Till: OMAHA DAILY I.EK: MONDAY, JANUATIY 12. 1003.
RELIEF FOR THE STOCKMEN
Colonel Hotly Bufgesti Plan to Boften
renoe-Destrotinfr Blow,
WOULD SUSPEND LAW FOR SIX MONTHS
tV'rllr to rmlor Daniel Rpomnr.
las; Artlon by Confirm to Pifft
Lous from Kierutlon of De.
partmrnt'i Orders.
(Fmm a 8tafT Correspondent.)
.WASHINGTON. Jan. 11. (Special.)
Colohel John 8. Mosby has taken steps to
dvoate some softening of the blow which
wilt strike the cattlemen of Nebraska tf
the fence-drstroylng order la punned. He
advocates the pannage of a law by congress
whtrb wilt suspend the anti-fence law for
at least aix mouths. On this matter the
following letter, wrltttn by Colonel Mosby
to Senator Daniel of Virginia, will be of
Interest to Nebraskana concerned:
AU.IANCK, Neb., Dec. 8, 13i2. linn. John
W. DanWI, I'ntted Mate Henator: Deur
Major No doubt you have n notices of
the excitement In western Nebraska pro
duced by the orders of the land office to
remove fences from public lands. The act
iirohlbltinar It wan passed February 2!, l,
but ban been a di-an lett.r here until 1 came
last AuKuat. A very large portion ot the
public uonii. In baa been Imiosod by lug
cattlemen to the exclusion of those who
have smull herds or want homesteads. The
piaitlce has wtie on ho long, with the
connivance of oftlclals. that the trespassers
claim a sort of vested' Interest In the lands
for graxliig their cattle, and set up a sort
of eqiiliahle estoppel against the govern
ment. Then the- appeal Is made to let the
fencing stand, even If wrong; In the begin
ning, as It would be Injurious now to tho
public Interest to remove It.
How to Help Stockmen.
As these fence have stood a long time
by sufferance I think Some indulgence
should be shown to those who own them.
Hut us an otlUial 1 have no discretion, but
must obey Instructions and execute the
law. They are certainly an obstruction to
settlement and should be removed; but ai
thty were erected by an Implied license
and have stood an long by the acquiesce nse
of the government, good faith requires
that they should be removed with as little
damage, to Individuals aa possible. Time
should be given catilemtn to adjust them
selves to new conditions just as Mr. Lin
coln favored the gradu(l emancipation of
slaves. I unt opposed "To harsh measures
and would be glad If congris, by a Joint
resolution, would suspend the fence luw
for at least six months, or even a year.
This would put a stop to fencing public
lands, aa nobody would build a fence that
would have to come down In a few months,
and the cattlemen would then pull down
their fences.
IiMt spring I wrote a. letter to the gen
ir i I inilotUce recommending that the home
stead law be so Amended aa to permit a
person In the seml-arld region to enter at
least one full section. I whlnk two would
be better. In an agricultural country a
homestead of ItiO acres may aunuort a
family, but it will not where land Is not
worth much for anything nut graxlng. 1
think such a policy would prunoie the
settlement of the country. The president
In his message recommends It. Such an
amendment of the homeateJ law might be
embraced In a' Joint resolution suspending
the fence law. I suggest that you confer
wun nenntor Millard or Nebraska and
Senator Gibson of Montana about it.
1 hope to see you soon. I am out on the
prairie enjoying Arctic weather. Very truly
JOHN 8. MOSBY.
Abont Wlloni' Leases.
Colonel Mosby finds some fault with a
. circular sent out from the general land
office concerning the rights of soldiers'
widows under tho law. His letter is ad
dressed to the commissioner, and reads:
ALLIANCE. Neb., Dec. 8, 1302. The Com
mlsaloner of the General Land Office: Sir
In a le.ter to you of August Inst I called
your attention to tne statement on page it,
circular of the general land office, that "If
the land Is cultivated In good faith the law
will be revarned aa substantial v comnlled
with, although the widow or children may
not actually reside on the land,", and I ex
pressed the opinion that this declaration Is
in connict witn tne statute (section Z307.
