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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 11, 1902)
THE OMAHA DAILY . IIEK:4 8ATIJ1U)AY, OCTOHEK 11. 1902. DEFESD BAER'S MARTER Coonul Prepar Iniwtr to Bill Asking. Diolntin of Sttdiig Oompatj. SAY COAL TRICES WERE NEVER FIXED t'lrealara Sot Hindis anal AMhnuh Camnaale Mold at Hame llate Tb Is Waa Oar ta Ordinary I om tnerrlal (. PHILADELPHIA. Oct. 10. Counsel for tb Philadelphia and Reading Coal and Iron company have prepared an answer ti tha application of W. R. Hearst to the attor ney general of New York for the Inatltutloti cf an action against the company under the anti-trust laws of the, elate. The ansaer will fee filed In New York. The answer avere that tha respondent li a corporation of Pennsylvania created primarily to purchaae,- sell, transport and mine coal and Incidentally to acquire such lands as It may deem expedient and to pur chase the stocks of any railroad or other corporation. It Is denied 'hat the corpora tion has authorlied or sanctioned any com bination with another corporation contrary to the taws of New York state.- It Is further averred that 'all railroad and canal companies, created by or organised under the laws of Pennsylvania, are ex preuly authorized by the statute law of the aaid state to purchase and hold tne capital stock or corporations authorized by law to develop the coal. Iron, lumber or other material Interests of the said roru monwealtb. and especially la any railroad or mining company of Pennsylvania author ized by positive statute to purchase and hold the capital stork of the Philadelphia end Reading Coal and Iron company. ('at Prices ot Fixed. The answer further denies that the prices for tbe coal sold and shipped by the respondent were ever determined by agree ment, contract, combination or arrange, tnent with the other corporations mention 31 in tbe application, or with any person whomsoever. It Is admitted that officer of tbe company have occasional meetings with others In a like business with tbe view of exchanging and considering sta'.li- ttcal Information and data as to the state of available supply and the probable de mands of future markets,' In order that measures may be taken to supply their re quirements. The reBpdndent also denies that, the prices fixed by It in March. 1901, or at. any other time, were determined at an al leged meeting of the board of directors of tbe Temple Iron company or that a uniform price for coal waa agreed upon with other companies. If other parties In the trade announced tho lima prioes It was because they could not reasonably expect to obtain or. de mand greater prices from their customers thsn the respondent announced Its willing ness to sell for, and. In the absence of apecial facta and ctrcumstsnces, were doubt less Udwtlllng to accept less. Moreover, the rlrcu'sre hv never been regarded as binding upon anybody, nor even upon the parties who may have issued tbem. Having shown, the answer concludes, that It baa not dona or participated In any act contrary to the provision of the New York lawa. It submits that no further Inquiry should be made Into tba allegations cited In the application. ' The Reading company and the Temple Iron company will make answers denying any connection .or complicity with any or ganization or combination as set forth In the allegatlona of the Hearst bill. , Aetlan to ItevoUe Charter. . HARRISBURQ, Pa.. Oct- 10. Tbera waa received at the attorney general's depart ment today a petition by Frank H. Thomp son of Philadelphia, asking that tbe attor ney general grant the use of '.he name of tho commonwealth In a ,ult agalnat the Reading Railroad company, to ahow why its charter should not be revoked for al leged violation of the state conatltutton, which prohibits a coal-carrying company from engaging in mining. In the absence of Attorney General Elklnand bis deputy the attaches of the department declined to make tbe -application public. The attorney general la expected to takai tome action In the matter when be Returns to his office next Wednesday. STRIKE MUST CO ON (Continued from First Page.) Mr. Thomas withdrawing. Senators Piatt, Penrose and Quay talked over tbe matter for a abort time, and' than they, too, sep arated, the two Pen'nsylvaniana announcing that tbey would go back to Harrisburg and discus the situation with Governor Stone. Oovernor Odell was hoVln a talking mood when h left tbe conference. He went di rectly to tb Fifth Avenue hotel and dur ing moat o' tb afternoon reealved callers. Mayor Low, Anson O. McCook, Edward Lauterbacb, Congressmen Lester and Llt taur and Senator Piatt were among his caller. To one of these be said: "Tb coal operators may postpone this matter until Tuesday, but I don't propose to postpone It. They are cot acting fairly towards tho people. 1 believe I ahall find soma remedy." According to the operator, there is noth ing to Justify the assertion that negotia tions will be resumed next Tueaday. A one of the coal president' put it. "Tha Incident . la closed. . Tbe publicists mad a number of suggestions, all of which we turned down. These Included 10 per cent Increase In pay, a decreaae pf working heurs and recognition of tb union, a well aa a number of other propositions whicb w re gard a equally undebatable. In fact, we found It impossible to negotiate with tbem and said so, . "What their next step will be I cannot ay, but they underatand that we cannot be moved. I repeat we will not meet them gain. It la frivolous and Is bound to re sult In further 111 feeling." .' Another operator aaid: "It 1' not fcr us to consider mere matters ef , nolrtl"! expediency! Had so-called statesmen kept their band off the atrlke would have been rettled long ago We have taken a atind for principle, and no amount of argument will budse v.s." . 