The Omaha Daily Bee.
ESTAHLIHIIEl) .1UNE 1871.
OMAHA, MONDAY MORNING, SEPTEMKEK 22, 1902.
SINGLE COPY THREE CENTS.
WITH DYING SOLDIER
looeeTtlt Spends Half Honr at BscMde
of Spanish War Veterai.
DAY AT DETROIT OTHERWISE UNEVENTFUL
Church Services, a chert Drive and a Dimer
Oeniamt Hit Time.
GENERAL ALGER CHIEF ENTERTAINER
Farmer Secretarr of War Doee the Honeri
with Major1! Aid.
PRESIDENT WILL BE VERY BUSY TODAY
Makes Two Addrfnari to Yoani Vrti
and Rrrltna Their Parade Will
Kind Time Also for Rlda
on Steamboat.
DETROIT. 8ept. 21. For the second time
1a its history Detroit la entertaining the
chief executive of the nation. President
Rooaevelt arrived at 8 o'clock this morning
over the Michigan Central railroad and
found Detroit awaiting his arrival in gala
attire. Flags were flying, the city waa
bright vlth bunting and pictures of the
president greeted the eye at every turn.
Throughout the day crowds lined the
treeta about Hotel Cadillac anxious for a
glimpse at the chief magistrate and his
appearance waa always the signal for en
thualastlc cheering. The weather was all
that could be desired, being bright and
warm, with a pleasant breeze stirring.
It was a restful day for the president,
although his time was completely occupied
by the program mapped out for him by
the local arrangements committee. Im
mediately on his arrival he was driven to
his apartments at Hotel Cadillac. At 10:30
o'clock he attended services at the Fort
Street Presbyterlau church, driving from
there to Oeneral R. A. Alger's residence,
where he was entertained at luncheon. He
returned to the Cadillac soon after 3
o'clock, only to leave again In a short time
lor a drive about the city. During the
drive he called at St. Mary's hospital, on
8t. Antolne street, where Thomas K.
Doherty, a local veteran of the Spanish
war. Is dying of consumption. Doherty
had expressed a wish to see the president
and Oeneral Alger learned of It. Accord
ingly at luncheon today President Rooaevelt
waa asked It he would call on Doherty at
the hospital. The president answered he
would be delighted to do so. Doherty la
unable to sit up and the president re
mained at his bedside for some minutes,
chatting with him and expressing words
of cheer and hope. Then the president
dined at the Cadillac with a party of
trlends.
Reception nt Station.
Chen President Roosevelt'a special train
arrived this morning the groat crowd on the
platform and in the station cheered lustily.
Th reoepUon.cpmmU.tecimpose4 of Gov
ernor A. T. Bliss, -Ireaeral R. A. Alger,
former secretary of war; Mayor William C.
Maybury, Congressman John D. Corliss, Hon.
William E. Qulncy, former minister to The
Hague; Judges Donovan, Brooke and Roh
nert, D. M. Ferry, George H. Barbour and
a delegation from the Spanish war veterans
headed by Oeneral Prell of Washington.
General Harold McOrew of Indianapolis and
Captain George T. Oaston of thla city.
marched down the platform to the steps of
President Roosevelt's car. Mayor Maybury
and Oeneral 'Alger entered the car and
greeted the president. In a few moments
the president, accompanied by Secretary
Cortelyou, stepped down from the car and
the members were presented to the chief
magistrate. At a brisk walk, with the pres
ident and Mayor Maybury leading, the party
then started down the platform for the sta
tion entrance'. A train that had arrived
lust a few minutes ahead of the presiden
tial stood on an adjoining track and Its
platforms were crowded with people anxious
(or a glimpse of tha president. To the
Cheering which greeted htm the president
responded repeatedly with a smile and a
wave of his hat. Aa the party reached the
tnglns of the presidential train President
Roosevelt stopped. He stepped over to
where Engineer James Thomas and Fire
man John M ester hung out of the cab win
flow and gave to hand of each a hearty
grasp.
Naval Reserve Are Ont.
The Detroit battalion of the Michigan
aaval reserves, with whom the president
made a cruise on the lakes while he was
assistant secretary of the navy, stood at
present arms on Third street as the pres
ident emerged from the depot. Bowing to
the crowd that cheered hlra to the echo,
President Roosevelt entered his carriage,
accompanied by Secretary Cortelyou, Cen
tral Alger and Mayor Maybury. After the
Other members of the presidential party
bad found their carriages the naval re
serves wheeled Into line and with a squad
Of mounted police at the head the party
Started up Third street. Despite the com
paratively early hour ths atreets were lined
with people and the president was greeted
irlth a auccesslon of cheers throughout his
rlda to Hotel Cadillac. At the hotel en
trance the naval reserves again formed in
battalion front and atood at present arms
is the president alighted from his carriage
tt the Washington avenue entrance. Be
fore entering the hotel President Roose
relt walked arross the street and compli
mented Captain Blandish on the appearance
f his men and aaktd him to thank them In
bis behalf for turning cut In his honor.
Oolng to his rooms on the second floor
of the hotel the president received the
reception committee and local newspaper
men and
then was left to prepare for
church.
Paatur Has Fall rinarreeratloa.
