a fsw steps yester
day. The king will hold his first council since
A. J. Balfour became premier on board his
yacht ahortly. It is expected that the
name of the new lord lieutenant of Ireland
to succeed Earl Cadogan, whose resigna
tion was announced July IT, will then be
announced.
BOERS ARE, TOJISIT EUROPE
Generals Betha aad Delarey with
Their Secretaries Leave Cape,
tewa ta Make Trip.
PRETORIA, July 21. Oenerals Botha
and Delarey, with their secretaries, left
here yesterday for Capetown enrouta for
Europe.
Oeneral Dewet will accompany them on
tha journey to ths coast. Ths data of
their return from Europe baa sot been
definitely fixed.
DENOUNCE THE GOVERNMENT
Paris Mob Opposes Closing ths Establiib
ffisnt of Utanthorizad Congregations.
FIGHTING ENSUES AND ARRESTS FOLLOW
j rteals Lashed to Fary by the De
"'', -nlaed Way la Which . Gov.
v ' , -axeent Is Carrylaa;
ff Oat the Law.
PARIS, Juv "r the distribution
of prises at a a jelonglng to an un
authorized congrcfc- .On in the Avenue
Parmentler here today violent speeches
were made to the assembled crowds, de
nouncing the government's action In clos
ing the establishment of unauthorised con
gregations. Fighting ensued, the crowds
breaking through the police cordon and
shouting, "Vive la llbertel" Francois
Coppe, the author and poet, who was the
chief speaker. Deputy Le Rolle, Gaston
Merry and the Abbe Partural were ar
rested. MM. Coppee, Lerolle and Merry were
later released. Comte de Mallle, who was
among those taken into custody, waa held
for examination.
Further disturbances and some arrests
have occurred In other places.
The determined wsy the government is
carrying out the law against unauthorized
congregations is lashing the clericals Into
fury, which culminated in today's disorderly
demonstrations In Paris. Similar, though
less violent scenes, accompanied the clos
ing of the schools and the departure of the
teachers at other places'. As a matter of
fact, the clericals are manifestly In a hope
less minority throughout the country.
Many municipal councils throughout
France, including Lyons, Tours, Epernay
and Beauvals, are' voting resolutions ap
proving the government's action, congrat
ulating the ministry upon Its firmness snd
urging It to continue Its defense of civil
society against the encroachments of the
congregations.
The government Is certainly applying the
law with all possible moderation, and with
the country behind It, it will accomplish
it is believed the task undertaken before
Parliament reassembles. The clericals will
doubtless continue their agaltatlon, but the
movement is not likely to lead to any polit
ical result or cause serious disturbances
of publio order. .
WOULD INCREASE TARIFF
Committee of Relchstasr Makes Addi
tions Despite Vleroroas
Opposition.
BERLIN, July 22. During the last sit
tings of the customs tariff committee of the
Reichstag numerous Increases upon the
schedule proposed by the government were
adopted, despite the vigorous opposition of
the Prussian representatives. Furniture,
wood pulp, paving stcnes, brick and cellulose
all had the tarff raised. Count von Posa-dowskt-Wehner,
imperial secretary of state
for the Interior, protesting, said:
Through such Increased duties our com
mercial armor may become heavy forjis to
flwht In it successfully. Th taxKt bfll,
framed after1 long discussion In the federal
council, already conatltutes a compromise
which should not be Imperilled in order to
gratify private wishes and local Interests.
The Lokal Anzelger quotes Count von
Posadowskl-Wehner aa telling the tariff
committee today: "I can say to you, gen
tlemen, that my belief Is our tariff bill will
never pass."
Count Posadowskl made use of the above
expression aa a climax te his speech against
the proposed increases in the tariff. His
declaration has made a tremendoua sensa
tion in political circles, and the ministry,
probably through a desire to modify the
naked statement of Count Posadowskl, pub
lisher a weaker statement of his words.
