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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 17, 1902)
The Omaha: Daily Bee. ESTABLISHED JUNE 10, 1871. OMAHA, WEDNESDAY MORNING, DECEMBER 17, 1902-TEN PAGES. SINGLE COPY THREE CENTS. y . CRAY ASKS NEW LAW 8nggtU Pining Act to Prohibit Children Working at Bight PROPOSAL RESULT OF GIRLS' EVIDENCE f - Little Onei' Muery Dplj Touches Jurist' i Big Heart. HEARS FATHERS EARN LARGE SALARIES One Makes Thousand and Another JTise Hundred in Tear. INDEPENDENT OWNER FAVORS BETTER PAY Thinks I,abor Has Right to Combine and Should Receive Blgaer Per rnti( ol Heavy Profits Made by Operators. SCRANTON, r., Dee. 16. Notwith standing that the mine workers announced yesterday that they had closed their caae with the exception of one witness, the whole of today was taken up In hearing three witnesses for the men. They were: John C. Haddock, an Individual operator; the Rev. Dr. Teter Roberta, who Is assist ing the miners, and Samuel Compere, pres ident of the American Federation of la bor. Mr. Haddock favored giving the mine workers better wtfri, and agreed with their organization. Mr. Oompers spoke as an expert on the trade union movement, and created a stir when he strongly Im plied that the coal companies were bring ing Immigrants to the coal regions. One of the operators' lawyers asked if he knew that from personal knowledge. He offered to prove it if necessary. The miners made another attempt to get in evidence tending to show that the anthracite roads charge extortionate and discriminating freight rates, and that a monopoly exists In the anthracite mining Industry which keeps the wages of men at an unnaturally low level. The commission again decided that the 'evidence must be limited to the scope of the Inquiry, and pointed out that if It did take up this matter the men would still have to show the reasonableness of their demands. Impressed by Little Girls When the strike commission met Judge Gray opened the proceedings by saying that the commissioners were Impressed with the spectacle of the little girls who were before them yesterday. He said the people of the community and citizens of the commonwealth should not let the incident pass without taking some steps to have the legislature of Pennsyl vanla seriously consider the enactment of a law to forbid the employment of children at night. At the suggestion of the commission the statement of the wages of the fathers of the two little girls were presented. One earned more than $1,000 last year and the other over 1900. Then the miners sprang another surprise by calling another Individual operator. He was John O. Kaddoek of tVtlkesbarre, pres ident of the Plymouth Coal company. He said he had been In the coal business ,. thirty-five years. His company operated the Black Diamond and Dodson mines near Wllkesbarre. till March 14, when they went Into the hands of receivers. On No vember 14 trustees took hold of the prop , erty. Mr. Haddock then explained that the miner's tor., which runs from 2.700 to J, 200 pounds, was fixed years ago so that the em ployer could get 2,240 pounds of pure coal above the else of a pea. Pea coal and all sizes below that was waste. The waste was now being utilized. Regarding the prices of coal, Mr. Haddock said the middle man in New York was paying 111 and 112 a ton, Judge Gray: "Do they pay the operators that price V "Possibly.' Lackawanna Tries Herniation. Continuing, Mr. Haddock said the Lack awanna company wanted to regulate the tonnage of his company some years ago. He postponed the arrangement for a year and a half, and finally obtained the right to mine and ship coal as he pleased. He said he believed In the combination of capital and labor, and had no objection to dealing with labor unions If properly conducted. He believed the mine work ers, because of the market for coal, were Justified In asking for an increase In wages. On cross-examination, Mr. Haddock aald he did not know of any operator who was charging price, above the achedule list, j holidays. He will remain at Samuel Oompers occupied the witness'" ? ., . ,. stand throughout the afternoon. He gave a brief sketch of the progress snd Influence ot organized labor and said the hours ot workmen throughout the country had been materially reduced. Trade agreements had always been ad vantageous both to workmen and employ ers. Justice Gray asked his usual questlen concerning boycotts, and witness replied he would boycott any person who waa un fair to his workmen, but would not boy cott men who chose to do business with that employer. The question of recognizing unions waa then taken up and Mr. Oompers said em ployers made a mistake when they refused to recognize organized labor. The em ployer, he said, has no mora) right to re. fuse to confer with a committee ot hie employes. In reply to Bishop Spalding he said he would not favor incorporating a union. Companies Import Mea. Mr. Oompers was then erosa-examlned by Janus Torrey, counsel of the Delaware A Hudson, who asked It he did not