TTbATTV Rl?!?
ESTABLISHED JUNE 19, 1871.
3MA1IA, WEDNESDAY HORNING, MARCH 25, 1903-TEN PAGES.
SINGLE COPY THREE CENTS.
Omaha
PACKING FIRMS UNITE
Omaha' Company Eti Combined with 8ix
Other Lesser Ooncerng.
8IG MEN HEAD JlEW CORPORATION
Swifts knd Armour Figure with Other i m
thi Original Director.
HOPE TO DO $150,000,000 BUSINESS
J. F. Lyman ii Named at President of
National Company.
CAPITAL IS PLACED AT $15,000,000
w Jersey Graata Paper Aathorlslasl
Hawses ta Antlftatlt aaa Trad
TL'ader Larger Competitors
Dlrcctlaa tal CoatreL.
.rfUCAOO, March !4. Several of the
mallar packing plant of Omaha, Chicago
and elsewhere have united under the name
of the National Packing company, with
115,000,000 capital. J. P. Lyman la presi
dent of the company.
The company be beeo Incorporated In
New Jersey and It la announced that the
following are the companies purchased:
1. Omaha Packing company.
1. Hammond pecking company.
2. The O. H. Hammond company.
4. Hutchinson Parking company.
e. Anglo-American Provision company.
. United States Beef company.
7. Fowler Packing company.
The purchase. It la stated. Is mad for
Investment, with the Idea of doing a busi
ness of between $140,000,000 and $160,000,000
a rear..
The directors, whose names follow, are
all Interested in the big packing companies
of Chicago: J. P. Lyman, J. Ogden Ar
mour, O. r. Swift, Edward Morris, P. A.
Valentine, Aruthur Meeker, L. F. Bwlft.
. B. P. 8wrt, Ira Morris, James D. Btandlsh,
Kenneth K. McLaren. J. D. 8tandlsh Is
secretary and treasurer.
CONSUL WARNS THE JAPANESE
Contrary ta Law of Japes for Them
ta Go from Hawaii to
Ceatlaeat.
HONOLULU. March 17. (Via Ban Fran
cisco, March 24.) Acting Japanese Consul
Okobe has issued a proclamation warning
bis countrymen against going to the United
States from here, declaring that the trip la
contrary to the law of Japan and also that
Immigration and labor , agents who have
been securing recruits are misrepresenting
the conditions.
The governor haa signed the act to make
the old Hawaiian flag the official territorial
flag. . A concurrent resolution Instructing
the secretary af the territory to fly the flag
over the capltol building was adopted by
the house of representatives yesterday.
H. Bcullln, son of a capitalist of St.
Louts,, accidentally shot himself on tba
ateamer Siberia between 8an Francisco and
.this UyvH had-plMod a M-eellber re
' volvef In a drawer In his state room 'and
' when he opened the drawer the weapon
struck the side and exploded. The bullet
lodged In his right thigh. Scullln was a
through passenger, but wss put ashore here
and the X-ray will be used to locate the
bullet. The wound la not believed to be
serious.'
W. R. Castle, jr., will leave In the
near future to take a position as Instructor
In English literature at Harvard. Ho Is a
descendant of one of Hawaii's earliest mis
sionaries and an alumnus of Harvard.
WOMEN NAME NEW OFFICERS
aaaa B. Anthony Selected aa Honors
ary Prealdeat by SanTraa;
Convention.
i
NEW ORLEANS. March 14. The' prin
cipal business of the woman suffrage con
vention today was the election of officers.
These were selected:
Honorary president, Susan B. Anthony,
Rochester, N. Y.; president, Carrie Chap
man Catt, New Tork; vice president, Rev.
Anna B. Howard, Philadelphia; correspond
ing secretary, Kats'M. Jordan, New York;
recording secretary, Altoe Stone Blackwell,
Boston; treasurer, Harriet Taylor Upton,
Warren, O.; auditors. Mary J. Coggeshwn,
Des Moines; Laura Clay. Lexington, Ky.
DIVIDE CAPITAL - BY THIRTY
Chain aaa Steel Company Red ace
took -from Slaty Mllllea ta
Two Millions. '
' NEW YORK. March 24. Stockholder of
r the United Chain' and Steel company today
approved the directors' recommendation to
reduce the capital from $80,000,000 to
t2.000.000. The reduction follows a recent
decision not to acquire a number of Arms
for which the company was negotiating.
It also was decided to change the name
to the Union Iron and 8teel company.
HEAT SLAYS TWO IN ICE CAR
Llaht Fire la Refrlsrerators and Are
Burned to Death While
Sleeping.
ELLENSBURQ. Wash.. March. 24.
Michael Hunt, a waiter of Tacoma. ant
Frank McCluskey of Lake City, Ore., were
found dead today In a refrigerator car.
They built a fir in the car and went to
leep, being smothered and burned.
Rabat Inaaalty Tbeery.
