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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 19, 1903)
The' Omaha --Daily Bee.
KSTA1IL1S11ED JUNE 10, 1871.
OMAHA, .THURSDAY MOK2U2U., FEBIIUAKY li, 1903 TEN PAGES.
SINGLE COPY TIIKEli CEJCTH.
COLD WAVE STICKS
Weather Diipenier Keep Up Unfriendly
Relations With Omaha.
TUESDAY TURNS COLDER THAU MONDAY
Tampentor Gets Onlj a Fw Degrees
A bore Zero Darin; Daj.
OTHER PLACES ARE ALSO SUFFERING
"Bannj Florida" Even Experiences a Ttrach
. . of Freezing Weather.
PASSENGER TRAINS ALL RUNNING LATE
Railroad Official Says TrTllx U
Dfri at This Time aad Is
Sarprlsed 1a Hear of
Bloux Falla '.
Sioux City ,
is Moines ,
Worth -Alalia , 4
Yesterday waa a colder day- In Omaha
than wa ita immediate predeces
sor. At I a. m. it was three
. degreea folder: at noon It was
nine degreea colder; at p. m. It waa fif
teen degrees colder, and at 9 p. m., just
even. At the latter hour yesterday the
trend of the mercury was upward, for It
waa one degree higher tban It baa been at
t p. aa.
But even at that, ' It wasn't exactly a
warm night. Nobody' had the hammock up
on the aide porch, and the aoa of toll and
of Irish parents didn't go out on the rear
doorstep to smoke to his shirt sleeves and
decollete slipper. In fact, the mercury
wss still down at 8 above, and the barn
c'oor creaked like the dickens.
From all of which It mast not be con
cluded that Omaha la faring either much
worse er Letter than other points la the
reme general latitude. At T o'clock when
the registration here waa 7 above, the reg
,st ration at Valentine waa 18 above; at
Cheyenne, tt above; at Chicago, 4 above;
t Davenport, above; at St. Pa,ul, 4 above;
et St. Louis, 8 above. Even at Bismarck
It waa 4 above. Huron remained obstinate
i.nd clung around the 8-below point. It
waa cloudy there, and at North Platte, but
tit roost polata "clear" waa the evening re
port. . .
If thlareaerat evening" f fa iBdleatea any
thing, it Indicates warmer weather, but
' all tlpa to the effect "that hot days are la
immediate prospect should be reported to
he police. They're spurious.
The mean temperature In Omaha, yester
cay waa 4 below. The same day in 1902 It
,aa 22 above; in 1901, 32 above, and In 1900,
Four degreea colder In Omaha yesterday
nornlng than it waa at any time Tuesday, a
vtnd of thirty-four miles an hour during
the night and the widest part of the twenty-four
hours about 7 o'clock In the morning
ta the official record at the local Weather
bureau. v But It was not the fault of Mr.
Welsh. Ha had done his best and predicted
slightly warmer temperaturea for the time,
and the change which' did come waa "one
of those things no fellow can tell about,"
for tba colder weather waa limited to a
comparatively small area along the Mis
souri river in eastern 'Nebraska and west-
rn Iowa, while the northwest realised upon
the prediction of slightly warmer.
While it waa 10 degreea below tero at
Bismarck It waa 8 degreea below the frees
Ing point at New Orleans. Down In "sunny
Florida It waa 4 degreea below the trees-
Ing paint, and even PbeenU, Aria., tted the
Florida eity In temperature, while at San
Francisco the mercury waa only 8 degrees
above the freeslng point.
COLD ALL OVER THE COUNTRY
Freealng Weather Aa Far loatk As
the Calf and lateaaa Cald ta
NORFOLK. Neb., Feb. It. (Special Tele
gram.) The minimum temperature last
night waa 30 degrees below tero. Tbe
wind waa from the northwest and waa about
thirty miles per hour.
FREMONT, Neb.. Feb. 18. (Special.)
The wind shifted into tbe north laat eight
and It grew cold fast. At 7 o'clock this
morning from II to 13 degreea below aero
waa reported la varioaa localities. Tbe
cold weather baa delayed the traina on
both railroads. Tbe Black Hills train on
the Elkbora waa Tour tiurj lata yester
day and still later today.
Troops atlll Stack la li,w.
CHEYENNE, Wyo.. Feb. 18. The
weather throughout southern aad eastern
Wyoming today waa Sue and the eoow ta
The blockade oa the Denver Pacific and
wast of Laramie were lifted todsy and
traina ars new moving. '
On the Cbeyenae gad Northern and Elk-
horn roads the effects of the storm are
atlll felt. Tbe two tralnloads of the Thir
teenth cavalry are atlll stuck la tbe snow
near Lusk. but they will probably bo re
leased soon for a rotary plow and relief
train which left Chadroa yesterday are
only four em lee away. I
Tba rangea are aew In fairly good con
dition and with ordinary weather during
the remainder of the winter tbe total
loasee for the seaeo will not exceed 8 per
rent for cattle aad 18 per cent for sheep
throughout the atata.
Gale mi Dee Melees.
DE8 MOINES. Ia.. Feb. 18. A minimum
'of It degreea below sere waa recorded by
the government thermometeg this mora
Ing, 4 degrees below yesterday aad 3 de
greea lower than Monday.