At 10:20 he left the hotel for the Fort
Etreet Presbyterian church, accompanied
by Oeueral Alger, Secretary Cortelyou and
Mayor Maybury. The party stopped at
Oeneral Alger's residence on Fort street,
where Mrs. Alger Joined them. It waa but
a moment's drive to the church, which
was crowded to Its utmost capacity. The
president oacupled General Alger's pew
with the general and Mrs. Alger and Sec
retary Cortelyou. The church was beau
tifully decorated with flowers and the pul
pit waa hung with American flags.
The subject of Rev. E. H. Penre'a ser
mon was "A Threefold Oospel" and his
text waa from I Thessulonlans, II., I.
During ths services the president's favor
ite hymn, "Ood Guard Columbia," was
lung.
At tha conclusion of the church serv
ice ths president drove to Oeneral Alger's
residence, where he was entertained at
luccheon. Oovernor mits. Mayor May
bury and General 11. M. Duffleld were tho
only guests aside front the members of
General Alger's family. It was after 3
'clock when the president and Secretary
(Continued en Second Pag a)
KING LEOPOLDREACHES SPA
Other Members nt Royal Family to
Conic from Ilrnssels Today
for Haeen'a Mum.
SPA, Belgium, Srpt. 21. A requteum
mats for the late queen of the Belgians, at
which the bishop of Liege will officiate, will
be celebrated here tomorr- Special
trains will be run for the t, ''''"i from
Brussels to bring members y -oyal
family, who, after the mass, wtt. ff-"
the body of the late queen back
capital. King Leopold arrived here
day.
BRUSSELS, Sept 21. A dispatch to the
Patrloie trcm Spa says that when King
Leopold arrived there he refused to speak
to the Princess Stephanie, and compelled
her to leave the royal palace. The princess
consequently left Spa suddenly. She rode
to the station In a hired carriage and amid
demonstrations of sympathy from the peo
ple took a train for Brussels.
By Queen Marie Henrtette's own desire,
her body will not be embalmed and an amu
let, a gift of her son, now dead, which she
always wore, will not be removed.
There are various versions of the quar
rel at Spa between King Leopold and
Princess Stephanie, his daughter, the most
reliable of which Is to the effect that the
princess was In the death chamber when
his majesty arrived at the palace. He re
fused to enter until she had left the room.
Princess Clementine, the king's third
daughter, came and took Princess Stephanie
away. King Leopold then entered the death
chamber and prayed before the coffin for
twenty-five minutes. The news of the
quarrel between the king and princess
spread rapidly. It Is announced that King
Leopold will return to France next Sunday
after the funeral.
Princess Stephanie Is the second daugh
ter of the late Queen Marie Heniiette and
King Leopold. She married tha only son
of the emperor of Austria In 1881 and wss
left a widow In 1889. She was married the
second time in 1900 to Elmer, count of
Lonay. This marriage was against the
wishes of King Leopold who refused to
permit It to be legalized. He baa been very
bitter against his daughter and courts
friendly to that of Belgium have declined to
receive the princess.
DISCOUNTS PELLETIER'S TALK
Premier Combe Impllea that the Bel
licose Gentleman Is Not to
' Be Taken Seriously.
PARIS, Sept. -21. At a political banquet
given at Matha, Department of Charente
Iufeileute, tuuuf rruler Combes at
tempted to efface the damage of the re
cent Indiscreet utterances of M. Pelletler
and Oeneral Andre. After saying the gov
ernment's religious policy had not violated
the Concordat, which the cabinet re
spected, M. Combes protested against the
action of his political opponents, who, ha
said, animated by a desire to beamtrch the
government's foreign policy, had selx.ed
upon the remarks of individual ministers,
delivered by them In the fervor of extem
porary after dinner oratory, and not al
ways correctly reported, t and had used
them as government utterances. The pre
mier contended that such individual state
ments could not Involve the responsibility
of the government, which, under the par
liamentary system, could only be Involved
by the premier, who alone was responsible
to the chambers and the country. In tha
matter of foreign policy, said M. Combes,
only the minister of foreign affairs Is en
titled to speak and act In the name of the
government. In conclusion the premier
summarized France's foreign policy as a
desire to strengthen the existing, good re
lations with foreign countries, find he re
Iterated that there had been no change In
the government'a policy since the day he
assumed office.
The premier's speech was received with
prolonged and enthusiastic cheers.
GENERAL B00THC0MES SOON
London Salvationists Send Hint on Ills
Journey ' with Greetlnara to
American Comrades.
LONDON, Sept. 21. Oeneral Booth con
ducted three farewell services at the Clap
ton Congress hall tonight. Three thou
sand Salvationists bade tha general god
speed at the evening service, when he ex
pressed a decision to convey messages of
affectionate regard from them to Canada
and the United States, The general asked
those present to send a message that their
American brethren, with the people of
Oreat Britain, might stand up before the
world as friends of the human family, and
that these great nation should work shoul
der to shoulder for the peace and happi
ness of the world. A mighty shout of
"Amen" and a forest of waving hands
greeted Oeneral Booth's words.
COLONIES MUST PAY FOR WAR
Mlalna- Profits to Bo Taxed Ten Pes
Cent More Than by the
Boera.
