The Omaha Daily Bee.
EhTAllLISIIEIl JUNE. 11), 1871.
OMAHA, SATURDAY MOHXI3G, JANUARY 3, lOOa-TWELVE PAGES.
SINGLE COPY THREE CENTS.
X
JUSTICE FOR .NECttO!UEW IN EFFECT
resident Eooserelt Take Firm Stand in
Miwisaipri Case.
WILL NOT TOLERATE PROPOSED OUTRAGE
Attempt to Foroe Colored Woman Out of
Postoffice MeeU Bebuke.
OFFICIAL STATEMENT ISSUED ON THE CASE
Incumbent is Shown to Bo of Irreproach
able Cbaracter.
COLOR AROUSED SOUTHERN PREJUDICE
Iteslatnutlon Forced by Threat of Vlo
lence and Bark Condition Udhi
t'loalnn- at Office Until Attor
ney General fan Art.
WASHINGTON. Jan. 2. The feature of
the cabinet meeting today was the decision
to close permanently the postoffice at In
dlanola. Miss , from which the postmaster,
Winnie M. Coi, col( red, resigned- under
compulsion a few days ago, since which
time the office has been closed.
The bondsmen have brought the matter
to the attention of the authorities here
with the view of being relieved of the
responsibility of the accumulated mall.
The postmaster general has had a thor
ough Investigation made and has become
satisfied that the woman was obliged to
resign under duress; in fact, that her life
waa endangered.
Having represented this state of affairs
to the cabinet, after a long discussion, the
decision above noted was reached and the
office will not be reopened until the people
In the district are ready to accept this
woman as their postmaster.
During the afternoon the president dis
cussed with several members of the cabinet
other features of the case of Mrs. Cox,
Postmaster General Payne being in confer
ence with the president for an hour or
more. It was decided finally to lesue a
formal statement concerning the Indianola
case. Secretary Cortelyou, for the presi
dent, made public the following:
Statement from White House.
"The postmaster at Indianola, Miss., Is
Mrs. Minnie V. Cox, a colored woman.
Ehe served three years as postmaster under
President Harrison. When President Mc
Klnley came In she was again appointed, in
1897, nearly six years ago.
"Her character and standing in the com
munlty are endorsed by the best and most
reputablo people In the town. Among those
on her bond Is the present democratic
tate senator from the district, together
with the leading banker of Indianola and
an ex-state senator from the district, aleo
a democrat.
"The postmaster and her husband own
from $10,000 to $15,000 worth of property
In 8unflower county. The reports of post
office Inspectors who have tnveatlgated the
office from time to time show that she has
given the utmost satisfaction to all the
patrons p the office;, that, she Is at all
times courteous, -talthful, competent and
honest In the discharge of her duties. Her
moral standing in the community la of the
highest. Her reputation Is of the best.
Few offices of this gratle in any state are
conducted better.
"The postmaster recently forwarded her
resignation to take effect on January 1,
but the report of Inspectors and informa
tion received from various reputable white
citizens of the town and neighborhood show
that the resignation was forced by a brutal
and lawleaa element purely upon the ground
of her color and waa obtained under terror
of threats. The mayor of the town and
the sheriff of the county both told the
postoffice Inspector that if she refused to
resign they could not be answerable for
her safety, although at the same time not
one word waa said against her.
Dosilimta Ask Relief.
"On January 1, the bondsmen of the post
master telegraphed that the postoffice wss
closed; that the postmaster claimed that
her resignation wua in the preatdent'a bands
to take effect January 1, and that there
had been no advice of the appointment of
her successor.
"The telegram closed with the state
ment: 'Prompt action by the president
necessary for the relief of busijess Inter
ests, which are being injured solely by the
action of the lawless element of the town,
is wholly secondary to the preservation of
law and order and the assertion of the
fundamental principle that this government
will not connive at or tolerate wrong and
outrage of such flagrant character.'
"By direction of the president the fol
lowing was aent to the bondsmen:
" The poatmaster'e resignation has been
received, but not accepted. In view of the
facts, the postoffice at Indianola la closed.
All mall for that place will be forwarded
to Greenville. The case will be referred
to the attorney general.' "
Talk, of Foreign Affairs.
The remainder of the meeting waa con
sumed in the discussion of foreign affairs,
chiefly the conditions in Venesuela. Secre
tary Hay presented a statement ahowlpg
that no dcnults responses have been re
ceived from any of the allied powera to
President Castro's last communication. It
la evident that further negotiationa will be
required to bring th partlea to a final
agreement, but it la not doubted that this
will succeed.
Cuba waa the other subject which en
grossed the attention of the cabinet and
there was an anxious discussion of the
prospects of the pending reciprocity treaty,
the decision finally being reached to press
the treaty forward on the aame lines toward
ratification.
MUST STAND TRIAL ON CHARGE
Plea In Abatement Filed by Defend,
ante In Ronflla Case at Deaver
la laavrlllae;.
GOLDEN. Colu., Jan. 2 Judge DeFrance
of the district court of Jefferaon county
today sustained the motion to overrule the
plea in abatement In tho embracery cases
transferred from Judge jchnion'i court In
Denver and set the rasrs for trial April (.