H. S.I and abolishes the restrictions as to
residence and cultivation which It Imioses,
Thla erroneous construction of the statute
Is the origin or the fraudulent soldiers
widows entries which have Ix-en suspended
by the general land ottloe. I'nder section
2304 of the revised' statutes, a Holrtier . W!to
makes a homestead entry is entitled- to
have his term of service, not exceeding fotir
years, aeductea rrom tne period "r live
years' residence required by law, and is
allowed six months after filing his declare
lory statement within which to-commenee
his settlement and improvement. Hut sec
tion 215 says- "No patent shall be Issued to
any homestead settler who has not resided
upon, Improved and cultivated his home
stead for u period of at least one year after
he snail nave commenced nia improve
ments." Section 23u7 of the revised statutes
substitutes a soldiers widow to the hus
band's rights under section 2304 "subject
to an tne provisions 'as to serurment una
, Improvement therein contained." It does
not enlarge the widow's rights beyond the
rights of the husband.
Interpreting; the Law,
The words "settlement and improvement'
In section 2S07 of the revised statutes are
clearly Intended as the equivalent ot "resi
dence. Improvement and cultivation" In sec
tion 23' 6. for settlement on land Implies
residence. Homesteaders are called set
tlers. The policy of the homestead law is
to promote the settlement of the public
lands. Hut the widows leasing the land
for gracing defeats the very object of the
luw, as the land waa already graxlng
ground before she made her homestead
entry, end the fences of the cattlemen keep
out settlers. It Is the object of the cattle
men to fence out aettlers and preserve the
public land lor pasture. .. .
No matter how long s soldier's service
may have been, he Is required to have
resided on his homestead for at least i
year before a patent tan be laaued to him
the construction now put on section 23o4.
by dlsmnalng with residence for a widow.
converts a nnmesteau rignt into an abso
lute, unconditional grant, aud makes It
Dractlcully the same thing as a land war
rant given to the widows of soldiers of the
Mexican war and the war of 1X12. that could
be sold on the market aud located on public
land anywhere.
Resilience Is necessarily implied In the
term "homestead." It Is a tnaxim of the
law that It never requires a man to do a
vain thing. While the circular dispenses
with the widow's residence, it still requires
of her the same oath thai it requires of
every entryman "that I will faithfully and
honestly endeavor to comply with all th
reoulrementa of law as to settlement and
cultivation; that I do not apply to enter
the ssine for siecuiatlon. Dot in good faith
to obtain a home for myself," etc. (form
4-OS6). of course It Is repugnant to reason
to suppose that congress Intended that a
aruanltan or lnfnt cniinren. or the Infant
children, should actually reside on the
land, and if the land Is cultivated in good
faith this may be regarded as a substantial
compliance with the statute, as the reason
of the law la the.lfe of the law. Hut there
la nothing more unreasonable in requiring
a widow wttn emiurrn to reside on a home
stead than to require It of an old maid
who Is presumed to have no children. The
circular is etiner wrong in lit construction
of the statute or it is wrong to require
such an oatn or a soiniera willow. An
executive department may pass regulations
consistent with law for carrying laws Into
effect, but cannut make a regulal.dn In con
fllct with law. ieerrruiiy.
JOHN B. MOSBY. Special Agent
CHANCE FOR ANOTHER JUDGE
favorable Resort to Bo Mad to llooao
on Ktubth Federal t'lrcutt
Measare.
(From a Staff Correspondent.)
WASHINGTON, Jan. 11 (Special Tele
gram.) A favorable report will be made
tomorrow to the house on the bill providing
jHfft Aeheeser -Biu
IPP jW10 SO
1,1 "n V . :t r "-T.t S L.,i 1 U 1 7 ? J !-
Sii i lla
MIS rlwtMJrW An
fflKxW9ttlwy. '"""'"I"11 111 ' iia;iHiisissssPisjjsji siimui.,
fj
:- 11 ii". 1 ""-'-'iVr""-"" Wii.- " jHl ' J
)esdhijl
11 ..niiniiilli'.'inn ii 1 1 yj4iMSrt
Sales for 1902
Barrels of
eer
B
Bottles of
o
"King of Bottled Beers"
Made of selected barley-malt and
best imported hops, pure water
and fresh yeast. No com used.