OFFICER WARNS DE MORES
Is Told af the Danger of the Expedl-
tloa Which Resalted la
Hla Death.
TUNIS, July 22. At the second day of
the trial at Susa of El Khelr and Hamma
Chlekh, charged with the murder of the
Marquis de Mores In 1896, Colonel Rlblllet
was the first witness and the testimony of
General Laroque was read. ' Both officers
declared that they sought to dissuade the
marquis from starting on the expedition
which resulted in his death.
De Mores said to General Laroque: "I
am only risking my own life and that is my
business."
The genera! replied: "But the failure of
your expedition may retard our penetration
into the Sahara for ten or twenty years."
Colonel Reblllet testified that the marquis
promised to take the rokd to Blr-es-Sol, but
he did not keep his word and proceeded in
the direction of Tripoli, be Mores' death,
according to the witness, was due to a false
Idea of the chivalrous character of the
Touregs, wbereaa they were treacherous and
bloodthirsty.
NINETY-SIX ARE MISSING
More Peoplv Perish la Steamboat
Disaster at Hambnrar Thaa
-
First Sapposed.
HAMBURG, July 22. The survivors of
the steamship Primus of Hamburg, which,
with 185 passengers on board, was cut in
two and sunk by the tug Hansa yester
day, say that ninety-six of thoss who were
on board that vessel at the time of the
disaster are missing.
Primus has been partially raised and
brought nearer shore. The total number
of missing is now placed at 101. Sixty
one bodies have been recovered.
Inquiry into the circumstances of the
disaster shows that there Is a great lack
of life-saving appliances on the Elbe ex
curalon steamers. Primus Is known to
have had on board only six life belts
and a single boat. The steamer. Dolphin,
which came up later with 400 passengers.
had only one boat capable of carrying
seven persons.
VANDERBILT LIGHTLY HURT
Millionaire Collides with Market
Wacoa While Driving
Hle Ante.
PARIS, July 22. As W. K. Vanderbllt.
jr., was driving a small automobile along
tha Chartrea road, near St. Arnold, be
hind a larger machine, .today, he collldtid
with a market wagon driven by a woman
and both were upaeu Mr. Vanderbllt waa
slightly injured on the leg and arm and
the woman's fare was acratched. The
automobile was badly damaged. The acci
dent waa due to tbs (act that Mr. Vander
bllt did not see the wagon until too lata
to avert a collision, owing to the dust
LATIMER MYSTERY DEEPENS
Teillmosr at Caroneefe laqaeet Merves
Only to Make Hew York Harder
More Complicated.
NEW YORK, July 12. The coroner's In
quest called to Investigate the shooting of
Albert C. Latimer at his home In Brook
lyn on the morning , of July 2 was re
sumed today. Latimer died In a hospital.
All he told of the shooting waa that he was
shot In bed, and that he did not bellee
It was done by a burglar.
Frank Taylor testified that he had heard
shots on the morning of July 2 and that
someone cried out, "Walter, Walter."
Mrs. Belle Treadwelt testified that a long
time ago Mrs. Latimer said It was "hard
to be tied to a man and see some one else
you really loved." Mrs. Treadwell thought
the remark was made without any refer
ence to Mrs. Latimer herself.
William H. Tuthtll was called. He said
he read that Latimer, when in the hospital,
asked If he (Tuthlll) waa being watched.
He denied that a meeting between him and
Mrs. Latimer In Twenty-third street. New
York, told of by Latimer's sister, was pre
arranged. The matter . was explained to
Latimer and they continued friends. On the
night of the shooting he went to the Clar
endon hotel, called on a young woman
friend, whose name ha would give If re
quired, but then he went home, arriving
there at 11:15.