PIERRE, 8. D., March 24. (Special Tel
egram.) The state, In rebuttal in the Lln
ney trial, placed on tbe witness stand a
number of resident of Blunt who had
been In constant association with Linney,
none of whom had ever seen anything
which would lead them to believe that he
was insane so far as hi actions went to
show. The principal witness In rebutttal
was Dr. James U Green, the superintend
ent of the Nebraska hospital for the insane
at Lincoln. The caae, aa shown by the
testimony, waa read to him and he was
asked what the condition of the defendant
was at the time of committing the homi
cide la July last, the doctor holding that
on such a state of facts the defendant was
sane. On cross-examination he elated that
the action of the defendant la North Da
kota would Indicate Insanity at that time,
, probably brought on by acuta alcoholism,
and further that the lapeea of memory tes
tified to might mean either mental aberra
tion or Intense preoccupation. The after
nooo la being put la by the attorneya In
presenting pleas, State's Attorney Goodner
and John F. Hughe for the. state and
Horner Stewart tor the defense. The
case weal te the jury late this srtalng. '
INCIDENT IS NOW CLOSED
Farmer British Minister ta Caracas
Says t'aaleasaat Thlaa-s, bat
Matter Is Dropped.
'it,...
,
'i., ""ti . 24. Oibson Bowles, con-
servafi r . inn In the House of
Commoni V,, -flection of Mr.
Haggard, the It.. h minister at
Caracas, on Mr. Ru. . .he secretary of
the United States legation at the Venexuelan
capital. In the Venttuelan bine book re
cently published, and asked Premier Bal
four If his majeety'a government had been
called upon to make amends to the gov
ernment of the United States therefor. .
The premier acknowledged that Secretary
Hay had called the government' attention
to the passage referred to. '..
Mr. Balfour added: "Sir Michael Herbert
has Informed the secretary of state that
the passage escaped his attention, other
wise It would never have been published.
I need say no more than that an error of
this kind, however regrettable, may occur
In any department, especially when under
going an exceptional strain."
The blue book referred to was published
February 1. It contained an official letter
from the former British minister of Car
acas, W. H. Haggard, to the foreign secre
tary. Lord Lansdowne, dated Trinidad, De
cember 20, concerning the alleged illegal
detention of the British schooner Harry
Troop by the Venesuelan government In an
unhealthy place from May to November,
1902, whereby the crew were decimated by
dysentry,
Mr. Haggard said in this letter:
"I regret to say that it would appear
that I placed too much faith In the com
plete accuracy of the statements of the
secretary of the United 8tates legation,
W. W. Russell, as to the improvement la
the condition of Harry Troop, etc., when he
saw It.
"These statements may probably be ac
counted for by the facts, which appear un
doubted, that Mr. Bo wen was most anxious,
for reasons best known, to himself, to
represent the conduct of the Venesuelan
authorities In the most favorable light pos
sible, and that be had inspired his subordi
nates in the same direction. To put It
briefly, Mr. Russell did not dare to say a
word outside the legation contrary to Pres
ident Castro' mode of proceeding."
WASHINGTON, March 24. This' matter
concerning the aspersions cast bv 'Mr.
Haggard, late British minister at Caracas.
directly upon Mr. Russell and indirectly
upon Minister Bowen, Is declared her to
be a closed Incident and there is not the
slightest disposition to pursue the question
further.
Mr. Haggard haa left Caracas for good
end consequently cannot again come In con
tact with the officials of the American le
gation, while bis successor, Mr. Bag-Iron-sldes,
the present minister, through a resi
dence at Washington for several years,
when Lord Pauncefote was ambassador,
became Imbued with the American spirit
to a degree that Is expected to prevent fric
tion. TOWN OF SURIGAO RETAKEN
Amerleaa Official aad tbe Fore I a; a era
Ara Fauna Safe by the
Ceaatabalary,
MANILA, March tt. Th town' -of Burl
gao. In the northwestern part of the Island
of Mindanao, which, waa captured .Sunday
by ladronee, waa relieved today. The
American officials and foreigner were
found to be safe. ,
Eighty ladrones, led by ten escaped con
vict, participated in the attack on Suri
gao. ' They had twenty rifles and forty boloa
and succeeded In surprising and rushing
the constabulary barracks and stampeding
the constabulary.. Inspector Clarke . was
killed at the first rush. The ladrone cap
tured eighty rifles. '
The American officials, the women and
the foreigners sought refuge In the govern
ment building, where Treasurer . Kelly,- a
former Indian scout, assumed command.
The defendants were armed with shotgun
and ' refused the summons of the ladrone
to surrender. They held out until tbe town
was relieved today by a force of constabu
lary sent from Tacloban.. . The ladrone
fled at the approach of the constabulary.
. Three companies of United States Infan
try will reach Surlgao tomorrow and then
probably will start In pursuit of the la
drones. The government force operating
In , Albay province, Island of Luion, have
established a concentration sone In the
center of that province, twenty-seven miles
long and ten mile wide, and bav a aeries
of detachments of troops following the la
drone. WASHINGTON.- March . 24. Secretary
Root today received a cable from Governor
Taft announcing that the affair at Surlgao
turn out to be an escape of prisoners sen
tenced to long terms for ladronlsm, who,
with sixty -or eighty of their fellows, re
turned to Surlgao and suoceeded In sur
prising and rushing the constabulary bar
racks, obtaining constabulary arms and
ammunition, killing Constabulary Inspector
Lewis M. Clark and thus taking command
of the town.
HAVE TOO MANY HOLIDAYS
Raaalaa Aathorltlea Decide that the
Laborlnsr Classes ' Do "Hot
, , 'Work Eaeaarh.
8T. PETERSBURG, March 24. The Rus
sian authorltlea have decided that - the
laboring claases have too many holidays
and the officials are taking steps to stop
what they characterise aa being a growing
evil. .
