Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 24, 1902, Image 1

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    The Omaha Daily Bee.
ESTABLISHED JUNE If), 1871.
OMAHA, MONDAY MOUNING, NOVEMBER 24, 1902.
SINGLE COPY TII1IEE CENTS.
REPORTS ON FENCES
Colonel Moiby Deali at Length with the
Troublesome Question.
CITES THE LAW IN REGARD TO THE SAME
Has No Discretion Except to Compel Cattle
men to Kemore Them.
TAKES UP ALLEGED FRAUDULENT ENTRIES
Van Holding Under Them Not Protected by
a Color of Titla.
MANY THOUSAND ACRES ARE INVOLVED
Parties Who Krect Fences Pay Tfo
Attentloa to Xottces to Poll Them
Down I'uleae Harked In
by Rait.
(From a Staff Correspondent.)
WASHINGTON. Nov. 22. (Special.) The
question of fences on the public domain
' erected by cattlemen and the widows' cn
triei of land alleged to be for their benefit
la Just now attracting much attention In
Washington as well as In Nebraska. Colo
nel John S. Mosby, special agent of the
Interior department, has been In charge of
the Investigation and was called to Wash
ington to make his report and confer with
the secretary. Following is his report and
the correspondence regarding the same:
"WA8HINQTON. D. C. Oct. 23, 1902.
The Honorable, the Secretary of the In
terior: Sir I haVe the honor to report
that I was appointed a special agent of the
general land office In July, 1901, and was
assigned to duty In the 'McCook district,
.Nebraaka, and the Sterling and Akron dis
tricts, Colorado. I arrived at Akron, my
headquarters, on August 8, 1901. I found
.on examination that a large portion of the
public lands in Colorado were covered by
abandoned and expired entries, or were in
closed by fences that excluded the lands
."rom settlement and appropriated them as
private property of associations of stock
men. A great many such entries were re
ported for cancellation, and the way was
'hus cleared for settlers. Ranchers who
l.ad no fences and desired a free range for
I heir cattle made complaint of the grlov
( nca of fences that excluded them from the
use of the publtc lands for pasture, and
i.egregated them as the personal property
uf individuals, while many gave Informa
tion, confidentially, who were not willing
to incur the hostility of the powerful cattle
barons. As such lnclosures deprived cltl
ens of their right of pasture on the publlo
domain, and were an obstruction to its set
tlement, I considered it as much my official
duty to investigate and report every case
of unlawful fencing as It it had been a
. fraud on the revenue, and I had been an
agent of the treasury.
Quotes His Instructions.
"The instructions of February 6, 1902,
nyt
Toil wm, ' therefore,' give notice verbally
r ty letter to all persona maintaining In
cisures or drift fences on public lands
Vlthout color of title, railing attention to
i iHlr violation of the law and advising them
nat In the event of their failure to remove
thii fences within sixty days institution of
;uit will be recommended.
You are directed to use utmost vigilance
td activity In examining and reporting
ipon unlawful lnclosures or drift fences
!u your districts.
"The Instructions of October 3, 1902, say:
While, Judging from the numerous com
plaints received at this office, unlawful
Knrlng of public hind by stockmen is still
carried on to a gteut extent In the western
section of the country, comparatively few
cases are reported by special agents, not
withstanding exlbtlng instructions Issued by
'he land department with the aim of brenk-
iiig up the pructice of controlling public
tids by fencing In violation of the act of
iVbruary 28, 185 (23 Btat., 821).
You will push the fencing matter vlgor
CUHly hereafter In order that all the public
land unlawfully occupied may be opened
o the general public as soon as possible,
tlng strictly governed by the circular
order of February 6, 1902, and so much
of the Instructions to special agents at
tached to blank form (4-4: w), etc.
"I have endeavored to execute the law
and to conform to the instructions of the
general land office.
Law a Dead Letter.
"I discovered that while the act of Feb
ruary 25, 1885, forbidding the fencing of
public lands, had been vigorously enforced
during Mr. Cleveland' first administration,
It had been dead letter for many years.
As some evidence that the statute had fallen
Into "innocuous desuetude," I will state
that among the papers turned over to me
by the special agent who for many years had
been on duty in the Sterling district was
a complaint which had never been acted
upon, against the Pawnee Cattle compuny
for unlawful fencing in Morgan county, Col
orado. This company la a wealthy corpora
tion, with headquarters at Denver. I Im
mediately examined the fence and found
that, by cannectlng it with the fences of the
B. A M. and the Union Pacific roads and
thus forming a perfect incloBure, the Paw
nee Cattle company had been for a long
time enjoying the exclusive use of about
35,000 acres of public land. I gave notice
to the president of the company to remove
bis fence, and sent !he affidavit of a cltlien
aa to the character of the fenea to the dis
trict attorney at Denver and asked him to
tiegln a judicial proceeding to compel Its
removal. The district attorney raised many
frivolous objections to the sufficiency of
the affidavit, a copy of which 1 had sent to
the general land office, and the special
agent volunteered to write me a letter of
advice, to which I paid no attention except
to tell htm that he did not seem to under
stand the law. I forwarded my correspond
ence with the district attorney and the
special agent to the general land office and
suggested that the Department of Justice
be requested to instruct the district attor
ney as to his duty. I suppose instructions
were given, as the district attorney soon
afterward discovered that the affidavit was
sufficient, and began proceedings that re
sulted In the removal of tbe fence. The
Pawnee Cattle company also had another
Inclosure in Logan county, Colorado, which
Was removed tn the same way.