LONDON, Sept. 22. The Dally Mall tays
the government has decided that the new
South African colonies are to be required
to pay $500,000,000 toward the cost of the
South African war. The colonies are, how
ever, to be allowed ample time to make this
payment. H will not be collected until the
extension of trade and expansion of rev
enue permit. Consequently the loan will
not be floated for two or three years. Min
ing profits will probably be taxed 10 per
cent more than before the war and money
will also be obtained by granting all kinds
of. concessions and mineral rights.
SAY NO TO HAY'S APPEAL
Austria and Hauls Reported to Be
l awllllnaT to Act In Behalf of
Roumanian Jews.
LONDON. Sept. 21. Cabling from Vienna,
the correspondent of the Dally Chronicle
says be learns that neither Austria nor
Russia Is willing to support the appeal
made by the Vnlted Statea in behalf of the
Jews in Roumanla. It Is admitted, says the
correspondent, that the treatment of Jews
infringes the treaty of Berlin of 1878, but
It Is one of many Instances of Infringement
without the powers protesting.
YELLOW DEVILS STILL BUSY
Bhaaahal Correspondent Reports that
Bosera Mast Sot Be ('ousld-
ered as Subdued.
LONDON. Sept. 21. In a dispatch from
Shanghai the correspondent of the Stand
ard declarea that BoxerUm In Stchuen has
not been subdued The premises of the
China Inland mission and Met Yau have
heen destroyed, but no Uvea lot. The
Boxers are threatening three cities Tan j
uena nucg I en sua ivai nog cu
HENDERSON IN THE HOUSE
Haw the 8peaier Haa Cenducted Affairs of
Hit Exalted Office.
WORKS HARD AND TRIES TO BE FAIR
Political Influence and Social I'o
Alike Impotent to Sway Him In
Discharge of His Duty
aa Speaker,
om a Staff Correspondent.)
VV .INOTON, Sept. 21. (Special.) The
recent declaration of David B. Henderson
that he would not be a candidate for con
gress, outside of the great shock It gave
the political world irrespective of party, has
aroused Intense interest In the speakership
of the house and the possibilities of the
many men who are named aa candidates for
this high office.
Considering the prominence of the posi
tion and the immense power which It It
acknowledged Is wielded by Its occupant. It
Is a somewhat remarkable fact that so lit
tle is known concerning the methods em
ployed by Oeneral Henderson In the trans
action of public business as speaker of the
house. This Is doubtless largely due to the
fact that at the very outset of his career as
speaker Mr. Henderson substantially sev
ered his relations with the press, repre
sented by correspondents at the national
capital. As chairman of the committee on
judiciary and as a member of the bouse, Mr.
Henderson had always been very popular
with the newspaper correspondents. He told
a good story, sang a good song (preferably
Scotch) and could hold bis own at the table
with anyone distancing quite a number.
But when he was selected by his party to
preside over the deliberations of the house
Mr. Henderson took the ground that should
he speak for publication of matters pending
before the house It would appear that he
was attempting to Influence legislation and
his words might be given a greater import
oftentimes, perhaps, than they deserved.
Consequently he withdrew from publicity
as much as possible and his Influence on
legislation since then has been referred to
only at Intervals, as was the case with
the Cuban reciprocity bill, and his attitude
has often been the subject of misrepresenta
tion. Hla Own Expression.
Three years ago Mr. Henderson returned
to Washington from Atlantic City, where he
had been laboring with his colleagues on
the house committee engaged In drafting
the gold standard bill and In a conversation
outlined the attitude which he proposed to
assume a speakei vl ILe Luimw, LrieCy
as follows:
"It has been my ambition," he said, "to
round out my congressional career by serv
ing a term or two as presiding officer of
the house of representatives. I have no de
sire to reign as a cirar or to undertake to
control and direct legislation In the house.
If I am elected I expect to preside over
the house In aa fair and impartial a man
ner aa possible."
And nothing has developed since Mr. Hen
derson assumed the position which he still
occupies to Indicate that his Intentions bar
been changed since he became speaker. The
accusation has been made many times and
will doubtless be repeated that ho has un
dertaken to play the role of a dictator and
to control eveiy matter that comes before
the house and he has often been credited
with Interference which he had never con
templated. The crlgln of such Impressions may be
traced to the lack of proper understand
ing of his method of transacting the busi
ness of the house. The complaints which
have been made against the Reed rules,
under which the Bouse Is now operating,
are nothing new. They are repeated In
each congress, yot each new congress since
the rules were first promulgated haa re
adopted them for Its own guidance an 1
each speaker has been Invested with the
power he holds by the deliberate and will
ful action of the house. The rule most
complained of Is the one conferring upon
the speaker the sole right to recognize
members who wish to call up bills In th
morning hour. Should the speaker desire
to recognize him he does so, and If not the
member might shout himself hoarse and
wave his hands frantically In the air, ami
as far as he was concerned the speaker
would be blind and deaf.
Improved on Reed's Method.
Fault has been found with Speaker Hen
derson for changing the methods of his
predecessor, Mr. Reed, but It Is possible
that the comparison of the two methods
would show that the present is less ob
jectionable than the old. During Mr.
