The Omaha Daily Bee.
g PAGES I TO 8.
ESTABLISHED JUNE 19, 1871.
OMAHA, SAT U 111) AY MOltNINU, APKIL 11, 1903-SIXTEEN PAGES.
SINGLE COPY Till. 12 CENTS.
I
ST LAW TOO WIDE
kt irtant Attorney General Be Increasing
Difficulties in Situation.
COURTS HAVE PROVIDED NEW PROBLEM
Eold that Even Reasonable Istraint of M
Trade it Illegal at Pre en t.
RAILWAY CONSOLIDATION MAY BE GOOD
Peon'a Malt Decide Which alerters Should
I
Be Prohibited.
SECURITIES CASE DEFINES
STATUTES
Leaves No Loophole for Escape by
Destroy I oa; Laat Legal Quibble
and Finally Settling
Judges' Powers.
PHILADELPHIA. April 10. Jamea M
Beck, assistant attorney general, who ar
gued the Northern Feeurltlea case for the
government, when questioned today as to
the scope of the decision, aatd: I
"Disclaiming any purpose to exprese any I
opinion but my own, the clear and exhustlve
opinion of Judge Thayer aeema to mo to
leave nothing to be desired in the matter
of a full exposition of the federal law ap-
ffSS
coma such a result, for it seems to me of
first Importance that the exact meaning of
existing atatutory law should be definitely
. ascertained. When ao aacertalned, the
rkuestlon of the wisdom of the statutes can
Jn fairly debated In the greater court of
public opinion.
Court Destroys Las Legal Quibble.
"The declalon of the circuit court accom
pllshos the purpose. It destroys the laat
legal device for the auppreaelon of com
petition and ahlfta the whole question from
the courta to the people and leavea for their
consideration and ultimate decision the
question whether railway consolidation un
der orooer regulations la desirable or
Ahether it should be altogether prohibited,
"The wild suggestion that thla declalon la
revolutionary and will disrupt the Amer
lean railway system la absurd. It simply
reafflrma existing principles and baa no ap
plication whatever to legitimate extensions
of railway lines, but appllee solely to the
.nn,...lA t onmnatltlnn hv rallwSV COO- I
wvv ' - -. . i
sol'.datlon. Judge Thayer a declalon, in er
feet, demonatratea the Inaccuracy of the
phrase 'holding cotnpane.' and also shows
that the 'community of Interest' plan,
through stock ownership, when it aup
presses competition and promotes monop
oly, la unlawful. It holds in substance mat
whenever the control of competing inter-
..... i . i. wm.. ' -iffc-r hf a com
: ; , . " . ..... . 7nrr,.
atlon which they create, and the motive
for competition haa thua been destroyed by 1
the- consequent unity of Interests, tha anti
trust law la violated.
"The fact that each of tha competing lines
la nominally operated by a eeparate board
of directors la held Immaterial, and tha
court, disregarding form and looking to
aubstance, holds that the real policy of a
railroad 'la controlled by thooe who own
the majority of the stock,' and that aucn in
dividual holdera 'In a real sense determine
all Important corporate acta.'.
Block Ownership Give Law Chance.
"The declalon ia also of first Importance
in holding that the mere owneranip oi
atock in an Interstate railroad brlnga the
- auMi jiirut relation with inter
state commerce aa to subject hfm to the
denary powera of tho tedoral government
with reapect thereto. Perhapa thla holding
glvea the decision ita greatest Importance.
the mere) acquisition of auch shares had
lther no direct relation to lnteratata com- I
merce, or that, in any event, auch rela-
tlon waa Indirect, collateral and remote,
They sought to establish an unsound dls-
tlnctlon between ownership of a road and
its operation. Thla view the court nega-
tivea and holds that the purchase of
shares la . an interstate railway subjects
the purchaser to tha constitutional power
of the federal government. The Importance
Let thla holding, coming as It does, upon
n heels 01 tno lottery cases, csnuui i
be overestimated. It greatly wldena the
acoDe of federal activity. The conetltution
remains unchanged, but the aphere of
human action, to which it la applied, la, by
means of wholly exterior forces, greatly
widened.