"In Phillips county, Colorado, the Witber
tee brothers had a fence sixty miles long
that formed a complete Inclosure. There
were a few homestead entries Included in
It, but those were well known to be under
tha control of the Witberbees. The fence
bad stood ten years, and the special agent
bad several times been in the neighbor
hood examining abandoned entries. The
Witberbees were notorious whltecappers
aud a terror in the community. I gave them
notice to remove their fence in sixty days.
They pulled it down without a murmur. My
correspondence with them is on file in the
general land office. I rite these raits as
examples of the way the law has been en
forced by my prtdceore and myself.
While on duty in Colorado a great many
complaints of unlawful fencing came to me
from outside the territory where I was a-
Continued on Second Faf.)
EXPLAINS VENEZUELA DISPUTE
Itepablle's Minister of Interior I)r
rrlbes Aliened British In
friendly Arts,
CARACAS, Nov. 23. PIbc" Jng Venezu
ela's relations. Dr. I.oprz i.n " minister
of the Interior, said: C '''j ,
Toward the United PtntesV,
tertulns the kindliest feelings fli. "
bers with gratitude the attitude - 't
great republic in the past. .
The Krlil!h sloop-of-war Fantome V
tered the Orinoco without permission nno
I'rrsidtnl Castro his directed n protest
against this Infringement on Venezuelan
sovereignty. It hus been recognized that
the principal foreign ships shall ask per
mission to enter the river, and we cannot
understand the disregard of this rule.
A similar protect has been sent regard
ing the artion of the (Serman warship
panther, whieh also entered the Orinoco.
Another act which has provoked aston
ishment was the hoisting of the Hrltlsh
flag on tne Island of Patos. Venezuela's
rijnt to this Island rannot be questioned,
(leofrraphlcally, historically nnd politically,
It Is Venezuelan territory. With the
Island of Trinidad, it Is reeoanized as
forming part of the old Spanish colony.
Hy the treaty of Amiens, Trinidad was
red.-d to Ureat Britain, but Patos re
mained nnd was recognized as an integral
part of Venezuela.
The Kngllsh claim to Fatoe Is In no
wise based on the act of the former
Spanish government, and was not recog
nized by Spain. If further recognition of
Venezuela's right Is needed, the fact that
the Island Is situated scarcely three miles
from the mainland, while It Is ten miles
from Trinidad, Is sufficient.
Venezuela's position Is rnnwn by the
facility with which we have replied to
every argument In support of the Urltlsh
contention.
MANILA WANTS GOLD MONEY
Silver Drops Again, Iqnerilng Busl
neas and Government Mea
Together.
MANILA, Nov. 23. Silver has suffered a
further decline and the government has
Issued a proclamation making the official
rate $2.60 for $1.00 gold. The former rata
was $2.50.
The possibility of Mexico and the
Straits Settlements adopting a gold stand
ard have greatly weakened the Indian and
Asiatic silver market. Large quantities of
Mexican' silver are coming from China, as
it is believed that much gold la being cir
culated here on account of government ex
penditures. Native officials are beginning to petttlon
for salaries to be paid in gold.
The secretary of finance says:
There la nothing to indicate a more
hopeful future for the currency question.
It will probably be as bad as now. If not
worse, until congress acts and gives us a
stable cutrencv.
MEXICO, Nov. 2S. The heavy advance in
the gold premium has caused great excite
ment In financial and business circles. The
premium has been rising all the week and
has now reached 171. It Is generally con
ceded that a gold standard cannot long be
delayed.
INGALLS FLOATS OFF REEF
Spanish. Skipper Asks One Hundred
Thousand Dollars Salvage
for Aid.
' MANILA, Nov. 23. The transport In
galls, with General Miles aboard, which
struck on a reef on Saturday, floated at
high tide the same day and will arrive here
tomorrow.
Captain Bruglre has explained that he
was trying to save twenty minutes by run
ning through the charted channel between
the reefa In the center of the Gulf of Albay
instead of following the usual course. A
Spanish vessel which was asked for as
sistance demanded $100,000 (Mexican)
salvage, but the terms were declined. The
crew pumped out the water ballast and
the ship floated without aid.
PUBLIC FIGHTS SOLDIERS
Anti-Military Sons; in French Theater
Precipitates a Nasty
Riot.
TOURS, France, Nov. 2S. A violent riot
broke out this evening In the Alcazar
music hall owing to antl-milltary songs be
ing sung. A party of officers belonging to
the garrison, hissed while the public ap
plauded and threw missies at the officers,
wounding several of them. The occupants
of the galleries then Invaded the floor
where a free fight ensued until the police
cleared the building.
An antl-milltary demonstration in the
streets followed, a crowd escorting the
singer, the cause of all the trouble, home,
and attempting to mob all the officers they
met on the way.