believe members ot the union should be 21 years of age and able to read and write. "Yes," responded witness with alacrity, "tea years from now, when the companies stop bringing Illiterate foreigners to this country. They are brought here by the companies and the labor uuion must pro tect them and see that they get their rights. " air. Torrey asked him If he could prove that the coal companies were gu'.l'y of such a thing, and Mr. Oompers said he felt certain It was true, because he had seen copies ot circulars distributed in southern Europe asking people to come to Pennsylvania, and atat.ng that tin re was plenty ot money to be earned In the mines. Mr. Torrey asked him if steamship com panies were not the authors of those ctr culara. to which Mr. Oompers replied that he had seen ten, twenty and thirty mea huddled together In huts In the anthracite coal fleldsi, and he noted that It was not long after they arrived that they were given employment In the mines. He offered to give the commission the (Continued oa Second Page.) CATTLEMEN ViSIT HITCHCOCK Find the Rrrrrurr Oat, bat Make Arrangements to Sea Him Wednesday. (From a Staff Corr 'dent.) WASHINGTON, Dec. i. "' -Jal Tele gram.) Bartlett Richards,. "V-Ted of Allium mnA Tr,ll Mill tlK ft. itled at the Interior department today j 1t I wltn Secretary Hitchcock relative. . I ters growing out of the enforcemt.it law fencing public lands. This Lit -cattle owners did not, however, see th. secretary, as he was at a cabinet meeting. Reprrsentatives of the cattlemen made an appointment for a conference with Mr. Hitchcock tomorrow. Representative Eurkett la hard at work endeavoring to secure the establishment of a free delivery service In Plattsmouth, Mr. Durkett has been assured that a carrier system will shortly be Inaugurated in that city. It Is probable that there will be two deliveries of mall each day In the residence section and three in the business portion. Probsbly four carriers will be required to inaugurate the service and as soon as it Is In operation clerks In the office will be formally taken Into the classified service nd made subject to the civil service law, Mr. Burkett today Introduced a bill to grant a pension to Victor Vifqualn, lats colonel of the Third Nebraska. Colonel Vif qualn has an excellent record as a soldier of the civil war and served with credit as United States consul on the Isthmus of Panama, aa well as in the volunteer army during the war with Spain. His friends in the First Nebraska district are anxious that he be given a pension commensurate with his services. Charles Gerhardt was today appointed substitute letter carrier In the Deadwood, 8. D., postoffice. The comptroller of the currency nas ap proved the Drovers' National bank of Chi cago as reserve agent for the Iowa National bank, as follows: First National of Em metsburg. Garden Grove and Traer, Mer chants' National of Grlnnell, Louisa County National of Columbus Junction and Manila National of Manila. . Lillian L. Hurlburt was today appointed postmaster at Luther, Boone county, la., vice Jay B. Hurlburt, resigned. BRYAN GOES TO MEXICO Report "ays Sliver Leader Will Ask Government to Flffht Gold ' Standard There. MEXICO CITY, Dec. The rumor that Mexico has taken diplomatic action at Washington looking to the checking of a further fall In silver through co-operative International action Is commented on ap provingly. Curiosity Is expressed as to the purpose of Mr. Bryan's visit to Mexico at this time. ' A report credits him with having views antagonistic to the gold standard to sub mit to the government. It Is said today that the government has had offers of large gold loans from a French syndicate, and a 'British South African banking and mining group, with headquarters In London, and another group, beaded by J. P. Morgan. In fact, rumors are crowding one another regarding the matter. SEEKS REFUGE IN LEGATION - v Candidate for- President of Haytt Be comes Alarmed for His Per sonal Safety. PORT ATJ PRINCE. Haytl, Deo. 16. Gen eral Salnt-Folx Colin, minister of the In terior and opponent of General Nord in the contest for the presidency, has sought refuge in the United States legation. There has been much firing in the city and great excitement prevails. All the military authorities who have been supporters ot Seneque Pierre's can didacy for the presidency also sought refuge In the consulates. General Nord Is acclaimed president by the troops and seems master of the situation, notwith standing the fact that the majority ot congress Is in favor of Seneque Pierre. It Is believed that General Nord will dissolve the Chamber ot Commerce and the Senate and order other elections. DEWEY TAKES HOLIDAY CRUISE Admiral Will Visit northern West Indies on Mayflower at Christmas. SAN JUAN, Porto Rico. Dec. U. Ad miral Dewey has decided to make a tour San Juan until Deo 23, when a reception and ball in his honor will be given, and will then cross the Island and return here to Join Mayflower, using that vessel to visit St. Thomaa and other points. The fleet was exercised in squadron formation this morning. Admiral Dewey waa greatly Interested in the maneuver and commended the officers upon the way In which they handled their ships. .. ..,.,.