4 ' " ; J. P. Morgan who conferred with several of the operators during the day, would not discuss the latest developments, but it is known that be baa not swerved from hi purpose not to become a party to tbe con troversy. . Odell Praise Mltekell. About 6 ' o'clock John Mitchell, accom panied by L. N. Htmmerllng of Wilkes barr,, called and had a long contereooe. Whll this waa going on a -dispatch an nouncing that tb opsratora refused to eon lder tb term offred by tb governor was received. When th conference was over Governor Odell refused to aay what bad occurred, aad Mr.- Mitchell' was equally reticent. It I believed, however, that Governor Odall presented bis proposition for settlement to 8 This 1gMtQr Is oa every bos of the geaalaa - Laxative Bromo-QuinincTM.u . lb ratd tba rwro ld foa ajr the leader of the miners' union and that Mr. Mitchell said he would present It to the district president In the hope It wonld be accepted. Governor Odell said: "Mr. Mitchell was eminently fair aad showed every disposition to adjust the serious situation." President Mitchell remained at his hotel most of the day conferring with the three district president who are here wlth him. U N. Hammerllng of Wllkesbarre and rather Ducey also called and remained with Mr. Mitchell some time. When Mr. Mitch ell's attention was called to the telegrams reported to hsve passed between him and President Moyer of the Western Federation of Mlnerj, concerning Moyer'a offer to co operate with tbe Mine Workers by calling out the western men, Mr. Mitchell aaid: "I have nothing to say." He would not discuss the matter nor ad mit that it was under consideration. Demands t alon's Prosecution. David Wilcox, vice president and counsel for the Delaware Hudson Railroad com pany and one of those present at the recent conference railed by president Roosevelt at Washington, has sent to President Roose velt a letter demanding that the federal government proceed against the' miners' or ganization In the courts cm tbe ground that it Is a conspiracy to prevent' Interstate com merce. -' : Mr. Wilcox, it Is said on authority, repre sents all tbe coal operators in. this action and was selected as their spokesman. The letter was made public In this city today, together with a letter written sev eral months ago to tbe president along the same lines. Tbe letter follows: NEW YORK. Oct, B. '102. To the Presi dent of the Vnlted States: ITpon June 7 last I had the honor to ad J reps a letter to yourself, calling attention to the character of the United Mine Workers of America. The Illegality' of th "rganlzatlon Is fully established by thu authorities to .which I thin refer-ed, and its methods have since been again condemned by the circuit courts of the United States (U. 8. vs. Weber. 119 Fed. Rep., S50; United States va. Haggerty, 116 Fed. Rep. 610). In the Weber case, too, the court said: "It is hardly open to serlnua question that tho ultimate purpose of the union I not legal." Some question has, however, been made whether the national government has ptwer to take action against It on that ac count, and 1 therefore respectfully delre to a: bmtt some considerations which seem to it dlcate it has uch power. Refer to Sherman Art. The statute of July 2, 1890, generally known as the Sherman act, provides that "every contract, combination In the form ' . " vL I . . . " 1 11 " .. i .1 t ot iruKl or oirerwiRe, ur t-uuwpirav y m i aim nf trade, or commerce mom the stratnt states or with forelan nations. Is hereby declared to be illegal." Commerce among the states begins when the subjects thereof begin to move to their place of destination and ends when the? are Sold. The ejuestlon. therepre, la whether the 'm'ne workers constitute a restraint upon auo.h' commerce. The view that it does not Is based upon the production of coot within the states aiid not shipments of rnal from or.e state to another. It is submitted thut this distinction is without foundation In law or facts. The authority in support of this view upon which reliance Is principally pladed is the cose of United Stntes agalnxt D. C. Knight Company, lf I. 8 1. In that case several sugnr refineries In Pennsylvania had been united In one organization. The cojrt held that thla consolidation ot Interests did not ccme within the statute becauea it affected merely the proceeds of manufacture and had no necessary effect upon the ehlpment of the product out of the state. It will be seen that these facts were widely different trom those Involved in (he piewnl The coal cf the country in the most It The coal cf the country in the most lm- portant subject of Its Interstate commerce. The mine workers' organization consists of a combination of persons employed in the production of coal, In many states of the union. Its obJct and effect are to control the terms upon which this .subject of interstate commerce may be produced at all, either for state or Interstate ship ments. Its direct and necessary effect la that no coal shall be shipped anywhere within the country unlesa It ao permits. This combination, therefore, not' merely restrains, but destroys Interstate commerce by preventing the exlatence of the subject. No more effective or radical restraint of Interstate commerce could be Imagl..ed. The Delaware & Hudaon company was chartered by the state of New York on April 23, lor the purpose, as expressed In Its charter, of furnishing to the state of New York a supply of coal found Jn the state of Pennsylvania. Aa a result ot the mine worker' organization the Inter state commerce of thla corporation has been for the time being in a great part destroyed. Obviously, a combination which has this direct effect upon an established Interstate busineb Is in every sense a re straint thereon. Heatralnt of Shipments. Accordingly, since the Knight case. It has been ittlcd that combinations which have the effect of restraining shipments out of the state are within the prohibition of the statute. In Addison Pipe Company against L'nlted States, 175 ,U. 8. 