The Omaha Daily Bee. i:sta;lisiii:d jum: 10, i87i. OMAHA, T1IU11SDAY MOHSI3G, JANUARY 8, 1903-TEN PAGES. SINCiL K COLT TlIliEE CENTS. PUSHES TRUST LAW'S President Desires Immediate Legiilation to Cnrb Combines' Power. CALLS CONGRESSIONAL LEADERS TO HIM Discussei Matter with Speaker Henderson and General Qroivenor. BILL IS TO COME UP THIS SESSION Ho Particular Measure Yet Agreed to or Considered at Conference, MIDDLE COURSE LIKELY TO BE TAKEN Bettered Legislators Will Steer Clear ( Too Radical, as Also Too Con servative Action, la Deal-Ins- with Problem. WASHINGTON, Jan. 7. President Roose velt had a conference today with Speaker Henderson and Representative Grosvenor of Ohio with regard to proper antt-trust leg. ialatlon. The conference lasted for a con siderate time, the situation In the house being discussed thoroughly. It Is understood that the president im pressed upon his callers, who went to the executive offlcea at his request, his desire that some legislation dealing with the trust quesMon should be enacted at the present session of Congress. No particular measure was under discussion and, of course, none wan agreed upon. "The trust question Is a most difficult one to handle in a legislative way," said Gen eral Grosvenor, aa he left the executive offlcea, "but I think some measure will bo enacted into law at this session. It will be necessary to steer a middle course be tween the desires of the radical anil-trust people and thoso who profess to aee little evil In trusts or combinations of capital. That such a course will be adopted by con gress I have no doubt." It la stated that at the conference today the 'question of bringing the subject of trusts before the house in a formal way at an early date waa considered, bufwhat con clusion, If any, waa reached is not known. MAJOR THREATENED"" DEATH Filipinos Forced to Act aa Galde I'nder Penalty of Instant Execution. MANILA, Jan. 7. Two natives, . former officials of Calbaygo, Inland of Samar. were the only witnesses at the trial today of Major Edwin F. Glenn. They told of Major Glenn'a arrival at Calbaygo, and aald he directed the cltl rens to assemble in his office. When they appeared he read General Smith's order and advised them to aid the Americans in the pacification of the island. He aatd thla pacification waa in their hands and directed them to go out and confer with the In surgents. He warned the cltizena that If -tha Insurgents, filled to surrender tbey would be used aa guides to conduct the American column against the enemy. On witness' said Major Glenn had taxed htm with knowing the location of General Lukban'a company. He aald the major named htm that if he failed to find Luk ban he would either be hanged or ahot. The witnesses gavo the names of the aeven guides who are alleged to have been executed under Major Glenn'a orders. LEAVE TRUSTS FREE OF LAW James Eckels Rays Less Rather Than Mora Legislation la Needed. CHICAGO, Jan. 7. James H. Eckles, ex comptroller of the currency, was the prin cipal speaker at the banquet of the Illinois Manufacturers' association tonight. Mr. Kckles deprecated the tendency to enact laws to control or aupervlse business enterprises. He declarea that the country did not need lawa to control Its business enterprise, but would be better off if there were less law rather than more. He asserted that the one thing from which business Interests suffered waa over-legislation, instead of in sufficient legislation. The appeal which the business men might well make to the legislatures waa to be left to regulate their own business undertakings free from leg. islatlve interference. The evlla alleged to spring from combina tions of capital were greatly exaggerated and none of the pessimistic predictions re garding them had been realized. MASKED MEN RAID JAIL Fore O lllcer to Give fp Keys and Free Two Alleged Lynchers. LEWISBURG, Tenn., Jan. 7. Last mid night thirty masked men released W. p. Hopwood and W. H. Johnson from the Marshall county jail. The prisoners were charged with lynching a negro named John Davis and a numeruosly signed peti tion to Judge Houston to grant a special term of court to try them hod been re fused. The Judge's action became known here last night and shortly afterward the masked party appeared at the door of Sheriff Wallace's residence. The assist ant jailer answered the summons and was forced to give up his keys and the prison ers were released. The keys were then re turned to the officer and the crowd quietly departed, taking the alleged lynchers with them. The whereabouts of the fugitives la unknown. TRAIN SMASH KILLS TEN Plttannrg Passenger Collides with Freight Owing to Flagman's Mlstak. FITTSBl'RO. Jan. 7. A Pittsburg. Vir ginia Charleston passenger train collided with a freight neir Puquesna tonight, re sulting in the death of fifteen or twenty. The railroad officials at 7 stated tbat ten people were killed outright and quite a number injured. From meager accounta to band it seems the freight train had orders to take a aid ing to lot another freight pass. In coming bark to the main track the flagman, it Is said, instead of going ahead with his trMn, went back to lock the switch. Just at this time the Ktliabeth accommodation came along and crashed into the freight head-on. The engine was forced through the smoker, killing or Injuring every passenger in that car. Ro far known, the passengers lit the other ears escaped practically uninjured. POWERS