-.. MnvMaM RUSSIA WANTS CUSTOMS Asks rhlaa Establish Kevr Service Under Csar's Sole Con trol. PEKIN, Dec. IS. Russia Is pressing China to assent to the. establlahment ot customs and postal services at the prin- clpal statlona ot the "Manchurt-in railroad, theae stations to be under Ruailan super vision and independent of tbi Chinese maritime customs. 81r Robert .tart is op posing the scheme and the chscr.es for his success are thought to be favorable. An edict announcca that the Chinese gov ernment proposes to acquire the China Merchanta' 8 team Navigation company, which is owned by 8heng, a nephew of the late Hi Hung Chang. Coart Makes Light ot Offense. MANILA, Dec. 16 The trial by court martial ot Captain Rogers of tha Twenty seventh Infantry, charged with using dis respectful language to General Davla, was concluded today. The verdict le not known, but It Is doubted that the court took a serious view of the case. English Cabinet Meets. LONDON, Dec. 16. Premier Balfour pro dded at a cabinet meeting held at tho For eign office at noon today. The Venesuelan crista and the king's speech at the pro rouging of Parliament were the principal matters considered. Macedonian Workmen Killed. SOFIA, Bulgaria, Dee. 16. Advices from the frontier say that twenty-tour Mace donian workmen, who were returning to their own country, have been killed by Turkish frontier guards near DubalUa. WHY RATES ARE ADVANCED Railway Men Seek to Jurtify New Grain and Provision Tariff. CLAIM THAT OPERATING COST HAS GROWN Lake Shore Official Says Roads Ksw Spend Relatively More Than They Kara, bat Admits Immense Profits. WASHINGTON, Dec. 16. An investigation into the advance of freight rates on grain and grain products, dressed meats and pro visions from the Mississippi river, Chicago, etc., to New York end eastern points, gov erned by the New York rate, was begun to day by the Interstate Commerce commis sion. The testimony showed that 1150.000 reve nue would be added to the profits ot one road alone by the contemplated Increase. It was claimed that the advances were Justified by the Increased costs of opera tion. The chief witness was the trafllo man ager of the Lake Shore A Michigan Southern. The traffic manager of the Michigan Central alao testified, the tatter's evidence, however, being qualified by the statement that his reason for Increasing the rates was because the presidents of the roads bad ordered It. Mr. Grammar claimed that railroad ex penditures were increasing much more rapidly than the earninga; that even at the Increased tariffs grain was not being hauled at a profit. The principal Items of Increase In ex penses were the maintenance of engines and fuel supply, and he predicted, while admit ting that the present price of coal was undoubtedly artificial, that prices would not get back to the old figures for years. At the suggestion of counsel and officials of the roads represented the commission decided to require written statements by January 10 next setting forth the alleged Justification for the advance in rates. A new hearing will be held, probably in Washington at the earliest possible day. Spend Moro Than They Earn. By general agreement Mr. Grammar, traffic manager of the Lake Shore, Included in his testimony a detailed statement re garding his own road and of the general situation. He contended that for a long time railways had been relatively spending more money than they earned, and that this was because they were either spending too much on the properties or the earnings were too small. A commissioner asked if the earnings ot the Lake Shore were not sufficient, on the basis of the last ten months, to pay Inter est on Its bonds, 10 per cent on Its pre ferred stock and 7 per cent on Its common stock, and then carry 12,600,000 in the sur plus fund. Mr. Grammar did not reply directly and declined to state what he thought ought to be carried as surplus, but claimed that under present conditions the road could not do anything more than take care of Itself. Both he and Mr. Mitchell said their roads were strictly observing published tariffs, but had not dope so prior to May. and, ac knowledged that the departure from the tariffs had caused large losses. The outgrowth of their difficulties, Mr. Grammar continued, was a meeting of ex ecutive officials of practically every rail road In the trunk line and traffic associa tion territories which had agreed on the advances already announced, and an In crease on Iron products west of Pittsburg by 100 per cent, but whether this advance would be carried out would develop later. Organized labor was getting not less than 10 per cent more than the wages of May, and the Lake Shore was paying In Chicago nearly $1 per ton more for coal than It had to pay three months ago. "As long as the present price of coal Is only a temporary matter do you think that