The defendants, 'H. H. Tammen. former
Tollce Judge William Thomas. D. J. Saddler
and Robert 8cbrader were indicted for an
alleged attempt to secure the conviction
of W. W. Anderson when he waa tried on
the charge of having attempted to murder
Fred O. Ilontlls and It. H. Tammen, pro
prietors of the Denver Post, by bribing the
Jury. Anderson was acquitted sod Judge
Jchneon called a special grand Jury to In
vestigate the charges of bribery arising uut
of the. trial. The defendant claimed that
Judge Johnson had arbitrarily selected a
Jury which would Indict them, but Judge
lk France lu hi decision today held that
Jkdge Juhusoa had sot eicdd hi au-thuilty.
lOwa-IUli Licensing! Art Provides Severe
rrmmUjr for Persona Convicted
of Drnakeanese.
LONDON, Jim. 2 The first notable case
under the new licensing act, hlch went
Into effect yesterday, came upon a London
police court today, when 8lr Chr"' Al
lan Law son, the Anglo-Indian nt. ,
editor and writer, applied for a ui.. '
against Lady Lawson, whom he descrli.
aa a habitual drunkard. The aummona
wan granted.
The new act enables either husband or
wife to aecure a aeparation in the case of
habitual drunkenness and allows the police
to arrest an inebriate anywhere, except in
a private bouse, whether disorderly or
not.
After conviction drunkards are blacklisted
for the space of three years. It they at
tempt to obtain drink during that period
they are liable to a fine, while the person
supplying them Is fined $5 for the first of
fense and $100 for the aecond offense. Im
prisonment Is provided for drunkenness of
a pereon In charge of a child under 7 years
of age.
POLICY ONE OF CONCILIATION
Jen It Appointed Governor of Panama
Said to Represent Change of
Colombian Ideals.
PANAMA, Colombia. Jan. 2. Dr. Facundo
Mutls Buran. the newly-appointed governor
of Panama, atisumed the duties of his office
this afternoon. The appointment as gov
ernor of Dr. Buran in succession to Gen
eral Salazar Indicates a new political atti
tude, on the part of the government and a
policy of conciliation.
The appointment haa been well received
in all circles, and especially by the for
eigners. During his first Amerlcsn gov
ernorship, from 1898 to 1899. Dr. Buran
was noted for his economic reforms.
It is believed here that the national gov
ernment has made changes In other depart
ments. The import duties on merchandise, wines
and liquors, which were revised consid
erably during the revolution, have been
reduced by a decree published today to
10 per cent advalorem, the rate collected
before the revolt.
ARCHDUKE MAY BE ALIVE
Leopold, Rrother of Crown Prlneesa
of Saxony, Makes StartllagT
Statement.
VIENNA, Jan. 2. Archduke Leopold, who
assisted his sister, the crown princess of
Saxony, In her elopement with her chil
dren's French tutor, haa made the sensa
tional statement, to a reporter of Die Zelt,
that Archduke Johann Nepomuk Salvator,
who renounced his title and took the name
of Johann Orth, and was supposed to have
perished in a shipwreck off the South
American coast. Is really alive.
Johann Orth was, or is, an uncle of Leo
pold and of the crown princess. Like his
nephew, he left court to go with an actress,
Frauleln Mixxl Strubel, who was with Jo
hann Orth when he disappeared.
- Archduke Leopold. aaga a.RellYa. his
uncle is living with the Archduke Louis
Salvator, brother to Johann Orth, and also
the present grand duke of Tuscany. Arch
duke Louis Is eccentric and spends ten
months of the year on a tiny Ionian Island,
the rest of his time on a yacht.
FIGHT, FOR JUNBORN CHILD
Trouble Retween the Crown Prlneesa
and the Prince Assumes
New Phase.
BERLIN, Jan. 2. The Saxon court le de
termined to make an attempt to obtain pos
session of the expected child of the crowq
princess, according to the Boersen Courier,
and has instructed Its chief police agent,
Schwartz, at Oenoa to keep a sharp lookout
and avoid deception by the substitution of
another child.
The Intention of the crewn prince Is to
claim the fatherhood of the child and edu
cate it at the Saxon court.
TURKISH COMMANDER KILLED
Bloody Rattle Takes Place Between
the Balararlaa and Tarklah
Troops.
CONSTANTINOPLE, Jan. 2. In a recent
fight between Bulgarian and Turkish
troop at the village of Brenovo, in the
Monaatlr district, fifteen of the latter were
killed or wounded.
The Turkish commander was among the
killed. The Bulgarians, who were barri
caded In a house, aleo sustained losses, but
the survivors escaped.
CONFESSES TO EMBEZZLEMENT
New York Man Admits Having- Taken
TO.OOU from Ills Employers
In Three Years.
LONDON, Jan. 2 O. N. Elder wa re
mandYd at the Guildhall police court
charged on hi own confession with having
embezzled $76,000 from hi
mr,in.
employers,
Brown, Shipley Co., the American bank
ers. The embezzlement had been going on
for three years.
C'omplnlna of Discrimination.
BERLIN, Jan. 2. The Commercial Treaty
oclety ha issued a circular complaining of
the United States customs treatment of
German goods. In part It Is aa follow:
,. , , '
mis tsrtii
10 English
"It I quite characteristic that
annoyance has not been applied to
or Belgian, but exclusively to German
goods. There Is a system in the matter, i twj , aforesaid, shall be by bin. pre
It answers the new German tariff, which j scribed, either ty general regulation or by
strike at leading article of American ex
port with .extraordinary severity. We have
every reason to complain of American
tariff treatment and custom practice, but
the course adopted by Germany is likely !o
have the opposite effect from that wished."