The minister of agriculture ' Is the prime
mover in the effort to curtail the ob
servance of festivals, which, he says, In
many places total as high as 140 yearly,
seventy-seven of them falling in the sum
mer.' the most Important season for agri
culturists. The n.lnlster arranged a special confer
ence, which discovered that, many of the
holidays celebrated are not prescribed by
the church, but are merely based on local
custom.
The council of the empire was therefore
appealed to and an official notification will
be Issued by the police and local officials
to the effect that voluntary work on hoi
Idaya Is not prohibited by law.
Tbe clergy will also be enjoined by the
holy synod to explain to the people tbe true
meaning of Christian featlval and to urge
dropping some of the holiday which are
not connected with the church.
PRESIDENT BELITTLES REVOLT
Nlrarasraaa Executive Saya Rebela
Ara Surrounded aaa Will Sana
Be Destroyed.
NEW YORK, March 24. President Ze
lays haa cabled aa follows:
MANAGUA. Nicaragua. March 24. Oo
March 1 a small uprising occurred In a
Dart of the Department of Contales. east
of Lake Nicaragua. The government has
surrounded tne Insurgents and will loon
destroy them, """he remainder of 'he coun
try Is completely tranquil. kklaya.
LAND BUSINESS IS BRISK
Government Belli Fonr and Three-Qnarter
Millions Worth Latt Teat,
POOR ROADS HAMPER THE RURAL MAILS
Prealdeat Makes a thenars la His
Program aa Will Take Si
Lobs Rid at Oread
. Islaad.
(From a Staff Correspondent.)
WASHINGTON, March 24. (Special Tele
gram.) A statement Issued today at the
general land office relative to the cash
sales of public land during the first halt
of the present fiscal year shows that thero
were 23,011 entries, coveting 1.663,613 acres,
for which the government received $4,747,
163. 'A compared with the corresponding
period of last year a very remarkable In
crease I shown. . This . Increase Is due
largely to the operation of the so-called
timber and atone act. During the last half
of the fiscal year of 1902 there were 7,47
entries, covering 767,002 acres, for which
the government received 22,719,284.
W. A. Richards commissioner of the gen.
era land office, who ha been confined to
hi bed 'during the past week with an at
tack of grip, has recovered sufficiently to
be at hi office. Commissioner Richards,
though not fully recovered, wa able today
to sign up hi accumtrlated mail and hopes
within a few days to be quits himself
again.
C. E. Guernsey; president af the Wyoming
stats senate, who baa been in Washington
several weeks, left for Cheyenne tonight.
Jones Golan; to Southwest.
Indian Commissioner Jonea leaves Wash
lngton tomorrow morning for an extended
trip through the southwest. Mr. Jonea will
visit several Indian reservations in New
Mexico and Arlsona 'and Incidentally cross
tbe border Into Mexico to look Into some
private business, being somewhat Interested
In Investing his surplus caah In copper
mines In our sister republic
, Poor Roads Hamper Malla.
A circular has been sent out stating the.
difficulties rural free delivery is encount
ering because of bad roads in many section
of the country. It 1 pointed out that ap
plication for service, which are turned
down each day on account of bad roads, are
rapidly Increasing. Friend of the system
fear It will not be long before tbe number
of rejected route will affect o many peo
pie that the cry of favoritism will be
raised, with the result that congress will
do away with the entire scheme. This, pos
slbly, Is urged as an argument for the Im
provement of roads both by counties and
states, and for active participation of the
government In the work.
Chance Nebraska Program
The very latest Information relative to
the president's intention as to hi forth
coming trip to Nebraska will doubtless
create some sore spot. Mr. Roosevelt; re
spondlng, to urgent requests ' of Senators
Millard and Dietrich, today, made. known
his wishe aa to his contemplated stop at
Grand Island, Neb.. He will arrive there
at 2:20 a.- tri., April 26; and leave at 2:20 p.
ra.' The . president today officially notified
Senator Millard and Dietrich that tf would
be hit pleasure upon reaching Grand I-
land to take a horseback ride of at least
twenty-five miles.- The president suggested
that upon hi arrival at Grand Island he
may be In need of outdoor exercise and
hoped, that a 'brisk gallop would be Invig
orating and trusted that the senators
would accompany him. Senator Millard, it
is expected, will remain In a Pullman car
or take a dogcart for a ride over the hill
while hi colleague Is with the president
on his gallop. The president desire rhost
of all to "rough ride" to tbe Soldier' and
Sailors' horn and there take supper with
the veterana.
Roatlne af Departments.
These Iowa rural letter carriers were ap
pointed today: Davenport, regular, Carol
M. Adams; substitute, James E. Murray.
Deep River,' regular,. Ira Hopwood substi
tute, Mrs. Hopwood. Centervllle, regular,'
Clarence C. Bryan;' : substitute, Claude
Bryan. Elliott, regular, Fred W. Sandell;
substltase. Ellas Ashburn. Fredericksburg,
regular,' Fred W. Eygabroad; substitute,
Dora Eygabroad. Guthrie Center.' regular.
Herbert W. Myers; substitute. Ruby Myers.
Hampton, regular, Aaron W. Monroe; sub
stitute, Elisabeth Monroe. Kanawha, regu
lar, 1 .Thomas H. Thompson; substitute,
Knute Landy: 8tanton, regulars,' Charles A.