RIVAL ARMIES DISPERSED
Colombian Revolt Ends Completely
with Slanatorc of Peace
Treaty.
PANAMA, Nov. 23. Troops are already
being sent away and nearly 1,000 will leave
tonight for Barranquilla. As soon aa the
revolutionary gunboat Padllla arrives the
soldiers in the Cauca province will ' be
sent to Buena Ventura and General Sala
tar, governor of Panama, has set all the
political prisoners at liberty.
The commander of the British cruiser
Phaeton offered to communicate the news
cf the treaty of peace to Captain Marma
duke, the commander of Bogota. The offer
was accepted and Phaeton sailed last night.
CHICAGO PIANIST TRIUMPHS
Paris Audience, Rowdy at First, Ends
Performance with Tumultuous
Applause.
PARIS. Nov. 23. Mrs. Bloomflcld Zelsler
of Chicago, the pianist, scored a notable
triumph at the sixth subscription concert
given by the Lamoureux orchestra at the
Nouveau theater Ibis afternoon.
When Mrs. Zelsler appeared a noisy anti
foreign demonstration occurred, necessi
tating the intervention of the municipal
guards. In spite of the demonstration, how
ever, the audience rose in enthusiastic
approval, with the composer, MosikovskI,
leading the bravos. '
POPE TO WAIT THREE YEARS
Says He Mill Sea Archbishop Bra.
cheat Asjala la that
Time.
ROME, Nov. 23. The pops today gave a
farewell audience to Archbishop Brucbesl of
Montreal. His holiness afterwards went to
the throne room, where Monsignor Brucbesl
presented all the Canadians now In Rome,
Including several Protestants.
On leaving Archbishop Bruchesl said: "I
hope to see your holiness on my next visit
to Rome three years hence."
The pope promptly replied: "I will wait
for you."
MOVE MILLION TONS IN DAY
Pittsburg Linei Relieve Blockade bj Super
human Effort.
NEARLY ONE THOUSAND TRAINS START
Forty-SIa Thousand Cars Are t'sed to
' Send Frelaht Ahead and Enable
. Mills to Resume Work
-. , Aeala.
'J
PITTSBURG, Pa., Nor. 23. After thlrty-
rlx hours strenuous activity the Pennsyl
vania railroad has made a comparative
clean up of Its congested terminals.
It is estimated that during twenty-four
hours, 929 trains, consisting of 46,225 cars
were moved in and out of Pittsburg as
follows: Pennsylvania, 294 trains, 14,700
cars; Fort Wyne, ISO trains, 9,000 cars;
Panhandle, 245 trains, 12,025 cars; Balti
more ft Ohio, ninety trains, 4. 500 cars;
Pittsburg & Lako Erie, 120 trains, 6,000
cars.
The estimated tonnage Is 1,756,550,
Tonight the yards are freer than at any
time within five months, but the receipts
destined for Pittsburg shippers will fill
them again tomorrow.
Tho work accomplished in the yards of
the Allegheny Valley , and West Pennsyl
vania division of the Baltimore ft Ohio was
equally great.
In the yards of the Pittsburg ft Lake
Erie and Baltimore ft Ohio, good work
was also accomplished.
The number of accidents to trainmen
during the day was high. Before 6 eight
men were taken to the hospital.
PITTSBURG, Pa., Nov 23. One man waa
killed and seven others seriously injured
by the explosion of a locomotive boiler at
Thompson, on the Monongahela division of
the Pennsylvania railroad today. Tbe men
were gathered about the pilot of tha en
gine when the explosion tore out the en
tenslon front, catching the group, who
were directly in its track.
ARRANGES LIVE STOCK MEET
Secretary Moves to Kansas City and
Pushes Convention Arrange,
ments.
KANSAS CITY, Nov. 23. C. E. Martin,
national secretary, has removed the head
quarters of the National Live Stock asso
ciation from Denver to Kansas City and
is making active preparations for the an
nual convention which is to be held here
from January 18 to 16.
Among the moat Important subjects
which will then be discussed are plans to
oppose tha contemplated packing house
merger, tbe contemplated removal of tha
tariff on wool, hides, meats and live stock,
to urge . the Grosvenor anti-shoddy bill,
the amendment to tbe census act so aa
to provide tor a classified census of live
stock, and to amend the Interstate com
merce act by extending the time limit for
unloading liva atock in transit from
twenty-eight to forty boura.
Among those Invited to address the con
vention are President Roosevelt, " Hon.
James Wilson, secretary of the Depart
ment of Agriculture; Hon. William M.
Springer. Washington, D. C.,; Governors
A. V. Cummins of Iowa; De Forest Rich
ards, Wyoming; A. M. Dockery, Missouri;
John Sparks, Nevada; E. P. Savage, Ne
braska; A. G. Leonard, Chicago; ex-Gever-nor
D. R. Francis, St. Louis.
RAILS TO CROSS CONTINENT
Grand Trunk Will Provide Third
Canadian Railway from
Oeeaa to Oeeaa.
MONTREAL, Nov. 23. Canada Is to have
a third transcontinental railway, extend
ing from ocean to ocean. The announce
ment was made today by Charles M. Hays
of the Grand Trunk. Construction will be
gin as soon as necessary legislation can be
obtained.