Forests In Phlllpplaes.
SAN FRANCISCO. Jan. 2. Two repre
sentatives of the forestry division at Wash
ington, who have been making a prelim
inary survey of the wuoded sections of the
Philippines fur the guvernroeut, arrived
from the Orient c3 the Jup.oete liner
American Maru today. They ar Clifford
Plnchot and Cecrge D. Honour. Both geu
tlemen are enthusiastic in speaking of the
wonderful extent and value cf the forest
In the tslaiids. Their report will be cf
value to lumbermen Mil others who ar
Interested In developing the resource vt
the new possessions.
Bret llarte'a Small Kstale.
LONDON, Jan. 2 Letter of administra
tion of the eatate of the late Bret Harts
have beea granted. The total value of the
estate I placed at Sl.ive.
HOAR'S ANTI-TRUST BILL
Measure Ho Asked Leave to Submit it
Now Completed.
IT WILL GO TO COMMITTEE ON JUDICIARY
Text of Propoaed Lnw Which Is In-
tended to Operate la Placing- He
' ff atralat on Monopoly is Mad
' ' . Known to Public
WASHINv. ?. Jan. 2. Senator Hoar haa
completed and-ioday made public the anti
trust bill which he asked leave before the
senate adjourned for the holidays to in
troduce. The bill goes to the committee on Judi
ciary, of which Senator Hoar Is chairman.
Following la the full text of the measure:
Be It enacted, etc., that the provisions of
the statute of February 4, INS", chapter 104,
entltltd "Ar act to regulate commerce,'
ami all addition thereto, and of the stat
utes of July iks. chapter W7, entitled "An
act to protect trade anil commerce against
unlawful restraint and monopolies," shall
continue In force and shall in no wise be
held to be limited, restrained or repealed
by this act.
Section 2 That the attorney general is
authorised to employ any professional or
other assistance which may be deemed
necessary or desirable to prosecute of
fenses under this act, or under the acts
hereinbefore mentioned, to which an ad
dition, or to make Investigation Into tne
same, and for that purpose the sum of
ISiiO.Oi to. or so much thereof as may be
necessary, Is hereby appropriated out of
any money in the treasury not otherwise
appropriated.
Kec. if 'that from and after the 30th
day of June, In the year 19u4. no corpora
tion. Joint stock company or other associa
tion whose stockholders are not personally
liable tor their debts, created by any slate
or territory, shall engage In commerce with
foreign nations or among the several
states, or continue to csrry on such com
merce unless It shall comply with the fol
lowing conditlona:
Conditions Which Are Imposed.
1. It shall file a statement in the office
of the Interstate Commerce commission,
signed and sworn to by Its president, its
treasurer. Its general manager and a ma
jority of its directors, or by the persons
exercising the powers usually exercised by
such officers and directors of such corpora
tions, joint stock companies and other
associations, on or before the lath day of
September, in the year 1903, or before the
15th clay of September In each year thers
after, tile a statement for the year ending
with the 15th dsy of June In such years,
respectively, showing:
2. The amount of Its capitnl stock.
8. The market value of such stock.
4. How much of the same has been paid
in full in rash; or if the same has not
been paid In cash, what has been received
by said corporation. Joint stock company
or other association in lieu thereof and the
value of whatever shall have been so re
ceived by It.
5. The names of all the officers and
directors of said corporation. Joint stock
company or other association and all
agents Intrusted with the management of
its affairs
6. The amount It has paid in dividends
during said period, the rate of percentage
of such dividends and time of payment of
the same.
Stock In Other Corporations.
7. A statement of all the stock owned by
It of an other corporation. Joint stock
company or other association, specifying
the corporation, Joint stock company or
other association, and the number and
value of shares In esch; the amount of lta
own stock held by other corporations. Joint
stock companies or oth-r associations, and
the value thereof, and the amount of stock
In other corporations. Joint stock companies
or other -associations held 1n 'trust for It,
or In which It has any Interest, directly or
indirectly, absolute or conditional, legal or
equitable, specifying the corporations, Joint
stock companies or other association.
H. An undertaking signed by said officers,
general managers and directors that they
will comply with the provisions of this and
all other laws of the I'nlted States in the
management of the affairs of said cor
porations, Joint stock companies or other
associations, and that they accept the pro
visions and liabilities of this act and th
obligations by it Imposed so long as they
shall continue to hold or exercise said
offices or authority.
This statement shall be In addition to all
statements now or hereafter required by
the Interstate Commerce Commission or
by any other public authority.
The attorney general of the I'nlted States
may at any time require of any corpora
tion, Joint stock company or other asso
ciation o engngeri. any statement he may
think fit In regard to the conduct of Its
business. And he may especially require
any such corporation, Joint stock company
or other association to give a list of all
contracts- or transactions entered Into
within the twelve months preceding such
requisition. In which It hns sold any article
or product, or carried nv article or prod
uct at a rate less than the ordinary market
price, If such article or product had been
sold or carried by any other person than
the party to such transaction. And he may
further require th reasons for such dis
tinction and the circumstances attending
the same.
As to Competitors.
Sec. 4 That every person, corporation.