Later a patrol wagon was sent for him
by Mrs. Latimer and he. went to her home
and did what he could for her. He said
he could not account for Latimer's question:
"Is Tuthlll being watched?" It was true,
be said, that he atayed at the Latimer
bouse two nights after the shooting, but
he did so because none of Latimer's
brothers was sble to remain there,
Hannah Larsen. a servant in the Tuthlll
home, corroborated Tuthill's statement, that
he arrived at his home at 11:15. The wit
ness said she could not describe Tuthill's
clothes.
Ellas Kasendorf, who lived near the Lat
imers, said he heard loud voices from Lat
imer's house Ave minutes before the
shooting. He could see the back yard of
the house where the shooting took place,
and he was sure no one escaped that way.
Mrs. Albert C. Latimer, the woman, was
recalled and asked to describe the man she
said shot her husband. She said the In
truder wore a mask so that she could not
see his fsce, therefore she did not know
the color of his eyes, nor whether he had
a mustache. He was of medium height. He
wore the peaked cap found in the house
after the ahootlng. The hearing went over
until tomorrow.
Latimer's will was filed today. It disposed
of property worth 219,000. With the will
was a codicil written on a prescription
blank while Latimer lay on his deathbed
in St Mary's hospital. This codicil, which
Is Incoherent, reads aa follows:
Codicil: , I desire all of my anion my
children only. A. C. LATIMER.
The original will gave the widow one-
tenth of the property absolutely and the
income of one-third additional for life, the
remainder of the estate. to go to the chil
dren. ... ;
IOWA SENDING. ASSISTANCE
Miner C!rifctt WIh mm m Starter
- iv nviy a Ufa nmmwmvt9
1 Strikers, -
INDIANAPOLIS, July 22. President
Mitchell will leave for Chicago tomorrow
afternoon. He will stay in that city a day
and will then go direct to. Wllkesbarre to
resume active management of the strike.
The national officers attach a great deal
of importance to the resolution reported
by tho committee appointed by the con
vention to draw up an expression In regard
to the recent mine horrors in which so
many of the men lost their lives. In this
resolution attention Is called to the fact
that in several Instances the men have
been aent back to work in mines before
the dead bodies of their friends bad been
removed.
Miners from the Johnstown district.
where the worst horror occurred, have de
clared emphatically that the men had been
sent back to work there without making
an effort to remove all the bodies first.
This afternoon several large contribu
tions for the strike fund were received.
District No. 13 (Iowa) sent $5,000; the
Boilermakers and Iron Shipbuilders' Na
tional union, $546; local -union of mine
workers of Glen Carbon, 111., $500; local
union of Jackson Hill, Ind., $200; district
No. 3, Danville, 111., $100; local union at
Vandercook, 111., $50 and other unions
smaller sums.
Mr. Mitchell says the national officers of
the organisation are considering the ques
tion of accepting the offer of the British
trades union, through their federation, of
financial aid in the strike.
Indianapolis unions met tonight and re
solved to assess members at leaat 1 per
cent per week on their earnings for' the
anthracite strikers. This will amount to
$2,000 per week.
BUSY DAY AT OYSTER BAY
Vanaaally Large Volume of Official
Baalness Demaads President's
Attention.
OY8TER BAY, N. Y., July 22. President
Roosevelt and Assistant Secretary Loeb
disposed of aa unusually large amount of
official business' today. The mall from
Washington was very heavy and contained
several matters of exceptional Importance
demanding the president's attention.
This afternoon Mlas Alice Roosevelt was
ths guest of honor at aa elaborate luncheon
and lawn party given by Miss Helen
Beekman at her country place just east
of Oyster Bay. Fifteen women were in
vited to meet Mtsa Roosevelt.
The president is preparing for hla trip
to Seagirt, N. J., on Thursday. General
Manager Beeler of the New Jersey Central
has placed hla private car "Atlas" at the
disposal of President Roosevelt, and the
train throughout will be of the latest pat
tern of tha car bulldor's art Tha presl-
dentist party will leave the state camp by
special train at about S o'clock, returning
to Atlantio nigblands, where they will em
bark on Mayflower for Oyster Bay.