Reed's regime It was customary for the
members, as permitted by the rules, which
rules are still In force, to rise In their
places and demand recognition. They did
not, however, confine themselves to their
seats in the house, but rushed to the front
of the speaker's desk and ranged them
selves In a semi-circle, very much after
the fashion of a pack of wolves who had
backed a man up against a tree, and there
shouted for recognition. Mr. Reed would
recognize first one and then the other, ap
portioning his recognition between the re
publican and democratic side of the cham
ber, so as to give an almost equal num
ber to each side. Aa Mr. Henderson con
ducts the business of the house the mem
bers arise In their seats and ask for rec
ognltlon, which Is given them according
to a program arranged before the bouse
meets. In Mr. Reed's time he recognized
only those who had seen him before the
house met and whom he wished to recog
nlze. The same Is now true of Mr. Hen
derson, so that the only real difference be
tween the methods employed by these two
speakers Is that Mr. Reed permitted the
members to go through the farce of stand
Ing about the desk and clamoring for rec
ognition which Mr. Henderson abolished
with the result that there Is now no die
order whatever. The theory remains the
same, that before obtaining recognition
the member must see the speaker and sub
mit his bill for his consideration.
Privileged Bills.
As a matter of fact there are really
very few bills which require recognition
from the speaker. All bills from the com
mlttee on ways and means and the com
mlttee on appropriations are privileged
Appropriation bills from other committees
are privileged. The committees on pen
slons, claims and war claims, which com
mittees handle by far the greater part o
the private bills introduced, have their
own days under the rules when they are
privileged to call up any bills the com it
tee desires. The District of Columbia
committee has Its day. Other bills are
taken up under special rules reported from
the committee on rules, so that there are
comparatively few bills that can come up
through no other channel than recognl
tton by the aptsker.
Mr. Henderson determine! whom he shall
recognize by requiring that the member
shall explain to him the reason why th
bill should pass. He also takes the report
SHELDON TO RUN WITH 0DELL
ew York Republicans Asrree on ( in.
dldate for Lieutenant Governor,
and All Is Peace.
SARATOGA, N. T., Sept. 21. Not In many
years has there been, two nights prior to
yhe assembly of a New York state repub
lican convention, such placidity as exists
tonight Undoubtedly this Is because by
far the majority of the selections for the
state ticket have been practically agreed
upon. Oovernor Odell will, of course, be re
nominated. The contest for lieutenant gov
ernor practically ended tonight when tt was
announced that the delegations from New
York, Westchester and Erie counties had
decided to go Into the convention pledged
for Oeorge R. Sheldon.
There Is little or no platform talk tonight.
The planks on trusts, the tariff and canals
are the only ones that cause any discussion,
the tax question having been generally out
lined in the sprthes of Oovernor Odell.
There has not as yet been anything; de
cided on the trust plank except that while
condemning certain combinations of capital
thtre will be no appeal to congress for dras
tic legislation. This Is on the statement of
Mr. Piatt, who stated the platform was not
complete.
On the tariff question the Indications are
that a very definite stab will be taken
against revision on the grcund that the ben
efit to be gained will be Infinitesimal aa
compared with the Injury that will be done
American Industries and American work
Ingmen by an opening of the question of re
vision. Nearly all the party leaders are here. A
great deal of the detail cf the convention
has been arranged. Lemuel K. Quigg, who
is to be temporary chairman, and Senator
Ellsworth, who Is to be permanent chair
man, will not be here bef' re morning, and
Edward Lauterbacb, who If aald to be fram
ing the platform, is not b r.
Oovernor Odell will be p tt In nomination
by former Senator Clarent e Lexow of Ny
ack. Mr. Sheldon will b nominated for
lieutenant governor by Senior Depew, and
Assistant Secretary of Sts-e David J. Hill
111 nominate Judge Werr.r for the court
of appeals. N. N. Stranalian, collector of
the port of New York, said tonight that the
plank In the platform em orslng President
Roosevelt's administration and nomination
to succeed himself la at strong as the
friends of the president ra 1 wish.
Governor Odell sent wcrd here tonight
that he positively would n. t come to Sara
toga during the convention. It had been
lanned that he should c me on Wednes
day, the last day of the convention, so that
e might be the personal recipient of the
omlnatlon. He says In positive terms
that he believes It would la undignified for
he gnvBrnor cf New Yen to attend tho
convention for any purpose.
SHAW SPEAKS REASSURINGLY
Declares that There la Reullr - No
Occasion for Any A ixlety Over
Financial Mi ters.
CHICAGO, Sept. 21. f .'Vetary of the
Treasury Leslie M. Shaw f-as Interviewed
tonight In regard to a re '"it that the abo
lition of the sub-treasury lha been under
consideration.
"The secretary of the treasury is the
only cabinet officer who reports directly to
congress," said Mr. Shaw. "I am empow
ered to make whatever recommendations
I may deem advisable, and my forthcom
ing repon may contain certain recom
mendations which I deem necessary for the
public welfare. Should I say what those
recommendations would be congress might
decline to adopt them.
Abolition of the sub-treasuries." con
tlnued the secretary, "would release $83.-
000,000 at the present time. The re
malnder of the $218,774,500 In the treas
uries at the last report Is In circulation
now. vie nave sought to deposit the
money as rapidly as possible and avoid a
contraction of the market."
'What Is to be done before congress con
venes?"
'I do not know that anythln will he
aone.
'By the anticipation of the October In
terest you have acknowledged the neces
sity for some action, and the high rate of
interest prevailing In New York Is fur
ther reason for action, Is It not?"