The cold la accompanied by a perfect
gale, which makes outdoor employment
aaoat dangerous. The cold is general
throughout the aula and more severe in
the northern portion. Suffering among tbe
poor la acute.
Twaaty-SIs' Be law at tiaaa Fall.
SIOUX FALLS. S. D.. Feb. 18 (Special
Telegram.) Last night was the coldest of
the winter. The government thermometer
registered it below at the coldest point
(Ooatlaaad oa 6eceu4 Pag-)
CHAMBERLAIN IN CAPETOWN
Delivers aa A 4 4 res ta the People aad
Bkn Powerful Appeal
CAPETOWN. Feb. II. Colonial Secre
tary Chamberlain and bla party r -d
here today and received a hearty t
tlon from a crcwd of about 10.000 pc
awaiting them In Oreen Market Square. .
number of addressee were presented to Mr.
Chamberlain. During the reading of one
of these Prima Minister Sprlngg arrived
on the platform and waa hooted with much
Mr. Chamberlain. In the course of bla
speech, made a powerful appeal for the
union of the races. He admitted, how
ever, that since his srrtval in Cape. Colony
he had become less hopeful of Immediate
satisfactory results from his visit, aa he
found that the antagonism of the two races
had become chronic.
Rebellion waa exalted Into heroism and
loyalty was discountenanced and ostracised,
even tbe pulpit Joining In the propaganda
tending to Intensify tbe separation of the
On leaving the platform Premier Spring
waa sgain msde the subject of a hostile
ITALIANS CRY FOR WAR
Depatles Answer Taaata by Deri ar
ia la Farar of Naval
ROME, Feb. 18. The chamber of depu
Ilea debated today tbe March estimates.
In the course of the discussion reference
waa made to the defeat of the Italian fleet
by the Austrian at Llssa in 1866, and Vies
Admiral Morin. minister of marine, aald:
"We have worked thirty-six years pre
paring tor the day of trial."
Thia remark caused a sensation, the
members of the left shouting, "Do you
"Yea, we want war," retorted the depu
tiea in tbe center.
8ignor Morin continued that, while they
do not want war, they were prepared. He
opposed a reduction In the navy owing to
Italy's geographical situation.
A large number of emigrants were leav
ing the shores of Italy, he aald, who must
be protected. He pointed out that Great
Rrltaln France, the l'nlted Btatea and
w.j ,lm, j ...
other powers had almost doubled its ex-
pense of their navies, while Italy had cnt
down the naval expenditure by f2.2O0.O00
SPAIN IS AWARDED DAMAGES
Bhla Balldera Mast Pay for Delay la
Filling; Contract for
. EDINBURGH. Feb. 18. The court of ses
sion today awarded the government of
Spain I337.BOO In the action begun here
January 20 by the Spanish minister of ma
rine, Sanchez Toca, to recover $375,000 from
the Clyde Bank Engineering and Ship
building company, because of the company's
failure to deliver on contract time four
torpedo boat destroyers wh(ch bad . been
intended for use during, the Spanish, Ameb
ic war. ....
In the . coarse of tbe Judgment Lord
KiUachy. the presiding Judge, aald he
thought It more than likely that If Spain,
even In the spring of 1897, had been In a
poaltloa to establish a really- effective
blockade in Cuba against the unloading
of munitions of. war,-the insurrection
might have been crushed and American In
tervention have been avoided. He, there
fore, allowed Spain $-,60ff per week for
the 135 weeks' delsy, to which it wss en
titled under contract.
SECOND TRIAL IS FAILURE
Water Take System oa British
Crwlsera Daea Sat Meet with
LONDON. Feb. 18. The second trial of
the British second class cruisers. Hyacinth
and Minerva, fitted with water tube and
cylindrical boilers, respectively, haa re
sulted ta another defeat for the water tube
The war ships left Plymouth with aa
equal quantity of coal tor Gibraltar, and
Minerva ateamed for twelve hours after
Hyaclath'a bunkera were emptied.
The veaeela recoaled at Gibraltar and
atarted oa the race homeward during the
morning of February 16. with the result
that Minerva reached Portsmouth at 1
o'clock thia morning, having averaged
Hyaclath'a boilers broke down in the
Bay of Biscay on Monday morsicg.
APPROVES VERDICT OF COURT
Fladlna-s ta Trial af Major Glenn
Arc Ea4.net hy Gen
MANILA. Feb. 18. General Davla haa
approved the findings of the court-martial
In the case of Major Edwin F. Glenn of the
Fifth infantry, who was acquitted January
29 of .the charge of unlawfully killing pris
oners of wsr, with the qualification that he
disapproves of the orders issued by Major
Tbe general aaya he recognltea the prin
ciple that guidea may be impressed, and
that treacherous guides may be executed,
but he adda that Major Glena'a orders
showed a reckless disregard for human
life, which the general condemns and rep
rimands. WILHELMINA AGREES TO ACT
Will Dealn-nate aa I'mplra la Case
. Veaeaaelaa Cwmmlsalea ren
PARIS. Feb. 18. Foreign Minister Del-
casse haa given Ambassador Jusserand at
Washington practcally a free hand In the
conclualoa of the Franco-Venezuelan proto
Queen Wllbelmlna wlH designate aa urn
plre la caae af a disagreement between the
Miners Mnrdered hy Maraa.