Joint stock company or other association
engaged In commerce with foreign nations
or among the several states which shall
enter Into any contract, combination or
conspiracy, or who shall give any direc
tion or authority to do any act for the
purpose of driving out of business any
other person engaged therein, or who for
mich iturtmse shall in the course of such
commerce sell any product at less than its I
fair market value, or at a less price than
It Is accustomed to demand or receive
therefor In any other place under like con
ditions, or undertaking that It shall not be
sold again by the purchaser or rewtraln
such sale by the purchaser, shall be deemed
guilty of a misdemeanor, and on conviction
thereof shall be punished by a tine not ex
ceeding fa.ouO or by Imprisonment for not
to exceed one year, or hy botb of said
punishments, in the discretion of the court.
Sec. 5 That no corporation. Joint stock
company or other association shall engage
In commerce with foreign nations, or
among the several states, a majority of
whose stock is owned or controlled or held
In trust for any manufacturing or other
corporation, which. In the course of Its
manufacture or production, conducts its
I business, or any part thereof, in a manner
wh1,,h wouid lm prohibited by thia act If It
were so conducted In the course of such
commerce with foreign nations or among
the several states.
Books Subject to laapertlnn.
Sec. ft That nil the books of record and
papers of every corporation, Joint stock
...mi i.u ix nr nlhP u iihi u I n t i n unuu.ail f.i
commerce with loreiKn nations, or among I
the several Kilted, (hull be subject to In
spection by the attorney gercrnl of the
i I'nlted States, or by any agent he miy
i dt 8iKnate for that purpose, and such tor-
poratlon, Joint stock company or other as-
soc'atlon shall.
at such times aa he shall
I nriHhn nrnka Miifh furtli.- p.liirm t'.rt-
special oirection.
Sec. 7 Thut any president, director, treas
urer, officer, corporator, cui.anner or agent
of such cor-orllon. Joint stock company or
other association who shall In Its behaif
. nut H-hit I u ihia .ir.t ir.it. I Kit ..4 tn ...
corporation. Joint slock company or other
I ar-ociatlon. or who shall support, vote for.
! aid or noe'.. or take part In doing such ac
j lion by said corporation, joint stocK eom
! pany -r other usEoclatlon or any instru
mentality tnerror. snail re name to tne
peraltles hy tu'.s act provided.
tiec. f That no corporation. Joint stock
company ir other Huocl'itlun, after the
3'.h rinv of Jure. shall manufacture
or produce any article which In the course
of busii ss Is hril lt.iall) sold and deliv
ered t-eyend tne slate in which it la manu
factured, whether by s.iM corporal on.
Joint s'.rek rompuny or other association,
or bv sutwe 'iirnt purchasers thereof, which
shall, in the course of Its own domestic
luit-ioe do any of the arts or things pro
Int.Hen to be done bv this act. shall engage
ii: cmiurrce witn foreign nation, or umong
the several 11
r-v. :--ihHt
stork ci n-'t any
any ornora'lon. Joint
or olner assoc'ation thet
sha.! huve Leer. lce adjudged to hive
vloUtfit the iroUi is of the art or either
cf the a.'ls n'.-ntlored In section one hereof.
b'th f.iinl Judgment of any court havlnz
Jh siiciion of the question, in any civil
suit or proceeding which stld corporation.
(Continued on Eighth Pas.)
MINORITY WANTS A CANDIDATE
That Is Reaaoa Cook County Democ
racy Electa Mitchell a Member,
Says Wllaoa.
INDIANAPOLIS. Jan. 2. National Sec
retary Wilson of the I'nlted Mine Workers
tonight discussed the action of the Chi
cago Cook County Democracy In electing
President John Mitchell to membership. He
said:
"I know there has been a lot of talk In
Illinois lately regarding Mitchell's politics.
There has been talk there of bringing him
out for governor. But the amusing part of
the situation is that while they have been
talking in Illinois of making him the dem
ocratic nominee tor governor. In some east
ern places there haa been talk of him aa a
running mate for President Roosevelt in
1904.
'The truth of the situation, so tar as
Mitchell la concerned, la that he la not
taking any part in politics and he has no
Intention of entering politics. He Is
not a partisan In any sense of the word,
neither am I for that matter. We both try
to keep as nearly neutral aa possible in
politics. I do not know Mitchell's private
political views, but he has voted for dem
ocrats and republicans. He generally votes
as be thinks he should, regardless of the
politics of the candidates.
"We understand the talk of running any
of us for office. The offer generally cornea
from the minority party, which considers
us as available candidates. I was urged
by the democrats of my district In Pennsyl
vania thia year to run for congress, but I
thought the offer came because the demo
crats were In the minority and they con
sidered me available. Iff the republicans
had been In the minority :i might have re
ceived, the offer of the nomination Just the
same.
RIVAL FOR BOARD OF TRADE
Western Union Telegraph Company Is
to Furnish Quotations of the
Open Board. .-
. CHICAGO, Jan. 2. Arrangement which
have been completed between the Chicago
open Board of Trade and the Western Union
Telegraph company bid fair to make the
former Institution a formidable rival of the
larger one across the street.
On next Monday morning the quotations
of the open board will be put on the West
ern Union wires an hour in advance of the
figures furnished by the Chicago Board of
Trade.
It Is underfstood that the open board and
the telegraph company have entered Into a
contract covering a period of ten, years, the
telegraph company paying a remuneration
on a graduated scale, a nominal rate for
the first few years, to be increased each
twelve months.
It is also anuounced that negotiations
have been consummated whereby the old
open board building on LaSalle street will
be remodeled by the Illinois Trust and Sav
ings bank, which controls the property, for
the benefit of the open board.