Malmberg and Arvld Johnson; substitute,
John . F. Malmberg . and Adolph Johnson.
Yale, regular,' Ulysses G. Flckes; substitute,
J. H. Flckes. .
The Citizens' National bank of Cedar
Rapids haa been approved a reserve agent
for the Citizens' National of Belle Plaine,
First Nationals of Grundy Center and In
dependence and "Leavttt .and Johnson Na
tional of Waterloo, la.; Cedar Rapids
National of Cedar Rapids, for Confmerclsl
National of Council Bluffs. First National
of DVsart, Forest City National of Forest
City, City Nationals of Marshalltown and
Mason City, First National of Thompson,
Fayette County National of West Union,
la., and First National of Ceylon, Minn.';
the Merchants' National of Cedar Rapids
for First National bank of Crystal Lake and
Independence, la.' "
The postofflces at Birch, " Pierce coanty.
Neb., and Griffin, Boone county,' la., have
been discontinued.
Edwin R. Pease haa been appointed, sub
stitute clerk in Fremont (Neb.) postofflcs.
W. S. Wllmarth, Jr.. of Verravllle, 8. D.,
and Claude C. Campbell of Clay Center,
Neb., have been appointed railway mall
clerks. ,
Postmasters appointed: Nebraska Rich
field, Sarpy county, Henry L Lowry, vice
A. Becker, resigned. Iowa Vlele, Lee
county, Francis L. Keran; Westerville, De
catur county, Edward Sanders.
The poatofflces at Over, Neb., Cornell,
la.. Carpenter, S. D., and Cumberland,
Wyo., become domestic money order offices
April L . .
An additional rural free delivery routs
will be established May. 1 at Gretna, Sarpy
county, Neb.; area covered, , twenty-five
square miles; population served, 460.
The postofflces at Rescue, . Saunders
county, Neb.; and Olson. Fremont county,
Wyo., have been re-established, with Mary
Palensky and Fred B. Morris postmasters,
respectively.'
The Citizens' State bank of Wiener,
Neb., was today authorized to convert Into
the Citizens' National bank of Wlaner, with
I&o.uoo capital. .
Will Make Money far Islands,
. Secretary Root has been la cable corre
spondence with Governor Taft and It has
been determined te sell 23,000,000 of tem
porary certificates for tbe purchase of silver
bullion for coining into pesos. Tbe certif
icates bear 4 ' per cent Interest, are free
from taxation and run for one year.. They
will be Issued in denominations of 11,000
each, made payable to bearer. .These err
tlflcatea are to be sold In this country.
Ths Insular division of tbe War depart-
(Continued on Fourth Pag.)
WILL PUSH THE CHARGES
Kansas City Pll Department te
Aeeae4 ojf Maay Serloas
Irregularities.
KANSAS CITY. March 24. The invest!-
gallon of tbe police department, started by
charges of crooked work, filed last week by
City Jailer Todhunter before the Board of
Police Commissioners, has already devel
oped sensational disclosures and will be
pushed.
Todhunter, In his testimony, declared
that the Jailers bare made, a practice of
taking money from prisoners who havs any
service rendered them and also havs regu
larly taken money from a lawyer for throw
ing cases his way. Other chargea made
during the Investigation are to the effect
that a sergeant and other officer at the
Central station havs stolen from drunken
prisoner. '
Another case testified to wa that of a
prisoner who was released without trial
upon payment of $125 to a lawyer, who was.
It waa testified, escorted te the man's cell
by city detectives.
These detectives Ister, it was stated.
went with ths prisoner to a pawnbroker's
shop that he might pawn his diamonds to
secure the money.
Something of a aeneat!6n was caustel
when Sergeant Snow, who had been directed
to produce the police record of arrests In
the Westport district to show the entry of
the arrest of a man from whom Todhunter
was accused of having received some money
was called. The record had been mutilated,
four sheet having been removed.
Later Chief of Police Hayea, who was on
ths stand, said Jailer Todhunter had lied
when be said the police commissioners had
ordered him removed.
ABBOTT STARTLES HEARERS
Propounds Theories Elaborated la Hie
Book, "The Theologry' of aa
Evolutloatst."
NEW YORK. March 24. Rev. Dr. Lyman
Abbott, somewhat startled his bearers - at
a Methodist minister's meeting by pro
pounllng some of those religious theories
that he ha elaborated In hi book, "The
Theology of an Evolutionist."
The bible, according to Dr. Abbott, la
merely a record of human religious expe
riences. "I have - a respect for the old
theology," he said "and today I cannot
doubt tbat the change from the old to ths
new thinking In religion Is important,' rad
teal and revolutionary.
"The typical departure. Is the recogni
tion of what was once called the 'Carpenter
Theory of Ood'a Creation of the World.'
, "Tbe bible la not a book In which fifty
or sixty writers tell what Is religion, but
it Is a record ' of, their religious expert
ences, a reoord of their consciousness of
God. They . were human, they were trn
perfect men, those who wrote the bible.
They stumbled aa w stumble." .
BAD BLIZZARD IN MICHIGAN
Temperatare la Below Freeslaar aad
Mack Fear 1 Felt far Safety
DETROIT,' March.- !Y'"-Dipstche. from
western Michigan' report tbat one of the
worst bllssard of the winter la raging In
that section of the state, with the temper
ature below freezing.