"When the conetltution waa framed tha
only media of lnteratate communication
were the coastwise sailing veaaela and the
occasional atage coach which crossed atate
lines, but steam and electricity have In-
dlssolubly bound the atatea together by
Unea of ateel, aggregating in the matter
of railroads alone 200,000 miles In length,
and thla baa produced a centripetal action
which haa inevitably Increased the sphere
and acopa of federal activity.
Conditions Heed Haw Rosaody.
"In thla aspect the lottery caaea and the
Case jusi ueciaea easily mari a new sun
most important epoch in the life of the
nation. The lottery casea, which aua
talned the power of congress to prohibit
Interstate traffic when prejudicial to' the
public welfare, and the Northern Securities
case, which subjects not only the in:
mediate operation of every lnteratata road
but ita very ownership through atock
shares, to federal power, are aimply la
evltable reaulta of thla centripetal force
The decision makes It doubly necessary to
determine as a matter of public pclicy the
exact and proper relation between the rail
ways, upon which our prosperity so vitally
depends, and the atate.
"In this connection the conservative sug
gestion cf Attorney General Kaox In bta
notable addreaa at Pittsburg, that the anti
trust law ahould be ao rrodlfled aa ta forbid
only unreasonable restraints of trade,
ahould be borne In mlad. The supreme
court, In the Joint traffic declalon, by a
bare majority of one. ao construed the
anti-trust law as to bring reaa:nable aa
welt aa unreasonable restraints of trade
within ita prohibition, and thua added lin-
Tnenaely to the difficulty ot an already dlt-
I loult problem.
"The attorney general's view of the ex
isting law haa been fully suatalned and hla
courageous aetlca fully vindicated, and the
responsibility must now rest with Ameri
can peoplt to determine, aa a legislative
and not aa a judicial question, ho far
and under what conditions the public In
terest may, It at all, Just.ry such railway
consolidations aa are In restrain ot com
petition." f) Appeal Kollco Is Filed.
ST. PACL, April 10. The Northern Se
euritiea company's appeal to the supreme
court will be Bled with the clerk of the
'CaoUaued oa Second Page.)
B0XER S FRI L,ES DEAD
General Who Defended Forelaaera by
Opposing; Allies In China
rM Anr.
TEKIN, April 10. Yung Lu. (he comp
troller of finance and first grand secretary,
la dead. He had been Buffering for dome
I time past from dropsy and was known to
critically in. A month .go he asked
permission to retire rrom omce, out tun
dowager empress urged him to take a rest
Instead, aa the emperor needed hie services.
Tung Lu was a Manrbu, and when tha
Boxer rebellion broke out he was viceroy
of lh" province of Pe Chi u and gcneralis-
0 at... ........ T J aW.H I A a.
, , ,, , fc,. v,. ...
nee being even greater than that of LI
,Iung CoanS- Since the death of the latter
I una lu naa more man once been repre
sented aa dictating the policy of the dow
ager empress and emperor.
The rapid rise of Yung Lu from a amall
military command to be viceroy of Fe Chi
LI and later one of the highest counsellors
of the dowager empress la said to have
been unprecedented. He obtained hla post
of generalissimo aa a reward for crushing
the reform party In China.
Yung Lu waa said to be the real author
of the anti-foreign outbreak In Pekin and
Tientsin and he commanded the beat dls
clpllned troops which opposed the allies.
This latter fact waa recalled by foreigners
when, In 1901, he was awarded the two
eyed peacock feather "for protecting for
etgnera against the Boxers."
0F STRANGE CORPSE
Queer Case of Superstition la Re
ported from a Vlllaato la
Hungary.
VIENNA, April 10. An extraordinary
case of superstition haa occurred In Hun
gary. A peasant living at Nosztany died
while attending a musical In a neighboring
town.