211. there w-as a combination of manufacturers within certain states which restrained shipments by the parties out of their re spective states in competition with each other. The court bald tP. 24): "The direct and immediate result of the Combination waa, therefore, necessarily a restraint upon state commerce in respect of articles manu factured by any of the parties to it to be transported beyond the state in which they were made." In Chesapeake St Ohio Fuel Company against United States, Fed. Rep., 510, there was a combtoallun of all miners of coal within a certain territory to aell all their product to one corporation,, and the product wat, In tbe natural course, shipped to other states. Both of these cor porations .were held a unlawful, because they- restrained the output of manufacture out of the state, save on term dictated by parties to the combination. : If the fact that a combination having that direct and neceesary effect bring It wuhln the statute, its form Is of no Im portance, for the statute aaya that every such combination Is Illegal. As already said, the mine worker combination does not merely restrain -aterstate commerce, but absolutely deerroys it. Can it lie seri ously claimed . that while a combination which restrains shipments from the state would be Illegal, one which abaolutely pre vents them would not? - Manifestly, the greater includes the lesa, and a combination which directly and im mediately destroy Interstate commerce by preventing the existence of Its subject mat ter Is quite as Illegal as one which merely restrains the shipment Of such matter out of the state. Othersine, a combination which restrained Interstate commerce would be unlawful, while, one which destroyed it would be beyond the reach of the law. It la submitted that the national Jurisdiction is subject to no such limitation. It seems very clear, therefor, that a suit would lay agalnat the member of the United Mine Workers' association, as a combination In reatralnt of Interstate com merce, within the act ot July 8. li'M. and that a preliminary injunction would be granted, which could be enmi-ced by all the power ot tne national government. Thla precise course was followed in th Debs caee and waa aupported by the courts. not merely on account oi intenerence with the malla, but also on tha ground ot restraint of shipments -from one state to another (64 ted. Kep. 724). It is sub mitted that this count would b proper in the present can. it would destroy the illegal combination to which the pres ent strike Is dun. The Delaware 4 Hudson company. ' therefore, moat earnestly re questa that proper action be taken under tne aioresaiu staiuio. very reojjeunuiiy. DAVID W 1 IXJUJL. Rrlcrrrd to Attorney Ueneral. .WASHINGTON, Oct. 10. Preaident Roose velt baa received ihe communication trom President Wilcox of the Delaware Hud son railroad, referred' to In the dispatch from New York, and has referred -It, to gether with tbe former one, ot which Mr. Wilcox speaks to tbe attorney general. President Roosevelt bad a consultation with Commissioner of Labor Wright today. Tbe president spok ot th great serious ness of tb situation, but gave no Intima tion of any further step looking to a settlement which he had In mind. He gain Inquired about the arbitration act cf 1898, which he had one before dla- cussed with Mr. Wright, to satisfy him self that It applied only to common car rier and not to Industrial corporation. . After Mr. Wright bad explained tha law th president appeared convinced that there waa no chanc for Interference through It Instrumentality. There ta aa intimation that the president , will ap point a commission In line with' bis ug gestlon to Mr. Mitchell ot Battlement, with a view to a thorough investigation of tbe whole subject of tbe strike and for tb purpose of securing data upon which to base recommendations to congress, but ibis caonul b verified aad II 1 said was not broached at the conference With Mr. Wright. For a long time this afternoon and even ing President Roosevelt discussed the strike situation with members of his rablnrt. . After office hours Secretsry Root, At torney General Knox and Postmaster Gen eral Payne came over to the White House and remained until nearly (. Tonight Sec retary Root and Mr. Payne were with him for some tlmp. Further thsn to admit the coal atrlke was the subject that brought tbem together. the members of the cabinet will not talk. Close advisers of the president who have conferred wltb him said tonight that there was no further nctlon the administration could take on Its Initiative to bring the strike to an end. Tbey scout tbe Idea of a resort to the anti-trust law and say no such step is contemplated. The executive of the