HASTEN SETTLEMENT Allies Are Aaslona to Adjust the Tronhle In tmriarla .cxen as Iossllle. BERLIN, Jan. ' '. portion of the Joint reply of the po '',( '-oezuela sug gesting a settlement , -Miration only goes so far as to oft, sufficient guarantee for the for a of 13.15,000 to each power. This reservation remains as the fixe, only condition precedent to arbitration negotiations direct for a supplementary agreement. The German government would much pre fer to close up the matter by negotiations through Minister Bowen while the blockade continues than withdraw the blockade and adjust the claims through The Hague arbi tration court. WASHINGTON, Jan. 7. Through the United States embassy at Rome, the State department today received the answer of the Italian government to President Cas tro's proposition, which has been duly for warded to Caracas. It Is stated that the Italian note Is on lines similar to the British and German de mands. CARACAS. Jan. 7. The answers of the powers to President Caetro's last proposal relative to arbitration were delivered to him this afternoon by Mr. liowen. A meet ing of the cabinet was at once called to consider these communications. It is expected that the president's answer will be banded to Mr. Bowen tonight. It has been learned from an authoritative source that the answers of the powers de livered by Mr. Bowen this afternoon have created a feeling of depression in Venezuela government circles. All sorts of rumors are current In Ca racas tonight concerning President Castro's reply, but none of them are reliable. LA GUAYRA, Veneuela, Jan. 7. Fish ing smacks were not allowed to leave this port yesterday evening owing to some of them having Infringed their blockade per mlts by communicating with and purchas ing goods from a sloop which had contra bands of war on board. ALL PAY SAGASTA HOMAGE Two Hundred Thousand Persona Tarn Ont to Watch Dead Stater man's Fnnerat. MADRID, Jan. 7. King Alfonso, who had expressed the Intention of attending Senor Sagasta'a funeral today, was dissuaded by the ministers, who feared political demon strations. .The funeral was a remarkable public demonstration. Behind the lines of troops were crowded masses of people, mostly of the lower classes. They were silent and respectful and bared their heada aa the cortege traversed the two miles to the Pantheon. Every window along the line of march was filled with spectators from the upper class of society. In addition to the mourners all the cabi net ministers, as well aa representatives of King Alfonso and of the queen mother, followed the remains. Almost every publics body and every class of society were repre sented In the procession. The splendid funeral car waa drawn by six horaca and flanked by the king's . halberdier and tho ushers of congress and the senate, bearing lighted tapera. It la thought 2C0.OO0 people were on the atreeta. FORCED TO SUPPORT KAISER ICrnpp'n Late Workmen Wire Wllhetm that Compalsloa Alone Led to Prevlons Message. BERLIN, Jan. 7. The employee of the Vulkan works at Stettin have aent Emperor William the following telegram: The assembled men of the Vulkan works declare they disapproved of collecting sig natures to an address supporting the em perors attitude In the Krupp affair, and disagreed with the contentM of the tele gram sent. They declare, on the other hand, that the telegram was a concoction designed to de ceive his majesty regarding the true and honest sentiments of the working clashes. The signers were Induced by direct or In direct compulsion to eign this telepram. They deem It Irrecnnsilable with their manly honor as working men to deceive his majesty concerning their true senti ments and declare that they signed only through fear of pecuniary damage. A resolution embodying the foregoing was adopted at a stormy meeting. The address complained of waa an endorsement of the emperor's two speeches to worklngmen directed against the late Herr Krupp's as sailant!. CHINA IS JSIVEN NOTICE lotted states Only Nation that Does Kot Insist Upon Pnyment in Gold. PEKIN, Jan. 7. At a meeting today all the foreign ministers except Vnlted States Minister Conger algned the joint note In forming the (.'hlnese government that a failure to fulfill ita obligations In refusing to pay the war Indemnity on a gold basis, as provided for by the peace protocol, would entail grave consequences. DISLIKE REPORT ON LEPERS Honolulu Republicans Arrange a Pro test for Presentation to Congress, HONOLULU, Jan. 7. The report of the senate committee on the leper settlement at Molokal baa aroused considerable oppo sition here. The republican central committee haa de cided to petition for signatures and send the protest to congress. Koch (ets lllg Fee. BERLIN. Jan. 7. Prof. Robert Koch, the eminent bacteriologist, who sailed today from Hamburg for Rhodesia to atudy the cattle plague for the BrttUh South Africa company, recelvea as compensation 2."o daily, exclusive of bis expenses, and hue the assistance of two high, salaried doctors. Sensational Reports Are Denied, LISBON, Jan. 7. The reports sent out from hero that reservoirs In thla city had burst, that many persons had been drowned and that the people were panic-stricken are untrue. Aa a matter of fact, a bursting water pipe flooded one shop, which wis damaged to the extent of f 150. No one waa injured. Rifles for the sultan. PARIS. Jan. 7. The Temps correspond ent at Constahtincple telegraphs that