MANILA, Feb. 18 John Prucba aad E.
Chaae, miners, who were working oa a
placer claim aixty miles northeast of Zam
boaga, Mindanao, were murdered by
Msroa ia January. The natlvea surprised
and boloed tbe miners. Chaae'a decapitated
head waa founded hanging to a tree. Pru
cba escaped, but died in the woods from
wounds and exposure. Chase was formerly
a miner la tbe Klosdlke regions. Prucha'a
heme waa at Reading. Pa.
Captala and Crow Drowaed.
PARA. Brazil. Feb. IS. The British
steamer Kelvlaslde, from Buncos Ay res.
for this port, has acea sunk la tbe Para
river. Th captala aad eight of Lbs crew
war drew aed.
BEEF TRUST IS ENJOINED
Court Holds Packeri Conspired Illegally in
Beatraint of Trade.
JUDGE GROSSCUP REVIEWS ALLEGATIONS
s Ample r.vlaeaee That Cattle
If. Were Manipulated aad
at Prod arts Cartalled
' ct Competition.
CHICAGO. III.,' Feb. 18 The so-called
"beef' trust" csce wss disposed of today
by Judge Orosscup In the circuit court,
the demurrer of the packers being over
ruled and a temporary Injunction granted.
Tbe packers made no announcement of
their future Intentions. They hare until
March 4 to discuss the matter. If they
deny the facta, upon which Judge Orosscup
gave his decision, the mstter will go be
fore a master In chancery, who will hear
the evidence, and tbe caae will afterward
be argued before Judge Qroascup. But
In any event It la not believed likely the
packera will let the matter go by default,
thua making the Injunction permanent.
Divides Facta lata Groops.
In giving his decision Judge Orosscup
For the purpose of clear exposition, the
facts set lorth in the petition should be
separated Into two groups:
First These thitt are intended to bring
the transaction within the body of in
Second Thoae that are Intended to lit
upon it the character of unlawful com
bination and conspiracy.
The first group may be stated as fol
lows. The defendants, controlling ) per
cent of the trade in fresh meata in the
I'nited States, buy, in the courseof their
business, livestock shipped from . points
throughout the I'nited States, which, hav
ing been converted Into fresh meats, Is
sold attain by them at the places where
prepared, to dealers and consumers In
other states', or Is sold through their
agents, located in other states, to dealers
and consumers in the states where the
1 agents are located. The shipments in the
nrsi cinns 01 pair are maue airecii iroiri
the places where the meat is prepared to
the dealers, and in the latter class to the
agents in the other states, which, upon
sale, deliver directly to the dealer and
What may be called the body of these
transactions is two-fold. It reaches back
ward to the purchases of cattle that come
to defendants from states other than those
In which defendants manufacture: and It
reaches forward to the sale of the meata
aft,r conver9)oni , PHrl) , other lateg.
Kach of these transuctic-ns constitute, in
my Judgment, interstate commerce.
Coming to the other branch of the trrns
actlon the sales by defendants a like re
sult follows. Unquestionably It is inter
state commerce when purchasers from
other statea buy directly from the de
fendants, and have the meats shipped to
them by the vendors.
I think the same is true of meat sent to
agents, and sold from their stores. The
transaction In such cases. In reality, is
between the purchaser and the agents'
principal. The agents represent the prin
cipal at the place where the exchange
takes place, bat the transaction, as a com
mercial entity, includes the principal and
Includes him aa dealing from his place of
business, indeed, the principal could, as
a citizen of another state, sue upon the
transaction in the federal courts; nor
hive 1 any question that if the conditions
of this case were reversed, so that the
defendants were Invoking the shelter, in
stead of seeking- to escape the obligations
of the ferWat law, it would be found 'com
petent to give the protection, aaked.
Because a thing can be taxed by the state,
it dwi not follow that ft lies outside the
body of interstate commerce for commerce.
Interstate as well as domestic, is subject to
the police and taxing power of the state,
so long as tbe exerrixe of such power does
not interfere with the national govern
ments exlueive right of regulation.
Finds Ulea-al Combination.
Do the facts set forth In the second group
ing Px upon the transaction the character
of unlawful combination?
The averments are that the defendants
are engaged in an unlawful combination
ana f-onsplrucy under the Sherman act In
11) Directing snd requiring their purchas
ing agents at the markets where the live
stock wa.i customarily purchased to refrain
from bidding agalnkt each other when mak
ing such purchases;
C'l In bidding up, through their agents,
the price of live stock for a few days at a
time, to induce Urge shipments, and then
cessing from bids, to obtsin the live stock
thus shipped at prices much less than it
would bring In the rtgular way;
(3) In agreeing at meetlnga between them
upon prices to be adopted by all and re
striction upon the quantities of meat
(41 In directing and requiring their agents
throughout the I'nited States to Impose
uniform charges for cartage for delivery,
thereby Increasing to dealers and consum
ers the charges for sucn meats; '
(6) In making sgreement with the trans
portation companies for rebates and other
No one can doubt that these averments
State a case of combination. Whether the
combination be unlawful or not, depends
on whether it Is in restrain of trade. The
general meaning of that term Is no longer
open to inquiry, it na oeen passed upon
carefully by the supreme court In the
freight association case and In the traffic
caae. It Is clear from them that restraint
of trade is not dependent upon any consid
eration of reasonableness or unreasonable
ness III the combination averred: neither la
It to be tested by prices that result from the
combination. Indeed, combination that
leads directly to lower prices to the con
sumer may within the doctrine of these
cases, even as against the consumer, be
restraint of trade; and combination that
leads directly to higher vrlces may, aa
against the producer be restraint of trade.
