Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 08, 1903, Image 1

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    The Omaha Daily
i:sta;lisiii:d jum: 10, i87i.
President Desires Immediate Legiilation
to Cnrb Combines' Power.
Discussei Matter with Speaker Henderson
and General Qroivenor.
Ho Particular Measure Yet Agreed to or
Considered at Conference,
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.
Filipinos Forced to Act aa Galde
I'nder Penalty of Instant
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.
James Eckels Rays Less Rather Than
Mora Legislation la
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
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.
Fore O lllcer to Give fp Keys and
Free Two Alleged
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.
Plttannrg Passenger Collides with
Freight Owing to Flagman's
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.
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
13.15,000 to each power.
This reservation remains as the fixe,
only condition precedent to arbitration
negotiations direct for a supplementary
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.
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.
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
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.
Honolulu Republicans Arrange a Pro
test for Presentation to
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
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.
Decide to Ceate Farther Opposition to
Cuban Reciprocity Treat)-,
Conference of Representatives from
Beet Sugar Prodaclng States to
Be Held at an Early
(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
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.)
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
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
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
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
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.
Foot and Month Disease is Practically
Over la New England
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.
Ogden Postmaster Goes to Jail for
Fmbesallng Government
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
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.
Arlaona. Mine Saved from Flames
After Four Months' Hard
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.
rounder of the Sanation Army Telli of It
Great Achier menta.
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
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
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
"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.)
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
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
. 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
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
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.
Money Will Re Distributed as Boon
as Legal Opinion Is
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
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 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.
Supreme Court Decides Cam Brought
Againtt Omaha National Bank.
Holoomb and Selgwick and Commissioner
Daj Make the Majority
Original Opinion Written by Commissioner
Pay Before Hii Betiremeat.
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
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, 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,