rep resentatives of the Mausers signed a con tract today providing for the delivery to the Ottoman army of 2u0,000 rifles. Argentine tattle Free. LONDON, Jan. 7. The admission of Ar gentine cattle into the United Kingdom is awaiting only the drawing up of the regula- I lions and the promulgation in the Gazette. BEET SUGAR MEN GIVE IN Decide to Ceate Farther Opposition to Cuban Reciprocity Treat)-, OXNARD SO INFORMS THE PRESIDENT Conference of Representatives from Beet Sugar Prodaclng States to Be Held at an Early Date. (From a Staff Correspondent.) WASHINGTON. Jan. 7. (Special Tele gram.) Henry T. Oxnard had a confer ence with the president today. He Informed President Roosevelt, as well aa senatora and representatives with whom he con versed today, that the beet sugar Interest will no longer oppose the granting of lower duties to Cuba through the treaty that haa been negotiated. If Mr. Oxnard voices the sentiments and attitude of the beet augar producers the matter is already settled. It is understood the representatives of the beet sugar pro ducing statea will have a conference In the near future and decide upon some plan of action In relation to the Cuban treaty. Should the opportunity offer, it is believed that an effort will be made to postpone action on the treaty until next session. Confer on Leasing Bill. A conference lasting over two hours waa held tonight in tho office of Secretary Hitchcock for discussion of the proposed bill to permit the cattlemen of Nebraska to lease front the government certain lands for grazing purposes. Those present were: Secretary Hitchcock, Judge Vandeventer, assistant attorney general; Senators Diet rich and Warren, Representative Lacey, chairman of the committee on public lands, and Representatives Burkett, Shallenberger, Jones, Miller, Shafroth. Griffin. Gibson and Moody, members of the public landa com mittee. During the aesslon every phase of the situation waa presented and discussed thor oughly. At the conclusion of the confer ence It was agreed that the Nebraska dale gat Ion be permitted to draft a bill and submit it to Secretary Hitchcock and Chair man Lacey. It la now thought that since a full conference has been had a bill can be drawn by the Nebraskana embodying points that would be acceptable to all con cerned. The main points, aa printed In previous dispatches to The Bee, after a conference between the cuttlemen and Ne braskans and Major Lacey Just prior to the holiday adjournment will be incorporated In the bill to be drawn as a result of to night's talk with Secretary Hitchcock and Judge Vandeventer. John C. Stevens of Lincoln, haa been ap pointed assistant engineer In the geolog ical survey service, at $1,200. Postmasters appointed: Iowa, W. O. Bock, New Albin, Allamakee county; Z. O. Pres ton Woodward, Dallas county. South Da kota,' Helos H. Koons, Richland, Union county. Army Appropriation Bill. The house committee on military affairs today concluded the work on the army appropriation bill which will 'carry an ap propriation of 72,S38,867. about SS.OOO.OOO less than the estimate. The appropriation last year was J91.248.36. Provision la made for the mustering out of the Porta Rlcan provisional regiment on July 1 next, the soldiers to receive two months' extra pay, also that soldiers qualifying aa expert riflemen shall receive $1 extra pay per month, also to authorize the secretary of war to accept $10,000 from the Daughters of the American Revolution for the ereo tlon of a memorial building for the physical and moral welfare of the enlisted men at such military posta aa the secretary of war may direct. Tho principal Itema to the bill are aa follows: Army war college, $15,000; pay of ofneera, $5,000,000; pay of enlisted men, $9, 000,000; hospital corps, $75,400; pay of re tired officers, $2,171,650; pay of retired en listed men, $724,327; additional pay for offi cers and enlisted men serving on foreign stations, $700,000; Philippine acoutg, $670,. 160; subsistence, $7,000,000; quartermas ters' supplies, $5,000,000; Incidental ex penses, quartermaster department, $2,200, 000; barracks and quartera, $4,750,000; bar racks and quarters in Philippines. $500,000; transportation, $15,000,000; clothing and camp equipment, $4,000,000; for completion engineer school In Washington, $360,000; ordnance stores, $825,266; for manufacture, repairing and issuing arms at national ar mories, $1,700,000. Report of Philippine Commission. The president today submitted to con gress the third annual report of the Phil ippine commission, with extensive appen dixes. Accompanying the presidents let ter of transmittal was a letter from Sec retary Root, making a strong plea for im mediate help by congress for the inhab itants of the archipelago. In bis letter transmitting the report and indorsing Secretary Root'a plan. President RooBevelt says: I call your attention to the recommenda tions contained In the letter of the secre tary of war. I most earnestly feel that the enactment of the measure,, already pending in your body for the betterment of the I'hillpplne Islands is Imperatively de manded by the situation in thoBe Islands and serious calamity may come from fail ure to enact them. Secretary Root In his letter saya: I beg to ask special consideration of the recommendations of the commission, all of v.hlch have my hearty approval. it 6wmi to me the conditions resulting from the destruction by rinderpest of Do per cent of