Hla relatives started homeward with the
body, but were forcibly prevented from
traversing the village of lharis,. the in
habitants asserting that the passage of a
strange corpse through the place would
lead to misfortune.
Reinforced by gendarmes the relatives
made second attempt to pasa through tho
village, but were confronted by the entire
population, armed with pitchforks and sim
ilar weapons. The gendarmea were driven
back by the villagers, and thereupon Bred
a volley at the crowd of men, women and
MM,. ,,., ,w. mnA .,h.
'.
many others.
COMBES THREATENS BISHOPS
Orders Prelates to Observe Law
Against (Congregations Under
. Pata of Loaloat enureses.
PARIS, April 10. Premier Combes la ae
.w -.,iJ: k.
... ' w.h.
ops
One notified them that they must abso
lutely forbid the members of congregations
from preaching In the churches of their dl
oceae and warning them that neglect to do
ao will result In the closing of those
churches In which the law la Infringed.
The other circular dlrecta the Immediate
cessation of religious services In all estab
Ushmenta to which tha authorization haa
not been granted,
PLOT DEATH TO SERVIAN KING
Disaatlaued "objects Flaa to Slay
Monarch Who Replies with
Conn d'Etat.
VIENNA, April 10. The rumere of a plot
via received apparent confirmation In prl
rate dispatches received at Buda Peat, ac
cording to which an attack on the klng'a
life waa planned for 8unday. The plot waa
discovered and fifty persona auspected of
complicity were arrested.
I Semi-official reports from Belgrade de
clare that these rumors are false, but It I
thought here that King Alexander's recent
I coup d'etat waa hastened by the discovery
of the alleged plot.
HOLD KEY TO VENEZUELA
Rebels Defeat Castro and Captnre
Strong: Strategical Foil.
tlon
WILLEMSTAD. Curacao. Monday, April
6. (Delayed In Transmission.) The Vene
suelan revolutionists have defeated the
I government in the neighborhood of Caracaa
I and captured two cannon and a large quan
Uty of ammunition. They have also taken
Barqulslmeto, which la the key to the
I western part of Venezuela. Heavy fighting.
I undecisive aa yet, haa taken place at Coro,
Direct cable communication between thla
I city and the United Btatea la delayed on
account of the revolution In Santo Domingo,
MASniRWI PYPl ilWS FAI1 IIRP
lays He Refused to Giro Private Cos
certs While In the Vnlted
States.
PARIS, April 10. The Temps todsy pub
lishes an interview with Signor Maacasnt,
who arrived here yeaterday from New York.
Maacagnl aays he was offered large sums
for private concerts at rluhs and residences
In America, but refused the offer aa un
worthy of an artist. He attributes much
of hla misfortune to refusing to take up
these private concerts. '
L0UBET MAY CROSS CHANNEL
Proposes to Retnrn Edward's Visit
sad Establish New
Precedent.
LONDON, April 10. The probability of
President Lou bet returning King Edward'a
visit la warmly welcomed In England.
It will be the first visit of a French
ruler to England sines Napoleon III visited
Queen Victoria In 1855 during the Crimean
war.
Mlata'a Sob Succeeds Fisher.
LONDON, April 10 The Hon. Arthur
Ralph Douglas, a liberal unionist member
ef Parliament for Durham and aecond s:n
of the F.arl of Mlnto. will aurcerd William
Hayes Fisher as financial secretary ot the
treasury.
t'rarlaa la Perfect Health.
ST. PETERSBURG. April 10. The report
circulated in Paris that the czarina la suf
fering from peritonitis la untrue. She la In
parlact health and leavea here tor Moscow
wlUt the czar.
SIMS FLY IN VOTE TALK
Wounded in Chicage Melsa,
RIOTERS FLEE P. OM AVc'NGING OFFICERS
Take Refuse In lpper Room, Wkrire
Ballets Speed at Attacking De
tectives Headed tr Ia
Jared Leader.