item Justifies you in Imposing an increase in your freight rates?" be was asked. "If that were the only question," ho answered, "and it was only a temporary matter, I should say no; but coal is not the only factor in the situation." He added that the Lake Shore received a little less for grain freights than the aver age on all other cTasses of freight. When asked regarding, the cost of hauling a train loaded with grain from Chicago to Buffalo he admitted that while the railroad would receive a revenue of $3,600, the cost of operating would amount to only $260. All railroad supplies had Increased ma terially In price since 1900, but generally speaking the railroads were never more prosperous. NEW SCHEDULES A MISTAKE Railroads Xow Rea-ret They Only In creased Rates by Ten Per Cent. CHICAGO, Dee. 16. A majority of the Central Traffic association roada have come to the conclusion that a mistake was made , when , 10 per cent raUe , (re,nt ntet ordered. They are of oulnlon that moat commodities can stand a larger ad- ! v.nce. The traffic officials of ths Chicago east bound roads were in session all day today discussing the matter and finally referred a proposition to make further advances on January 1 to tomorrow's general meeting of the association. This action was the result of opposition br certaln roada. which claimed that the j ratei ,irea(y agreed on were as high as warranted by existing conditions, and that s further raise might reduce the volume ot traffic ROCKEFELLER GIVES MILLION Increases Donntlons to Chicago Uni versity by MnnlScent Christ, mas Present. CHICAGO, Dec. 16. Dr. Harper, presi dent ot the University of Chicago, this afternoon announced that John D. Rocke feller had given another $1,000,000 to that Institution. Gifts from other sources also wers announced, swelling the total to $1,626,000. The president advocated pensioning re tired professors and officers, but said de tails would have to be considered before any steps in that direction could be taken. The resignation of Major H. A. Rust as ccEEtreMcr cf ttls university wai also ae nounred. The first official report ot separate In struction waa made by the prealdent. who said the possibility of eliminating co- (traction from co-education was defin ttely provided tor at the founding of the university. He Instated that separate Instruction did not mean aa annex for the women, and declared that education on equal terms waa assured, STEEL CASE IS! RESUMED ' Attorney for J. Aeplavrall Hodge Makes Arsrnment Before Coart of Appeals. NEW YORK. Dec. 16.-tth argument of Edward B. Whitney, attorney for J. Aspln wall Hodge, before the New Jersey court of errors and appeals to restrain the execu tion of the United Statr Steel corpora tion's $250,000,000 stock conversion plan was made public today. J Mr. Whitney contends tkat the directors, had plenty of time aftrr the injunction Issued by Vice Chancellor. Emery to call a new meeting of stockholders early in De cember to ratify the conversion plan, but he submits that the reason this course was not pursued was that proxies could not have been obtained a second time. His reasons for this belief are that the stockholders now know what they did not know last April, namely, J that instead of voting for a prompt issue 'of $250,000,000 of bonds, for underwriting whjch they were to pay J. P. Morgan Co. a. 4 per cent com mission, they were procuring only a $100, 000,000 issue, while J. P. Mnrgan ft Co. was obtaining an option on the remaining $150, 000,000 to the detriment pt the company, but to a possible advantage to themselves so great as to make the $10,000,000 commis sion Insignificant. ' r According to Mr. Whitney's argument the preferred stockholders were divided by the scheme into three classes, tha first consist ing of J. P. Morgan ft Co., to whom the bonds were offered at 96; the second of persons selected by J. P. Morgsn ft Co., who were to pay 96 4-5, and the third of other preferred stockholders, who were to pay 100. The argument contains an attack on the valuation of $492,566,100 put on the Carne gie company's property by the United States Steel corporation, which sum, ac cording to Mr. Whitney, is $344,000,060 In excess of the real value. In connection with the value of the cor poration's assets, Mr. Whitney says: "All through the affidavits submitted by the defendants It is clear that their basU of valuations Is the monopoly value of this company's business, considered as a grow ing concern. In relation to its present man agement and the earninga which It can make In a year of unexampled prosperity." ESCAPE AT NIGHT BY BOAT Kentucky Residents Flooded from Homes Seek Refuse in Flight. LOUISVILLE, Ky., Doc. 16. The general rainfall which has prevailed over Ken tucky, Arkansas and Tennessee since Sat urday has ceased. All Kentucky streama are over their banks, and in many localities still rising rapidly. Extensive damage Is reported, particularly In the eaatern counties and western Kentucky. One life was lost In this state, that of a white man, who was drowned at Alamo, Galloway county, while trying to save a horse. Hopktnsvllle and Ellxabethtown, Ky., were in darkness laat night, the lighting plants being several feet under water. In Ohio county seversl thousand acrea of low lands are under water. 