the draft animals of the islands and the consequent failure of the rice crop, followed by an epidemic of cholera, call for action from congress beyond that which the commission specifically asks. The removal of export duties on goods 1 shipped from the Philippines to tile I'nlted Mad'S has malirlaly reduced the revenues of the Islands, while the duties collected In tin- Tutted States on Imports from the Philippines which were to be turned over to the Insular treasury have amounteu to practically nothing. At the same time the decline in the price of silver, the evils of a fluctuating currency and tho impoverish ment of the pcoplo have reduced the gov ernment revenues when they are most needed for relief. I think the occasion for relief In the Philippines W) now greate' thin It was In Cuba when congrrtn ap propriated 13.oui.oi.) fer the payment of the Cuban soldiers, or than It was In Porto Hieo when thousands of dollars were con- I trlbuted by the peopie, and more than Sl.uuu.emO paid out of the national treasury lr the relief of the sufferers from the hur ricane Of AllRUSt. lKMj. An appropriation of not lesa than $3.0u -Ooo for the relief of the distress In the i'hillpplne Islands would be In harmony with the eourae pursued toward other Span ish islands. Previous experience indicates that such ' an appropriation could he made most use ful by giving the Philippine governm-nt discretion to apply it in such proportions aa it deems wise. Favors Arbitration Treaty. j The senate committee on foreign rela tions today authorized Senator Lodge to report favorably the general International arbitration treaty recommended by he Pan-American conference held at he City of Mexico last winter. The treaty Is on the lines ct The Hague treaty, but applies only to the republics of the western hem- (Continued on Second Page.) FRICTION MAY BE RESULT Brotherhood of Railway Trainmen Ask for More Than Roads Are Willing to Pay. ST PaUL, Minn., Jan. 1. It became ap parent today that unless the Brotherhood of Railway Trainmen recede from two pointa the settlement of the wage contro versy cannot be reached without acute friction. It became public today tor the first time that the men demand not only a 20 per cent flat ir.cresse Id pay, but the addition of "an absolute rule guaranteeing double pay for handling freight trains ol more than thirty cars, or trains hauled by more than one engine." The railway managers uniformly speak of this demand as "preposterous." The Great Northern sent a communication to Ita committee asking If a proposition for a smaller increase than 20 per cent would be received for consideration. The reply waa that ne application for less than the full amount eould be received under the Instructions of the chiefs of the order. This explains why practically no progress baa been made towards a settlement. A meeting will be beld In Chicago to morrow by the managers and several from St. PauJ will attend ST. LOUIS, Mo., Jan. 7. P. H. Morrlssey. grand master of the Brothrhood of Rail road Trainmen, and A. B. Garretson, as sistant chief counsellor of the Order of Railway Conductors, arrivod In St. Louie today to confer with the committees of their respective orders in regard to the Increase of 20 per cent demanded from the western roads, which the roads have refused. An executive session 'was held soon after the arrival of the offlcla. It waa under stood that the point Wank refusal of the railroad officials to grant the Increase asked necessitated the presence at Messrs. Mor rlssey and Garretson In 8t. Louis before Turther action could be autbentatlvely taken. In addition to the 20 per cent Increase a demand was made for an additional man on each train of thirty cars, or a train hauled by two locomotives. Thla was also refused. FREIGHT MOVES TOO FAST Western Roads Propose to Lengthen Trip from Missouri River to- Chicago. ( i CHICAGO, Jan. 7. A movement la on foot by the managers of the Western rail road lines-to lengthen the schedules of fast freight tralna between Chicago and Missouri river pointa by at least six hours. The exceedingly fast time which Is at preeont maintained on all roads haa re duced the train load to a point where transportation of certain packing house products la furnished on an exceedingly narrow margin of profit It la eatimated that If the time was lengthened between Chicago and the river points so that the minimum schedule could be twenty hours, the tralnloada would be Increased 25 per cent. . Should this step be taken it is likely to cause some controversy between e act era and western roads, asjthe former have fixe Their schedules iy'soulmodaU" the western traffic. EMBARGO TO BE LIFTED SOON Foot and Month Disease is Practically Over la New England States. BOSTON, Jan. 7. Dr. D. K. Salmon, Census bureau of animal Industry, ex presses his belief that before the end of thla week all cattle suffering from the foot and mouth-disease in Massachusetts will have been deatroyed. It la expected tbat within two weeks the cattle embargo will have been lifted from New England. OTTAWA, Ont., Jan. 7. A report re ceived from Canada'a commercial agent at Jamaica, says the governmet of Ja maica has passed an order prohibiting the Importation of cattle from Canada and the United Statea on account of the foot and mouth disease in New England. MEIGHAN WITHDRAWS APPEAL Ogden Postmaster Goes to Jail for Fmbesallng Government Bonds. SALT LAKE CITY, Jan. 7. Charles