American Federation of Labor decided today to appeal to busi ness men and other sympathizers with the miners for financial aid. Talk of Federal Troops. WILKESBARRE. Pa., Oct. lO.Disap- polntment followed the news received from New York this evening that the conference had failed to reach an agreement. It Is feared the struggle will continue for some weeks yet. The strike leaders will make every effort to hold tbelr men in line, trust ing to cold weather to bring tbe operators to term. , Tha local operator say nothing but fail ure tm to be expected, aa It was more of a, political gathering than anything else. The officers of the third brigade with headquarters In this city made tbe an nouncement today that- tbe order of Gov. Stone to place all persons arrested for riot ing under a military guard will be strictly enforced. ' A stockade Is being erected at West Side Park where the Ninth regiment Is in camp,' and prisoners will be confined there. The military authorities complain that the civil authorities have been too lenient with some people who have been taken Into custody since the militia arrived In the region and that sterner measures are necessary. The operators, will make another de termlned effort to start additional collier ies next Monday, and In case tse mllltla cannot furnish the necessary protection for tbe men who want to go to work, and their families, a number of local operator will petition 'the governor to call for fed eral troops. National Hoard Member jonn ration, wno is in charge of strike headquarters dur- ing the absence of President Mitchell, says the talk about calling for federal troops is all "moonshine" as the state mllltla now cover nearly the entire strike region and "they have nothing to do." Soldiers, bat No Resumption SCRANTON, Pa.. Oct. 10. There were jio new collieries opened In this region today. notwithstanding the presence of the sol dters. General Manager Bryden of the On tario A Western- company's cosl depart, ment, said today that be. had been obliged to station guards at the homes of a number " e8tltd on October 1, the correspond of the company' workmen to secure their D Tre one year ago, the correspond famllles from molestation and Intimated ,n" 'v'r"Be 10 190 the mean ot cor that he might be obliged to ask for military protection at these placea. Announcement was made today that a general crueade asalnst sll persons nicklnsg coal from the dumps is to begin by all the companies All persons found buying this picked coal are to be arrested also on tbe charge o: receiving stolen goods. Colonel J out I flea Shooting-. SHENANDOAH, Pa., Oct. 10. A warrant was sworn out toaay ior tne arrest oi Private Wadsworth for tho killing of Win. Durham yesterday but Colonel Hullng. cf the Eighteenth regiment refused to allow the constable to serve It. , Colonel Hullngs ay Wadsworth was Jus- I tided) in abootiug when Durham .refuaod.to halt when challenged for the second time, and lhat ho acted under order from tte headquarters. At first Colonel Hullng also refused to permit th coroner to serve atib- I poenae on militiamen who were wanted to testify at Jibe Inquest but - later he reversed his decision and notified the coroner that th witnesses would not be permitted to go outside of the camp but that tbelr testi mony might be taken there. i'uplla Are Sent Home. SCHENECTADY. N. Y.. Oct. 10. The 4.000 pupils in the eleven public schools of this city were sent home today because of tho coal supply giving out. The authorities fear they will have to close the schools indefinitely. WELSH COAL COMES FREE Customs Officers Will Pass It Under Instruction from Secretary - Shaw NEW YORK. Oct. 10. The practical effect of Secretary Shaw' recent Instruction to customs officers to facilitate thi Importation of coal will b to admit Welsh bard coal free of duty. A NEW TEXT. southern Preacher Gtvee Thought, Food for Coffee works In many different and un suspected way. Mr. E. L. Wesson, pastor of Baptist Church of Sardle, Miss., write: "I loved coffee from my Infancy and never knew of It hurting me until I wa 33 year old. I Buffered with headaches it forced to do without it, and sometimes used it three times a day, but headache and been one ot the ilia of our family and therefore I thought it waa an Inherited evil for which coffee was a special remedy, but about nine years ago I began to suffer from, sleeplessness, which continued until It seemed as if my nerves would wreck for want of sleep, and yet I could not sleep. "A friend suggested that I quit coffee, except for breakfast, which I did, and so found that I could sleep a little better, but my headache continued, and my nervoua ystem would sometime seem a if th very fiber of my flesh were moving within me. It went on until three year ago I began to suffer at night with an Itching sensation on my ilnibe below my knee and on my arm below the elbows, and sometimes all over my body, but there wa no eruption on the akin; th fleah wat smooth nd white. I consulted several good physicians, but with no avail. I had po idea that tbe coffee I drank In tbe morning caused it, but finally decided to atop coffee tor a while and try Postum Food Coffee. Wife made it according to directions, so that I liked It equally as well as coffee. I had no Idea that it would re Have tbe awful Itching deep down in my flesh, but thought I would try It to see if there was any virtue in it. I bad usoCj oCj It tVt only a few day when I discovered tho Itching wa not o ssvere. When I had used it ten days my wife