The purity, maturity and excel
lence of their beers have made
user -Be
The Largest Brewery in the World
Greater than all the breweries in Pilsen,
Bohemia, combined, or the three
principal breweries in Germany.
lj.iiiisjpii.ns ssus. mm . iaium.111,.1 ajsajiMn, V.'i"f
tie
sell
fi
4
.1
an additional United States circuit Judge
for the Eighth Judicial circuit. This circuit
Is comprised ot the states sod territories of
Nebraska, Iowa, North Dakota, South Da
kota, Missouri, Arkansas, Wyoming, Colo
rado, Utah, Indian Territory, Oklahoma and
New Mexico. .
ANTI TRUST BILL TO PASS
Hotre Decides to Give Eight of Way to
' Combine Measure.
ZEES
Makes a Mirror of your
Silver
GORHAM
Silver Polish
Imrrti burin? polish
Contain no injurious ingrediezu
bj cants package
All responsible
jesreiet s seep it
PRISONER SHOOTS SHERIFF
KearoeS Kill Captor and Karape with
Mob Anxlona for Lynching; on
Their Heels. ,
BIRMINGHAM, Ala., Jan. 11. A report
reached here today of the assassination of
BberlfT Reese of Bibb county. The crime
occurred at Brlerfleld late last night.
Reese and. one of his deputies had ar
rested two negroes and were, taking them
to Centerfleld to board a train. One of the
negroes was walking In front of the sheriff
and the other behind, when suddenly the
rear man shot the sheriff, killing him In
stantly. A mob Is chasing-the-negroes and
preparations are being made for a lynching.
CHINAMAN KILLED BY-' GAS
Breathes Fatal Fames In Celestial
noardlnsr House 1m Provi
PROVIDENCE. R. I.. Jan. 11. Eleven
Chinamen were overcome by coal gas In a
Chinese boarding house In the "Chinatown"
of Providence today. One of them, Don
Doc, the proprietor 'of a Chinese grocery
wic dead when found. Two others are in a
critical condition at the Rhode jBland hos
pital, but will recover.
Don Doc was overcome with the gas,
which came from a furnace In tbe base
ment, while sitting at bis desk, making up
his accounts.
FIRE RECORD.
rittabarar Steel Works.
PITTSBURG, Ju. 11. Fire' almost en
tirely destroyed the oldest portion of the
W. Dewees Wood plant of the American
Sheet Steel company at McKeesport today.
The fire orlgnlated from a broken gas pipe,
acd will throw fully one-third ot the skilled
employes out of work and close nine of the
sixteen sheet mills for a week. Tbe loss
could not be estimated tonight.
Store at Mlssloa Hill.
YANKTON. 8. D.. Jan. 11. ISelal Tele
gram.) Fire at Mission Hill this morning
totally destroyed the general stors and
stork of McPeek Co., comrnuslcatlng to
the barn of Mrs. tiutidersan. which was slso
burned. Less on store acd stock about
12.000; Insurance, $6,500. . .Origin ot firs
unknown. .
School Hoait at Wolbara.
WOLBACH, Neb., Jan. v (Special.)
The school house at thla place was burned
at S o'clock yesterday morning. The Ore
waa of unknown origin. Tbe Insurance pol
icy of I7D0 eiplrsd about thirty days ago
and consequently the building Is a total
loss to the district.
DEMOCRATS DESIRE DRASTIC PROVISIONS
Will, However, Probably Support Re.
pablloana on I-lnal Paasaire
Appropriations to Occupy
Moat Time,
WASHINGTON, Jan, 11. Tne house this
week will start In earnest on the appro
priations bills. The Indian and army sup
ply bills sre on the calendar, and three
others will be reported during the week;
namely, the diplomatic and consular, the
District ot Columbia and agricultural bills.
It Is probable that the time given to gen
eral debate will be consumed largely In
discussion of general political questions.
The house will adjourn early tomorrow
owing to the sudden death today of Repre
sentative Tongue of Oregon, and It is the
intention of Chairman Cooper of the Insular
committee to call up the Philippine coin
age bill on Tuesday. The democrats will
oppose this measure on the ground that as
the islands are part of the United States
the national currency should be extended
to them.
Tn case tbe Judiciary committee agrees on
an anti-trust bill It will be considered aa
soon as It is brought Into tbe house. The
leaders have agreed to sidetrack everything
and give It the right ot way whenever an
acceptable measure Is formulated.. While
the democrats will urge the adoption, of a
more drastic bill than the republicans
will agree on It Is expected both sides will
vote solidly for the passage of whatever
measure is offered.
during the week, but It Is doubtful whether
It will receive consideration at that time.