The statute, thus Interpreted, has no con
cern with prlcts, but looks solely to com
petition, and to giving competition full
play, by making illegal an effort at restric
tion. Whatever combination haa the direct
and necessary effect of restricting compe
tition is, within the meaning of the Sher
man act, aa now Interpreted, restraint of
Thus defined, there can be no doubt the
agreement of defendants to refrain from
bidding against each other for cattle la
combinations in restraint of trade; so also
their agreement to bid up prices to stimu
late shipments. Intending to ceaae from
bidding when the shipments arrive.
The same result follows when we turn to
the commission of defendants to fix prices
and restrict the quantities f meat shiied
to their agenta or their customers. Such
agreements can be nothing less than re
straints upon competition and. therefore,
combination In restraint of trade.
Th.ua viewed, the petition, as an entirety,
makes out a caee under tbe Sherman act.
It may be true that the way of enforcing
anv decree, under this petition Is beset with
difficulties and that a literal enforcement
may result in vexatious interference with
defendant's affairs. Hut In the inquiry be
fore me, 1 am not at liberty to stop be
fore such considerations. The Sherman act
aa Interpreted by the supreme court is the
law of the land, and to the law, as 1t
stands, both court and people must yield
Demurrer la overruled and the motion for
preliminary injunction granted.
Tbe defendants enjoined are: Swift and
Company, Cudahy Packing company, Ham
mond Packing company. Armour Co., Ar
mour Packing company; G. H. Hammond
company; Schwarxschlld Sulzberger com
pany, Ne'isoa Morris d Co.
Partners: J. Ogden Armour, P. A. Val
entine, Calvin M. Favorite, Arthur Meeker,
Thomas J. Connors, Charles 8. Langdoa,
Michael Cudahy, Edward A. Cudahy. Pat
rick Cudahy, Albert F.' Boscherdt. Oua-
tavus F. Swift, Lewis F. Swift, Lawrence
A. Canon. D. Edwin Hart well. Jesse P.
Lyman, Frank B. Vogel, Louis Pfselzer,
William J. Russell. Albert H. Veeder, Henry
Veeder, Edward C. Swift, Ferdinand Sulz
berger and W. H. . Noyes.
Hab savior's Fletare.
PETERSBURG. Feb. IS Burglars
entered the cathedral of St. Isaac last
night and stole three diamonds, valued
at liO.OOa from the train t a picture of
STARTLING INSURANCE FRAUD
Sew York District Attorney' Ome
Said to Be la Possession af
NSW TORK.- Feb. 18 Assistant District
Attorney Krotel ssid todsy the Insurance
fraud case now under investigation In thia
city promised to develop Into one of the
most startling ever known In the criminal
history of tbe state.
"Before the district a'torney'a office ha
finished the investigation of the astound
ing and extraordinary New York Insurajce
frauds." be said, "1 should not be sur
prised If It were proved that the consplr
ators even went mj far aa to irurder In
cold blood to get bodies for the purpose of
collecting penalties. We have found that
twenty-three substitute bodies were passed
off on the Hancock Insurance company at
once, and aa toon as the plotters are In
dicted these will be exhumed. The inves
tigation into the remarkable plot has
The fate of Sarah Weber, who. It Is al
leged, died from the effects of brutal treat
ment, which, it is charged, she received at
(he hands of. the conspirators, Mr. Krotel
said, was but a single Instance.
According to stories told by her relatives
Sarah Weber was tortured la order to com
pel her to aid In the Insurance' frauds.
When she left home she had rosy cheeks
and was tbe picture of health. When her
family found her she was a shadow of her
self. She told her brother that she had
been beaten, starved and slashed with
knives to force her to help those engaged
In the conspiracy.
YOUNG MAN MUST EXPLAlfl
Aeenaed by His Wife of Attempting; to
Give Her Poisoned
INDIANAPOLIS. Ind.. Feb. 18 Wl' '
H. Vermillion, a yonng man from Newark,
O., is held without bond at the police sta
tion on the ttatementa of his wife thst he
attempted to kill her and her two children
with poisoned "candy.
Mra. Vermillion la staying at the home
of her brother. She told dctectivee that
she separated from her husband some time
ago and that he twice made the effort to
Yesterday, it la alleged, Vermllllorf
called at the house where his wife la stay
ing and gave hia 3-year-old child a bag of
candy.. On top, she said, were gumdrops
evidently intended for ber.