aaid, 'What la th matter with you? You do not aeem to be troubled with' that Itching sensation.' I told ber that I did not know what the cause was, but I knew that I' was not troubled with the Itching any more god waa thankful for It. . "I then went over to preach In another town, and while ther drank mmi strong coffee, and the Itching returned. When I came back bom I commenced using Po turn again, and th Itching ceased. Then I decided that coffee in some way produced th itching. - I drink Postum three tlmvs a day and rest a well a I aver reated, and never have headache any more. 1 believe that hundred of preacher who suffer from indigestion, nervousness and worry would find reet and health it tbey would quit coffee and use roatuW GRAIN CROP GOOD ALL OYER Offioial Report lbw Yisld Evsrjwhers Abov Average for Tan Ttara, OTHER PRODUCTS ALSO UNUSUALLY FINE fane Paaar Alow Bhevra Falling Off and Only' VeryOIUnt at That General Quality la Ala datlataetory. WASHINGTON. Oct. 10 The monthly re port of the statistician of the Department of Agriculture shows the average condition of corn on Oetober 1 to have been 79.8, as compared wltb 84. J Iat month, 52.1 on Octo ber 1, 1901, 78.1 at tbe corresponding date In 1900. and 77.78, the mean of the October average 'df the laat ten years. The following table shows the averages of condition on October 1, the corresp:ndlng average one month ago, and one year ago, and the mean of tbe corresponding averages for tbe last ten yean: 3 r 9 r -3 3 i r '- STATES. I 1 Illinois Iowa .v.k-.. ...... j 91 H 61 SI 81 .76 91 M li M 87 91 21 R2 62 m llll 85 73 M 104 102 81 M 79 W 37 40 73 7 97. . It M 82 M 93 63 95 M . M 78 ' 69 90 77 79 90 20 72 67 88 71 10 84 86 90 93 75 83 62 ' 89 75 9S 87 67 70. 90 98 82 Kansas Nebraska '.. Missouri j.. .;.....(-.. fe"":.::":::::::::: South Dakota ........ Oklahoma, Wisconsin ......,.., Pennsylvania. Minnesota Michigan ,,&,. Tbe preliminary estimate of tb average yield per aare: of spring wheat is 14.4 bushel, subjects to revision when th final wheat estimate, is ..mad. The wheat aver age of yield per acre In th states having 100,000 acres or upwards In spring wheat are as follow: Minnesota. 13.0; Nebraska, 13.1; Colorado, 17.4; North Dakota. 15.7: Washington. 21.0: Kansas, ,10.9;, South Dakota. 12.4: Oregon. 19.1; Utah. 24J; Iowa, 12.0; Wisconsin, 17.8; Idaho, 28.1. ,,. . The average ouality of spring wheat la 87.7. . . . i Oat Yield Hick. The preliminary estimate of th aver- age yield per acre of oat Is 34.5 bushels, aa compared with 25.1 bushels on October 1, 1901, 29.6 at the corresponding date In 1900, and 28.8 bushels, tb mean ot tb October estimate for the laat ten year. The present estimate of yield per acre la the largest ever reported by the Department of Arrteulture. ' ' The following table show for th orlnci- pal state the averages of yield per acre. responding average the last ten years: o ' This Oct. 1, Oct. l, Ten-yr. -month. , .... 37.7 . .... 30.4 .... JW.ft u... 3s.0 f. 34.6 ,. . 35.4 . - 1901. Averaa. 30.8 30.9 Illinois ni atri 28.2 29.8 M 82.1 28. 28 21.6 380 Iowa Wisconsin ... 34 0 K2.0 25 0 M.0 33.0 28.0 ' 31.0 38 0 37.0 . ;(2.o Minnesota, . 1 31.1 23.4 Nebraska .... Indiana .'...I, New York '.v. Pennsylvania. 29.0 ' 27.6 26.8 '30.8 29.0 . 40.0 -. 37.8' .414, . 39.7 18 31.5 29.0 Ohio , Michigan .... Tbe average for quality 1 88.7. against 83.7 last ye, and 89.2 In 1900. Barley Yield later The , preliminary , estimate of yield oer air of e,Hty -S9.0 bushels, against 24.7 bushels )gj Oatober 1 tOOl. 20:4 at tho eor respoDllnjr tet in ftf 0, ,and tt.t, th lneaa of October jayerageof the last tea A-cnra. Tho average for. quality is 87,8 agalnat 89.2 last year, and 82,1 In 1900. , t The preliminary estimate of th yield per acre or rye la 17. 0 bushels, as compared with 15.1 bushel on October 1, 1901, 16.1 buehelj at the corresponding date in 1900 and 14.4 ousneia, the mean of October average nf the last ten year. The average for quality Is 91.8 against 89.4 last year and 92.0 In 1900. The average condition of buckwhfat n October 1 was 80.5 as compared with 86.4 last month, 90.9 on October 1, 1900, Vl. at tbe corresponding date In 1900, and 80.2, the mean of tne average of the labt ten year. All the important tobacco producing state except Ohio, in which state tbe condition la tbe aame aa last month, report Improve ment In condition during September. This Improvement amount to 3 point la Ken tucky, 4 In North Carolina and Tennessee and 6 In Virginia. 'A compared with thutr respective ten year averages. North Caro lina la 7 points. Virginia . and Ohio 12 point above, Tennessee 3 point below and Kentucky exactly the same as aucb average. The average condition of potatoes wa 82.6, against 89.1 laat month, 64.0 on October 1, 1901, 74.4 at th corresponding date In 1900, and 7.1.6, the mean ot tha average ot the last ten year. As to the condition of sweet potatoes. Tennessee reports 1 point. North Carolina 2. and South Carolina and Virginia 6 point above tbelr respective ten-year average, while Georgia , report 8 point, Texas 4, New Jersey 6, Florid 7, Louisiana 11, Mis sissippi 16. and Alabama 19 point below such average. All of the important sugar cane producing state except Texas report conditions below tbelr respective ten-year average. Thla reduction amount to 2 point In Georgia, 6 in South Carolina. 7 In Florida. 8 In Louisiana. 