Meighan, former postmaster at Ogden, convicted of lembezzllng government bonds, today withdrew his petition for an appeal and left this afternoon to serve his sen tence of a year and a day In the state pen itentiary. "I wish to have it over with," Meighan aald. "Some day the truth of this matter will come out, but I can't stand the sus pense." MARRIED ONLY THREE DAYS Millionaire Lumberman Weds on Mon day, Only to Snccnmb on Wednes day to Old Disease. MILWAUKEE, Jan. 7. William H. Brad ley, the aged multi-millionaire lumberman, is dead. He died In the same Invalid chair In which he sat on Monday last when Judge Halsey performed the marriage ceremony which united hlro to Miss Marie Hannmler, his private secretary. His wife and his adopted son, William T. Bradley, were present when he breathed his last. GAS PUTS FIRE OUT AT LAST Arlaona. Mine Saved from Flames After Four Months' Hard Work. JEROME, Ariz.. Jan. 7. The mine fire that haa been threatening to destroy the United States Verde copper mine at this place for four months haa been ex tinguished. Heavy carbonic acid gas was forced down the shaft, displacing the oxygen and finally smothering the flames. Movements of Ocean Veaaels Jan. 7. At New York-Arrlved-Hekla. fror. Copenhagen; Finland, from Antwerp. Sailed St. Paul, for Southampton: Pots dam, for Rotterdam, via Boulogne: Travu. for Naples, (ienoa and Alglen; Teutonic, for Liverpool. At Hrow head Passed Celtic, from New York, tor Liverpool. At Genoa Sailed Scyclla, for New York. At the Lizard Pasoed Philadelphia, from New York, for Southampton. At Liverpool Sailed li'ihemlan, for New York; Cymric, for New York. At Hamburg Arrived Klucher, from New York, via Plymouth and Cherbourg. At yueenstown Arrived Westernla nd. from Philadelphia, for Liverpool, and pro ceeded; Celtic, from New York, for Liver pool, and proceeded. At Southampton Arrived Philadelphia, from New York. LESSONS OF BOOTH'S LIFE rounder of the Sanation Army Telli of It Great Achier menta. ORGANIZED TO AID SINFUL HUMANITY Thirty-Seven Years of Struggle In an Kffort to Lessen Unman Misery and Reduce the Sum of Crime, What Commander Booth-Tucker called "a blizzard-proof congregation" gathered in the Frist Methodist church last night to bear General William Booth, founder and supreme officer of the Salvation Army, tell "The Lessons of My Life." Deap.te tho Iras clble weather tho church was comfortably well filled and the keenest interest in the exercises of the evening was manifested. The muslo was in charge of Bandmaster Dove, and Commander Booth-Tucker opened the program by leading a hymn, "Love so Amazing, so Divine." Then fol lowed Captain Rawley of General Booth'a staff 1th a solo, "Till His Kingdom Come," In which the congregation shared the chorus. Commsnder Booth-Tucker then intro duced H. H. Baldrlge. chairman cf the meeting, who In turn eulogized the speaker of the evening. Mr. Bald lg ou ln-d briefly the history of the Salvation Army, and Indicated ita wonderful growth from a scorned handful of human helpers t an army of blue-coated, blue-frorked men and women who are going into the haunts of sin and fighting evil and misery, and who are carrying the gospel Into the unseen corners of tho great cities. General Booth hlm?elf speaks in some what strident tones and with a masterful manner He is much given to wit and anecdote, his talk being honeycombed with both. Despite his great age he is active In gesture and accentuated in the phrasing of hla oratory. Said he: "I appreciate this hearty welcome, and I understand that the greeting Is Intended more for the organization than fir m In that light I may say that It la well deserved, for has not the Salvation Army done a great work? I ask you to Judge of this, all of you, but judge not wltn public opinion as a guide, nor yet take our own estimate of ourselves. Judge by tho fruits alone. Thla Is the standard by which men measure things In the commercial world. What the Army Has Done. "Remember further in arriving at your verdict that the army is only a child yet, so do not expect too much. When wo liave lived as long as Methodism or as the Episcopalians, or the rest of them, we will have accomplished as much as they. "But we are strongly orthodox. We be lieve in sin as being all evil. We believe In a final judgment. We believe in the everlasting destinies of heaven and hell. We believe In the crucifixion of Christ, in God and man and in that sacrifice by which sufficient laving grace was born to meet the wants of fate. "Yet we do not ask for sympathy on the grounds of our orthodoxy. We stand solely on our work. I bold tbat one ounce of fact is worth a ton of theory, ap. 