4m-evpertf front. Paducah, Bowling Green, " Owensboro, Earllngton and other places tell of loss. At Elleabethtown, Rough Creek Is higher than at any time since 184?. A steel bridge at Hills Mills was carried down stream. Many families were takeu from their homes last night In boats. The Ohio river is rising rapidly from Catlettsburg to Cairo, w,hlle the Kentucky rose ten feet during the night at Frankfort. Scarcely a train arrived In Louisville last night on account of washouts, but the conditions are somewhat Improved today. COLUMBUS, O., Dec. 16. A telegram I from Galllpolls to the Dispatch says that ! BBge 0f the suburban bill through the the Ohio river Is rising four inches an hour I council. and that It will reach the flood stage. The Meysenburg admitted receiving the river at that point registered thirty-eight money, but contended that it was in pay feet this morning. All roads leading to Gal- ment for stock In an electrical company llpolls are submerged. A Portsmouth dis patch says that both the Ohio and Kana wha rivers are rapidly rising and floods of the lower lands are predicted. CINCINNATI. Dec. 16. The rise in the Ohio river In the twenty-four hours ending with 8 a. m., was twelve feet. The swift current today swept eighty coal barges from their moorings and most ot them sank. All' of the harbor boats went In pursuit. but only about thirty barges were recov ered. Several men were on the Coating barges and one Is reported missing. The loss of barges is estimated at $50,000. FARMERS TO START A TRUST Plan to Hold Grata tor Better Prices Being Agltntcd Headquarters at Bralanrd, KebrasVa. BRAINARD, Neb., Dec. 16. There Is con siderable agitation among the farmers liv ing in th'a county to organize an asaoclation Jo buy up their grain and hold the same until the grain buyers will be compelled, because ot demand, to pay a better price for it. The title proposed is the Farmers' Trust company The grievance Is not of tangible statement, but everyone seems of the opin ion that there Is everything against and nothing for the farmer In the selling ot grain to the buyer. It is alleged that they are at times made the subject of alight fluc tuations ot the market In a rather arbitrary manner and that they" alwaya loae a few cents, no matter whether the change In market Is upward or downward. The movement will also include live stock shipments. There will be a meeting held at T.I nrnln. Neb., January 23, at 2 o'clock p. m. in University hall, in the interest of and for the purpose of advancing the Farmers' Co-operative Grain and i.lve Btock aano- elation, and extending its iMM-fulnetis in Nebraska. All farmers and others Inter ested in extending the work of the asso ciation and in building farmers' co-operative elevators are requested to attend and take part In tha meeting. We recommend that farmer and shippers met-t at the various shipping etations of Nebraska, and especially in the south central part of the state, and send representatives or d-le- e?ted" Ine Sfc'JeS." ' otVfJVtf movement ana u -tiring inrormatiou regard ing the same are cordially Invited. James Butler, manager of the central association, and other speakers from Kansas will ad dress the meeting. Kedured rates have been Kranted by all railroads tn the state. Ask for the when baying ticketa. . The call Is signed by the co-operative as sociations of Benedict, Thayer and Shelby, Neb. UTAH POSTMASTER GETS TERM Goes to Jail for Embeasllng Gov ernment Funds nt Ogdcn. , . SALT LAKE CITY. Utsh. Dec. 16. Charles Melghan, postmaster ot Ogden, who was found guilty by a federal Jury of em bezzling government funds, was today sen tenced to one year and a day. 1IARR111AN STIFF NECKED Irene to Yielding Anything to the Strikers on the Union Pacific PRESIDENT BURT URGES A COMPROMISE Other Directors Side with Him and Board Has Reached No Conclu sion Yet as to Coarse to Parsne. NEW YORK. Dec. 16. (Special Tele gram.) It was understood in Wall street today that Chairman E. H. Harrlman had opposed the demands of the Union Pacific striking machinists, boiler makers and blacksmiths, who delivered an ultimatum to President Burt last week threatening a strike on the Southern Pacific if engines ot that company continued to be loaned to the Union Faclflc. Mr. Burt and several of the directors who favor meeting the labor situation half way were said today to have been finable so far to persuade Mr. Harrl man to change his attitude. They have pointed out the crippled condi tion of the road's equipment, due to the machinsts' strike, continuing since last spring, and have advised that the differ ences be settled under a compromise. It Is expected that no further action will be taken by the men until President Burt re turns to Omaha, and it le stated by a rep resentative of Chairman Harrtman