Much fear Is-felt for small fruits and
peaches. ' At Benton Harbor and ' St. Jo
seph much damage ha been done by the
wind.
The big atore of H. L. Bird Co., at the
principal corner of Benton Harbor, la
wrecked by the wind and lta stock and fix
tures ruined.
BLACKLISTS ARE PRIVILEGED
Jodft-e Koasalts Libel Claimant Seek
ing; Damages from Armour
at Company.
MILWAUKEE, Wis., March 24. Judge
Halsey In the circuit court today decided
that so-called blacklists are privileged
communications. Valentine Gerhardt was
accordingly non-suited in his libel action
against Armour Co. and William G. Lloyd,
the Milwaukee representative of the pack
ers.
Gerhardt claimed damagea after he had
been refused a aupply of meat because a
prevloua bill had not been paid.
FAIR CASE JS POSTPONED
Jadtie Delays Hearlaar AJleared Wit
nesses of Millionaires' Deaths
Till April.
NEW YORK. March 24. In the auprema
court today Justice Greenbaum postponed
until April 7 the examination of two per
sons alleged to have been eye-witnesses
of the cutomoblle accident by which Mr.
and Mrs. Charles 8. Fair were killed.
Mrs. Fair's relatives opposed the post
ponement. while Mrs. W. K. Vanderbllt
and Mrs. Herman Oelrichs, Mr. Fair's sla
ters, asked to have the hearing delayed
until June.'
MOVES HOUSE TO ESCAPE LAW
Claimant ta Dakota Property Dodarei
Injunction and Takea It ta
Minnesota.
GRAND FORKS. N. D.. March 24 A
hurry call went up for an Injunction last
night to restrain Mrs. John Jacobson from
moving a house Into Minnesota.
; Ownership was- claimed by both the
woman and Phil Wett, between whom pro
ceedlngs were pending in the trial courts,
STROLLER CONFESSES THEFT
MlaalaaT Opera Slnser Caasht with
Compaay'a Cash la His
Packet.
MILWAUKEE, March 24. Gilbert War
field, the missing member of the Sylva
Opera company, was arrested at Eagle
Wis., and confessed to robbing Treasurer
Nordlinger of $2,700.
He had nearly the full amount of tbe
stolen property in his possession.
CHILDREN BURN TO DEATH
Mather Larks Them la Hoasa While
She Gaee to a
Stare.
. KANSAS CITY, March 24. -At Kansas
City. Kan., today two children. Asa and
Charles Blgelow, aged 4 and 2 years, son
of O. W. Blgelow, were burned to death
In a fire that destroyed their home, the
mother having locked them la while she
went to the store.
CITY COUNCIL PROCEEDINGS
Order of Oonrt Prevent! Passage of the
Bosewater Fnnohise Ordinance.
NEW BILL COVERING SUBJECT INTRODUCED
Ordlaaaee Practically Identical with
the Oae Covered by Restraining
Order la Read Twice aad
Referred.
An Injunction Issued by Judge Guy R. C.
Read of the district court prevented the
city council from passing the Andrew Rose-
water electric franchise ordinance pending
on Its third reading last night. But the In
junction did not prevent the council from
ordering the first and second reading and
the necessary publication of an Andrew
Rosewater' electric franchise ordinance
without the amendment by a voto of 8 to
not voting. The ordinance as passed I
Identical with the original ordinance but
was read as an entirely new ordinance.
The restralnlng order was signed by
Judge Read and directed against the mayor
and the members of the city council. Indi
vidually and as a city governing body. The
order was not given until five minute of 8
'clock last evening and was served at
once on the members of the council, reach
ing them before the council was called to
order. Stephen Rice, a laborer In the em
ploy of the New Omaha Thomson-Houston
Electrlo company, Is made thj relator 'n
the order, which directs that ths council
be enjoined until a hearing before Judge
Read on March 30.
Attempting to paes the pretended ordi
nance, being document No. 8247, without
tne amendments thereto made by the said
mayor and city council, and from sui-
mlttinsr to the vote of the electors of said
city the proposition to grant the franch aj
mentioned In said ordinance and rrom tax
ing any steps therein as in relation to the
(ranting of a franchise under said ordi
nance without the amendment thereto and
until said ordinance as amended haa been
published for two week In two dally
papers of said city, and from In any way
grafting or giving unto the said Andrew
Rosewater for himself personally or for hi i
benefit any franchise ax described In said
ordinance and from entering Into any con
tract in relation thereto with the sail An
drew Rosewater or any person or persona
representing his Interest therein, until ths
further order of this court, and that the
hearing" for temDorarv injunction be set
before me for 9:45 on the 811th day of March
at courtroom No. e In The Bee building.
Baala af the Petition.
The petition cltea that the council's ac
tion of December 22, Injecting the amend
ment to make tbe franchise privilege gen
eral never has been reconsidered and is
still In binding force; that the ordinance
aa amended never has been published In
any Omaha paper and that hence the coun
cil is without authority, under chapter xlta
of the Compiled Statutes of 1901, to grant
the franchise; that in the same chapter of
the .statute It Is made unlawful for any
officer of the city to be or become In any
manner Interested or In any way partake of
the advantages and projects of any contract
or work or letting to be made under the au
thority of and by the' city council; that any
contract, franchise or special privilege, and
that any such contract work letting or spe
cial privilege or franchise attempted to be
granted would be against public policy, In
vtolatlon Of the' city charter and void. In
cldentally. It la added that Andrew Rose-
water la city engineer and, hence city
officer,, a part of whose duties la to auper-
Intend all work upon tbe street and ad
vising the council aa to tho advisability of
the letting of all contracts and the grant
ing of all franchises. .