President Roosevelt has determined upon
tbs following appointments for federal of
ficers at New Orleans, La., and the an
nouncement of them was made at Saga
mors Hill tonight:
Elmer Wood, as naval officer, vice John
Weber, deceased; Henry McCall, as col
lector of customs, vice Augustus I. Wlm
barley, to take effect licit December; R.
B. Kennedy (colored) aa receiver of publio
moneys, vice Charles P. Johnston, te take
effect January 1, 190S.
Frederick 8. Gibba, republican national
committeeman from New York, waa a guest
of the president at luncheon today. At con
siderable length they discussed ths poli
tical situation in New York stats. Mr.
Gtbbs returned by a lata afternoon train
to New York.
REDUCE PHILIPPINE FORCES
In Connection with Irent Secretary loot
Lnnei a Statement.
DISCUSSES NEED OF MILITARY COLLEGES
Sara Every Effort Will Be Made to
Give New Officers Advaatage
of the Schools to Be
Established.
WASHINGTON, D. C. July 22. Secre
tary Root, before leaving Washington today,
issued the following:
With the reduction of the Philippine force
and th withdrawal from Cuba, the army
Is called upon to resume its most Impor
tant work In time or peace, the work of
prefecting Itself In military science and
skill and of promoting the preparation of
the United States against future wars. I
wish to call your attention to matters
which require special effort on your part.
Blnce the declaration of war with Spain
In April, 1898, there have been appointed
In the line of the army 1,542 lieutenants In
addition to 16 appointed from the military
academy. Of these tiki were appointed
from officers of the volunteers; 414 were
appointed from the enlisted men of the
regular and volunteer armies, a,nd were
appointed from civil life.
The abandonment of the military schools
for commissioned oflicers, which followed
the employment of the entire army In ac
tive military operations, has lett these
1,542 new lieutenants substantially without
means of acquiring a systematic military
education. While many ot the former
officer! of volunteers have acquired the
most valuable experience by active service
in tne ntia, yet it is oi ureal importance
to them as well as to the untrained ap
pointees from civil life and from the ranks
that they shall have an opportunity for
broad and thorough training, 1 both prac
tical and theoretical, under the competent
master In the urt of war whom our army Is
able to supply.
Provision for Schools.
Congress has now with wise liberality
made provision for the reopening of the
army schools, has given Its sanction to the
general system of military education em
bodied In the general order of November
27 lust, Including the enlargement and de
velopment of the Fort Leavenworth school
Into a general and staff college; the es
tablishment of the war college at Wash
ington with suitable buildings and the
rebuilding of the engineer school and has
made ample . preparations for these pur
poses. Every effort will be made by the war col
lege board, which has general supervision
and charge of the whole system, to bring
Its advantages to the new officers ot the
army as speedily as possible, and to or
ganize officers' schools at all the consid
erable posts without delay. I ask for
hearty and effective co-operation with
them on the part of every officer of the
army. There are 1,462 graduates of the
military academy now holding commis
sions. They especially have an opportunity
to demonstrate their loyalty to tne prin
ciples of that Institution by helping to
diffuse throughout the service the benefits
which have come to them from their lour
years of hard study.
The newly appointed officers should re
alize that there Is much to be learned, and
that the way to qualify themselves for the
high and Independent command for which
they should all hope Is by constant In
tellectual exercise and by systematic study
of the reasons of military action and the
materials and conditions and difficulties
with which military commanders have to
deal.
Careful attention to the Instruction of
the newly appointed officers Is enjoined
on all regimental troop, battery and com
pany commanders. They ahould be Im
pressed with the Importance of the faith
ful performance of every duty, however
unimportant It may appear to them and
with their responsibility for such conduct
ana Dearing in an tneir relations as snau
do honor to tha servtoe: . . . .
YOUNG AMERICAN IN PERIL
Captared with Band of Flllbasters la
Nicaragua aad Is Likely
to Be Execoted.