The Grand Trunk Is behind the new road
and will operate It, but it will be con
structed under a separate corporate name,
the Grand Trunk Pacific Railway company.
The new line will be about 8,000 miles
long and cost from $75,000,000 to $100,
000,000. According to the present arrangement the
new system will almost parallel the Ca
nadian Northern, now in course of con
struction, through New Ontario, starting
from North Bay or Gravenhurst, Ont., and
extending through Manitoba, the Northwest
territories and 'Urltlsh Columbia, to Butte
Inlet or Port Simpson.
Mr. Hayes added that the lino would
probably be tn full operation within five
years and that steamship lines on the
Pacific would come aa a necessary adjunct.
Warn Lad rones Before Haaflag,
MANILA, Nov. 23. The government has
Increased the constabulary In the Island
of Leyte and has ordered a careful Investi
gation of the condition there. Tbe ordi
nance making highway robbery a capital
crime has been translated into the various
dialects of the Islands, and tha constabu
lary is circulating coplea of the law
throughout tbe districts Infested by lad
rotilsm. Build Mexlcaa Hallways.
MONTEREY. Mex.. Nov. 23. Tbe Na
tional Railroad of Mexico has decided to at
once construct tbe proposed road from the
main line to Metamoraa. Two routes have
been surveyed, one from Cemarge to Sa
linas, Just north of Monterey, and tbe other
from Metamoraa to Monterey.
Object to Bishop Spalding.
ROME Nov. 23. The appointment of a
new archbishop of Chicago has been post
poned principally on account of objections
received concerning the doctrines held by
Bishop Spauldlng. The question will be dis
cussed at a meeting of tne propaganda
on December 15.
Takes Malaria Prise.
LONDON, Nov. 23 It is stated that
Major Roes, the principal of the Liver
pool school of tropical medicine will be
awarded the Nobel malaria research prize
of $15,000. He conducted several expedi
tions into the mosquito breeding districts
of West Africa.
Turks Torture Peasaats.
CONSTANTINOPLE. Nov. 23. According
to advices from Monastlr the Turks are in
flicting terrible tortures on Bulgarian
peasants In order to extort confessions
which may lead to the discovery of revo
lutionary bands.
Kitchener Is at Adea.
ADEN, Arabia. Nov. JU. Lord Kitchener
has arrived here on his way to India and
has conferred with the commandant. Gen
eral Maltland, concerning tha campaign
which la proceeding against tbe Mad Mul
lab. y
PLACE OFFERED TO PECKHAM
lllll Desired Soted Jurist te Be
the Caadldate for Governor.
NEW YORK, Nov. 23. Colonel W. O.
Rice, who was United States civil service
commissioner under the last Cleveland ad
ministration, sa'i today: "It may interest
fellow democrats that ad distinguished a
fellow of the party as Justice R. W. Feck
ham of tbe United States was offered,
so far as any one but the' convention Itself
could do so, tbe last nomination for gov
ernor At Mr. Hill's request I went to see
Justice Peckbam the middle of August at
Saranac lake, where be was spending the
summer, and informed him that while it
was not within the power of any one to
tender a nomination, it as Mr. Hill's de
sire that he should1' a'low his name to
come before the convention; that Mr. Hill
and others believed there was a probabil
ity of tbe election of the democratic ticket;
that Judge Gray was te be renominated;
that the other names on the ticket would
be those of men of high character and
ability, and that If elected governor he
(Justice Peckham) would te Inevitably the
most prominent democratic candidate for
the presidency In 1904, and that he
would have, so far as . Mr. Hill could
promise It, the ardent support of New York
state In the national convention. Justice
Peckham replied that even the certainty
of an election as governor and after that
.the assurance of the nomination for
president would not swerve him from his
determination not to be a candidate for
political office. Personal reasons compelled
him to this decision."
MAD ELEPHANJJOLLS KEEPER
Gypsy Loses Reason la Trala Smash,
Crashes Attendant aad
Escapes.
SAVANAH. Ga.. Nov. 23. Gypsy, the big
elephant belonging to a circus which In
jured its keeper at Chicago several years
ago, went crazy yesterday afternoon and
killed its keeper, James O'Rourke.
The circus train had been. In a wreck at
Tlfton early in the day, when several of the
animal cars were wrecked and two or
three trained horses killed, Gypsy wsa In
a highly nervous state when the train
pulled out to Valdosta, the next show point.
Six miles from that, town she became
so noisy and restless that O'Rourke en
tered her car to try to quiet her. The mad
brute attacked him and crushed his life
out against the aide of tbe car.. Afterwards
Gypsy escaped to the woods. Her absence
waa noted before the train left the sta
tion and a hunt was organized. She was
abot a number of times before ehe auc
cumbed to rifle bullets In tbe brain.
ROBBERY TROUBLES BROKERS
Chicago Mall Thieves Make Off
with Stocks aad
Bonds.