15 In Mississippi and 25 In Ala bama, while Texas Is 2 point abov aucb average. Aa to tb condition ot rice, Texas reports 11 point abov and South Carolina 1, Florida 5, North Carolina 8, Alabama 8, Mississippi 23 point below their respective average for the last eight year, while th condition In Georgia 1 tb m a uch average. - A to tb condition of apple. North Caro lina report 8 point, Illlnol , Missouri 10, Pennsylvania 11, Main 12, New York 16. Iowa 18 and Michigan 27 point abov and Ohio 2, Indiana 8. Virginia . Tennessee 11, Kentucky 1 and Kansaa 21 points below tb mean ot their October average for th last aevea year. Th eatlmated average yield of bop tn pound per acre 1 1.267 In Waahlngton, 1,400 In California, 1.100 In Oregon, 1,300 in Wisconsin and 825 in New York. NEARLY A THOUSAND DESERT California Moldlor Has Away and Coniwaader Baagreata Greater Car la Reeraltlaa-. WASHINGTON. Oct. 10. Th annual re port of Major General Robert P. Hughe, commanding th Department of California, rtcommeuds that th camp at Honolulu, Hawaii, known a Camp McKlnley, be mad g permanent post. During th year the total number of re cruits !n th deoartment wa 18,418. On tb other hand, ther was a los ot 8,678, resulting from assignment to other sta tions, discbarge, deatha and desertion. Th totel number of desertion numbered 82. General Hughe aays: "The foregoing figure are not pleaaant to dwell upon It would appear to be a wis policy to try nd select recruit with greater car, now that the number required baa been so greatly reduced, aad tilt Judkiou c- tlvlty of recruiting officers It seems pos sible to raise the standard of accepted re cruits by looking more rsrefully into their rhsracter and previous course of life." BREWERY ANDJCE PLANT BURN Bla Blaae In l.eslngten. Missouri, t eases Very Heavy Loss to t'anllallata. LEXINGTON. Mo.. Oct. 10,-The Lexing ton Ice plant. Hoffman's brewery and bot tling works. Gua Harries' wholesale ware house and several dwellings were destroyed by fire today. The loss will be at least $100,000. lloy. and batches lld It. I WOLBACH. Neb., Oct. 10.-(Speclal Tele- gram.) A barn and its contents belonging I lngton, D. C, Charles Cawlev, a 17-year-to Ed Dollarhlde. situated In tho north . 0id of Homestead, Pa..' early today part of town, was burned this evening. No , kllIed h!. mothrr end one .l.ter and f.t.llv livestock was lost, owing to the prompt action of George Horn, who entered the burning structure and liberated a team of hers es and a cow. The fire was caused by two small Boy and a match. CO-OPERATIVE CONCERN FAILS Kansas Insurance Company Formed In 1.S08 la Placed In Receivers' Handa. KANSAS CITY, Mo., Oct. 10. E. K. Rob Inett, an attorney, has been appointed re ceiver of the Midland Fire Insurance com pany of Kansas City, Kan. Tbe company was organized In 189S under tbe Kansas laws. Its business was con ducted under a co-operative plan, author ized by the Kansas Mutual Insurance law, whereby Its policy holder were aasessed to pay 1 Its losses. According to the 1900 insurance report of Kansaa, the company bad 1,121 member and $623,550 of Insur ance risks. . . . INDIANS WISH TO EMIGRATE Ask Government to Take Oklahoma. . Lands and Bay Fresh Mexico Acres. GUTHRIE, Okl., Oct. 10. At a special council of the Indian tribes of tho south west, held in Anadarko, Lone Wolf was today chosen the representative of the Klowas, Comanrhes. Apaches, Caddos and Wichita, to ask the government to take 11 their lands In Oklahoma and purchase for them ' a tract ot 2,000,000 acres in Mexico This would open to settlement all the Indian allotments In that portion of Okla homa. BIG FORTUNE GOES ASTRAY Administrator Finds Dandle of Gov ernment Bonds Mlsslua; from . Dead Man' Effects. . ' ST. JOSEPH, Mo., Oct. 10. Unregistered government bonds worth 830,000 are missing from tbe estate ot William Sidcnfaden, pioneer, undertaker of this city. 11 Is euppuned the bond disappeared bo fore Mr. Sidenfaden's death. Police de tectives aro working on the case. PAYS FOR MEAL WITH LIFE Iowa. Alan Rata, Fights and la Killed . by Retanrant Keeper's Fist. DUBUQUE, la.,' Oct. 10. Dot Well, a restaurant keeper at North McGregor killed John Glesson by a blow of his Ust tonight. "Tbe killing' -Was tbe result bf a quarrel because Gteason bad not paid tor a meal. TWO ' KANSAS GIRLS" DROWN Boat Capsizes on Neosho Hlver and Orenpnnt Sink to Their Death. IOLA, Kan., Oct. 10. Josle and Rose Klemlck, girls, were drowned in the Neosho river, one mile from here today. The boat they were in capsized. DEATH RECORD. Mr, (una Learner. . DAKOTA CITY. Neb., Oct. 10. (Special.) Mrs. . Susan Learner, wife of Perry Learner, died at her home two miles south weet of this place at noon yesterday after an acute illness of only tw.i day trom an abscess, produced by blood poisoning, wltb which she had been afflicted for some years. Mrs. Learner was one of the pioneer women of Dakota county, coming here with ber husband trom Altoona, Pa., in 1857. A husband and seven children are left. Tbe funeral will be held Saturday morning at 10:30 o'clock from Salem Lutheran church, to whicb ' deceased belonged. Funeral of Axel Meyer. Funeral eervlce for Axel Meyer will be conducted Sunday afternoon at 3 o'clock at the family residence, Thirty-third and Burt streets. Interment will be at Prospect Hill. Axel Meyer, sr., arrived from Mexico yesterday afternoon. Ranser Bear Message. PANAMA. Oct. 10. The United States steamer Ranger left here this morning wltb an Important communication from Rear Admiral Casey for Genersl Herrera. tb revolutionary commander, whose where abouts Is unknown. Marrlaae Licenses Marriage licenses were Issued