TEAMSTERS REJECT OFFER
Men Insist that. Kail Demand Be
Granted by St. Loala
Owners.
ST. LOUIS, Jan. 11. Ths local branch ot
the Teamsters' National union today re
jected the proposition of a new wage scalo
submitted by a committee representing the
team owners of the city and decided to go
on a strike unless their demands were
granted. The strike may be ordered any
day.
Tho walkout will affect transfer drayage,
warehouse and wholesale companies, as well
as teaming companies and individual team
owners. It is estimated that, over 2,000 men
will quit work. The demands made by the
teamsters Included among other things an
Increased wage scale and a rearrangement
of tbe hours of work.
German Emigration Troubles,
BERLIN, Jan. 11. Tbe emigration for the
year 1902 through Hamburg and Bremen
amounted to 266,884 persons, an Increase
of 63.586 Over 1901. Tbe number of emi
grants sailing from these ports has trebled
since 1898. Tbe majority ot them go to
tbe United States.
Kind I'lumbaao Win.
CARKONDA1.E. III ." Jan. 11. -A flve-fnot
vein of plumbago was discovered ituUay in
1 eaUu wuulr
SENATE MAY DISCUSS COAL
Vest's Motion Likely to Displace
Statehood Debate at Any
Time.
WASHINGTON, Jan. 11. The senate's
program for the coming week includes tbe
continuation of tbe statehood debate each
day after t o'clock and the discussion of
the millttu bill during tbe morning hour.
There is also a probability of a return
at any time to the question of the scarcity
of coal, tn connection with Senator Vest's
motion to abolish the tariff on anthracite.
Senator Nelson has not completed bis
speech on the statehood bill. Indeed, he
does not even feel able to prophesy when
he will conclude it. but whtn he dors Sen
ator Burnham will be ready to prooeed.
Tbe opponents of tbe bill now make little
effort to conceal their Intention, to continue
the debate Indefinitely with the hope that
It mill be sidetracked by the appropriation
bills, which must be pressed before long.
Friends of the bill, on the otber hand,
see no necessity for making way tor the
appropriation bills at present.
It is probable that the first general ap
propriation bill, that providing funda for
legislative, executive and Judicial depart
Blunts of th government, will be reported
Korestry Association Meetlnar.
LINCOLN. Neb., Jan. 11. (Special.) The
Nebraska Park and Forestry association
will meet in Lincoln January 13 at 7:30
p. m. The meeting will be held In. the
room of Prof. Beaeey at the State univer
sity. All are Invited.
SNOW HALTS MICHIGAN CARS
Temperature Tumblei Preoioitately While
. Blizzard Howls Thrjujh Stati.
STALLED BRITISH PASSENGERS GO HUNGRY '
Klsg Wants No Motor Haces.
LONDON. Jan. 12. The Dally Mall this
morning says It understands that King Ed
ward has expressed his disapproval of th
Idea ot holding tbe motor car race for tbe
James Oordon Bennett cup in England.
Cocaine Fiend Meet I'ollerstsa,
Lloyd Warrick, claiming Oreenvllle, Mich.,
as hla home, and a stranger in the city,
was taken lu charge on Douglas street
last night by Detective Savage. He wn:
tempniarily insane from the use of coca In.
Warrick, when asked who he was by th
rteiei-tive said he was the original divine
being, with only one superior, the king of
hearts. Savae aald that he was the king
In question and took the man to the sta
tion. When the officers bean to aear h
the prlsomr he drew from one of hi
pockets a box of cocaine, which he clung
lo. saving that it was the holy spirit and
none but the king of hearts could take it
from him. It was all four men could do
to separate him from his box and put htm
In a cell.
ftus Woman Kobbed Hint.
Gabriel Wise of South Omaha and Irene
Bmlth of lr-l Capitol avenue are In Jail.
Gabriel, who la a Hungarian, and talks
very broken came Into the police station
at a late hour last night, much excited, and
talked. There was $;.5o and a Swarts
w.man In what he said, but nobody knows
what tlse. An officer waa aent out to go
where Wise could point at things, and
Irene waa brought in. the will answer to
a charge of larceny from the person.