A girl living In the neighborhood and the
child ate the gumdrops and became ill
Two physicians were called and have alnce
been ,ln attendance oa the girl and child
CLARK OPPOSES LAWLESSNESS
Iewa. C'aal Arbitrator Leetares Host a
Twentieth Ceatnry dab
a Strikes. 1
BOSTON, Mass., Feb. 18. A winter se
riea of lectures on economic questions
under tbe auspices of the Twentieth Cen
tury club, waa brought to a close today by
an address on "Strikes"' by JE. E. Clark,
of Cedar Rapids, la., a member of the
anthracite coal commission
He defended trades unionism and the
right to strike 1n support of a demand for
He aald, however, that all such conflicts
must be conducted with a proper respect
for the law.
"If organized labor cannot Work out Its
salvation without resorting to unlawful
acta," he declared, "Its existence cannot
RAILWAY WILL BE BUILT
Promoter of Transcontinental Line,
However, Refases to Say Who
Is Backing Scheme.
SAN FRANCISCO, Feb. 18 Walter J.
Barnett. one of the Incorporators of the
San Francisco Railway and Terminal and
the Stockton Beckwith Pass Railroad
companies, has returned from the east.
When asked If he had conferred with
George Gould or any other prominent rail
road men with a view of getting financial
backing for a transcontinental project, Mr.
"I am not In a position to deny or affirm
any reports aa to what I did in the essL
All I will say Is that two companlea re
cently organized will construct and equip
a line of railroad between San Francisco
and Oakland and the Beckwith pass, by way
of Stockton, Sacramento and Orovllle."
BOTTLED HEART IN COURT
Graesome Trophy of Alleged Crls
Forms Mnrder Trial Evi
dence. CHICAGO, 111.. Feb. 18. The trial of
John A. Nordgren, charged with the pois
oning of his wife, began today.
Among tbe evidence submitted by the
prosecution waa the heart of Mra. Nord
gren, safely atored in a large bottle.
The accused en was visibly affected at
the gruesome sight and it waa with dif
ficulty that be kept from breaking down
CLAIMS FAMOUS WIND CAVE
Montana Man Alleges Homestead
Rights to Worth Dakota
MISSOVLA. Mont.. Feb. 18. J. D. Mc
Donald, an old woodhauler, claim that be
I the owner of the celebrated Wind Cave
In North Dakota.
Many years ago, he says, he filed a home
stead entry to the land, but was refused
a patent after he had expended many thou
sand dollars on the ground. He declare
he waa offered 8200.000 for tbe cave.
SEAMEN LASHED TO DECKS
West Indian Steamer Haa Terrible
Veyage Throagh ley
NSW TORK. Feb. 18 The Atlas liner
Aleae arrived here from Savenllla and Weat
Indian porta today covered with lc and
presenting a battered appearance.
The mea on th deck war fastened by
rope during tbe trip to keep them from
being washed overboard.
FEYER VISITS JiEW YORK TOWN
Xearly Two Haadred Typhald Caaea
are Said to Be la West
BUFFALO, N. Y.. b. 18. Th town of
West Seneca report eighty eases of ty
phoid fever aad probably more taaa 100 ad
ditional caaea got reverted.
FORTY ACRES IN FACTORIES
Flan of the Union Facifio Company for Util-
iiing Valnable Tract.
BOOM TALK BASED ON CITY SETTLEMENT
Seathweat Improvement Clab Told
of tbe latentloa of tbo Company
to Do metklag with
Subsequent to the completion of work on
the present shop site, the lolon Pacific
railway plana to make extensive Improve
ments on a tract of land bounded by Twenty-fourth,
Twenty-aeventh, Hickory and
Martha streets. The nature of the work
will be vast spur track and siding facili
ties, which will completely cover thia forty
acre tract of ground, with the object of
bringing etxensive manufactures to the spot.
At the meeting of the Southwest Improve
ment club last night City Attorney Con
nell and former Councilman Ernest Stuht
brought this matter to the attention of the
members, and said that. Inasmuch aa the
Improvements would be in tbe club's own
territory, that it would behoove the or
ganization to urge by every possible means
tbe inauguration and tbe completion of tbe
acheme. The ctub Informally resolved to
let no grass grow under Its feet In the mat
ter. It wae stated that the railway intenda
commencing this work in 1904. By that
time It will be well through with the pres
ent Improvements In progress at tbe shops.
Tbe railway' plan as outlined la very
broad, embracing practically the establish
ment of a little manufacturing community
down there In the low tract Just west of
the Twenty -fourth etreet viaduct. Mem
bers of the club were fully awakened last
night to the importance which thia move
la to them because of their location.
Plan Lonsc Determined On.
That the Union Pacific had any such plan
first leaked out at the time of the big bar
ter made by the city and the railroad a
year ago, but tbe scheme has not been gen
erally known. The major portion of what
the Union Pacific received In that trade
waa streets and alleys down in tbe shop
district, the railroad stating that it wished
that territory entire In order to ma'ae elab
orate addition which it baa since carried
Among all those street sections of the
river front district waa a request for a
piece of Walnut Etreet about aeven blocks
long out In the southwest part of town.