today that the rights of the employes would be carefully looked into and protected on the basis of strict Justice. BELIEVES IN COMBINATION Burlington Official Tells Court of Adrantaaea Derived from Merajer. ST. PAUL, Dec. 16. Two leading officers of the Burlington were examined today In the state merger hearing. Darlua O. Miller, vice president and general traffic manager, was questioned concerning his transfer from tho Great Northern to tbi Burlington, freight rates, competition and lack ot competition between the Great Northern, Northern Pacific and Burling ton. ' George B. Harris, president of the Bur lington, spoke of the advantages ot a com binatlqn of interests. No other witnesses were called before the adjournment till tomorrow, when J. J. Hill of the Great Northern and Northern Se curities companies is expected to appear. Wabash Contracts Awarded. BALTIMORE, Dec. 16. The Western Maryland railroad has awarded contracts to the Degnon-McLean construction com pany of New York for the construction of the tidewater terminals of the Wabash. Vice President Landstreet hopes to have the terminal and branch completed In time, for the fall traffic next year. NEW TRIAL IS ORDERED Supremo Court Reverses Verdict in ' One of tho St. Louis Boodle BT T.TTTH TJec. 16 In an ODlnlon handed down this sfternoon the supreme court at Jefferson City reversed the verdict 1 nf the St Loula circuit court that found , Emil A. Meysenburg guilty of bribery and remanded the case for retrial. Meyaenburg, a member ot the city coun cil, waa charged with accepting money from Charles N. Turner, president of' the Suburban Railway company, through Philip Stock, the "legislative agent," at a time vvhen his vote was desired to aid the paa- bought by Turner. In support of his con tention Meysenburg showed that he had voted against the suburban bill on Its pas sage. Thla was the first of the "boodle" cases tried. MISSING RAIL WRECKS TRAIN Cars Are Piled I'p In Heap Near Birmingham, Alabama, and Several People Are Hnrt. BIRMINGHAM, Ala., Dec. 16. Limited train No. 1, Cincinnati to New Orleans, on the Alabama Southwestern was wrecked two miles south of Moundvllle, Ala., today. The officials say the wreck waa the work of train wreckers. A rail was removed near a trestle which spans a small creek. Engineer Larkln saw the missing rail too late. The heavy locomotive left the track and bumped along on the road until the trestle was reached.. It then knocked tho trestle down and toppled over , into the creek. The mall, baggage and express cars and two coaches followed, the whole train 'being piled up In a heap tn the creek. Mail Clerks Kelly and Riggs were se verely Injured, as was Fireman Durr (colored.) No passengers were hurt. The train had but a few passengers aboard. The two sleepera remained on the track. BEEF TRUST CASEREVIVED Arguments Are Renewed Before Judge Groascup In United Stntcs Circuit Court. CHICAGO, Dec. 16. The noted "beef trust" case was again revived today In ar auments before Judge Grosscup in the I unted States circuit court. 1 " " " . . j, ,.. . . I II IUQ UQUIUIICI wuii.il - v u i ,u -.- gust the packers asserted that the bill for an injunction waa "multifarious" and did not refer to any offense constituting a vio lation of the United States statutes with sufficient particularity. . John 8. Miller, repreaentlng the packers, rferlnroil that the bill did not allece any ""ln of interstate or foreign commerce and that the shipment of commodities by tha oackera to their anents in any state did not constitute Interstate commerce, The acts of the packers, he saidj were In furtherance ot trade rather than In re straint. ERIE TRAIN GOES Ifj DITCH Bnglneev is Reported to Be Killed and tho Plrrnk and Se-cral Passeagers Hurt. CLEVELAND. Dec. 16. The eastbound limited on the Erie, which left here shortly after noon, went Into a ditch at Newburg, a suburb. John Ross, the engineer, la reported to have been Wiled and Fireman Landon seri ously Injured. Several passengers are also reported hurt. CONDITION OF THE WEATHER Forecast for Nehrafke-Falr and Warmer Wednesday; Th'.irsilny, Fair in East, Probably Snow in West. Temperature at Omaha Yesterday! Hour. Dra. Hour. II'S. n a. m ...... Kl 1 p. m...... 28 l a. tn l a p. m 2l T a. m IT 3 P m 2 a a. tn ...... 