TO ttlllt . tULD If 'C OAT
Take Laxative Bromo Quinine Tablets. All
druggists refund tbe money If It falls t
cure. K- W. Crete's signature la on sack
bos, tic
Mild Weather In Inilcd Kingdom Ite
plaoed by Wintry Blasts Trains
Are Imbedded In Drift and
Engines Derailed.
DETROIT, Micb., Jan. 11-Lower Michi
gan has been in the grasp of a snowstorm
today which, In tbe western part ot tho
state, assumed the proportions of a bliz
zard. Lake Michigan is tonight lashed by
a wind that made it impossible for any of
the boats to leave for Chicago.
At Benton Harbor the street car service
Is stalled and Sunday trains on the Mil
waukee, Benton Harbor a. Chicago railway
bad to be abandoned.
Three Rivers and Ntles report a blizzard,
the temperature low and trains delayed by
snow.
At Orand Rapids the storm is the worst
ot the season and tbe temperature baa
fallen twenty degrees since noon. At 9 It
was 10 above zero with tbe wind blowing
a gale.
In Detroit anow began falling about 5
o'clock In tbe morning and there was no
cessatfon until after noon. The fall con.
tiuued Intermittently during the afternoon
and tonight Dve Inches of snow had fallen.
Trains from the west were from one to two
hours late tonight.
At 11 o'clock tonight the wind was blow
ing thirty miles an hour and the weather
bureau was predicting zero weather before
morning.
Tbe Buffalo-Chicago Wabash express was
delayed more than four hours this after
noon by tbe slow passage of the car ferry
across tbe Detroit river thick ice and
slush making progress exceedingly difficult.
Trains tttalled la llrltaln.
LONDON, Jan. 11. The recent period of
-inusually mild weather bas given way to
evere cold and snowstorms are prevalent
ver Great Britain.
In the north of England and In Scotland
the tall ot snow bas been besvy, trains
have been Imbedded In snowdrifts and loco,
motives have been derailed. Hungry pas
sengers have been kept for hours on tbe
snowbound trains.
In Ireland much damage has been done
by floods.
I.oalavllle Sbratbed In lee.
LOUISVILLE, Ky.. Jan. 11. A heavy fall
of sleet, which began early this morning,
coated the pavements and streets of Louis
ville with Ice. Tbe temperature did not go
lower than 14 degrees above zero.
Mabts and, Car Stop.
PERU. Ind., Jan. U. The anow is one
foot deep here, factories at closed and
there Is no electric light or street car
traffic tonight. At Maysvllle, Ky.. there
was a blizzard, with northwest wind.
At Owensboro, Ky., the sleet storm was
tbe worst known and street car traffic was
Suspended. The supply of coal is ample ai
all points along tbe Obio river, but almost
all points In the Interior are suffering, as
no cars can be obtained to, haul the coal
piled up along the river.
Cold In Ohio Valley.
CINCINNATI, Jan. 11. Dispatches from
different points In tbe Ohio valley indicate
almost sero weather and serious sleet
tiorms. In Cincinnati the thermometer
registered 12 above today, but Is nearer
zero tonight. Following tbe rain and sleet
of the night tbe street car traffic was
greatly interrupted early In the day.
TOLEDO, O., Jun. 11. Zero weather and
a fierce wind, following an all-day storm,
seriously impeded local and suburban car
traffic today. All trains sre from one to
six hours late.
LOUISVILLE, Ky.. Jan. 11 Sleet and
disagreeable weather rendered passenger
trains from one to five hours late, and the
freight traffic was so Impaired that the
carrying capacity of each engine waa cur
tailed about 100 tons. Tbe new special on
tho Southern road from St. Augustine,
Fla.,'to Chicago, 'due to arrive at H this
morning, la twenty-four hours late.
DEATH RECORD.
John R. Tovrnsend.
DAVID CITV, Neb., Jan. 11. (Special.)
John IX. Townsend, one of tbe oldest resi
dents of David City, died at tbe family
residence yesterday afternoon, aged about
60 years. Mr. Townsend has been a resi
dent of David City for nearly twentjr-flve
years. During most of this time he bas
conducted a private boarding bouse. He
was an old soldier and baa at different
times served In the capacity as commander
of the Grand Army post. At Intervals
) for several years he has served in the ca-
i paclty of chief of police, street commls
I sloner and water commissioner In the city.