CHICAGO, Nov. 23. Chicago's mall
wagon robbery of last night will cause cer
tain New York stock Brofr. considerable
Inconvenience, aa bne'oYfb.r-to4en ' mall
pouches contained several packages of
atocks, bonds and similar securities, which
were being sent to New York for use- when
the Stock exchange opens on Monday. One
man, a member of the Chicago Stock ex
change, Ir, said to have lost a paper of the
face value of $100,000. This paper is not
negotiable, but its loss may cause much
annoyance, aa the brokers affected will
probably have to furnish a bond to cover
the temporary lack of the security.
As near aa can be estimated the robbers
secured between $12,000 and $13,000 In cash,
certified checks and other negotiable paper.
Of this $2,900 belonged to the postofflce,
tbe receipts of one of the sub-stations dur
ing the day.
JOHN DILLON IS TAKEN ILI
Catches Chill While In Chicago and
Cannot Address Irish
Meet ins;.
CHICAGO, Nov. 23. John Dillon, th
well known Irish leader, who came to
Chicago to address a meeting here tonight
in celebration of the Manchester martyrs
anniversary, was taken suddenly ill today
and was unable to appear. While driving be
caught a chill, which waa followed by a
high fever and tonight his temperature is
104. The attending physician says, how
ever, that he is not seriously 111.
Michael Davitt, was the principal apeaker
at the evening meeting. Among the other
speakers was Colonel John F. Y. Blake,
commander of the Irish brigade that fought
for the South African republics during the
recent war with England.
Nearly $10,000 was secured for the Irish
cause.
DYNAMITE WRECKS SALOON
Noaunloa Miners Tbrowa from Bed
by Explosion, but Escape
Vnlajared.
MAHANOY CITY. Pa.. Nov. 23. The most
destructive dynamite outrage that has oc
curred in the coal regions since the strike
began was perpetrated here this morning.
The dynamite, with a fuse attached, waa
placed on the bar of a saloon. The front
part of the building was blown across the
street and the adjoining buildings on either
side were badly wrecked. Windows were
broken in every house In the square.
The saloonkeeper and his family were
sleeping on the third floor and escaped
without serious injury although all were
thrown from their beds. His two sons are
nonunion men and worked during the
strike.
ACHELE MUST STAND TRIAL
May Appeal, However, If District
Court Decides Against
Him.
DENVER. Nov. 23. County Clerk Julius
Achele must stsnd trial for contempt.
The supreme court will tomorrow an
nounce its decision that an appeal for a
writ of prohibition is not a- proper pro
cedure. After Judge Johnson has given
Judgment the case may be taken to the
supreme court on a writ of error.
MUST FACE SECOND JURY
Oklahoma Marder Maapect Mill Be
Tried Aaala, as Jury Falls
ta Asjree.
LAWTON, Okl., Nov. 23. The second
trial of B. H. Howie, on the charge of
shooting Robert Gore, has been called for
bearing.
Howie was formerly a political leader in
Alabama. Tbe men quarrelled over a tomn
lot. Tbe Jury disagreed at the first trial.
INDEPENDENTS ARE RESTIVE
Fear Arrangemeat of Strike Difficulties
Will Fress Hard on Them.
big companies dominate small ones
Have Swallowed Many In Two Years
and Can Most of Others When
They Want to Have
Them.
8CRANTON, Pa., Nov. 23. The position
of the Independent coal operators with re
gard to the attempt to settle the strike
dispute without arbitration has not been
definitely derided. They held a meeting
last night, at which twenty-six compa
nies were represented, and ap
pointed a eommittee of nine to meet the
presidents of the coal railroads and learn
what they are to expect providing they
adjust the labor dispute without arbitra
tion. The independent operators will make a
firm stand for some recognition In the set
tlement with tbe miners. They feol that If
An increase Is agreed upon they should
want some concession from the coal-carrying
railroads In order to compensate them,
as they do not sell their product directly
to the consumer, but turn it over to the
railroads, who give them, generally speak
ing, 65 cents on every $1, retaining
35 for hauling and selling the coal. This
sum they will try to get increased to 70
or 75 cents.
They say they can complicate matters
if they desire to, but feci it would not be
fair to the public or themselves.
A common remark heard in the anthra
cite region is that "no matter what the
big companies do, the smaller concerns
wilt have to go along." but they do not
see It In that light. The large companies
have been gradually absorbing the Inde
pendent companies and it Is only a ques
tion of time when they will have control
of moat of them.
In 1900 Independent companies mined 25
per cent of the entire output, but now
they control only 15 per cent.
In the meantime matters stand much aa
before, 'though it is said with more or
less assurance that the men will receive in
the nelghborbood of a 10 per cent Increase,
a nine-hour day, the weighing of coal to
be adjusted aa best It can and agreements
between the men and the company by
whom they are employed.
These agreements, it is expected, will
run for two or three years from Novem
ber 1.
A representative of the miners said it
was possible the men employed by each
company will be given a committee to deal
with officials and. the privilege of calling
into the conference the national president
of the union.
Operators Made First Move.
PHILADELPHIA, Nov. 23. The public
Ledger tomorrow will publish -a public
statement by Wayne MacVeagh covering
the efforts that have been made to bring
about an amicable adjustment of the dis
pute. Mr. MacVeagb says:
The parties were contesting-evefy'tricTi
of ground when the great railway corpora
tions volunteered an advance of 10 per cent
to their employes.