Thia runs diagonally from Martha street,
at about Twenty-aixth northeast to Twen
ty-fourth atreet. at about Hickory. Thl
waa the' only atreet laid out in all that
forty-acre tract described. The railroad
company, . when asked why It wanted that
particular atreet vacated, aald that It waa
wished to have that forty acres Intact, so
that manutacturea might be put in there.
The intention was at a ted to be to gridiron
th rectangle of ground, some four block
by elx, with apur track and have a colony
f tartoriea built there.
la this connection the discussion brought
to light another improvement plan hitherto
unknown. That Is the extension of Twen
ty-seventh street, from Martha to Bancroft
streets, where It will connect with the tun
nel which the railroads are under contract
to build under the tracks there by 1904.
That will give another eaay Inlet and out
let for thia territory.
Kicks on Gasoline Light.
J. G. Johnson haa been keeping score
on tbe lamplighter, and he dropped a email
bombshell In tbe meeting by stating that
the gasoline light at the corner of Twenty
fifth and Marcy atreeta waa lighted three
nighta In laat December, and out of two
weeka In November wae lighted aeven
timea. At the end of the year he spoke
to the lighter about tbe matter, and alnce
then the light had only gone all nights
unlit. The light at Twenty-fifth and Ma
eon atreeta, aald Mr. Johnson, had been
conducted in much the same way.
Thai started a furore, and other mem
bers told of other lights that had aimilar
babita of going dark much of the time. It
waa suggested that the contracta on the
lights In that section expired December 31
last, and that perhaps there waa no kick
coming on them going dark alnce then. A
committee comprising Ferdinand Haarmann,
W. H. Green and R. W. Dyball, waa named
to investigate the matter, to ascertain it
the city was paying for the lights, and If ao
why they were not lit and how the gaa in
spector waa employing his time.,
Twenty-Foarth Street Grade.
On the matter of filling In Twenty
fourth atreet south of Leavenworth so that
the atreet railway company may build on
it a line to South Omaha, It waa reported
that still 100 feet of the necessary abutting
front foot signaturea were lacking. COO feet
having been secured. It was decided to
rush tbe work along, and to secure the rest
by the next meeting next Wednesday night
In this connection otd citizens were
called upon for reminiscences of former
fights and struggles for improvement of
various kinds. In this way the balance of
the evening waa passed, and some very In
teresting stories were told. City Attorney
Connell brought forth some especially keen
Ulea regarding the fight for the new Bur
lington station, tor the grade on Leaven
worth atreet, for tbe cutting and filling on
South Sixteenth street prevloua to that,
and he even went back to the old contest
over the cutting and filling on Fare am
street necessary to establish the preseat
FIGURE JUGGLER IS JAILED
Loan Com pa ay's Secretary Alters
Boaka of Flraa Which la
TOLEDO. O.. Feb. 18. Frsnk E. Brady.
former aecretary of tbe defunct Imperial
Savlnga and Loan company of thia city,
was found guilty today of altering the com
Judge J. A. Barber la charging the Jury
held that Brady's bookkeeper. Miss Mamie
Walsh, waa equally responsible, avea though
aba made the alterations at Brady's Insti
gation. No action iaa been taken against
CALLS QUAKER OATS TRUST
American Cereal Stockholder ' Seeks
to Stay Dlvtdeada Da
AKRON. O.. Feb. 18. M. Otis Hower.
a atockholder In the America Cereal
company, haa filed a ault la the common
He aeeka to have tbe company enjoined
from paying any dividends oa the stock of
the company held by the Quaker Oats com
pany, clatmiad Jjiat the latter ta trust
CONDITION OF THE WEATHER
Forecsst for Nebraska Partly Cloudy snd
Warmer Thurvdav, lYobably ?no; Fri
Temperatnre at Omaha yeaterdayi I
Hoar. Dear. Hoar. Deg.
B a. m 14 1 p. m
a. m 1 a p. m 3
T a. m ..... . IK 21 r. m T
f a. at in 4 p. m T
ft jl. m ..... . M Bp. m ..... M
lo si. m ..... . 1 1 41 p. m ..... T
11 a- m 7 Tp. m ..... . T
IX an a M p. na T
ft p. an
Indicates below sero.
FOUND DYING ON SIDEWALK
Jadge George G. Bowman Expire
Shortly After Being Taken
Judge George G. Bowman was found in'
a dying condition yesterday evening
shortly after 9 o'clock, lying on the side
walk Just west of the Davldge block at
Eighteenth and Fa mam streets and takea
Into Hahn'a drug store, where be died
almost Immediately. Death 'was due to
heart disease. Coroner Brslley was sum
moned and took charge of the remains.
Mrs. Bowman ia ia Mlnneapolia visiting
with her daughter, Mrs. Harvey Dewlt,
and an attempt was made to telegraph to
them tbe news. In addition to these two,
deceased leavea a eon, Bert Bowman, who
la also in Mlnneapolia.
At about 9 o'clock, while Assistant Fire
Chief Windham and Tatrolman Samurlson
were In tbe drug at ore, an unidentified
man put his head . in at tbe door and said
there waa a man lying on the sidewalk.