Mr. Townsend nad tbe distinction ot being
' one of tbe oldest volunteer firemen In tbe
state. In October, lti9, the city council
granted hlrn a certificate of twenty years'
consecutive service In the David City vol
unteer fire department. The greater part
of this time he was tbe chief. He was a
member of the volunteer fire department
at Nebraska City before coming to David
City. On two different occasions be bss
been considered for tbe position as chief
ot the Are department at Lincoln. He
leaves a wife, an adopted daughter and a
son, Walter, who is traveling for tbe
Standard Oil company.
Judge l.uelea Bules Otis
CHICAGO, Jan. 11. -Judge Lurlen Boles
Otis, who carr.e to Chicago forty-five years
ago from Ohio, died at his residence, 24."S
Michigan avenue, today, aged 83. Before
coming to Illinois Mr. Otis was Judge of the
! court of common pleas for the counties of
Huron, Erie, Sandusky and Lucas In Ohio.
Among the members of tbe bar who prac
ticed at tbat time in bis court w;re Ruther
ford B. Hayes, afterward president of the
United States, and Morrison R. Waltt,
afterward chief justice of the United States
i supreme court.
Mr. 8. 11. Hall Drop Dead.
ASHLAND Neb.. Jan. 11 (Special Tele
gram.) Mrs Samuel B. Hall, wife of the
postmaster at Ashland, dropped dead this
morning at 10:15 o'clock from heart failure,
aged l years. She had started to put some
fuel In the stove and bent over, sinking to
tbe floor and expiring Instantly. Mrs. Hall
had been In poor health for three years.
She was born In Indiana and was married
on November 16, 1866, moving to Nebraska
with her husband and settling here In 1S69,
being among the earliest residents of this
vicinity. She is survived by her father, S.
M. Morris, a sister. Mrs. J. T. Mills ot
Cowles, Neb., two daughters, Mrs. Ernest
D. Johuson and Miss Nellie Hall, deputy
postmistress, and four sons, Harry and
Ralph ot Ashland and Mont and Bruce of
Westboro, Mo. Funeral services will be
held Tuesday at noon.
Dr. William Gold.
CHICAGO, Jan. 11. Rev. William J. Gold,
bead of the Western Theological seminary,
died today after an Illness of two months.
Dr. Gold, who was 56 years old, came to
Chlcsgo seventeen years ago, when tbe
Western Theological seminary wss founded.
Hobert J. Shankland.
SLTERIOR, Neb., Jan. 11. (Special )
Robert J. Shankland, a prominent aud
wealthy farmer, Is dead of appendicitis.
Tbe body bas been taken to Red Oak, la.,
for Interment.
General Samuel Tbonia.
NEW TORK, Jan. 11. General Samuel
Thomas, the well known railroad man and
financier, died tonight at his borne in thlr
city. He was 63 years old.
AMISEMKXTS.
BOYD'S!
Woodward ft Burgess,
Managers.
TONIGHT ONLY
David Belasco's Celebrated
"THE HEART
OF MARYLAND."
WITH ALMA KRI'OKIt IN TUB
TITLE ROLE..
Prices 25c. 60c, 75c, $1.00.
TUESDAY, WEDNESDAY MATINEK
AND NIGHT.
Henry W. Savage's Latest Musical Comedy
"THE PRINCE OF PILSEN."
Cast of 100 people.
Prices: Mat Xo to 11.00. Might u to $160
Telephone 1531.
Matinees Thursdsy, Haturday, Sunday, 1:16;
Every Night. 11:15.
HIGH CLASS VAUDEVILLE
John T. Sullivan. Mies Athertou and
company. Thorn and Carleton, The Itol-
tios. i-siie s uogs, jiarritfan, aiic nay
niond assisted by Bessi I'eiin-Quard, mid
i the Klnodrome.
Trices, 10c, ZLc, tOc.
IIOIKLS.
The MILLARO,3,VM"AdHarv-M"
1119 Hlll.UnilUUm,tl fading Hotel
d i . , , . .
ll'Kt UL IKtTUtK.
LUNCHEON, F1KTY CENTS;
U:l to I D. m.
SUNDAY. 6.3-J p. m. DINNER. 7ij
s
1
dteadlly Increasing business has necessi
taitd an enlargement wf tills oals, doubling
lis luriucr cvUiv.