With commodious quarters and the co
operation of the Western' Union, the offi
cials of the open board tee no reason why
they cannot cut a noticeable figure in the
commercial transaction of LaSalle street.
- - - '
WHISKY FAMINE fS PROBABLE
Supply of Six, Seven and Eight-Year.
Old Said to Be Several Million
Gallons Short.
LOUISVILLE, Ky., Jan. 2. The Courier
Journal tomorrow will say: "Only 4.000
gallons of the whisky made in 1895, 1896 and
1897 remain in bond, and the whisky dealers law was so framed as to plainly read that
are alarmed. About 7,000,000 gallons of the property of the railroad compsnies
six, seven and eight-year whisky is used should be assessed at one-two-hundredth
annually, and the dealers say there will not part of its actual value and all other prop
be a gallon In bond by July 1. Heretofore ertv at Its full value and yet that was
there has always been more than was con
sumed and a famine Is a problem that was
never before considered. The leading deal
ers claim the condition may result in the
whisky made In 1895, 1896 and 1897 being
cornered, and the prlres doubled. In this
event the blenders, who use most of six.
I seven and eight years old, will be compelled
to use goods made later.
"The small sunnlv Is due to seversl
causes, principally to a limit being placed
on the amount of whleky made In 1897. The
output of Kentucky was 12,000,000 to 14,-
000.000 gallons less than usual. The output
In 1895 and 1896 was about an average, but
because of the big reduction In 1897 there
was a shortage In six. seven and eight-year
whisky from 12.000.000 to 14,000,000 gallons."
MAY AGREE FOR ONE STATE
Indications Polntlnar Towards Com.
blnlnn" Arizona nnd Xew Mexico
Into One OrKanlsatlon.
DENVER, Jaa. 2. A special to the Re
publican from Santa Fo, N. M., says: In
. In. n...u.u . n -.. tr a ii..., ii .h.i..
man of the territorial central committee,?' . , ,. ,
of the democratic party In New Mexico
announces himself In favor of admitting
Arizona and New Mexico as one atate,
with three representative in congress, the
capital to be fixed for ten year at
Santa Fe.
He bad Just returned from Chicago,
where he had an Interview with Senator W.
H. Andrews, a close friend of 8 nator M.
S. Quay, and his announcement today In
favor of Joint statehood is supposed to
represent the views of Senator Quay In caso
It should not be practicable to fjres the
omnibus statehood bill through the senate.
President Roosevelt also declared ta
u ueciuivij I J
statehood who
i hat h. la In
New Mexico workers for
have lately spoken to him
i favor of Joint statehood for Arliona and
j N Mexlco Mr Honewell says a bill ef-
j 1rw r'lu- nupemeu iiji a uui ei
fectlng the merging of the two territories
Into one state will be introduced probably
aome time next week.
MRS. DOCKERY IS BURIED
Rudy la Placed to Reat la tirnve
(lose to Thoae of Seven
Children.
CHILLICOTHE, Mo., Jan. 2 With a
simple ctremony the bedy of Mrs. Marie
Elizabeth Docktry, wife of Missouri's gov
ernor, was laid at rtst In the Callllcothe
cemetery thia afternoon, having arrived
from Kansas City at 2 o'clock on a special
train over the Burlington. The weather
was cold and dismal.
Prominent perilous were here from every
portion of the state and several hundred
made up the cortege to the cemetery,
where the body was placed In n grxve elose
beade those of seven of the Dockery ehll-
t .
Ill u
All Chllllcothe waa In mourning, business
having been suapended In compliance with
a proclamation issued by Mayor lllrsch. A
delegation of men from Gallatin, Governor
Dockery's home, brought several beautiful
fluil plecea. )
EOOAL TAX ON RAILROADS
Charter Revision Meeting Takei Decided
Action on tie Proposition.
NOTHING DEFINITE ON OTHER LINES
Mayor Authorised to Appoint Addi
tional Members to Committee to
Report at Adjonrned Meeting
Next Friday Slant.
Resolved, That it Is the sense of this
meeting that the clause, "Provided, that
the tax commissioner shall take the valua
tion and assessment of railroad property
within the city limits from the returns
made by the State Hoard of Equalisation
to the county clerk," should be eliminate)!
from the charter of cltlea of metropolitan
and first class, and that It Is so Important
and unjust that our legislators are hereby
Instructed to give Immediate and specific
attention to Its repeal.
The unanimous adoption of the above
resolution and a request to the mayor to
appoint ten additional members to act with
the charter revision committee represents
the definite action taken at the general
meeting held in the council chamber last
evening.
The gathering showed a good representa
tion of the city members of the Douglas
county legislative delegation and Real Es
tate exchange and the heads of the various
city departments, but the mayor, at whose
suggestion the meeting was called, did not
put in an appearance and only five mem
bers of the council were there, while the
Commercial club was not present at all.
One of the early arrivals was L'eutenant
Governor McGilton, who remained through
out the session and was an interested par
ticipant. The members of the legislature
who were present were: Senators C. L.
Saunders and M. A. Hall and Representa
tives D. W. Gilbert, W. B. Ten Kyck, W. T.