CHICAGO, April 10. Lieutenant Maurice
Moore of the Twenty-second street police
tatlon and four Italians were wounded
by revolver shots In a riot at an early hour
today.
Injured:
Lieutenant Maurice Moore, shot In the
right arm.
Frank Vtnch, 25 yeara old, ahot In leg.
five knife wounds In back and bead crushed;
Uken tc St. Luke'a hospital, may die.
Salvan Barber, 26 yeara old, shot In left
teg; taken to the county hospital, serious.
Frank Bronzbazel, 31 yeara of age, shot
in right leg; taken to county hospital,
aerlous.
Frank Boone, arm fractured by bullet;
taken to St. Luke's, serious.
The trouble started In a saloon. A post
election argument waa started and aeveral
blows were struck. The crowd, composed
chiefly of Italians, then surged out to the
sidewalk, where pistols and knives were
drawn.
When the police and detectlvea arrived
Vlnch was found lying unconscloua on the
street. The others had either scattered or
gone to the floor above the aaloon. Lieu
tenant Moore took half of his men up the
stairway and rapping on tho door ordered
those Inside to open it. He waa greeted by
volley, one bullet of which grazed hla
head, another entered his right arm. De
spite this he drew his revolver with his
left arm and with the officers battered
down the door.
As the police entered the lamp which
had lighted the place waa put out, leaving
the room In darkness. Another waa pro
duced and more than a dozen were ar
rested. DEFECTIVE FUSE IS CAUSE
Rnrns Faster Than Expected and Re-
salts la Explosion on
Iowa.
PENSACOLA, Fla., April 10. An Investi
gation of the explosion on the battleship
Iowa, which occurred In the gulf near thla
port yesterday afternoon, resulting In the
death of three seamen and the serious In
Jury of Ave others, shows that the accident
was caused entirely by a defective ahell
fuse, which It Is atated burned faater than
waa calculated. It la understood that the
shell exploded fully alxty seconds before It
waa timed to go off.
An examination of the ahtp today shows
that the burated gun la beyond repair, and
that the 12-Inch forward turret will, have
to be repaired. A nnmher of supporter are
also ecrung, and It la atated that portlona
of the deck will have to be replaced where
pieces Of the heavy gun tore through. -
The funeral of the three men who were
killed In the accident took place today. The
dead were burled In the national cemetery
here with military honors, companlea of
bluejacketa from all the ehlpa of the squad
ron participating In the exercises.
It Is understood that all the Injured men
are almost entirely out of danger, except
first-class seaman Paul Oought. who lost
an eye and la in a critical condition. Iowa
steamed Into the navy yard thla morning.
WASHINGTON, April 10. Acting Secre
tary Darling today aent the following dis
patch of sympathy to Rear Admiral Hlg
glnaon, commanding the North Atlantic
fleet at Penaacola:
Please convey to officers and men of the
fleet sincere sympathy of department In
the lose of their comrades by the unfor
tunate accident on board Iowa.
(Signed) DARLINGTON.
Although It haa been intended that Iowa
ehould be repaired at tho New York navy
yard without going out of commission, the
damage done by the explosion probably will
make it necessary to put the vessel out of
commission. '
Because of the succession of accidents
which have occurred recently in the navy
a board of officers la to be appointed to re
vise the drill regulations In order 1 that
every precaution may be taken la the
future.
IN CONTEMPT OF THE COURT
Judge Hanecy Fines Board of Elec
tloa Commissioners of
Chicago.
CHICAGO. April 10. The members of the
Board of Election Commissioners and Chief
Clerk Rowell were today adjudged by Judge
Hanccy guilty of contempt of court In open
ing and counting the ballots cast for Lorl
mer and Durborrow In the Sixth congrea
alonal district, in violation of tha Injunc
tion Issued to restrain such- action, and
were fined 1100 each.
They refused to pay, and an order was
entered for their commitment to the county
jail. They will remain technically In the
custody of the sheriff until next week,
when habeas corpus proceedings will be
begun in the supreme court.