yesterday to Name and Address. Charles H. Overdorf, Falrbury, Neb Mae Anthony, Omaha David W. Fleming. Omaha Mr. Jennie Anthony,- St. Louis...... Ttuhv V) Kin. Omaha .....22 .31; Annie D. Flchtmayer, Omaha VaDEMflffl HAW-HEALTH alwaya brinps bark the natural and beautiful color of youth to gray, laded or bleached hair. Gives new lite and growth to thin hair. Prevent dan drufT and baldness. mat m afjrav but a hair food, and positively restore gray hair to it youthful color. A ...tihr.,1 k.ir Armmirw tmm MH ! WOWl! f itS USCCI bow Mr. Mason, NutteUburr,h, W. Va., HAY'S NABR-HEALTH V:.j r J . r sVirh t IwmiIm mt Mi My hair mtt gray mat I waa unano ,w - "-. m , - -- ta Ibiofe my half wa gctllBg whita o iqnf belora I wat as old woman, tml ',' ttAA, gray ktir fn in hut LARQB goc BOTTLES. Fbcq Soap Offer Cut eol sad air this cmpe is day. tak h la any of tb Wlrnf rt.t. aad lhv wfll rWt yue a la tot tie of Hay' rUir-iWalta snd s 15c. cmk Merlin rudlcated Soap, tht btrt soap lor Hair. Scolp. Compleaioo, Kaih aad Toilot. both lot FMty ceuis: uUP'", Jc' RMaed by hading draggtsts everywhere t their shops only. o fey il.a rtiUe nmr Bpocwliw Ce . IN Lalayaiia at . Newark. N J , either wuh of wuaeul soap, by upewa, ptepad. is f't.m aeaiad i,alaj oa teuipt oi tat sad tlila coupoa. ' n : CUmHTEE.- AoVmi i . . Jtrtut tutttulf Jmtut tm iawtnf H?4 HirHlth. . FaUewiag Druggist supply Hay' HaJr-haatU aad ttarttna fioap U their hop I OM AH A-SHERMAN c McCO N NELL, Wth and t'hicago. . ' " ' . ....'.. Ut It II. I t I r'H-MOROAV, 142 Broadway; DellAN EN HiiOWN. K7 Main; WUEfcLEY. 4l Broadway. RILLS MOTHER AND SISTER Bleodj Dead f Youig Ifti 8npped t la Initi. fcLSO FATALLY INJURES FOUR OTHERS In afruaallna; with Ilia Older llrother He in Finally Ot erpovrerrd and Turned Over to the Authorities. PITTSBURG, Ta.. Oct. 10. While laboring .u. .ru, result 01 ine strain of Derfectlns an smillanc, for nstentu on . ,.rbr.k. wh.rh . nrnAlnm , w,h. Injured four other children. He also tried to kill his two older brothers, but was de tected, overpowered and turned over to the police. Tbe weapon used was an ax. wltb which be crushed and hacked his victims beyond recognition. . . Victim of Murderer. The dead: " MRS HANNAH CAWLEY. aged about 40 years, hesd and upper portion ot ber body almost pounded to a Jllv. BELLE CAWLEY. aged 12, who alept with her mother, bead frightfully crushed. The fatally Injured, who art at the South Side hospital, are: Josephine, tho baby of the family, aged 13 months,' head and chest battered. Adeline-,' aged 6, skull fractured. Raymond, aged 6, twin of Adeline, head horribly Injured. . , Agnca. aged 10, bead crushed. Tbe Cawleys live In a neat six-room bouse on Second avenOo, Homestead, and last night all the members retired about 10 O'clock. Mj-s. .Cawley and Belle occupied cne bed. while the other, Josephine, Ade line, Raymond and Agnes, occupied other beds and crib In the same room, which Is oc tbs second floor rear. Charles, the mur derer, his brothers. James, aged 20, and Harry, aged 14,. occupied the front room, second floor, adjoining their mother's room. Aa la III Weapon. Some time about 3' o'clock this morning Charles quietly arose and, dressing himself. but not putting on his shoes, crept down to the cellar and secured an ax. Coming up stairs, ha went into hi mother's room, where the victims wera all sleeping. After turning up the light, the maniac approached his mother's bedside, swung tbe ax high in the air aiid brought It down with such "ore that the skull was crushed. The mother evidently never knew 'what struck her, but the crazed son, thinking that his first blow did not do it work, pounded the dead moth er's head almost to a Jelly Belle, the oHeat daughter, slept through out the time. Th dull sound of the ax on ber mother!! head did not arouse ber. Charles hurried to her side of the bed and struck her with tbe ax. It la thought that the flrxt blow slipped and awoke the girl but 'only for a second. She did not have time to scream, for the next blow killed ber. The fiend then turned to tbe smaller chll drcn and struck each one over th bead with the bloody, weapon. Struggle With HI Brother. Believing that be bad dispatched them all he started for bis brothers' room, hut James, the oldest, bad been awakened by the groan in bis mother' room, and as Charles entered be seized a heavy rocking chair and, after a fierce struggle, overpowered him and turned blm over to the police. On tb way to tbe station he fought fiercely, but after being placed In a cell ne caimea aown and ell -not stem to realise what he bad done: When pbyslcian reached tbe house Mr. Cawley and Belle were dead. The other were still Irvljig, but the doctors announced that they cold not live. Cawley waa lodged in the county Jail here at 6 o'clock, lie failed to recognix hi brother, James For two years he ha been working on a device for combined air and power brake. It Is said to be a wonderful Invention. Men who have seen It marveled at tbe mechan ical ability of the inventor, in view of his years. He was of a kindly disposition and was said to have been very fond ot his mother and brother and sisters. Recently he ha been unusually quiet and while his action -were a trifle queer, no attention waa paid to blm. When questioned Cawley denied emphatt cally that he committed the deed. Ho tells a fairly connected story, saying be waa awakened at. an early hour by eounda on the first floor and went down stairs to In vestlgate. Returning upstairs, he ay, he found hi alster lying