As soon as such an advance was an
nounced, It seemed to be taken for granted
that, notwithstanding the advance made
two years ago, a like Increase would now
be granted the miners and the question of
wages Deing out or me way, tnere was a
general feeling In favor of trying to adjust
the other differences.
While I was examining Mr. Mitchell I
was asked to meet him and his counsel in
conference to make an effort to reach
some adjustment of an amicable nature.
We dlscutsed the matters In dispute on
several occasions and at great length, and
at last, by the invaluable assistance of
Mr. E. 13. Thomas, the president of the
two companies I represent, the basis of a
fossthle adjustment was reached, and when
t was submitted to the other gentlemen,
who, with Mr. Thomas, h.W signed the let
ter requesting the appointment of the com
mission, they all concurred in approving it
as a basts of negotiations.
GIRLS' UNIONS FIGHT SELVE?
Clothing: Organisations In Chicago
Struralc for Supremacy and
May Strike.
CHICAGO, Nov. 23. Strike that will par
alyze the clothing Industry of Chicago Is
expected tomorrow as a result of tbe de
cision of the American Federation of Labor
on the controversy between tbe United
Garment Workers and the Special Order
Clothing Makers' union.
The fight for supremacy, which tied up
the clothing business in Chicago a few
weeka ago, will be renewed with more
vigor than ever.
By the decision of the convention the
charter granted the Special Order union
is revoked and the Garment workers given
complete Jurisdiction. The union is com
posed entirely of girls and ia the largest
in the city.
RUSSIAN CHURCH IS OPENED
Gorgteas Scene of Barbarle Splendor
Marks Services ia New
York.
NEW YORK, Nov. 23. With Imposing
ceremonies, to which extraordinary splendor
was lent by the presence of many gorge
ously attired ecclesiastics, members of the
Russian embassy in brilliant unlforma and
a guard of Cossacks fully armed, the new
Russian orthodox church of St. Nicholas
was consecrated today by Archbishop Tlk
bon of San Francisco, assisted by Archi
mandrite Raphael.
The church was thronged, so great being
the crush that guards at the doors were
swept aside by the crowds.
WESTERN MATTERS AT CAPITAL
Speaker Hcndrraoa aad Other West
era People Arrive la
Washington.
(From a Staff Correspondent.)
WASHINGTON, Nov. 23. (Special Tele
gram.) Among the prominent arrivals to
night were Speaker Henderson, Senator
Allison and E. Rosewater. Henderson ex
pects to confer with the president tomor
row concerning impending national legisla
tion. Senator Dietrich accompanied the
party from Chicago to Harrisburg for Phil
adelphia, where be will spend Monday
with bis daughter.
LABOR OPPOSED TO MURDER
Union Mea Coadema Aasasslaa of
Colorado Mine Man
aaer. TELLVRIDE. Col., Nov. 23. The Tellu
rlde Miners' union has adopted resolutions
condemning tbe cowardly assassination"
of Arthur L. Collins, "as being wholly op
posed to the spirit and policy of organized
labor."
I
CONDITION 0FJHE WEATHER
Forecast for Nebraska Fair Monday,
Coolei in Northern Portion; Tuesday
Fair.
Temperature at Omaha Yesterdayi
Hour. Dea. Hour. Dear.
ft a. ni i p. m (in
O a. m u. it p. m R7
T a p. m US
Ha. m. MH 4 p. m 5H
4t n p. m fltl
in a. m 4 1 p. m M
t 4 T p. m Rl
1! m B X p. ni no
t p. m no
WYOMING PRELATE INSTALLED
Sew Bishop Is Formally Inaugurated
with Imposing Ceremony
at Cheyenne.
CHEYENNE. Wyo., Nov. 23. Pontifical
high mans was celebrated at St. Mary's
cathedral this morning when tho Right
Rev. J. J. Keane, formerly of Minneapolis,
assumed the bishopric of the diocese of
Wyoming.
The Rev. Father Walsh of Cheyenne waa
celebrant; Father Gegcnett of Omaha, dea
con, and Father Cummlskey of Laramie,
assistant priest.
This evening a reception was tendered to
the new Bishop Keane. All citizens of Chey-
enne, regardless of rellglou- beliefs, had
been Invited, and a great many renpondnd.
Mayor Murray presided. .
Governor Richards welcomed Bishop
Keane warmly and tbe bishop responded
gracefully.
SECOND MURDER IN YEAR
Accountant Dies In Cincinnati Factory
Where Another Man Waa
Killed in Spring.
CINCINNATI, Nov. 23. Edward Saat
kamp, accountant and acting superintend
ent of the Robs Machinery Tool com
pany, was killed today at the factory here.
His body was found tonight in a pool of
blood and surrounded by every indication
of a struggle, but no clue to the deed can
be found.
The only other person about the build
ing was the colored Janitor, but the moet
vigorous "sweating" by the detectives has
failed to bold him.
Last spring John Slefert, one of the old
est employes of the company, was found
murdered in the engine room of the same
factory and tho mystery of that deed has
never been solved.