Council men Hascall and Mount were late
in arriving at the council meeting, a were
also the copies of the restraining order a
Issued against the councllmen. In fact, the
restraining order and the detained council
men arrived within a few momenta of each
other. ,
Hascall Urates Delay.
On the first suggestion of the reading of
any ordinance before the council Council
man Hascall waa on his feet and declared
that the members were risking contempt of
court in moving a hondsbreath in any or
dlnance matters. City Attorney Connell was
then called upon to give hi opinion In the
matter and he declared that be waa abso
lutely certain that the ordinance matters
to come up during ths evening were all
without tbe terms of the order and could
safely be taken up by the council. Never
theless Councllmen Whltehorn and Mount
refused to vote from fear of the order of
the court. The other six of the council all
voted on the Rosewater franchise and In
the affirmative, so tbat It waa passed
through Its first and second reading and
waa ordered published in tbe Omaha paper
for a period of ten daya.
From the time that the resolutions of
the Real Estate exchange and ths South
Side Second Ward Improvement club, fa
vorlng the Rosewater franchise ordinance
were brougut up for reading Hascall proved
'himself an obstructionist, arguing tuttly
that the franchise and all that, pertained to
It was a dead Issue and could sot be men
tioned so long aa the restraining order 1
In force.
, Rosewater Waa Prepared.
In the course of the evening Andrew Rose
water said: "Mr. Wright, who prepared the
petition and dragged In Stephen Rice as the
plaintiff, at the last moment before nung
his papers, I in tbe employ of Mr. Nasn. 1
have known this and that they were batcn
lng something for several days, and I was
not unprepared. I had another ordinance
all ready to be Introduced tonight and pub
lished immediately, so that if tbey beat me
on tbe first one I may atlU be able to catch
them with ths other.
"But that Mr, Nash'a forces can defeat
the first one seems bard to believe. I don't
see how a district Judge can brush aside
the council' In such a manner as this. It
is Just aa If the supreme court would try
to step In and decide what congress shall
do, for a city council -la nothing less than
a reflection of congress. After the ordi
nance Is passed a court might, with perfeei
propriety, pass upon Its vslldlty, but to
review it In advance and decide whether or
not It shall be passed Is quite another mat
ter." City Improvemeat Beads.
Tbe council also passed two ordinances
through their first and second readings
providing for the Issuance of $195,000 of
city bonds for paving, sewer and engine
house Improvements and building. The
first one provided for the issuing of $50,000
worth of paving and aewer bonds during
each of the years 1902, 1904 and 1905. draw,
ing 4 per cent Interest and not to be sold
below par. The money Is to be used for
paying the cost of paving, repaying or
macadamizing the street Intersections snd
spaces opposlts alleys In front of prop
erty not subject to paving taxes and for
ths building of city sewers. Ths second
ordinance provided for the Issue and sale
of bonds to tbe amount of $45,000 for the
building of engine houses in tbs city. Both
bills were referred to the Judiciary com
mittee after their second reading.
The appointment of Clayton W. DeLa
mater, George W. Warabam and Ole C
(Continued on Second Pag.)
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fair Wednesday,
'i'hursdsy Fair In Kaet; Rain snd Colder
In Western Portion.
Temperatare at Omaha Yraterdayt
Hoar. Dear. Hoar. Dec.
1 i, n M 1 p. m SM
e a. ta x: ' X p. m 87
T a. m ...... a p. m 40
a a. m...... an 4 p. ni 41
D a, n Ill B p. m 41
10) a. m SM tl p. m 4tt
11 a. m...... aa T p. m
I J m.. ....... 8.1 ft p. m art
v p. m ST
TAKE TWO TRAYS OF DIAMONDS
Pair of Thieves Work Neat Trick
at Habermaan'a Jewelry
Store.
Two trays of diamond rings, containing
twelve gold bands set with stones, valued
In tbe aggregate at nearly $1,000, were
stolen from tbe jewelry store of A. B.
Hubermann, corner of Thirteenth and Doug
las streets, Tuesday afternoon between 12
and 1 o'clock by two well dressed young
men, who made their escape.
Two men called at the store at a time
when only Mr. Hubermann and Charles
Whipple, a clerk, were there. Having pre
viously been seen to examine a watch which
was displayed in the window, Whipple
granted their wish to Inspect the time
piece when they stepped into tbe store.
While he was waiting upon tbem the tele
phone rang. Mr. Hubermann told the clerk
to answer it and be continued In the pros
pective sale.
Shortly after Mr. Whipple's return tbe
young men stated that they would call
again tor the watch and departed leisurely.
They walked northward on Thirteenth
street. After they had left, the case con
taining the diamond traya was found to
have been opened and two traya of rings
missing. Believing that frlenda had per
petrated a Joke, no thought of a theft was
entertained until two hour later. Chief of
Detective Dunn was then notified and went
to work upon the case.