Nelson and E. M. Morsman. The council
was represented by President Karr and
Councllmen Lobeck, Hoye, Zlmman and
Hascall, and the various city departments
by Tax Commissioner Fleming, Deputy Tax
Commissioner Lewis, Health Commissioner
Ralph. City Engineer Rosewater. Building
Inspector Carter, Comptroller Westberg.
Chief Salter of the fire department, and
Thomaa P. Mahammlt, W. F. Johnson was
thR sole representative of the school board.
The delegation from the Real Estate ex
change numbered ten members, Including
C. F. Harrison, president, and A. O. Charl
ton, secretary of that body.
Renl F.state Men Open Pp.
The meeting waa called to order by Pres
ident Karr of the council, who stated the,
the call had been Issued at the suggestion
of the mayor, who was not present, and
suggested that a presiding officer be
elected. W. T. Graham waa chosen chair
man and W. Q. Ure as secretary, and Mr.
Karr then stated briefly that the purpose
of the meeting was to afford an oppor
tunity for representatives of the different
interests of the city to make susgestlons
as to needed changes in the city charter
and the members of the Douglas county
delegation had been Invited there to hear
the auggestlons.
After a pause in which It appeared that
all were waiting for someone else to take
the initiative, F. D. Weed of the delega
tion from ttur Real. Estate exchange Intro
duced the resolution printed above with
a few earnest remarks urging its endorse
ment by the meeting. He said that sec
tion 98, to whlch'tnl resolution applied,
was the one portion of the charter which
most demanded revision, and a member of
the legislature should be Inspired with all
the eloquence and logic of a Patrick Henry
to advocate this cause. The peoplo of the
state would cry out with one accord If that
Just exactly the effect of that clause quoted
In the resolution.
Hurst Ion of Constitutionality.
Councilman Hascall said that the repeal
of that clause would only be "scratching
the surface" and that to effect the desired
result It would be necessary to revise the
state law upon which the charter was based
He argued mat tne action proposeu wouiu
be contrary to tho constitutional provision
hat taxation must be by uniform method
and upon a uniform basis, and that rail-
road property could not be assessed on
"oe basts In Omaha or Douglas county and
an another basis in the other counties of
the state.
Mr. Ure argued that the clause of the
law which the resolution sought to reach
was unconstitutional from the fact that It
prescribed a different method for taxation
of railroad property from that upon which
any other class of property Is taxed. The
repeal of the clause would, be declared, be
In keeping with the constitution.
E. Rosewater said he thought Mr. Has
call was right aa to the constitutional re
quirement that all property should be as
sessed upon an equal basis, but he did not
I kIhaa null, .ha mamm onnilrilftlill tinnn It
rte reierreu to inn phhbuk.3 ui iuo mw
many year ago which constituted the gov
ernor, auditor and treasurer of the atate
a board to tax the railroads by themselves
and distribute the tax according to mileage
of the roads, and said that while property
generally was assessed at only 15 per rent
of it true value it wa not so 'conspicu
ously a hardship that the railroads wero
only required to pay upon S or perhaps 4
per cent of the value of their holdings.
At that time also the railroads were not
so valuable as now, and their Just pro-
! portion of the general tax would not be so
, f reat as now. But since the policy had
j
be0 adopted of assessing property at
. full value the discrepancy In railroad tt
Its
axa-
tlon d hecome a serious question hnd
I one that urgently demanded attention.
i
Time for Action
Mr.. Rosewater recalled that even In the
years past there had been mass meetings
to protest sgalnst the inequality of railroad
taxation and aaid that now It had hecome
so rank that the west half of the Union
Pacific bridge, which could not be replaced
for 1500.000. to say nothing of Its earning
capacity. It Is certainly lime for action.
He believed that for the relief of the city
cf Omaha tho legislature need do nothing
further than to repeal the clause cf the
law pointed out In the resolution, and as
a citizen of Omaha he would be satisfied
with that, but as a citizen of Nebraska br
would not be satisfied, for his desire Is to
see the railroads pay their fair proportion
of tsxatlon In every county of the state.
The constitution, be said, require that
cities shsll assess all property on an equal
basis, and that Include th railroads, the
same as other property owners.
Mr Wead arruod that the taxation of
railroad property In cities Is purely a local
question. Just the same as a local tax. 'or
pavement In front of the general 'fries
building of one of the companies.
Andrew Rosewater said that every, county
was permitted to pursue a different method
(Continued on 8c oud Page )
CONDITION OF THE WEATHER
Forecast for Nebraska Fair Saturday, ami
probably Sunday.
Temperature at Omaha Vraterdayt
llonr. near. Hour. l)f.
ft a. nt s:n l p. m
a a. m :in a i. m xt
T a. m :t s p. m HO
H n. m ;i4 4 . m 114
W a. tu n If p. in St VI
to a. m :.n tl p. m
It n. nt .11 T p. m Xt
12 m W M p. m HO
l p. m 1W
WILD ENGINE KILLS FOUR MEN
Crashes Into Rutland Kler, Pilled
with Paaaenaers, lint Only the
Crews Meet Death.
BURLINOTON, Vt.. Jan. 2. A wild en
gine running from Burlington to Rutland
on the Rutland, railroad crnshed into the
northbound flyer from New York tonight at
Shelbourne. The crews of both engines
were killed and a brakeman who was riding
on the wild engine was probsbly fatally
hurt, and nearly every one of the flyer's
crew were Injured more or less seriously.
No passenger were hurt, although many
received bruises. The dead are:
DENNIS MAHONEY of Rutland, engineer
of the flyer.