SHOOTS AT RUNNING GIRL
Michigan Eagllshman Makes Proposal
aad Plres When she
Refuses.
CHEBOYGAN. Mich.. Nov. 23. Eva
Featherstone, 16 years old, was shot in the
back today, probably fatally, by one of a
party of five riotous fellows who passed
her in a wagon. John Riordan, who
recently came here from England, ia under
arrest. V
The-girl's assalUae jumped from the
wagon and it la claimed made an improper
proposal, the shot being fired aa the girl
waa running away. Miss Featherstone has
Identified Riordan aa her assailant.
MASONS LAY CORNER STONE
Start Work on New Hundred Thou
sand Dollar Hospital la
Ohio.
AKRON, O., Nov. 23. The Ohio grand
lodge of Masons today laid the corner
stone of the new Akron city hospital. Dr.
W. A. Bolt of Kenton, grand master of
Ohio, was in charge.
Promlent members of the order through
out the state assisted. The hospital will
cost $100,000 and Is the gift of two wealthy
residents of this city, O. O. Barber and
Colonel George T. Perkins.
KILLS SELF WHILE"ASLEEP
Kentucky Somnambulist Shoots' Him
self In Bed with Pistol He
Slept I'poa.
LEXINGTON, Ky., Nov. 23. George S.
Shelby, aged 26, great grandson of Isaao
Shelby, first governor of Kentucky, killed
himself today with a revolver as he lay In
bed.
He was subject to somnambulism and It
is believed that he fired the ' fatal shot
while asleep, bis custom being to sleep with
a pistol under his pillow.
WILL NOW ENFORCE THE LAWS
Clevelnnd Police Close All Saloeas
Tight In Accordance with
Orders.
CLEVELAND, O., Nov. 23. In compliance
with strict ordera from the chief of police
the saloons were closed today.
Chief Corner has stated that the Sunday
closing law will be enforced from now on.
The reason for its non-enforcement hereto
fore was the alleged overruling of ordera
by higher officials.
HOLD JAILER JVHILE FLEEING
Teanessee Prisoners Tell Off Oaa of
Number to Keep Officer la
Custody.
KNOXVILLB, Tenn., Nov. 23. While one
prisoner held tbe Jailer six others escaped
from jail at Dandrldge late thla afternoon.
John Perry seized the Jailer and In the
struggle was unable to escape himself, al
though tbe othera successfully got away.
Officers with bloodhounds are scouring the
country.
PRESIDENT BACK IN CAPITAL
Remains la Car I'atll After Daylight
aad Thea nepalrs to His
Home.
WASHINGTON. Nov. 23. President
Roosevelt and hla party who visited Phila
delphia yesterday returned to Washington
today. Their train reached tbe outskirts
of the city at an early hour In the morn
ing, but waa sidetracked until 7:30, when
it was brought to the city and tbe mem
bers of tbe party repaired to their homes.
Movements of Oeeaa Vessels Nov. 23.
At New York Arrived Etrurla. from
Liverpool snd Queenfctown; Potsdam, from
Hotterdam, Laguscoxne from Havre,
Georgian from Liverpool.
At Movllle Arrived Columbia from New
York for Glasgow, and proceeded.
At Plymouth Arrived Blueiher from
New York for Cherbourg and Hamburg
and proceeded.
At Liverpool Silled Georgia for New
York.
At Queenstown Sailed Campania, from
Liverpool for New York.
At tj3UlhHm)ion Sailed Moltke. from
Hamburg and boulogus for New York,
WATER SUPPLY FIRST
fecrettrj 0f Interior Saj$ Irrigat:on Ma,
Go Slow to Succeed.
NO USE HAVING RUINS OF ONE FAILURE
Better Wait for Permanent Successful
Damj to Be Built.
SOON DEFINITE WORK CAN COMMENCE
Data it Being Secured j Corps of Trained"
Men.
PROTESTS ONCE MORE AGAINST FENCES
Says Publlo Domain Must Be Protected
at All Hasards So that Actaal Set
tlers Slay Have Rights Ac
corded Them.
(From a Staff Correspondent.)
WASHINGTON. Nor. 23. (Special Tele
gram.) The annual report of tha secre
tary of tho interior for the fiscal yeai
ended Juno 30 was made public today.
Tho year has been characterized by a
great Increase in volume of business, nota
bly so in patent office, general land office,
geological survey and secretary's office.
Probably the work of most interest tc
the west Is that In connection with th
irrigation laws.
The report says:
It ftas been considered wise at the out
set not to create separate irrigation ot
reoliimatlon bureaus with new bilkers and
untried regulations, but to permit a
steady growth and extension ot work
which may bo conxldercd as having beer
initiated in 1888 under Major Powell. Oreal
credit should be uKlgned to this far-seeing
and fearless nclentlet who, througt)
nib muture lite iiraed lit public and before
I'onareHs the importance of national re
clamation worka. The work, which was
oegun under Ills direction fourteen yean
ago, has, by process of evolution, be
come part of the hydographlc investiga
tion of the United Htates. The engineers
starting us young men In this work have
gained broad education and experience,
particularly In western or arid lands, and
many of them, between intervals of ser
vice for the government, planned and
constructed much Irrigation works.