N0RTHWESTERNTALKS BEST
Captures Champloashlp by Defcntlns;
Chlcatto University la
Debate.
CHICAGO, April 10. Northwestern tint
versify won the championship In the Cen
tral debating league tonight, defeating the
University of Chicago, 2 to 1.
The league la composed of the Vntver
altlea of Mlnneaota, Michigan, Chicago and
Northwestern. Prior to tonlght'a debate
Northwestern had defeated Mlnneaota and
Michigan had lost to Chicago.
The question under debate was: "Re
solved, that Vnlted States senators should
be elected by direct vote of the people."
Northwestern took the negative and Chi
cago the affirmative.
MISSING HEIR STARTS HOME
Boy Fouad la Paris Asylum Now
a Hla Way Back to
ladlaaa.
LAFAYETTE, Ind., Ap.ll 10. A cable
received tonight from Parla aaya Moses
Fowler Chase has started for home' In
custody of Samuel P. Balrd, an attorney
of thla city. He haa apent the laat four
years in a sanitarium near Paris.
Consul Oeneral Gowdy has been appointed
hla guardian in France and hla father here
baa been appointed guardian of the estate,
which amounts to 6,-O,00u. Action la pend
ing here to have hla father, Fred 8. Chase
also appointed guardian of hla person.
GHOULS REFUSE TO TESTIFY
Withdraw Offers to Incriminate Dr.
Alexander la Orats Rah
hla. INDIANAPOLIS. Ind., April 10. Prose
cutor Ruckelahaus announced today that
the second trial of Dr. J. C. Alexander,
charged with grave robbing, has been In
definitely postponed. The trial waa set for
Monday, but the negro ghouls In Jail
awaiting trial have suddenly announced
In concert that they wilt not tes lfy against
him. The state will now proceed with the
trials of the negroes.
Mr. Rtickelshaus this
'.oon, after re
ngroea, aatd:
cetvlng the ultimatum
Dr. Alexander's tr' .ndeflnltely post
petied. We have nit i ?sea against him.
If, after tliese men led and convicted,
which they will t
testify, they may
will be tried.
INDIANAFOI
effort to hole
j they then want to
, and Dr. Alexander
.nd.. April 10. The
nsanlty commission on
e negro who la charged
,ng, broke up In a row
of bribery were openly
Rufus Cuntr
with grave
today. Chili
made by one of the attorneys representing
Cantrell.
It was also charged that an effort was
being made to "railroad" Cantrell to the
Insane asylum so that he could not appear
as a witness against Dr. Alexander, whose
trial la set for next week.
When Squire Emerlch declared the court
open and that the examination of wit
nesses would begin. Prosecutor Ruckleshaus
protested against the proceedlnga. He
anld:
I have a right to see that no man le rail
roaded to the insane asylum Instead of get
ting his Just dues for crimes committed
against the state. I stand here on my
rights and demand that this commlsnlon
continue the Inquest until after the trial of
Dr. Alexander.
After listening to arguments of attorneys
who claimed to represent Cantrell the
commission granted a continuance to May 4.
S0L0NS RUSH NEW LIBEL LAW
Pennsylvania Lealslatare Saves Time,
Getting; Opposed Rill Thraagh
In Fonr Days.
HARRISBVRG, Pa., April 10. The libel
bill came to Governor Pennypacker late
thla afternoon for his approval. The bill
passed the house finally by 125 to S7, after
a somewhat bitter fight. Three democrata
voted with the majority and twenty-tbree
republicans with the minority.
The bill was introduced In the house on
Monday by a republican member from Phil
adelphia and an identical measure was pre
sented by a republican aenator from Pblla
delphla in the senate on -Tuesday. Both
bills were moved up rapidly, the aenate bill
passing yesterday. It waa quickly taken to
the bouse and when the houae bill came up
for final passage today the aenate bill waa
substituted for It by 122 to 66. As the leg
Islature will adjourn finally on Thursday,
the advocates did not care to risk one Mil
going through both housea. .