acros th bed covered with blood, and fled to give the alarm. The five other member ot th' family Injured are reported tonight a having a fair chance of recovery. F.rarma No Care, It a Par. Your druggist will refund your money It PAZO OINTMENT fall to cur Ringworm, Tetter, Old Ulcer and Sores, Pimple and Blackhead on th face, and all akin dis eases. cent. , HYMENEAL." Spauldlag-Arts. TECUMSEH, Neb.. Oct. 10. (Special.) A very pretty wedding occurred at tbe bom of Mr. and Mrs. Frank Artx, in this city, Th daughter of tha boat and hostess, Mis I Mary, va married to Mr. Joe W. Spauld- 1 Ing, son of Mrs. Martha Spauldlng of T- cuniaeh. Rev. E. I. uaviea ot in rresoy- 1 terlan church performed tbe ceremony In i8th preaenr of a small company, in 0 house wa well decorated and dainty re- 1J J freahment were served. The young coupl are of th city' belt society. wa mad young; again by using of Hair. Health I ta dellfhtad with IK battle ouf M uaw and 1 k B und U ta ooa botil AT LEADINO DRWW15TS. Good tor 2SOm Omkm MARTINA SOAP 4) 4 Ixixhtcd. may Va hit moary back by addmaiBg Philo HV SrsciaLTiu Co . aao Lalayoua St . Ntwaik, N I 14fh and Dodge; BCHAFER a DRUQ DTUng, 132 Central Broadway II FIREMAN'S PERIL HI CAPTAH KOISD HIM IX A 9T1P OK SKRVOI t OI I.APSF.. ruhllr Interest Aronoed ay the "tateo meat of riprtnan Oscar ateklln of the Indlaaaanlla Fire Force. The fire department nf Indianapolis 1 widely known for Its efficiency and for the high physical standard of Its members. This accounta In a measure for the Interest that has attached to the rescue from almost certain death of a plpeman of Chemical En gine Company No. 1. It wa known that the man was found by bis captain to be In state of nervous collapse, but th full fcts are now published for the flrt time. The fireman. Oscar Ptehlln, live at No. 1(10 East Tenth street, Indlanepolls, wher he was found by a reporter. lu reply to questions, ho said: "When I entered the fire department I wsh a hearty,, vigorous man. It waa tbe cold exposure. and lack of rest, I suppose, that made my health break down. My nerves were In horrible shape. Night after night I would walk the floor, unable to get a wink of bleep. I had nervous chills and those were followed by hot flashes and terrible shooting pains. Then, right afterwards, 1 woud feel as. if I were freezing to death and. would bave to get close to a stove to get warm.- "For a year 1 dragged along In this way, growing worse every day. .My appetite was gone, my color a sickly yellow and my strength Just about wasted away with my flesh. ,-. : "1 spent a great deal of money for treat - ment, but could see no improvement. The doctors did not seem to be able to get at ths root of my trouble.- 1 waa really in a state ot nervous collapse when my captain spoke to me about my condition and said-1 had better try Dr. William' Pink Pllla for Pal People. Well, I did try them and had not been taking them for a week before a change camo for the better. My nerve seemed quieter. I could Bleep and feel rested In tha morning and food began to appeal to me again. The medicine wa helping ine and I continued taking the pills' until' 1 hid used about eight boxes. ' They ' brought about a complete cure. I cannot say bait enough in pralae ot Dr. Williams' Pink Pills, tor they saved my life. ' I should be In my grave now Tut for these pills." Mr. Steblln' friend all know what Dr. Williams' Pink Pills for Pal People' ac complished for him.' and his story 1 Im portant to all who are auffering from nerv oua troubles. Dr. William' Pink Pills for Pale People are unlike other medicines because they act directly on the blood and nerves. This make them Invaluable tn such diseases aa locomotor ataxia, partial paralysis, St. Vitus' dance, sciatica, neuralgia, rheuma tism, nervous headache, the after-effects ot the grip, palpitation of the heart, pale and sallow complexion and alL forma ot weakness either In male or female. Dr. Williams' Pink Pills for Pale People are old by all dealers, or will be sent postpaid on receipt of price, fifty cent a box, or six boxes tor two dollars and fifty cents, by ad dressing Dr. Williams Medicine Company, Schenectady, N. Y. . A Large Third Floor Office This office face eaat and has en trance on th fojrt, with approach through the broad corridors overlook ing the court with it fountain and grand stairway of THE UEE BUILDING Thl room Is 18x33 feet, and If de sired ran be divided so a to arrange fur private oftlcea to suit the tenant. It also has a very large vauK, and the rental price of $no per month In cludes heat, light, water and Janitor aervlce. R. C. PETERS & CO.. Rental Ajcntt, CR0LNR FLOOR Bee Building-. AMIIKMENTI. BOYD'S Wdnig'ere"- ... ,,e. - THI AFTERSOQX TOMGIIT. "THE WIZARD OF OZ" Prices Matinee. I5o to 11: niht.'2o to 81.60. Curtain rises promptly at 8 o'clock. Sunday Afternoon. Night and Monday. THIS KltHT BKKOItK CliHIMTM AN. Trices Mat., 25c, 5ur; night, 2c. 60c,-76c. Tuesday r.d Wednesday Mat, and Night, "TIIK STOKK. Prices Mat.. 2Sc to $1: nlBht. 25c to II .50. Seats on sale today. Telephone 1531. Matinee Today, 2:10 Tonight, 8:15. B spoil. Carroll Johnson. Qenars A Blly, Is Delhosu, Jlarmony Four. Lew Well, McConnell Sisters and the Klnodrome. TKICtb lac, Sac, boc HOTttle. Ths MILL1RD. 1 3t a ami llualti lia, OMAHA, KH. maba'a leading Hotel. . PfcIAl,Y-tfTI HEIi LUNCH KON, FiKTV CKNT8, 12 K to 2 p m BITNDAT. : p. m. DINNER, tte. Rtaadtly Increasing limine., hss necessi tated an enlargement ot this cat, doubling It former capacity,