Taking, therefore, thla body of men as a
nucleus, and with the guidance of well
tested rules and regulation of geological
survey, an cnKlneerltig corps has been
formed, UeslRitHted as the reclamation
service, and being for admln.atratlve
purposes, a branch of the geological sur
vey. The data already at hand concerning the
amount of water available, the locatlun of
reservoir sltea and the altitude and area of
catchment baelns has proved Invaluable In
beginning the work cf reclamation. These
fuels have been collected by men now
constituting the reclamation service, who
are familiar to them and Immediate prac
tical work Is thus possible, leading up to
the construction of definite plans and
speclticatious for reservoirs and main line
canals.
Although there Is thus available a great
mans of Information concerning arid land
and opportunities of leclamatlon, yet when
it comes to definitely recommending any
project great caution must be exercised,
and conaequent delay, especially with first
works, mubt be expected.
Few persons appreciate (tlfflcultles Insep
arably connected with aucUsstul hydraulic
construction. The construction of water
storage and Inlgatlon works of magnitude
Is in many respects still a matter of ex
periment. In nearly every part of the
country where large works have been com
pleted they have offered a series of sur
prises. Kven though carefully planned, one
part or another has had to be replaced or
changed. In government works It la of
prime importance that all designs should
be considered with unusual care, so that
errors may be avoided and the confidence
of the people in the finished work be fully
Justified.
The intense public Interest In the irriga
tion law is voiced In the popular desire to
see the water tunning oer the dams be
fore another season passes. No ona la morn
desirous than myself and my assistants of
bringing about such conditions, but it is far
more Important that water should be run
ning over well-constructed works for an In
dennlte number of years than through ruins
of a single failure.
Illegal Fcaclua; of Land.
Another matter of Interest which at pres
ent haa Its storm center tn liie United
States court at Omaha ia tbe prosecution
ot tboso who have illegally fenced public
lands. Upon tbia subject tbe secretary
says:
The unlawful fencing of publlo lands for
grazing purposes haa greatly Increased In
some sections of tiis west and grown so
flagrant as to cause much concern. Vig
orous measures, nowever, hsve been pur
sued regarding thesu unlawful occupants
of the publlo don.uln, unu prompt steps have
been taken looking to the Institution of
civil or criminal proceedings against them.
The avowed policy of the government to
preserve the publlo domain fer homes for
actual settlers hus no more implacable and
relentless foe than the class that seeks
to occupy public lands for grating purposes
by maintaining unlawful fences thereon.
There is now pending before congress a
bill to provide for leaning, for grazing pur
poses, of the adjacent public domain and
reserving all rights of homestead and min
eral entry, the rentals to be a special fund
for Irrigation.
Should that bill become a law the pub
lic domuln in sixteen statea and territor
ies, aggregating &2S,U00,o0u acres, practic
ally all the vacant publlo domain west of
the Mississippi, would be subject to
lease at i cents pr acre for ten years, -with
the privilege of renewal for ten
years more.
During the last fiscal year there were
made within that area M,8G4 original
homestead entries and 27.904 final home
stead entries, embracing over ll.Oou.OoO
acres and affecting K5.5o persons, and
during the present fiscal year indications
are that more entries will be made, affect
ing more people and embracing a greater
area. It is needless to say that such bill,
if enacted, would place the last acre of
deslrablo public land out ot reach ox"
hoineseekers and defeat the purpose of ths
fovernment to preserve the public domain
or homes for actual settlers. It would
also defeat the corporations of the re
clamation act and make possible ths form
ation of a land monopoly never contem
plated by the public land system, but
which, on the contrary, It Is one of the
purposes of that system to prevent.
During last year there were reported to
the general land office 153 caees of unlaw
ful fencing ot publlo lands, embracing
8 'J52.844 acres. In one case one man waa
shown to have under fence over 80, (no
acres of lands subject to disposition uivler
the publlo land laws, but which he with
holds from such disposition In defiance of
the law he Is openly and notoriously vi
olating, and of the rlghta of those who are
entitled to the benetlts and protection ot
the publlo lands system.
There were also reported as having been
removed during the year. In compliance
with notice, nine enclosures, embracing an
area ot 24,564 acres: 144 cases were re-
fiorted as In process of removal or were
aid before the United States attorneys
of various states and territories for
action under the act of February 23, lxso,
embracing 3.92fc,280 acres.
Peasloas Still lacrease.
The report of the commissioner of pen
sions shews a total number ot pensioners
on the roll of 1,041,687, a net gain over the
previous year ot 1,711, and exceeding In
number any former year. Tbe disburse
ments for army and navy pensions during
tbe year were tl37.B04.267.99. The expendi
ture for navy pensions waa $3,849,022 24.
The disbursements for pensions by tbe
United States from July 1. 1790. to June SO.
18C5, were $58,440. 444. 23. Since 1865 the dis
bursements were $2,804,408,857 22. and for
cost of maintenance and expenses $91,634,
717.92, or a total of $2.96.03.S7ll2.
Tbe commissioner suggests laws prohib
iting tbe payment of pensions to widows
w ho married old pensioners, finally deciding
disputed points, finding better method of
examining applicants, provision for aged