Well, we have put considerable monev
In circulation through the banks and I do
not anticipate any danger. The Davment
of the October interest, of course, broucht
ooie reuer. 1 nere is no occasion for any
anxiety. What congress will do when It
meets to relieve a contingency that is con
stantly recurring Is something I cannot
foretell. '
GENERAL BATES PUNISHES
Reduces a Noncommissioned rm....
and Imprisons Eight Privates
for Various Offenses.
CHICAGO, Sept. 21. One non-commis
sioned officer Is reduced to the ranks and
eight privates are dismissed from the
United States army and sentenced to terms
In military prisons for various offenses In
an order Issued by Major General Bates.
acting commander-ln-cblef of tha Depart
ment of the Lakes.
The officer reduced Is Corporal Everett
Scales, Company A, Fourteenth Infantry,
who waa found rullty of assault with In-
tent to do serious bodily harm. In addi
tion he will be required to forfeit $10 a
month of his pay for nine months and
serve the same period at hard labor In
the prison at Fort Bradly, Mich.
The soldiers discharged are: James J.
McGuIre, Forty-seventh company. Coast ar
tillery, desertion; Frank A. Rautenberg,
Company B. Twenty-ninth Infantry, deser
tion: Edward Norton, Second company,
Coast artillery, desertion; Louis E. Bouch
ard, Company L, Third engineers, deser
tion; Aria O. Tonslng, Company E, Four
teenth Infantry, desertion; Harry Pulver,
Company K, Third Infantry, larceny; Har
vey Hohler, Troop M, Thirteenth cavalry,
desertion; Earl C. Hall, Company H, Four
teenth Infantry, desertion.
KOCH WOULD COME"gLADLY
Accepts Invitation to Tuberculosis
Congress oa Condition that Ger
man Government Takes Part.
ATLANTA, Ga.. Sept. 21. Dr. George
Brown of this city, secretary of the Amer
ican Tuberculosis congress, has received
the following letter from Dr. R. Koch, the
eminent German specialist, in reply to an
invitation asking Dr. Koch to bs In at
tendance upon the American Congress of
Tuberculosis to be held In St. Louis In
1904:
"Esteemed Sir: I have just received
your letter, and I hasten to inform you
that in case tne German government will
officially take part In the congress of tu
berculosis In St. Louis In l'04. appointing
me as a delegate, I would gladly corns. In
this case I would also with pleasure ac
cept the nomination as vice president.
Ibigoed) . -SU KOCU."
POINTS IN THE TAX CASE
Abstract of the Opinion Written by Judj e
Heloomb Dsaying Writ.
QUESTION AS TO RIGHTS OF THE CITY
I ntformlty of Assessment Mot Secnreil
Indrr Present Method of Fixing
Value of Local Property
and Railroads.
(From a Staff Correspondent.)
LINCOLN, Sept. 21. (Special.) Follow
ing Is an abstract of the opinion of Judge
Holcomb In the case of The Bee Building
Company against the State Board of Equali
zation: The dominant Idea of the organic law
Is that neeatul revenues fur statu and mu
nicipal government shall be raised by levy
ing a tax on property by valuation in such
manner as that every owner ot property
subject to taxation shall pay taxes In
proportion to the value of the proierty
owned. The word property la used as a
generic term and In its broad and compre
hensive sense, anil comprehends), no doubt,
ail Intangible property of whatsoever kind.
Including franchises, although to latter is
expressly speiilied, as well as VUuacal or
tangible property.
In determining the value of property for
assessment purposes, e cannot take Into
account, the large amount ot property tnai
annually escapes taxation. 1 he only sate
and satisfactory rule, as we view the sub
ject, Is by a comparison ot values of prop
erty actually returned and listed for t:ixa-
1011 and tiieretrom ascertain the standard
ot valuation at which property Is assessed
and thus conform to the constitutional
rule ot uniformity, 'the oblect of the law
of uniformity Is reached If all property
wunin mat taxing Jurisdiction .u assessed
at a uniform standard of value, as com
pared with Its actual market value, even
though there be great disparity between
values, as assessed for taxes and the value
as tlxed In the open markets by barter,
exchanges or by buying and selling. It
would oe unfair to the railroad corpora
tions to assess their property at a greater
valuation than that which prevails nen-
erally and it would be unjust to the great
body ot taxpayers were the values for
assessment purposes of the railroad com
panies so disproportionately low as to per
mit mem to escape tneir just and tair
proportion of the taxes needful for the
public revenue.
in the first return by respondents It was
admitted that they had not assessed the
rrancnises or tne dirrerent corporations
whose properties It waa their duty to as
sers for the reason that they did not be
lieve they were possessed with the au
thority and power to assess such fran
chises. In their amended return they al
lege In detail what action was taken and
from these allegations In the amended
answer and the evidence adduced, ask us
10 conciutie, as a matter or law, mat tne
franchises of the different corporations
were considered, valued and actually as
sessed with the tangible property all as
a unit.
Intent of the I .aw.
It Is nhvlnim the lelalotlve intendment
was to have all the tangible property of
all corporations other than railroad, tele
graph and sleeping and dining car com
panies assessed as other tangible property
and that the value of the remainder or In
tangible property was to be ascertained by
finding the value of Its entire property as
represented by Its capital stock and then,
by deducting the value of the tangible
property, Its Intangible, or that which was
represented by its franchise rights, should
be assessed as a separate and distinct Item.