WASHINGTON, July 22. The State de
partment has taken active steps to save
the life of Dr. Russell Wilson, a young
Ohio physician, who is held under arrest
at Blueflelds by the Nicaragua military
authorities.
Wilson was a member of a filibustering
party which made a landing near Monkey
Point, about four miles from Blueflelds.
Most ot tbs party were captured owing to
the Inability of the commander of the ex
pedition to land reinforcements on account
of heavy weather, and among the number
was Wilson.
The Nlcaraguan general waa about to ex
ecute him summarily, but was induced by
the pleas of some of the English-speaking
people ot Blueflelds to allow the law to
follow lta course. This meant a trial by
court-martial and it is the understanding
that a death sentence was almost inevitable.
Wilson lives at Milan, O., and Senator
Hanna has interested himself in his case.
Today Acting Secretary Hill telegraphed to
the United State consul at San Juan del
Norte to make an Immediate investigation
and report the facts at once, not only to
the department, but alee to Senator Hanna.
In addition the consul was directed to
use hla offices with the Nlcaraguan author
ities in favor of young Wilson, as Senator
Hanna has represented that he was not a
combatant, but was attached to the revolu
tionary expedition in a medical capacity.
The department, however, has not been
Informed officially of the facts connected
with Wilson's capture and In this case is
acting entirely on Senator Hanna's rep
resentations. '
WESTERN NEWS AT CAPITAL
Several Raral Free Mall Delivery
Roates Established la
Nebraska.
WASHINGTON, July 22. (8peclal Tele
gram.) J. C. Demlng has been appointed
postmaster at Dustln, Holt county, Neb.,
vice J. B. Dennis, resigned.
Rural free delivery service will be es
tablished on September 1 in Nebraska as
follows: Bennett, Lancaster county, one ad
dltlonal route, area covered, tweuty-slx
square miles population, COO; Bennington
Douglas county, one route, area covered.
twenty-eight square miles, population, 430;
Emerald, Lancaster county, ons route, area
covered, twenty-two square miles; popula
tlon; 450; Brock, Nemaha county, one roate,
area, twenty-eight square miles, popula
tion. S00.
The postofflces at Ferry, Mahaska county
Landls, Taylor county, Ia., have beei or
dered discontinued July 21.
CONSCIENCE TROUBLES HIM
Another Tweaty Dollars Added to
Fand at Washlactoa by Oae
Wha Is Sorry,
WASHINGTON. July 22. One ot the most
unusual contributions to the conscience
fund ever chronicled In the history of the
Treasury department was received today.
Bomo possessor of an uneasy conscience
sent to ths department a $20 gold certlflcste
In sections. One part was mailed to tlis
collector ot customs In New York, and
ths other from Jersey City to the Treasury
department. Accompanying thla part of tba
bill waa a letter signed "ConsuientU."
When both pieces of the bill tN re
ceived they were exchanged for a uew 1 20
bill, which has been placed Ia the "con
science fund."
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fair Wednesday;
Thursday Showers and Cooler.
Tentneratar at Omaha Yesterday!
Hoar. Dec. Hoar. Dear.
n a, m ta 1 . m H
II a, ia .t 8 p. m HI
Ta. m AT a p. m......
H a. m,,..,. IH 4 i. m H
O a. m Tt 5 p. m...... Hit
lO a. m TB p. at H-J
It a. m T7 T p. m HI
12 an W p. m T
t U p. at 77
AFTER HENDJERSON'S SCALP
Kntlonal Federation of Millers Will
Attempt to Defeat Iowa Man
for Conarcss.
MINNEAPOLIS, July 22. H. S. Kennedy,
secretary of the National Federation of
Millers, tcn'ght announced that the milling
Interests cf the country are In league to
procure the defeat of Speaker Henderson In
his race for re-election to congress. The
announcement was made prior to Mr. Ken
nedy's departure for Des Moines, to attend
a meeting at which measuree and means to
encompass Speaker Henderson's political
downfall will be discussed.