The thieves are described as about 22 anl
17 years of sge. The oldest, about five feet
seven Inches in height, wore a dark suit
and had a dark complexion. The youngest
was about five feet four inches In height and
light couplexioned.
The proprietor of the American Pawn
shop, Wolfe's jewelry store and two other
store on Douglas street report that two
strangers, bearing the description of the
young men, called at their places of busi
ness and endeavored to work a similar
game Monday evening. While one exam.
Ined jewelry the other wandered into the
rear of the atore. Nothing ha been missed
by tbe owners of tbe stores.
Up to a late hour last night the police
had been unable to unearth any clue lead
ing to the discovery of the identity and
whereabouts of the robbers. It is the Idea
of Chief of Detectives Dunn that tbe pair
are eastern professionals of some standing
and skill snd tbat they got clear of the
city some time before the police were noti
fied of the robbery. -
RAID ON THE TIGERS' LAIR
1
South Omaha Gambling; Fixtures Ara
, Grabbed
at , Instaaee of
Vj. Dana. . ' ''
1 Armed with the necessary papers from
Justice Foster's court. Sheriff Power and
several deputies went to South Omaha at
t o'clock yesterday afternoon and seized
two wagonloada of gambling fixtures at
Myron Sherman's, 406 North Twenty-fourth
street, and Thomas Jorgenson's. . Berlin
sV Healy's, at 2402 N street, was visited
also, but no seizure made, the only objects
in sight being an Inoffensive table and
four eminent gentlemen engaged In a de
lightful game of whist thereat.
To accomplish tbe raid the sheriff di
vided his force, two men going to each
place and all at the same hour. The
fixtures seized were taken to the court
house and stored In a basement apartment.
Of the proprietors of the places only Myron
Bherman appeared In Justice Foster's court.
He was placed under $500 bond and the
hearing set for March 31. Tbe complaint
against Sherman and Berlin at Healy was
by I.. J. Dunn, and that against Jorgenson
by Guy H. Roberts.
NEW BLACK HILLS "RAILROAD
Minneapolis Capitalists Propose ta
Tap Coal Country Betweea Bsr
llagtoa anal Elkhora.
CHEYENNE, Wyo., March 24. Article of
Incorporation were filed today of tbe Wy
oming & Black Hills Railroad company, to
operate in South Dakota and Wyoming,
with $2,000,000 capital.
Lewis C. Twombly will be president and
general msnager and tbe following Minne
apolis capitalists are Interested in the en
terprise: A. E. Johnson, Phillip 8. Harris,
Carleton L. Wallace, Edwin G. Potter and
Alpha E. Hoyt.
This road will be about 100 miles In
length and will open up a vast coal country.
It will connect the Burlington and Chicago
at Northwestern systems.
BRIBE CHARGES DELAY SUIT
Judare Foatponea Strattoa Will Caae
ea Aceaeat of Alleged
Corruption.
COLORADO SPRINGS, Colo.. March 24 -Th
e Strstton will ease was called at 10
this morning and an adjournment lmmedl
ately taken till tomorrow.
The continuance wa caused by the senaa
tlonal affidavits of Harry Berry, Homer
Snyder and others that tbe attorneys of I,
Harry Stratton had tampered wlth the jury.
Senator E. O. Wolcott announced tbat
Harry Berry could not be found In the city.
DIES IN PLACE OF FISH
Missouri Man Blewa to Blta While
Exploding- Dyaamtte ta
River.
ST. J08EPH, Mo., March 24. Edward
Vandeventer, aged 32, of Mound City, Mo.,
was killed near there today by the explo
slon of. severs!, sticks of dynamite used
In killing fish In the Missouri.
Movements af Oreaa Vessels March 24.
At New York flailed Calabria, for Gib
raltar, Leghorn and Naples; Kron Prlns
uneim. lor uremen, via i -lymuuiu sum
Cherbourg. '
At Boiflv Passed Patrlida, from New
York, for Plymouth, Cherbourg and Ham
burg. At Antwerp Arrived Finland, from New
York.
At MovlUe Arrived Tunisian, from St.
John. N. B.. and Halifax, for Liverpool
At I.ondon Arrived Minnehaha, from
New York.
At Liverpool Arrived Cevic, from New
York.
At Rotterdam Arrived Amsterdam, from
New York.
At Plymouth Arrived Patricia. from
New York, for Cherbourg and Hamburg,
ana procecaea.
STDEFER DENIES AIL
Saji He Never Profited a Cent from Anj of
the Bond Transactions,
NELIGH TOOK BURT COUNTY COUPONS
Be Did Not Enow of Date Whin Thtte
Bonds Were to Be Sold.
WERE DELIVERED TO HIM ON JULY THIRD
Burt County Treasurer Rayi He Wrote
Stnefer Abont Them.
REPORT ON BARTLlY INVESTIGATION
I'nable to Final Any Evldeaee af the
Kalrteaee of the Maeh Talked of
Clarar Boa' or at Pri
vate Loans.
STL'EKKR INVESTIGATION continues.
Former state treasurer denies he ever
profited a dollar from bond transactions.
Hays Burt county bonds were delivered to
him July 3 ami paid for. Denies being
advised of date of sale. Burt county
treasurer testifies to writing lilm offering
bonds.