R. COWEY of Rutland, engineer of the
wild engine.
JAMES FITZPATR1CK of Tlconderoga. !
fireman.
1). N. CHASE of Rutland, fireman.
The cause of the accident Is not defi
nitely known, but Dr. Stewart Webb, pres
Ident of the road, says that he believes
that Engineer Cowcy, who had charge of
the wild engine, had figured that the flyer
would be late, as it usually was, and that
he could run to Shelbourne for a siding
before the uptraln reached that place. To
night the fixer was on schedule time.
The Impact of the collision was terrible
and only the heaviness of the flyer pre
vented a greater dlsaater. As It was, both
engines were totally demolished, the boiler
of one exploding with a terrific report.
MRS. TINGLEY ON THE STAND
Denies Flatly that She Said Life at
Loma Would Make Marriage
Relation Unnecessary.
SAN DIEOO, Cal., Jan. 2. Mrs. Catherine
A. Tlngley was placed upon the stand as
her own witness In rebutting the testimony
of the defendant In the trial of her action
for libel against the Los Angeles Times.
All of the principal charges made against
her in the Point I soma institution of which
she is the official head were read to her
and she denied thorn ad seriatim. She was
a cool, deliberate witness and In answering
the many details that were evolved from
the question took most of the afternoon.
She had a ready explanation for such of
the charges and Inferences as she did not
repudiate.
She stated with much emphasis that ehe
had not withheld food from children, aa
was related In the deposition of Dr. An
derson of San Francisco, but on the other
hand. It was one of her theories of the
child rearing that the Infant should be fed
every half hour. 8he flatly denied what
Lours Fitch of Hartford," Cotto.,' had testi
fied to in alleging that she had stated that
life upon Point Loma would evolve a state
which would make the marriage relation
unnecessary.
An Incident of the day was the refusal
of the trial Judge to permit the Jury to
go to Point Loma to view the Institution,
although It was strongly urged by Mrs.
Tlngley' counsel.
COLORADO BANKER IS MISSING
James II. Robin, President of Rank of
Sllvrrton, Disappears, Lrsrlng
Mobilities of a.'HHMMNJ.
SILVERTON, Colo., Jan. 2. Owing to the
disappearance of the president, James H.
U.hln n .. I. ail . . l .. I
u,... "'o i o..:..Uu ... o
today by the cashier A. H Munde. The
bank Is capitalized fbr 130.000 and Its 11a-
bilitles are estimated to be about $.100,000.
.vu.u. . ..... ,........ o.ut,iu.u..,.
nas not Deen Been since yesterday. It le
Hld he has been acting strangely of late
and the theory of his friends is that he
has become demented and wandered Into
the mountains. Acting on that theory tho
sheriff has sent several parties out to
, aearch for him.
The creditors met tonight and appointed
I a committee to Investigate the banks' con-
dltlon, provided Mr. Robin doe not appear
tn a day or two.
MARSHALS MEEJA WATERLOO
One la Killed and Two Others Se
verely Wounded by Pnknown
Man They Tried to Arreat.
MCURTAIN, I. T Jan. 2 Three
United State deputy marshals, Sam Sor
rels of Klntalt, Ralph Scargall of Mc
curtain and another, whose name has not
been learned, were shot by an unknown
man who resisted arrest today at Coal
Creek, a small town on the Kanaaa City
Southern road.
Deputy Sorrels wa killed Instantly, the
other two deputies being severely wounded.
While the deputies were attempting to ar
rest the man he suddenly drew two re
volvers and opened fire. Freeing hlmsel:
from arrest with the weapon, he disap
peared across the country and has not been
apprehended.
WHY HIGH COAL RATES PREVAIL
4 hlcniio il Council Committee Hears
Btntementa of Dealers aa to
t'
the faaae.
CHICAGO, Jan. 2. Testimony from wit
nesses representative of the mine owners,
wholesalers and retailers of coal was heard
today by the city council committee on
railroads, having In charge the Inquiry into
the cause of the present high prlres of soft
coal. Out of 150 Invitations sent out by the
committee nearly forty were responded to.
Tb'j committee It-terrogated the dealers,
but all the testimony was to the effect
that a combination of economic rauoea and
the Jaw of supply and demand have caused
the present lack of coal and consequent
high prices.
Movements of tlceun eaaela
Jan. 8.
At Movllle Sailed Corinthian.
Liverpool, for liulifax and Ht. John.
from
At IJiietnstown Arrived Cymric, from
New York, for Liverpool, and proceeded.
Balled Merlon, from .Liverpool, for Huston.
At Hrimtii-ail, Iec. 21 i'ud Noiaadlc,
from New York, for Liverpool.
At New rlea ns Departed Clarke and
barges, for Ht. l.oois.
At Liverpool Bailed Hovlc, for New
York.
At Am werp Arrived Nsderland, from
Philadelphia.
At f uinampton Arrived St. Louis, from
New V oi k.
At I'rook Haven Passed Etrurla, from
Now Vurk, tor yueeustuwu and Liverpool.
LILLIE CASE DRAWS
More People With to Attend Thai Can Gain
Admission to Court Boom.
DOCTORS DESCRIBE THE WOUND IN HEAD
Member'of Coroner' Jury Alto Placed on
Stand by the State.
MAKE SOME EXPERIMENTS WITH REVOLVER
Conclude Weapon Wu Close to Head of
Victim and Ala to Window.