'What havs we doner "Our work Ilea In the great hlghwaya of suffering and destitution and drunkenness and harlotry and crime. It ia two.old. We not only rescue souls that have gone down; we also prevent evil. , "We fill a great field. In the big cities there Is not church accommodation for one-twentieth of the Inhabitants. So while tho email fraction is In church, what's to be done with the rest? Are they to be -left drifting? . This was the problem which con. fronted me thirty-seven years ago. My ao lutlon was to train an army of men and women to follow these great crowds into the haunts of sin and crime and compel them yes, that'a the word and compel them to believe with us and live as we teach. We started with little bands In London, email companies, and have since grown Into battalions, regiments, brigades, divisions and a vast army. Extent of the Forces. "From that small beginning we have ex tended till now we, are In forty-nine coun triea and colonics in the world. Our forces speak altogether thirty-one different lang uages, which would make us out not so Ig norant as some suppose. Indeed, In some countries our officers are compelled to use five or six languages each constantly. "We have alltold 7.400 societies over the world, and 15,600 officers and others con stantly employed In our service. Then there are 47,000 other local officers who live by the sweat of their hrowa. In addition there are 17,006 bandsmen. "In a literary way our contributions are not small. We have sixty-one publications issued and twenty-seven newspapers, which are printed in twenty-three languages and aggregate a circulation of 1,000,000 copies. "Our social side Is also of great import ance and extent, though it really differs not at all from our spiritual side. To dis criminate) "between the two Is to make a dls tlnct!on without a difference. We have 615 social institutions, and we house 17,000 un. fortunatea every night. We feed 300,000 every meal of every day. "A great feature Is our homes for lost women. During the last year we took 6,000 women through these and the total thu helped in the last seven years Is 38,311. "Then we have sixteen homes for ex crlmlnals, and since their Installation we have received 14,172 of these. At present we have 1,500 of them. Lesson of Ills Life, "And this has been my life work. I had no early predilection for such. I was brought up !a a worldly home, where my father 6pent all his tlra making a fortune. But at. the ago of 15, when 1 was well started toward a wicked youth, I altered. The spirit of Ood seized me, and from the sacrifice then made sprang the Salvation Army. That'a what I have done with my life. What are you doing with yours?" At the close of the address E. A. Benson extended a vote of thanks to "th general of the army of peace." Others on the plat form were Rev. E. Comble Smith cf the First Methodist church and Secretary Wil lis of the Young Men's Christian associa tion. Whr II Came to Omaha. "We come here to arouse public sym pathy for my scheme to civilize, humanize, Christianize, utilize, the criminal classes," said General Booth to a party of news paper men In his private car "Wanderer" at the Union station yesterday afternoon. "Our work is with the paupers, criminals, drunkards and fallen women those people who produce nothing and are a charge upon the community. The state punlbhes theso people, but It Is not punishment we want, but reformation, and I think I have showu how this tan be acconiplibhed economically. All our Institutions must be belt-supporting for, because of the magnitutdo of the un dertaking, the charitably disposed people (Continued on Second rage.) I CONDITION 0FJTHE WEATHER Forecast tr Nehrsskn Knlr Thursday; Warmer Friday. Temperature at Omaha Yrnterdnyi Hour. lies. Hour, Itcsr. A a. m U7 1 p. ni 2 a. m jtd II p, m aa 7 a. ni 7 a p. in i2 N a. m vil 4 p. ra ill ! a. m X.1 R p. ni to a. m u.l tl p. sn 1 11 a. m li.l T p. m 1 l 12 m u:l M p. m 1.1 l p. ni 14 M'DONALD GAINSF0UR VOTES ct Result In the Recount of the Fifth County Commissioner Dis trict. , With a total of thirteen ballots thrown out because improperly marked, the recount made in the county court In the McPotiald Lobeck contest for commissioner of the Fifth district gives McDonald two less than the canvassing board gave him and Lobeck six less that tho board gave him, or a net gHln of four for McDonald on tho count up to last night, which count Includes all the seven precincts of the Fifth wnrd and the First, Fifth nnd Sixth precincts of the Sixth ward. Thirty-one ballots were laid aside In the two days' counting to be passed upon and the objections were argued yes terday afternoon. After the arguments, the Judge admitted all except thirteen. Twelve of theee -,vere because signed by only one judge of election and the majority of them were Intended for Lobeck. Tho thirteenth, also a Lobeck ballot, was re jected beccuse the voter had writtet a name in after Mickey's. All rejected bal lots of these precincts are therefore dis posed of permanently, so that the figures given above will stand without amendment. The reason tho skip Is made from the First to the Fifth precinct of the Sixth ward la that the boxes containing the ballots of the Second. Third and Fourth precincts were not certified by the judges of election after the fashion Inaugurated by County Clerk Haverly, and the Judges will be called In to make such certification before tho boxes are opened. Fifteen of the twenty-five pre. tlncts In the district are yet to bo counted. In the following tables the return of the canvassing board appears in the first col umn under each name and tho total of the court'a recount, exclusive of protested bal lots later admitted, appear In the second column: . McDonald. Lobeck. Fifth ward 678 fl k:'2 W2 First precinct of Sixth 131 121 137 l:to Fifth precinct, Sixth 145 141 113 K Sixth precinct, 81xth 91 93 M 945 939 1160 1110 ... 14 Protested ballots admitted atter argument 945 943 11G0 1154 FOR JACKS0NIANS' BANQUET Program is Decided Upon and Ar rangements Completed fov To night's Annual Doings. Arrangements are complete for the twelfth annual banquet of the Jacksonian club at the Paxton hotel tonight. It la the expectation that the banqueters will seated at :?)