It Is contended that this applies also to
railroad corporations, but this cannot be
upheld. The legislature has provided an
other and different method for these cor
porations. Had It Intended that this
method should be followed In tho cae of
ruliroad and kindred corporations It would
110 doubt have expressed Itself so In apt
terms. The capital stock of such corpora
tions usually represents property and as
sets situated In many different states and
In several taxing Jurisdictions and to com
ply literally with the provisions In this
state would be utterly Impracticable and
Impossible.
In the assessment of such properties the
main object to be accomplished Is to tlx
the valuation with reference to uniformity
as regards assessments generally. In de
termining this value It Is the duty of the
board to consider all factors having the
elements of property and which enter Into
and form a part of the total property nnd
assets. Whether the property be tangible
or Intangible or a valuable privilege or
contract right which enhances the value
of the corporate estate and adds to ita
Income earning capacity. It should be con
sidered and taken Into account by the
assessing board.
Regarding the subject of uniformity of
assessment. It may be said that no fixed
or Inflexible rule can be laid down. A valid
assessment can result only In the exerrtee
of an honest Judgment. Much of the prop
erty of railroad companies Is of such a
nature and so situated that In the ascer
tainment of its value the ordinary methods
as applied to property generally la of no
practical benefit. A railroad right-of-way,
roadbed, ties, Irons, etc., required for the
necessary and successful operation of tha
road and the conduct of the business are
of such a character that It would be diffi
cult indeed to say what Its market value
Is, determined alone by the consideration
of what It would bring In cash If exposed
to public sale. Such a property cannot be
separated Into broken parts, as It may be
located and used In different taxing Juris
dictions. The property can have but one
true valve, whatever may be the purpose
of the Investigation.
Rule for Valuation.
Whether It be for the purpose of fixing
reasonable rates for the transportation of
passengers and freight or for the purposn
of taxation, the rule to be applied should
be the same If the railroads Insist that
their property Is ct a certain value for the
purpose of determining what are reasonable
maximum charges for traffic, they have no
ground of complaint if the same property
Is assessed at the same value for taxation
purposes. In the maximum freight rate
case from this state Mr. Justice Brewer
said that the basis of all calculations must
rbe the fair value of the property being used
by it ror tne convenience or tne public.
What the company Is entitled to ask is a
fair return upon the value of that which
It employs for the public convenience.
As to the Inclusion of the value of stocks
and bonds. It Is Insisted and not without
merit that these are at times and in many
Instances more or ! ss fictitious, occasioned
by abnormal conditions and frequently re
sult from manipulations on boards of trade
and In the stock markets. While conceding
that market value may not always furnish
the best evidence or the exclusive criterion
of the value of the corporate property. It
cannot be gainsaid that the amount and
value of such stoc ks and bonds, If not sub
ject to extraneous Influences, would very
generally. If not uniformly, be a most Im
portant factor In the determination of the
value of the corporate property which they
represent.
We do not wish to be understood as sav
ing that a valid assessment may not be
made without resorting to tne method lust
discussed. There are no doubt other ave
nues of Information and other factors
proier to be considered and when so con
sidered cannot be treated aa a nullity nor
can the deduction that property has been
omitted which It Is the duty of the board
to assess properly be made. e nave seen
that the property should be assessed as a
unit and If In making such assessment the
board omitted no property which It was
required to assess we cannot Issue a writ
requiring them to do that which they have
already done, even though the court be of
the opinion that the method adopted Is not
the one best calculated to produce more
nearly the most accurate result.
Deductions from Testimony.
If the board acted honestly, If It assessed
the Intangible with the tangible, if the al
legations In the amended return are sus
tained by the evidence, then such return
la conclusive and a peremptory writ of
mandamus cannot Issue. It Is fairly to be
deduced from the testimony that the board
acted largely on the prior assessments
without entering Into any very extended
and exhaustive investigation on its own
behalf. The only lnlrtuie deducible frum
the evtdeiue Is that th.' board s valuation
was that which it has used and by reason
nf Ita use as iroven by the fact that had
It considered only the physical value of
the property, there would be m sui h dis
crepancies as apar in the valuations of
main lines and branches.
The relator arg'ie that while the value
f all railroad proprtl.- In the stale has
Increased at a very great rule In rer nt
Year, the stocks almost doubling lu value
the value foi taxation per poses la lub-
(Contlaucd oa Second Fags.)
CONDITION 0FJTHE WEATHER
Forecast for Nebraska Fair Monday,
Warmer In Western portion and Cooler
In Kastern Portion; Tuesday Fair and
Warmer.
Temperature at Omaha Vesterdnyi
llnnr. Ieir. llonr. le.
ft a. m I2 1 p. m n
II a. tn 112 It p. in
T a. ni 1'J a p. m tt
N a. m tfcl 4 p. ni M
l a. tn U ft p. m MT
lit a. m Ill II p. m tut
11 a. m H.t T p. m
12 tn lift H p. in i'l
f p. ni Mil
OMAHA'S HK.D I.KTTKR DATES.
September at Ak-9nr-Ien Street Fair
opens.
September 27 President Roosevelt
Reviews K.lert rlesl Pageant.
October I Ak-Snr-Urn Dnyllaht Pa
rade, October 2 Ak-Sr-Hen Electrical Pa
rade. October 8 Ak-Ssr-Ilen Royal Court
Hall.