The resentment of the millers arises from
Speaker Henderson's action In holding up
the London dock clause amendment to
the Harter bill, designed to do away with
what American exporters regard aa unjust
discrimination against United States flour
in the unloading charges at London. Ac
cording to Mr. Kennedy, Representative
Loren Fletcher had practically secured as
surances of the passage of the amendment
and the millers of the country felt cer
tain that tbelr wishes would be carried out
when Speaker Henderson suddenly inter
posed his interference and held up the
measure.
Mr. Kennedy explains that no funds will
be solicited outside of Iowa to prosecute
the campaign against the speaker.
WANT COLLEGE OF HISTORY
Committee on Memorial t'nlveralty at
Mason City Haa Other
Plana.
MINNEAPOLIS. July 22. The Grand
Army ot the Republic committee named
by Commander-in-Chief El Torrance in
connection with the Memorial university
established at Mason City, Ia., by the
American patriotic societies, met here to
day and agreed that besides the colleges
ot medicine and liberal arts to be founded
there should be a college of American
history with a four-year course. It was
announced that the institution would open
September 10 with a good attendance. Tbe
committee included Commander Torrance,
Governor S. R. Van Sent of Minnesota,
Judge J. O. Pierce of Minneapolis, chair
man, and Colonel L. B. Raymond of Iowa.
Captain Sorter, president of the Board ot
Regents, also was present.
F0RAKER SAYS ROOSEVELT
Ohio Senator Says Ko Oae Else Is
Considered for Republican -Candidate.
CINCINNATI,"july 22. SenatoTForaker,
in the course of an interview here today,
was asked: "Are you correctly quoted as
to tbe republican candidate of 1904, namely.
that nobody is seriously thought of except
President Roosevelt?"
"Yes, the statement published is correct.
and the fact Is as there stated. Rooaevelt
is the only man wfio Is seriously thought ot
by the great masses ot the people. There
are a few flickering flames that some am
bltious partisans are trying to fan into a
blaze, but they cannot make them burn
steadily and they will all go out in due
time, extinguished by ths firedamp ot Amer
ican politics."
BOILER MEN ELECT OFFICERS
Association Names St. Louis Man
President and Decides to Meet
Rest In Chattaaooca.
ATLANTIO CITY. N. J. July 22. The
American Boiler Manufacturers' associa
tion of tha United Statea this afternoon
elected the following officers: President,
John O'Brien, St. Louis; secretary, J.
D. Faraaey, Cleveland; treasurer, Joseph
Wangler, St. Louis. Vice president: Rob
ert Monroe, Jr., and Samuel Berger, Co
lumbus, O.; J. M. Robinson, Boston; M
F. Cole, Newman, Ga.j J. F. Casey, Chat
tanooga.
Tbe convention will meet next year at
Chattanooga.
FOUL PLAY JS SUSPECTED
Believed that Soldier Fonad Dead at
Brighton Waa Mnr
dered. DETROIT. July 22. Suspicion of foul
play has been raised in connection with
the death of Private Joseph Desmond ot
the Fourteenth United States infantry,
whose remains were found terribly mangled
on tbe Pare Marquette tracks at Brighton
today, near the rifle practice encampment.
Desmond's home is at Leavenworth, Kan.
Two privates are under arrest at Fort
Wayne, charged with absenting themselves
from tha Brighton camp yesterday without
leave.
TRANSPORT SUMNER ARRIVES
Members of Seventeenth aad "sweaty
Foarth Infantry, with Officers,
Return.