-a ad-Vt 4hej& will, num ber about 300, aa 230 tickets had been sold yesterday, with many tardy arrivals from the country still to hear from. Last year the attendance was about 200. This aft ernoon from 3 to 6 o'clock the club will receive at Us rooms over 1417 Farnam street and there dispense olive oil from the olive branch, in the hope that peace and harmony may prevail again through out the jurisdiction. At the banquet Harry O'Neill Is to act as toantmaster. Tho speakera will be W. J. Bryan, who is duo at 4:20 this after noon, or at 7:25 this evening, and assigned r.o special topic; Waldo Wlntersteen, who begins the publication of the Dally Demo crat, a new paper at Fremont, tomorrow morning and who will arrive at 4:20 this afternoon to toll all about "The Preps;" W. H. Thompson of Grand Island, who comes at 10:30 this morning and who will tell of "Democracy and Its Duties;" Gil bert M. Hitchcock, congressman-elect of the Second district, who will expose "Jacksonlans;" Judge W. D. Oldham of Kearney, who has arrived already, with the very timely query. "What Shall We Do to Be Saved?"; J. Hamilton Lewis, formerly of Washington, but more recently" of Chi cago, who comes at 9:30 this morning and who has ordered Inserted in the program this want ad: "Wanted, a Constitutional Party." Of course the arrival of each Is depend ant upon the train service and the local Jacksonianc are figuratively "upon their knees" with a supplication tbat the storms shall subside. AUDiTCRIUM CK CONTEST Money Will Re Distributed as Boon as Legal Opinion Is Given. The executive committee of the board of dlrectora of the Auditorium company mot last night at the Omaha club for the pur pose of disposing of a lot of routine busi ness left over from the old board and some accumulated since the new board took charge. President F. A. Nash waa not pres ent, and the vice president, T. C. Byrne, presided. After the meeting members said that nothing of public interest had been transacted. It is said tbat the payment' of the prizes growing out of the sale of common stock tickets will not bo awarded until after a legal opinion Is received upon the subject from the counsel of the company, T. J. Mahoncy. The matter Is In the hands of the old promotion committee, of which H. S. Weller Is chairman. Mr. Weller has at tempted several times to secure the exact vote caat for all candidates ror governor of the atate of New York, and has received figures from the secretary of state of that state showing the total vote cast for gov ernor, but accompanied ty the statement that this total includes over 6,000 votes re turned by the returning board as "scatter ing and blank." The la.it letter lie received from that officer said that since tho board has made Ita leturns there is no way of determining how many of these 6,000 and odd votes are "scattering" and how many blank. For this reason Mr. Weller has de termined to recommend the payment of the premiums on the sale of common stock tickets on the basis of the total vote, in cluding the "scattering and blank," and It is understood only awaits the approval of the legal advisor and the president of the board before taking tbiH cournn. The executive committee is redy to make payment as soon as the matter Is finally decided by those having tho sain in charge. I'realilrntiul uiuinallou. WASHINGTON. Jan. 7. The president to c!ay tent the following nominations to the senate: Army Lieutenant Colouel John A. Johnston, assistant adjutant general, to be brigadier general. STATE LOSES MOSEY Supreme Court Decides Cam Brought Againtt Omaha National Bank. JUDGES NOT UNANIMOUS IN THE MATTER Holoomb and Selgwick and Commissioner Daj Make the Majority SULLIVAN AND HASTINGS DISSENT Original Opinion Written by Commissioner Pay Before Hii Betiremeat. ONLY ONE CHANCE MORE FOR THE STATE Case Tending fterklag Reversal of Verdict Against Lending Honda men of Former Treas urer Hartley. (From a Staff Correspondent.) LINCOLN, Jan. 7. (Special Telegram.)- The Omaha National bank will not be re quired to make good any part of the short age In the state treasury resulting from the embezzlement by Joseph S. Bartley of the proceeds of the sluklng fund warrant for $180,101, converted through the bank. The only posslbllty of the taxpayers being reimbursed for any part of the stolen money h.inps on the pending suits against the principal bondsmen, who were likewise released from liability In tho trial court. The long-delayed decin!on In the bank case was filed late this afternoon. Although In favor of the bank and affirming the ruling of the lower court against tho state, it discloses a divided bench. The chief opinion is written by Commissioner Day and concurred In by Judges Holoomb and Sedgwick. A strong dissenting opinion la written by Chief Justlco Sullivan and con curred in by Commissioner Hastlnge. Alto gether there are five written opinions, the two commissioners contributing being members of the division before whem the case was first submitted, tho third member of tho division not having participated. Decision la Held I'p. By force of peculiar circumstances, the opinion which constitutes the decision of the court is that of a judge who Is not on the bench, having resigned aome months ago to become Judge of the district court at Omaha. Without Judge Day, however, the decision would bo the samo, although by and equally divided bench, because