October 4 Ak-Ssr-llen Street Fair
closes.
BALL0U SHIFTS THE BLAME
Prisoner Pertares that He Was Not
Responsible fur Blrmluatham
Catastrophe,
BIRMINGHAM, Ala., Sept. 21. This was
a day of funerals in Birmingham, the bodies
of thtrty-elpht victims of the panic in
Shiloh church being interred in the various
cemeteries for negroes around the city.
All the negro churches were crowded.
The death list Is now known to total at
least 105, and 100 of these have been Iden
tified. The police assert that in addition
at least five bodies were taken to private
houses. This would swell the number to
110. In nearly all of the churches for
whites sums were raised today to assist
the negroes who are unable to give their
dead a proper burial, and a fund aggre
gating $500 has been accumulated.
Among the victims of the disaster was
KaBeougo, an African boy, brought from
the Congo Free State two years ago by
Rev. S. Phillips Verner of Tuscaloosa. Mr.
Verner was a missionary to the Congo
country and fell Into a game pit while there.
being severely wounded by the point of a'
poisoned stake. Kassougo drew the poison
from the wound with his mouth, saving
Mr. Verner'B life. The latter brought the
boy here to educate him.
J. H. Ballou, who Is in Jail charged with
precipitating the stampede, snys he does
not feel responsible for the accident. His
statement follows:
"I was seated In the front row of the
rear platform of the rostrum In company
with Major R. R. Wright, president of the
Industrial school of Georgia. The presi
dent of the convention was arranging seats
for the permanent delegates, but evidently
was having some trouble. In the same
row with me were other delegates, whom
the president had requested to give up
their seats. He said nothing to Major
Wright -or myself, and I, of course, being
In company with Major Wright, thought
that as he was to retain his seat, I would
also. Hicks cams to us and said we must
give up those seats, and used abusive lan
guage. We paid no attention to him. All
of this was before the arrival of Wash
ington. "The whole trouble was reported as being
caused by Hicks and myself, but such Is
not the case. There wee at least half of
the people present who came only to hear
Washington, and Immediately after he
closed his address they left their seats
aud started for the door, not only from
the first floor, but from the gallery as
well.
"About this time Hicks again approached
Major Wright and myself and ordered us
to move, and I, aa spokesman, refused.
He then caught me by the lapel of the
coat and reached in his hip pocket. While
we were scuffling the stampede occurred.
Everyone in the church was uneasy, owing
to the fact that the chairman had given
Instructions that no one else be admitted,
as the building would not be safe."
KILLS FATHER TO SAVE MOTHER
Rot In Connectlcnt Takes Severe
Measure to Protect Woman
and t'hll.lren.
WOONSOCKET, R. I.. Sept. 21. Because
he desired to protect bis mother from vio
lent treatment at the hands of her hus
band, and fearing also that his own life
was In danger, William C. Bonln, aged 20
years, shot and killed his father, John B
Bonln, aged 42 years, this afternoon. The
tragedy occurred at the Factory boarding
house, of which his father was proprietor
at Slatersvllle, North Smlthfleld. There
were present at the time also five small
children of the family. Atfer the shooting
young Bonln went to bis room, put on hla
best clothes and waited until the officer
who had been called by bis mother came
for him. He said It was better for his
father to be dead than to be guilty of the
crime of killing his wife and then him
self, aa ha had often threatened to do.
MAY CONTEST STRATT0N WILL
Son Not Satisfied with the Amount
Left to Him by His
Father.
COLORADO 61 RINGS, Colo., Sept. 21.
Nothing could be ascertained today rela
tlve to the probability or possibility of a
contest between the heirs over the Strat-
ton will, which gives $10,000,000 or more
for a home for the sick. It is understood
from a close friend of Mr. Stratton's that
the son, I. H. Stratton, declared some time
before his father's death that If the will
did not give him a specified sum he would
contest it, and that the sum left him Is
much less than the sum he named. He
has not announced any intention of con
testing however, nor has he authorized
ths statement that bs is likely to.
IT IS NEWSAT WELLESLEY
Colics; Pitt Knows Nothing- of
French President's Wife's Re
ported Intention to Send Girls.
BOSTON, Sept. 21. Inquiry of Prealdent
Hazard of Wellesley college today brought
out the Information that the Wellesley au
thorities know nothlug of the reported ac
tion of Madame Lou bet, wife of the presi
dent of France, In designating young women
to be sent to Wellesley and Vassar.
Movements of Urrnn Yeaarla Sept. 31.
At Southampton Hailed: Frledrlrh der
Grosse. from iiremen, for New York.
At Siilly Passed: Minneapolis, from
New York, for London.
At London Arrived: Menominee, from
New York
At Movllle Arrived: Parisian, from
Llerp'd, for Montreal, and proceeded
At Han Kranrimo Arrived: BatUesblD
J Oregou, from il.tiiitrtuu.
OLSEN FATALLY SHOT
Kan Wha Mardered Mary Fatarsai in
Omaha Ntda No Trial Jury.
RECOGNIZED ON STREETS OF BANCROFT
Coaitable Ooapla and fossa at Oioa
Starta in Pirauit,
DRAWS REVOLVER WHEN OVERHAULED
Aniwar ta Demonstration ia Three Rifle
Shots, Oae Fatal.