DEFENDANT TALKS TO A BEE REPORTER
Telle How She Waa Sweated br Cor
oner's Jury at Time When She
Waa 111 Points Ont Some
Inaccuracies.
DAVID CITY, Neb., Jan. 2. (Special
Telegram.) When court convened thia
morning the room was filled to lta utmost
capacity, showing conclusively that Interest
In the Llllle murder rase had not dimi
nished during the recess. Mrs. Llllle ar
rived at the court room accompanied by
her parents, Mrs. Gelslnger, her sister, and
Sam Llllle.
Dr. S. C. Beede wa the first witness. He
said:
"I was called to the Llllle residence on
October 24, arrived there about 5:30 In the
morning, found Mr. Llllle breathing heavily,
-i""B. " - """'
inrowa somewnai to ins souiu. i nanru
Mr. Llllle from which direction the bullet
bad been fired. She answered from the
west side of the bed. We removed the pa
tient to the hospital, when we enlarged tho
opening In the skull.
"Found grains of powder In the edge of
the wound and for about one-eighth of an
Inch around the wound. We also made In
cisions for the purpose of locating and re
moving the bullet. From what I had been
told a to the direction the bullet had been
fired I supposed the bullet would be found
on the right side of the head.
Fired at Close Han ere.
"I assisted Dr. 8ample In the autopsy
that was made.
"The bullet entered the skull about one
and one-half Inches In front of and a little
above the right ear and was found In the
has? of tho brain and about one inch behind
tho left ear.
"At the time I thought the bullet bad
been fired from a distance of about two
feet or more. The fracture of the akull
would Indicate that it was fired from a
closer range."
The doctor, by the use of the skull of an
adult person, demonstrated to the court the
point whore the bullet entered the head
and also where It waa found.
On cross-examination the doctor said
when he arrived at the Llllle house that
morning It was about daylight; that his
opinion a to the distance the shot was
fired le based on the powder burn and that
when be first saw Mr. 1.1)11 that morning
hi head wa lying etraighti there might
have been a variation of an Inch.
On Indirect examination the doctor said
that In hi opinion tho pistol must have
been very close or Immediately against
the skull.
Dr. H. K. Burdlck wa the next witness
called. He Is a partner in the David City
hospital. He wns present at the hospital
and examined the wmind In Little's skull.
With the use of the skull of an adult per
son the doctor demonstrated tJ the court
tho point whore the bullet struck and
where it was found. Tho witness sub
stantiated tho testimony of Dr. Beede.
Testimony Refore Coroner.
Long before court convened this after-
non the largo room was crowded and
manv were linnhln tn vat In tiMpln.
' '
distance and remained In the hallways,
John D 8pnigue . flrgt w He
w a member of tn, c0roner'e Jury,
..0ur attention was called to the wound
ln uui,,'. nead bJP , coroner. I remained
there during the entire time of the autopsy.
Mrs. Llllle was a witness before the cor
oner's Jury; she described the manner In
which the killing was done. She said the
was awakened by a man standing by the
bed pointing a gun at her; she rolled oft
the bed Just as he shot. She got up Imme
diately and went Into the girls' room,
called them and told them that a man had
shot Harve. She said he wa a man about
the size of Mr. Llllle. She could plainly
see the man, but she could not distinguish
his features; that he might have had a
mustache, but was sure be did not have
whiskers; If he wore a mask It wa a tight
fitting one. She said the man stood about
half way, lengthways of th bed and about
one foot from the bed on the west side.
"In showing the coroner's Jury the posi
tion of the burglar, she stood almost erect,
possibly leaning a little forward. I think
she said the bead of the bed wa out from
the wall about ten Inchea and the foot of
the bed about two feet. The distance from
where Mrs. Llllle aald the man stood' to
the window la about six feet and from the
curtain to the window glass Is from four
to six Inches. The second time we were In
the bedroom we examined the hole In the
curtain, window and screen closely. On of
tho Juror held a revolver over the bed,
placed a man on the bed, placed another on
the other aide of the bed to take the place
of Mrs. Llllle and I took a pencil and tho
renrll was slightly elevated, that Is, the
outside was a trifle higher than the hole In
the glass. The holo In the glass was a
round hole and the hole ln the screen was
smaller. The screen was not lorn."
Identify Window and Curtain.
The window was brought Into court and
partly Identified by the witness. The win
dow glass Is powder burned about two
Inches In diameter. The powder burn Is
still plain on the glass. Tho window cur
tain was also produced and Identified a
the curtain taken from the window In the
Llllle bedroom. The hole ln th curtain
made by the bullet la about one-halt Inch
In diameter. The powder burn on the
curtain is from three to four Inches
In dlsmeter. The window and curtain were
admitted in evidence.
Witness gave an outline of tho tests made
by the coroner's Jury as to the distances
of powder burns on window glass and lac;
curtains. His evidence In thia respect was
substantially tho same as that of Coroner
Sample. The window sssh, glass and cur
tain which was used In making th testa
by the corecer' Jury was Introduced In
evidence and witness portrayed to tha
court the position of the window and cur
tain In making the trsla. In the test mads
at a distance of six Inchea and more there
was no discoloration of the glass or curtain,
but at a distance of three Inches the pow
der burn wa about th same a on th
glaaa and curtain In the Llllle borne.
The attention of the witness wa called
to th time two ot the Jurors lay on the
ft
1