1 T 4 p. m S l a. m in 6 p. m...... 24 10 a. m ir . - O p. m : 11 a. m SO T p. m 22 IS m..p 22 H p. m 22 S p. tn 21 SONS WILL MAKE AMERICANS Patrlotlo Society Maps Ont Plan for lfatlonallslas; For eigners. NEW YORK, Dee. 16. The second fall meeting of the general Board of Managers and executive committee ot the national society. Sons of the American Revolution, waa held here this afternoon. Edwin War field of Baltimore, prealdent general, oc cupied the chair, and beside htm sat Gov ernor Franklin Murphy of New Jersey, former president general. Herman Knapp of Iowa waa among the state presidents in attendance. A plan of campaign was marked out for the use of the educational committee, to which the national society has entrusted the direction of a movement for the Americanization of forelgnera landing in this country. Tho total membership reported for thirty-eight successful societies and the so ciety In France was 10,862. NEGRO FIGHTS FOR VOTE Claims Damages and Mandamna Against Alabama Board of Registrars. MONTGOMERY, Ala., Dec. 16. The su preme court of Alabama has again before It for consideration legal attacks on the new state constitution, made through an organized effort on the part of the ne groes. Two suits have been filed against the Board of Registrars of Montgomery county by a negro named Giles, who asks $5,000 damages for his failure to secure a regis tration. In his second bill he seeks a mandamus from the supreme court to compel tho board to procure him a registration cer tificate rind place his name upon the Hat of qualified voters. Both suits were de cided against him In the city court of Montgomery. KILLED WITH HIS OWN GUN Fort Sheridan Soldier Attncked by Deserters Dies Doing Duty. CHICAGO. Dec. 16. The terribly muti lated body of Roger Hanberger of Company I, Twentieth Infantry, waa found today in a deep ravine at Fort Sheridan. He was clubbed to death on Monday with his own musket by two military prisoners he tried to prevent from escaping. They weia Christian Walker of Company C and" John Hollenberg, formerly a cor- !" " company u. auu were rous.ucr.u the most desperate men In the guardhouse, wn 1 e their lives dearly rather than D0 recapiurea. COLORADO MEN ARRESTED Charged with Conspiracy to Murder Under Indictments in Col lins Cnac. TELLURIDE, Colo., Dec. 16. The first arrests were made today under the indict ments returned by the special grand Jury which lneettgated the murder of Arthur L. Collins and the ricts incident to the strike of last year. Harry Jardeng, steward of the miners' union hospital, and John Taylor, a bar tender, were arrested this afternoon. They are charged with conspiracy with Presi dent Vincent St. John and nine other mem bers ot the miners' union to commit mur der. GETS NEW LEASE OF LIFE Utnh Murderer Obtains Stay of Execu tion Until Appeal is Mode. SALT LAKE, Utah, Dec. 16. The su preme court has granted a stay of execu- j tlon in the case of Charles Botha, the convlcted Grand county murderer, who was recently sentenced to be shot on De cember 29. The stay was granted to give Botha'a at torneys an opportunity to perfect an ap peal. BAILEY TO MAKE ADDRESS Texas Senator to Be tho Principal Speaker at Grant Blrthdny Cele. hration at Galena. GALENA, 111., Deo. 16. Senator Joseph W Bailey of Texas has accepted an Invlta tlon of the Grant Birthday association of Galena to deliver the annual address at the celebration April 12. Senator Bailey will follow a notable Hat of oratorr who have addressed the asaocla tion, Including McKlnley, Roosevelt and Judge Speer of Georgia. POOL IS NOT ASKED FOR AID Indications Now Point to m Return of Currency to New York from Interior. NEW YORK, Dec. 16. Up to noon today no call for assistants Lad been received by the $50,000,000 pool organised by the leading banking Intereata aa a protective measure. There ha been no currency transfer out I of thl cl,Jr toT ,ome dlr n1 lodicatlona i Polnt to a return of money from various Interior points. Movements of Ocenn Vessels Dee. 10. At- New York Arrived Vaderland. from ijovic, ior uverpooi. At Antwerp Sailed Abydos. for San Francisco. At Bydney N. 8. W. Arrived Mlowera. from Vancouver, via Honolulu and Bris bane. At Auckland--Arrived- Ventura, frorr. San Franclajo, via Honolulu, for Sydney, K 8. w. At The Lizard Paaaod Mesaba, from New York, for London. At Glasgow Arrived Barmatlan, from Portland; I'orean, from Hoston. At Kaitres Pansf d l'ing 8'iey, from Ta coina. via H( tin Kong, fur Liverpool. At Seattle Sailed: Kugua Maru, for Jai.an and China. At Han Francisco Balled Nebraakan, for Honolulu. At Movllle Arrived Tunisian, from St. John, M. 11., and llaiifaa, fur Liverpool. FIVE MAKE DEMANDS Spain and Belgium Join Allies la Seeking Payment. ITALIAN MINISTER NOW LEAVES CARACAS Presents Final Ultimntim to Veneinela, Which is Promptly Ignored. BRITAIN MAY ARBITRATE SOME PQjNTS Offioiale Hold Cash Claim May Go te Board, bat Not Iasalu to Minister. REVOLUTIONARY GENERAL AIDS CASTRO General Iternandes Arrives in Capital and Stills Tumultuous Welcome of Ills Followers Who Support' HIni for Presidency. CARACAS, Dec. 16. Signer de Riva, the Italian minister, presented Italy's ulti matum to Venezuela this afternoon and, recnlving an unfavorable reply, has been ordered to leave Caracas tomorrow. Italy demanded payment ot $')42,000 to meet the Italian claims arising from for mer revolutions, and couched Its ultimatum In stronger terms than those used by Great Hritaln and Germany. The Spanish minister, (laytan de Ayala, and the Belgian charge d'affaires have also presented a Joint letter asking in case the claims of other foreign powers are paid that the same treatment be given them. A government odlclal, on hearing thle, remarked that tho United States and France are the only powers not attacking