Tbe policeman and Mr. Windham found
Judge Bowman breathing hia last and
carried him Into the store. It was im
possible to revive him. Deceased, who was
64 year old, baa been a sufferer for some
time from an affection of the heart anii
during the last year has had several se
vere attacks. He waa on hia way down
the street from the Bacbelora hotel, where
he lived, having been noticed to leave
there ahortly before 9 o'clock. He appeared
In hia usual health.
Deceased haa been a prominent trial
attorney of thia city alnce 1890, being
among other caaea, connected with the
Henry Tusler cattle contest. He was born
in Upper Sandusky ia January, 1849. and
educated in Oberlln college. He atudled
law la the office of Grtsell 4b Hall, and
waa admitted to tbe bar July 22, 1870, and
came west In 1879, locating in Columbus
where he remained until he came to
Omaha. He was a member of tbe house
of representative from Platte county In
1888 and chairman of the Judiciary com
mittee. Twenty-eight years ago he waa
married in Cleveland. O., to a daughter of
President Burk of th Nickleplate rail
KILLED BY SWITCH ENGINE
Woman Ram Down While Engaged
In Picking If Coal in B.
Walls' picking up bits of ooal In the Bur-
lingtoa..Vrde yoatarday -evening to keep a
fire la her home, at First and William
atreeta, Mra. Mary Whlnnlng was struck by
Burlington switch engine No. 178 and in
stantly killed. Coroner Bralley waa called
and took charge of the remains. He will
hold an Inquest,' probably thl afternoon.
Deceased waa the wife of August Wbin
nlng, a stone mason, and leavea a 15-year-old
daughter by a former marriage and
two small children. 6be waa 40 years of
age and of German blTth. The engSno
which killed her waa in charge of Louis E.
Scott of 517 William atreet.
The accident occurred at about 8:15 aa
the engine waa going south on one of the
witch track running along the river bank
and under the Union Pacific bridge. At a
point about halt way between Jones street
and the bridge the engineer saw g woman
with a sack of coal on her back, crossing
the track. He did not dowtdown, aa ahe
would have ample time to cross the track
if ahe had not slipped on the Ice and fallen
acroas tbe rails. It waa too late to atop,
and the wheel decapitated the fallen
woman and dragged her about twelve feet,
breaking her arm and mangling her feet.
At the point of tbe accident there waa a
row of car on each of the other 'tracks,
and It Ia thought trat the poor woman,
hearing an engine coming, became, con
fused, thinking that ahe had Lot room to
atand at the aide of the track.
PROJECT ALASKAN ' RAILWAY
Chicago and Hew York Capitalists
Will Gridiron Pealasnla
CHICAGO. Fsb. 18. The Western Alaska
Construction company of Chicago, which
was granted the right of way by the govern
ment, haa filed surveys with the Interior
department at Washington for tbe construe,
tlon of the Council City 4k Solomon rllver
railroad In the Seward peninsula, Alaska.
The company I Incorporated under the
law of New Jersey and capitalized at
81,000,000. Chicago and New York capital
ists are Interested and the construction of
the road will be begun early In the spring.
Mr. J. Warren Dickson, general manager
of the company, aaid today:
The system will connect ail the principal
mineral producing areas, centers of popula
tion and mining at present known through
out the Solomon river. Council City, Onhlr
creek and ome regions with tidewater at
Solomon. Grantiey Harbor, Port Clarence
and Good Hope, thus grldlronlng the pe
COMMITTEE OF TEN. FRIDAY
It Will Thea Consider the Bill Jor
the Seearlag of Eqalta
Member of th tax committee of ten got
together yesterday afternoon to canvas
and consider the work It baa In hand. It
waa decided that tbe committee shall meet
again Friday and take up tbe bill for tbe
securing of a more equitable assessment of
properties belonging to railroad and that
belonging to smaller corporation and prl
Movemrata of Oecaa Vessels Feb. IS.
At New York Arrived : Menominee, from
London: Kron Prins Wllhelm. from Bre
men, Southampton and Cherbourg. Hailed:
Philadelphia, for Southampton; Germanic,
for Uverpool? Khynland, for Rotterdam.
At Hamburg Arrived: Hlucher. from New
York. Sailed: Herodeth. for Han Francisco.
At Hong Kong Arrived: pTevlouf'y, Km
press of Japan, from Vancouver via Yoko
hama, etc; Korea and feabury, from Ban
Francisco, via Honolulu and Yokohama.
At Cape Spartel paaaed: Kaserln Maria
Thereala, from New York, via Funchal, for
Malta. Alexandria, etc
At MoviiW Arrived: Parisian, from St.
John, N. B , and Halifax for Uverpovl.
At Liverpool Arrived: Oceanic from New
At Klnsale Head Passed: Sylvanla. from
Boston for (lueeiistown and Liveriiool.
At tllbraltar Arrived. KaUerln Maria
Thereala, from New York, via JTunchal, for
AMEND ORGANIC LAW
Governor Mickey Callt Attention to Press
ing Need of Prompt Action.
TIME FOR ACTION IS GETTING SHORT
Indicates He Will Send Special Message
Unless Move is Mads Soon.
INDICATES CHANGES WHICH ARE NEEDED
Ballot Law Requires Amending in Order to
Get Expression of Voters.
RAILROADS LIKE THE REVENUE BILL
Oae af Union PaclBc's I.obbr Ea.
presses Opinion tbe Proposed
Law Is "Generally Sat.