UNCLE OF DEAD GIRL IDENTIFIES HIM
Olsen Spent Maht In Town and Appar
ently Made So Effort at Conceal
ment, Thonah He Waa
Known There.
BANCROFT. Neb., Sept. 21. (Special
Telegram.) Peter Olsen, who shot Mary
Petersen In Omaha on the night of Septem
ber 8, was shot and almost Instantly
killed here this morning. He came to
town last evening and registered at ths
Park hotel as W. Johnson, having supper,
bed and breakfast, paying for the same
thla morning. He was around town all
evening and got shaved at the barber shop,
but was not recognized by anyone. This
morning Lee Fletcher came to town, and
although he only saw Olsen once about
six months ago, he recognised him, but
was not certain enough to cause bis ar
rest. He left a man to watch him and
hurried out in the country for M. P. John
son, an uncle of the murdered girl, and
with whom Olspn had visited last June.
Olsen also recognized Mr. Fletcher and
seemed to know they were after him and
left town. As Mr. Johnson was coming in
he saw Olsen going up the railroad and
recognized him by his walk. He at once
notified Constable J. O. Copple, who or
ganized a posse and started In pursuit,
overtaking him about three miles from
town. Constable Copple and John Farley,
armed with rifles, were the first to be on
the scene, and when about fifty yards from
Olsen they dismounted, and taking refuge
back of a culvert ordered him to surren
der. He reached for his revolver and th
second command was given, when the re
volver was flourished.
The order was given to shoot; three rlflt
shots were flred. onlv one taking effect,
entering about three Inches above the na
vel and passing entirely through the body.
Upon examination it was found that tbt '
revolver contained only one shell and thai
had been snapped three times. There wert
no papers on his person. The revolver and
$15.55 In money was all that was found.
He was loaded Into a buggy and brought
to town, where closer examination wai
held.
The clothes he wore, the scars on hit
neck and the scar on his side where h
was operated on for appendicitis tallied
exactly with the description . sent out by
the Omaha police,
Coroner Sammons, Sheriff Kloke and
County Attorney Hunker came over from
West Point this evening, and upon ex
amination said that there was no question
but that he was the right man.
History of the Crime.
The police of Omaha were considerably
worried at first when the news of the
shooting of Olsen was received, for fear
that he had been shot on the strength of
the description sent out and that a mis
take might have been made. They are now
satisfied, however, that the dead man Is
Olsen, as another message from Bancroft
later was to the effect that the uncle of
the dead girl had positively Identified him.
Johnson had known htm for years and the
police believe that no mistake In the Iden
tity is possible. An officer will be sent to
Bancroft today, however, to make sure that
no mistake has been made.
Bancroft Is on the St. Paul & Omaha road,
seventy-three miles north of Omaha. After
the murder Olsen was traced to Ruser's
park by the Omaha police, and there ha
headed north. From that Ume until ha
was seen at Bancroft no trace of hlra was
found. The police believe that Olsen did
not catct. a train at the crossing near
Ruseru park, but traveled at night and re
mained In hiding durlcg the day, walking
most of the way to Bancroft. The police
were notified that an inquest would be
held Sunday afternoon.
Ths death of Olsen Is the final act In a
most cold-blooded and unprovoked mur
der. He had been madly and hopelessly In
love with Mary Petersen for ten years,
and during that time she had discouraged
his attentions. The night before the mur
der she had left home to avoid seeing
him, and when Olsen was Informed of this
by a younger sister of the murdered girl
he appeared very down-hearted as he left
the house. The following night, Septem
ber 8, Olsen came to the house, 240C Pa
cific street, and without knocking opened
the door to the kitchen and entered. In
the room were Mary Petersen, her mother
and her sister. Without a word Olsen
stepped to within a few feet of Mary Pe
tersen and flred. As the girl fell to ths
floor Olsen replaced the revolver In hla
pocket and left the house. The ball en
tered the left breast. The Injured girl
lingered between life and death until tha
following Saturday morning, when she died
at St. Joseph's hospital without having re
gained consciousness.
Olsen came to America from Denmark
ten years ago with the Petersen family and
for a number of yeara was looked after
by them as one of the family. At the time
of the murder he was employed by Nels
Nellsen, a dairyman, at Fifty-seventh and
Center streets. In his room the police
found a note which he bad left conveying
the impression that he Intended to taku
his own life. Although the police were on
his trail less than thirty minutes after
the shooting they got no trace of him after
he was seen at Ruser's park two hours
later. Mary Petersen, the murdered
woman, was the sole support of an inva
lid father, an aged mother and a young
sister. Relatives of the dead girl ex
pressed their satisfaction at Olsen'a death.
M'COOK'S
BRIGADE RETURNS
It la Trsmplsi t Old Battlefields and
Prcpsrlns; to Krect Monuments
and Markers.
ATLANTA, Ga., Bept. 21. A number of
survivors of Colonel Dan McCook's brlgtds
spent the day at Marietta, Ga., where me
morial services were held this afternoon
in the National cemetery. The brigade was
organized In Chicago and the visit through
the south will include battlefields wbers
the brigade fought during ths civil war.
The survivors will erect monuments and
markers on the different positions held by
the brigade during tha battles fought.
(.Continued oa Third Fag)