Venezuela. Selsure ot the Ships, When the combined fleets seized the Venezuelan ships at La Guayra the Gorman commander delivered to the Venezuelan captains the following document: Hy order of my sovereign, and at the pommnnd of the commodore of tha Ger man squadron In West Indian waters, I, the commander of Panther, requeet you to lower your flag Immediately and leave your ship with your crew within ten minutes. Thin Is not a measure or war on the part of Germany, but only with the object of making a provisional relzure of your ship in order to ohlne the Venesuelan govern ment to reooicnlse our tuet demands. In case you disobey and Winn to defend your Biiip i snail ne oniinea to prevent you rrom so doing by the dtecharee of arms. IJcu-ember l. h,c Kc.lt man, commander. The origin of the report that the Vene zuelan ships had been sunk is now becom ing known. An entry made tn the book of the signal men of the fortress ot La Ouayra says: Tuesday. Dec. 9. 1:30 Nlaht. The adlutant called me to see if ' knew that the steamer Petr hutlon of the Km Ish navv was tow ing the Hteamers Creepo and Tutuno, of the national navy, three or four miles north. I hud heard four cannon shots and tald th? two steamers had disappeared and understood they had been stink by Venlta and Retribution. At the end of an hour Retribution returned to the harbor nlone. SIGNAL COMNf ANDER OF THE FORTS. The fact that Retribution returned to) La Guayra alone two hours after leaving run the captured vessels waa confirmed by English residents of La Guayra. - Con sequently it did not have time to conduct the Venezuelan ships to Curacoa or Trini dad. People Jumped to the conclusion that the ve'.tls must have been sunk, not thinking of the alternative, which was really adopted, of manning them from the warships and sending them to Trinidad un der their own steam. General Hernandez, the revolutionary leader, reached Caracas this afternoon and was received with great enthusiasm by 1,500 of his partisans, who tried to un harness the horses attached to his car riage and Craw the general in triumph to the city. At the general's request, how ever, they desisted from thla endeavor. From the station he drove to the palace and addressed the president In friendly terms. The followers of "El Mocho" have given assurances that tbey will assist President Castro to overcome the present difficulties. Gcrmnn Officer Killed. rUERTO CABELLO. Dec. 16. During the bombardment on Saturday Charybdis Was once struck In the bow snd Vlneta twice by the Venezuelan cannon fire. Vlneta left after the bombardment tor Wlllem stad, Curacao, where It arrived with Its flag flying at halfmaBt, a fact which is taken to confirm the local rumor that one of the officers aboard was killed by the shore fire. The American vice consul, the German consul, the British consul and a number ot leading citizens today Interviewed with the British and German commodores. Aa a re sult the naval officials have ceased landing marines and will not seize the cannon In Fort Solano, or ask tor the capitulation ot Puerto Cabello. They have also released General Bello, who was made a prisoner after the bom bardment, and have promised to releaaa the other prisoners In a few hours. May Break Friendship. (Copyright, 1002, by Tress Publishing Co.) LONDON, Dec. 16. (New York World Cablegram Special Telegram.) A private dispatch from an American politician la said to have been shown to the ministry today, claiming that a af rlous blow may be struck the present Anglo-American rela tions if the present policy toward Vene zuela is not altered. The sender apprehends a revival In the United States of the public excitement which marked the last Venezuelan crisis and believes it would be an easy matter for the democrats to create s state of feel ing highly Injurious to Anglo-American re lations. Tho alliance with Germany has undoubt edly created the greatest uneasiness in certain quarters here, and there are those who believe that the kaiser has dragged this country Into a policy from which Ger many alone can gain and by which In any event England la bound to lose. The situation does nof appear to be any nearer a settlement. Up to a lats hour i tonight no suggestion haa been made that Great Britain could aee Its way to sub mitting its claim to arbitration, the For eign office pointing out that Venesucla'a of fer was extremely vague. President Cas- I - n-.nirfi-,, -.n ,,i.r.ni. th.i th. ot British subjects would be respected pending the award. The Foreign office claims that some mattera are impossible to arbitrate, in stancing the diarespectful treatment of Mr. haggard, firiliau luiitlstsf .to Wuritl.. The financial claims, however, might be submitted, ss any such s proposal would meet with no opposition la ofQclal circles In London. Neither Is there any desire to stir up opposition here by continuing un necessarily the present armed compact with Germany. At the same time Foreign office officials say "there is not the slightest Inclination to let Venezuela go unpunished for her re-