(From a Staff Correspondent.)
LINCOLN. Neb., Feb. 18. (Special.)
Governor Mickey, unless tbe legislature
act within tbe next few day, will renew
hi recommendation that provlatea be
made for submitting constitutional amend
ments to the voter of Nebraska at the
next general election. He urged thia In
hi mtssage which he delivered before the
legislature at the opening of the aesalon.
A resolution already has passed th
eenate providing for the calling of a con
tltutional convention, but even thl haa
not reached the house. The governor,
however, I not in favor of a constitutional
convention. He will not, therefore, be
guided In his actions by this resolution.
Governor Mickey, deeply Imbued with
the necessity for providing for amendmenta
to the constitution at thia session of tho
legislature, pointed out this morning that
but twelve days remain in which a bill or
resolution of this character could be in
troduced, hence hi desire for action.
Twenty-eight of the forty legislative daya
in which bills can be Introduced ar passed
with todsy. In discussing this matter thia
morning the governor said:
"There is no question but that wo need
some amendments to our state constitu
tion. Neither Is thre any queatlon but
that provisions for those amendmenta
abould be made by this legislature. It ia
not my desire or purpose, however, to prod
the legislators. They know their business.
I naturally assume, .and have the desire
and ability to attend to It. I made my
recommendations in my message, yet I
hall deem It my place to again lay thia
matter before them if aome action la not
taken within a few daya. I have had th
matter under aeriou consideration."
Coaveatloa a Mlstak.
The governor think It would be a mis
take for the legislature to provide for a
constitutional convention rather than the
submission of proposed amendmenta to b
voted oh at the next general election,- In
explaining hia vlewa he aaid:
- "Our jstete.ta- already- burdened with a
terrible debt. Our every effort abould b
directed to relieve th atate of thia tre
mendous burden. . We certainly should do
nothing that would ddd to It. But if wt
called a constitutional convention we
would be deviating from thia course very
widely. It has been estimated, and wisely,
I think, that auch a oonventloa would coat
at least 3200,000. Now, when yon consider
the amount of thia atate's Indebtedneaa,
together with the fact that we would not
be assured of getting our constitution
amended even after w ad expended
1200,000 for a constitutional convention.
you will see tbe wisdom for suggesting
another course. It 1 by na mean certain
that a constitutional convention would re
sult as the people wanted It to. And evea
if it did'. It would require -two - yeara at
least to submit the action of the con
vention to the ratification of the votere, so
after all we would be taking the moat
round about and uncertain course. What
we want is prompt action. I appreciate
the fact that there la a chance involved
In a popular election, but I think. It I
Interpret the sentiment of the people
aright on thia matter of amending the con
stitution, there I ta queetlon but that,
properly aubmitted. It would carry.
"Again a to thl matter of expense. It
does ecm to me, that aa we are juat bow
doing our utmost to perfect a revenue bill
that will' provide for relief from thia enor
mou state debt, we ought, at least, not
to proceed with any plan calculated to)
entail further debt upon the atata until
thia revenue legislation is closed up.
Ballot Law at Faalt.
"I really think that befor any atep ar
taken to amend the ronstltutloa W ought
to amend our ballot law, so that w may
have aome assurance that whea an amend
ment is aubmitted to the voters they will
vote on It. Too often amendmenta ar loat,
simply by default, you may Bay; voter
overlook them. And why? Simply becaua
the amendmenta are placed at th bottom
of tbe general ticket and the voters, la th
majority of eases, do not se them until It
ia too late. How many ballots ar counted
where theae amendments have sot been
"So I would recommend that thea ballots
be placed at tbe top of th general ticket,
or that a separate ballot be provided for
them. In either case th voter would not
fall to see and vote on them. Matter of
such great Importance aa constitutional
amendmenta have no buslnes being tuck
down at the bottom of a general ticket- I
hope the legislature will take action la this
directloa without unnecessary delay.
Amendments that ar Hooded.
As to the moat Important amendments
tbe governor aaid:
"In tbe first and foremost place, ws
should provide for enlsrgement of our su
preme court. By all meana that Important
body should have five members. And the
salaries of these five member ahould, by
all meana, be raised. Each Jurist should
get 35,000. With five eminent men oa our
supreme bench at decent salaries Ilk tba,
we would bs assured much better aad more
satisfactory decisions. The state would be
far better off. And while I am on thia mat
ter of aalartea, I will say that w eould,
with profit to the atate, add to the aelaried
of tbe ctat officer, especially th a tale
treaaurer. I want to lay particular em
phasis upon that. The state treasurer ought
to get more money thaa he doee. If be waa
paid a liberal aalary It certainly would
have a tendency to Inspire tbe most scrupu
lous integrity. Oftendmea man In publie
offlc who ars underpaid are tempted by
that very fact to appropriate the atate'a
fund to their own use, not meaning to do
any wrong, but take temporary advantage
of the money en Fruited to tbelr car and
custody a officer of the law. It I tbe
duty of the state to correct aucb conditions.
I repeat, give the atate treaaurer a decent
aalary. Aad give other state officer aaar
money. It I not e bad with th governor.
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