BAN FRANCISCO, July 22. The United
States transport Sumner arrived today from
Manila. It brought mors than 100 cabin
passengers, mostly officers and army faml
lies; 203 enlisted men of the Seventeenth In
fantry and 22t of the Twenty-fourth. There
were two deaths during the voyage. Private
Richard Johnson of tha Twenty-fourth In
fantry died of pneumonia and Sergeant Jobn
Kelly of the Seventeenth infantry, who was
on his way boms to be retired, succumbed
to a general breaking down.
Movements of Oceaa Vessels, Jaly 22.
At New York Arrived: Kron Prlns Wll
t..lm f..... U H n - ITr4erl,H Ha , 1 rna, m
from Bremen; Lombardla, from Genoa and
Naples.
At Queenstown Arrived: Haveiford, from
Philadelphia, for Liverpnol, end proceeded.
At RotterdamArrived: r.yndam, from
New York via Boulogne Bur iter.
At Antwerp Arrivsd: KYlesland, from
New York.
At Liverpool Sailed: Saxonla, for Boston
via Queenatown. Arrived, Taurlc, from
New York.
At Movllle Arrived: Anchnrla. from Ne
York: Mongolian from Montreal.
At Bremen Arrived: Neck.r. from Balti
more; Kaiser WUhelra der Grusse, from
New York.
At Lizard Passed: Pennlanri, from Phil
adelphia, for Antwerp.
At Auckland Arrived: Sonoma, from San
t rsucisuu.
POLICE BOARD AGAIN
Snprama Cocrt Hands Down Still Anothsr
Opinion in tbe Ouo,
MODIFIES JUDGMENT IN LAST ORDER
Hold that Govsrnor'g Duty it to Appoint
Sew Commission.
MATTER SETTLED IS TITLE TO OFFICE
Sei Judicata Dom Not Apply ta Abstract
Pnnciplg of Law.
JUDGE SEDGWICK WRITES THE OPINION
Ararnes that Former Cases Are Ret
Disturbed by Present Decision
Farther Than ta Modify
the Order.
(From a 8taff Correspondent.)
LINCOLN. July 22. tSDec'al i Th ml.
prems court this afternoon handed down
inotner opinion In the Omaha Fire and
F'ollce commission case, this time mod If y
ng the Judgment recently nronounead la
the case of Rcdell against Moore. It la
now held to be ths dutv of the mnttmnr
to appoint a Board of Fire and Police Com
missioners for Omaha. The svllahua and
text of the opinion, which were written by
Judge Sedgwick, follow:
AbstrArt nnpsrlnn nf law mbmm k a
the sub.1rct ot litigation. There must be
real parties and a res In dispute that will
become res judicata when the litigation Is
nrn-i iimird.
The former itu,mln,iuii a . . i .
that certain parties were entitled to hold
the office of fire and police commissioners
of the city of Omaha, under the appoint
ment fit IhA m V ,r and ml I I n ..I I k.
" ' , , ' ' .will, 11, Ktk Lll,,
is not binding on the governor, so as to
i""r"' nis appointment or commlsslonora
jiitn-i wi provisions ot tne act for the
ncorporatlon of metropolitan cities.
Tho rli?ht ft tha n(t., I U ,it.i
to the term in dispute therein is res Judi
cata, but the principle of law announced.
Having open louna erroneous and overruled,
will not be followed.
Text of the Opinion.
The opinion follows:
"After the former opinion In this aiu th.
relator filed what Is bv hi m denominated
a motion for a new trial. Thla being an
original action In this court, relator as
sumed that he was entitled to hi.
form of motion. After argument the court
announced to the parties that the motion
wouia De treated as a motion for a rehear
ing under rule 7 and not as a motion fm
a new trial.