FI'RK FOOD bill passes senate sfter sena
tors representing cities vainly try to have
It amended. .
ilAHTIJCY committee flies Its report to ef
fect that famous "cigar box" was evi
dently a myth. No tiaoe found of where
Hartley had loaned state money. Former
Governor (Savage received registered let
ter requesting presence, but did not rep.y.
CLAIMS bill occupies most of the lime In
the honne. Kffort to tack on appropria
tion to pay beet augar bounties (alls.
(From a Staff Correspondent.)
LINCOLN. March 24. (Special Telegram.)
The Stuefer investigation committee and
the senate revenue committee took the cen
ter of the stage early this morning and
held It until midnight. The former con
tinued Its examination of witnesses In the
Burt county bond case and the latter, put
In the day and ulght trying to resist the
onslaughts of franchlsed corporations to
force their way Into that section of ths rev
enue bill providing the gross earnings fran
chise method of taxation. In the meantime
the house pegged away at the claims and
current expense bills, increasing the grand
total of the former and recommending It
for passage. The senate passed the Hanna
Junior normal school bill and to cap the
climax, the house committee on investiga
tion of ths so-called Bartley "cigar box"
submitted a report of Its perfunctory pro
ceedings. In yesterday's report ex-Stste Treasurer
Stuefer, by a typographical error, was made
to say that he employed W. T. S. Ncllgh to
conduct the purchase of tbe Burt county
bonds, when as a matter of fact Mr. Stue
fer distinctly said he "had not" so em
ployed Mr. Nellgb. He stated that he
bought the $80,000 worth of bonds from Ne-
llgh, giving him two checks of $70,000 and
$10,000 respectively In payment. - 1
The examination today began at 7:20 a. aai
with Mr. Stuefer on the stand-' The other.
witnesses were Attorney General Prout. J.
K. Hancock, Franklin Everett,- John k
Piper, B. D. Beck of Burt county, N. Fod-
rea, bookkeeper for the atate treasurer, and
W. T. S. Neligh of West Point. '
One of the principal point brought out
by Sears, attorney for the committee, came
through tbe testimony of Fodrea, who re
ceived the Burt county bonds for Mr. Stue
fer when they were delivered to his office
at the capital by Neligh, July 8, 1901. Fod
rea said he made the entry on the bond
book of the transaction. - The entry was:
"Purchased July 6, 1901. on a basis of S4
per cent, coupons detachable to equalise,
rate, except a bonua of $560 In coupon not
detached."
The point developed wa that that part
of the entry beginning with the word "ex
cept" wa made "a long while," to use Fod
rea'a words, after ths first part of ths en
try. Sears sought to show that this waa
added after he had made publlo the fact
tbat $550 in coupons were In tbe treasurer's
office, attached to the bonds and not ac
counted for. , Fodrea .could not be positive
as to dates. '
Attorney General Prout, In hla testimony.
stated that It waa at hi suggestion that
this latter entry was mad. He said Mr.
Stuefer cam to him aftsr Sears' publica
tion of the affair and asked for advice as to
how to account for this balance la eoupons
of $560. The attorney general said he told
htm simply to make tbat notation on his
books. Stuefer replied that he was afraid
Sears then would accuse him of doctoring
hla books.
"No matter what Sears says," rejoined
Mr. Prout, "if your books are not correct,
correct tbem." ,
The entry was then mads by Fodrea.
Neligh merely recited a history of the
Burt county bond transaction, ssytng bs
had bought the entire issue of $80,000 on
his own responsibility and sold them after
ward to Stuefer a atate treasurer on a cash
premium basis payable In coupons, and that
this gave him $3,450. He said not another
coupon beyond this amount wss cut oft and
that Mr. Stuefer did not realize a cent'a
profit from the deal. Nellgb showed the
original contract on which he bought the
bonds from the supervisors of Burt county.
He said be finally offered and gave par and
a premium of $800 for the t per cent
bonds and lost by the transaction.
Getting; Dowa la Baslaess.
. The Stuefer investigation was resumed at
7:30 this morning with Mr. Stuefer on the
stand, under cross-examination by Bears,
attorney tor the committee. He was cross
examined by his sttorney, J. H. Van Dusen.
In answer to questions by Seers aa to
why hs did not buy certain county bonds
called to his attention by Sears, Stuefer
said he was unabls to buy them because
he could not afford to pay a premium.
He then admitted that he had paid a pre
mium on state warrants, explaining that
it waa easy to keep these accounta on
bis hooks. He further statsd that hs had
not searched for such Investments, as hs
deemed that tbe duty of the Board of Edu
catlonal Lands and Funds, and not tbat of
ths stats treasurer. Referring to a sum of
stats money deposltsd In ths First Nstlonal
bank of Omaha, Stuefer said In answer to
questions, that the money drew 2 per cent
Interest, payable monthly, but that he did
not collect It at such Interval, but allowed
It to accrue for about on year and then
collected It and turned It Into the general
fund, which then was kept separate from
school moneys.
On cross-examination by Van Dusen,
Stuefer said ths first knowledge hs bad
of ths Intention of Burt eounty to Issue
refunding bonds cams to him la March,
1901,' befors ths bonds were Issued In July
through J. R. Sutherland of Tekameh. Ho
denied having been advised Of the date of
Issue by any Burt eounty men or newspa
pers and said that he was Ignorant of the
exact date on which the bonds wsre Is
sued and advertised for sale until it was
too late to bid on them. He further
autsd that he did Be know Nsllgh waa