the two supreme court judges concurring would out weigh the dissenting Judge and commis sioner. Attorney John L. Webster, representing the bank, evidently had an inkling that the decision was due, for be cauio down to make sure there was no hitch In the final proceedings. Attorney General Prout and Deputy Attorney General Brown are natur ally disappointed over the outcome, because, while having no personal feeling in the matter, they had put In much study and labor to uphold the right of the taxpayers to hold the bank for the loss. Court is Divided. Commissioner Day, Judge Sedgwick and Judge Holcomb concur In separata opinions; Judge Sullivan and Commissioner Hastings dissenting. The case had been assigned to Commis sioner Day to write sn opinion. Following is the syllabua of his opinion: Where property has been taken from the Plaintiff without his knowledge or conent, or of thone having the lawful custody and control over it. the motive which prompted the defendant to receive and dUtpomi of It is an Immaterial Issue: but this rule ckieB not apply when the plaintiff is agent or servant, having the lawful custody or control over the property consents to or requests tho defendant to receive and dln poso of It. In such case guilty Intent li an essential element of conversion. The opinion saya: This case was before this court upon a former hearing, being reported in f Neb. 4n:!. wherein the Judgment of tho district court, based upon a verdict for the de fendants, returned In obedience to the per emptory d.rection of the court, was re versed and remanded. A rotrial resulted In a verdict and Judgment for the defoiid ants, to review which the state has brought tho case on error to this court. Upon the former hearing the preeent chief just lee took no part; Juxtlce Harrison Joined In tho reversal, but expresfcly stated that be did not concur in the. reasons for reversal an nounced In the opinion of Justice Kulllvaii it in for these reasons we are usked to again examine some of the questions pre viously considered by the court. History of the Action. This action was brought by the state of Nebraska in the district court of Douglas county iiguliiKt the Omaha National bank and J. H. Millard, piesldeut, to recover iJ'l,SM.Ofi, with Interest thereon from Jan uary 2, 18117. The basis of the state's claims Is an alleged conversion by the defendants of said money, which it was claimed whs tiuiii to them on a check given oy J. H hartley, state treasurer, ami which It ii charged they Illegally, wrongfully, fraud ulent. and without authority of law con verted to their own use. li, .ianujy. 189a. the Capital National bank of Lincoln failed, having at the time cm deposit to the credit of the atate 1180,. 101.7S belonging to the sinking fund. For tho purpose of reimbursing that fund out of the general fund the legislature of 1M5 passed an appropriation act, approved April 10. 1VJ5, entitled "An net making ap propriation for current expenses of the state t"vertiinent for the years ending March 31, 1M1, and March 31, 1(CJ7, and to pay miscellaneous Hems of Indebtedness owing by the stale of Nebraska." Among the items for which appropria tion wire made v,s one as follows: "For state sinking fund, aiSO.lol.75. to reimbursH said fund lor same amoint tied up in Capital National Imnk." The warrant Is sued pursuant to this act wa sold to tho Chemical National bank of New York. On K tober or Nirt'emler. 189, the Chemieul National bank, claiming to be the owner of tho warrant, forwarded It In the usjul course of business to the defendant ..arik for collection. The purpose of the legislature in passing the enactment above referred to whs to transfer the state's money from the geneial fund to the finking fund. The Question naturally arises us to the proper methods to be pursued in accompllHhlng that ob ject. Sec tion 2'i, an loin ill, of the constitu tion provides as follows: ' j,-,, mn.y Bna be drawn from the treasury except in P irs.iaioe o a speellic appropriation madj by law ami on the presentation of a war rant Issued by the auditor thereon." Hartley Kniltlecl to Warrant. I'nder the provisions of thla appropria tion act it was entirely proper for Hartley us wiate treasurer to receive from the auditor of state the said warrant, au.i when received to present and register it for 1 uyment hi the same manner of any oth r vMircnt drawn 011 the general fjnd. The fact that money arl-liiK from this appro priation to reimburse one of the state'o funds would islve tho state no greater rlubts in the manner of Ita withdrawal tr.Hii It would have in the payment of any oili.-r ll.ibillt '. The obllKattoiiH of the stale and tlie salaries of lis ollicers are paid by the H-tu'ini-e of warrant drawn UjMn t'le Kuin lul fund. Tli e are presented for pay ment and registered, ami in due course of business are called tu and paid. What r.:l.t bus the state under existing lawn to appropriate money to its use out of the Kiiiral fund mm have it paid ahead of registered warrinls? our law ilocu not recuenizM preferred claims us te) the order 01 payments. The fact, however, that Hartley had the rlKht to receive the war rant conferred upon him no authority to clliose of It hi' wait a mere trustee. In our view he sh Mild have held It when reg istered jntll In the regular com mm of buil-ne-s it was calle d In for payment, then paid it and credited tho sinking fund wlib the amount of tho warrant and iubereev, 1