Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 17, 1902, Image 1

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    The Omaha: Daily Bee.
8nggtU Pining Act to Prohibit Children
Working at Bight
f -
Little Onei' Muery Dplj Touches Jurist' i
Big Heart.
One Makes Thousand and Another JTise
Hundred in Tear.
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
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
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
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
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 that tin re
was plenty ot money to be earned In the
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.)
Find the Rrrrrurr Oat, bat Make
Arrangements to Sea Him
(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
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.
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
- 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.
Admiral Will Visit northern West
Indies on Mayflower at
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
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 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.
Railway Men Seek to Jurtify New Grain
and Provision Tariff.
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
Railroads Xow Rea-ret They Only In
creased Rates by Ten Per
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
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
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
He Instated that separate Instruction
did not mean aa annex for the women,
and declared that education on equal terms
waa assured,
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."
Kentucky Residents Flooded from
Homes Seek Refuse in
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.
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
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,
Goes to Jail for Embeasllng Gov
ernment Funds nt
, .
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.
Irene to Yielding Anything to the Strikers
on the Union Pacific
Other Directors Side with Him and
Board Has Reached No Conclu
sion Yet as to Coarse to
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.
Burlington Official Tells Court of
Adrantaaea Derived from
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.
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.
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
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.
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 - 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
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.
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
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
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.
Claims Damages and Mandamna
Against Alabama Board of
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
Fort Sheridan Soldier Attncked by
Deserters Dies Doing
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.
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
Utnh Murderer Obtains Stay of Execu
tion Until Appeal is
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
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.
Indications Now Point to m Return of
Currency to New York from
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
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 and China.
At Han Francisco Balled Nebraakan, for
At Movllle Arrived Tunisian, from St.
John, M. 11., and llaiifaa, fur Liverpool.
Spain and Belgium Join Allies la Seeking
Presents Final Ultimntim to Veneinela,
Which is Promptly Ignored.
Offioiale Hold Cash Claim May Go te Board,
bat Not Iasalu to Minister.
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
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 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
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
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 ,, 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
At the same time Foreign office officials
say "there is not the slightest Inclination
to let Venezuela go unpunished for her re-