"The reason for thla view Is thst n
trial Is a reconsideration of an Issue of
fact (code, section 214). and In thi. ...
no evldcuco was taken and no Issue ot fact
presented, tbe sole office of the motion is
to point out errors In ths former nnlnlnn
of the court. This Is the nrovlnno nf . mo
tion for a rehearing. The court, after argu
ment, oeing desirous of further considering
the questions presented, both nrti
allowed time to 01a further briefs, and the
was sunmutea as upon argument
aner renearlng is allowed. .v
"The power of the lealalatnra tn tm.. r
upon the governor the duty of appointing
the Board of Fire and Police Commis
sioners for the city of Omaha was de
clared In Redell vs. Moorea. 1 v.h ...
ruling State vs. Moores. This question had
not been discussed In tbe present pro- '
ceedlng, both parties regarding the matter
as settled. Upon the former h.rin. ,.-
was much discussion upon the question
wnetner tne general rule as to tbe conclu
siveness of judgments can be applied to
sovereign states while acting in govern
mental capacity, and in the opinion, State
vs. Savage, It is said:
The state In thA D.arnl.. M i . -
. ...w . . v ... J 1 in M V ( V T! I 1 1
menta.1 f I nnMnna 1 a nnt K 1 1 1 . . .
- ----- Munncu iu invoke
the aid of the courts In any case, but when
v , .i. iuiiin me cnaracter or an
ordinary suitor and Is bound bv .if-
lmposed restraints. It claims no advantage
over its adversary, and though one Is a
sovereign and the other a cltlsen. they
stand equal before the law. 7
Doctrine of Res Jadlcata.
Upon the present hearine- tha
ot the rule in this case has been much dis- -.
cussed. The doctrine of res lur!lrt r
qulrea that when a thlna Is determine h.
a court of competent Jurisdiction the parties
to tnst litigation shall not be allowed In
any other cause to retry tha matter. The
rule Is of universal application. No proper
party to litigation, whether sovereign or
subject. Is exempt from its control. To ap
ply tne ruis it is necessary first to ascer
tain what lssuos were determined In th.
former litigation. It Is said by respondents'
attorney in tbelr brief:
In tha Moorea case the parties based
their respective claims wholly upon the
source from which they were derived.
There waa no common source; they came
iiiivitBn v-m,iviy unierem sources. While
the officers for a limited term, a determi
nation of that question necessarily In
volved a determination aa to the location
of the appointing power. A determination
... m n.i-c.r.i j( imperative
and unavoidable. A decision of the caaa
cuum noi d reacnea witnoui nrst deriding
mat question, wnen tnat was determined
the whole case waa determined. That waa
whom was tha appointing powerT In the
governor or the mayor? That was the
only queatlon submitted to the court and
uw vui quuuu aifusa or aeciuou.
Point ta Former Oaaee.
"Thla la a very plausible statement of a
point Insisted upon, but Is It entirely
sound! It waa undoubtedly necessary to
'determine the location ot the appointing
power, but was that tbe thing (res) in
litigation, the substantive matter that the
respective parties were contending for. or
was It a proposition of law called la to
assist la determining the right ot ths re
spective parties to the thing la contro
versy! That action was begun on tbs re
lation of the attorney general against J.
H. Peabody et al, who were appointed by
the governor. They answered, setting up
their appointments as members ot ths
Board ot Firs and Police Commissioners
for the city of Omaha. Peter W. Blrk
hauser et al, upon their application, ware
allowed, to intervene, settlug up their right
to the office by virtue of aa appointment
from the mayor and council of tbe city.
Each party demurred to the pleadloga of
the other and the question presentsd waa,
which party under the law Is entitled to
hold ths office, the respondents for the
term for which they had been appointed
by the governor, or the Intervsoora for
the term tor which they had been ap
pointed by the mayor and council T Tbe
object of the attorney general undoubtedly
waa to obtain from this court a construc
tion of the law that is, to asoertaln
whether under tbe law the governor should
appoint, or the duty devolved upon tbe
city authorities. That was ths question
srgued by counsel and decided by the
court. . But was It in tbs legal sense tbe
subject matter of tha litigation f It seems
clearly not. If the queatlon bad been pre
sented to tbs court aa the thing to be
litigated. It would not have entertained
1U The relator weald have been teld that