Senator Penrose and other republican
leaders have, been on the ground aeveral
flays dlrectlng1-flhC In fa.vvf the bllL
The opponents of' the measure allege" that
the republican state organizations issued
"orders" that the bill be rushed through
before they went home for the week and
they were thua deprived of an opportunity
to consult their constituents.
The Pennsylvania newipapera are taking
a leading part In opposing the bill. A
strong protest waa received by all members
of the house against Ita paasage and today
the publishers aaked the governor for a
hearing on the ground that their rlghta and
property are Involved. The governor
granted the request and will fix a time for
a hearing. He has thirty days in which to
approve or disapprove the bill.
ASYLUM BUILDINGS WRECKED
Damasred by Wind Storm Which
Sweeps -Over Southeastern
Kansas.
PARSONS. Kan.. April 10. The wind
storm here last night caused more damage
than at first reported. Nearly all the tem
porary buildings at the state asylum were
destroyed and the walls of the power houae,
which waa ready for the roof, demolished.
The residence of F. C. Folk waa blown from
ita foundation, but no one waa hurt.
INDEPENDENCE. Kan.. April 10. One of
the moat severe rain and wind atorma In
yeara prevailed In this part of the state
last night. The brunt of the alorm waa felt
Just east of here, where it amounted to a
cloudburat.
In ten minutes drawa and gullies were
swollen, trees were uprooted and amall
buildings moved from their foundations and
unroofed. Heavy damage Is reported be.
tween Labette and Montgomery counties,
but wires are down. v.
FORMER OMAHA MAN MISSING
Joha W. Church and Wife
Have
Not Been Seen Blaca
March IB.
MOORCROFT, Wyo., April 10. Excite
ment is running high over the mysterious
disappearance of John W. Church and wife,
formerly inthe Union Pacific general of
fice at Omaha, but who now have a ranch
fifty miles south ot Gillette.
They were laqt seen on the morning ot
March 15 by W. C. Cliftoa at the ranch.
Church'a mother, from Council Bluffs, haa
been here to meet him alnce April 1, and la
nearly distracted.
Large parties have gone in aearch of the
missing couple. Pending investigation
Clifton la being held.
COLORADO SUSPECT IS HELD
Carpenter Wanted for Attempted
Murder aad Burglary Caasrht
la ladlana.
BRAZIL, Ind.. April 10. Jamea H. Hel
ton, a carpenter, waa arrested tonight on
advicea from Fort Collins, Colo., for at
tempted murder and burglary.
Helton denies the charge and says he
waa not In Fort Collins st the time al
leged. Helton haa Just returned home from
the west.
WOLVES DEVOUR SICK MAN
Overcome Aajed Printer Lylaaj III mm
Montana Prairie aad Partly
Eat Him I p.
GREAT FALL8. Mont., April 10. Th
body of Ben Swivert, an old-time printer,
partly devoured by wolvea, waa found to
day near his ranch, thirty milea from Beu
ton. It ia aupposed he was taken aick when
near his ranch and waa attacked by the
wolves.
DENIFS DISCORD IN 10U
OeDgrenman Hull Baji There it Ho iHsa-
greament Regarding Booisvelt.
BRANDS SOME OF THE STORIES AS SILLY
Representative llepkarn In Capital oa
Official Baelaees and Is Not Ia
cllaed to Tulk Iowa
1
Politics.
(From a Staff Correspondent)
WASHINGTON, April 10. (Bpeclal Tele
gram.) Representative Hull of Dee Moines
Is sgaln In Washington, having come here
to take his family home for the vacation
season. He expects to remain In Washing
ton about a week. In apeaklng of the dis
cord alleged to exist among those having
charge of the arrangements for the recep
tion ot President Roosevelt at Des Moines,
Captain Hull said:
"You may aay most emphatically that we
are entirely harmonious In all our' plana
for the entertainment of the president. Not
the slightest friction exists anywhere. We
are making elaborate preparations and the
enthusiastic welcome that awaits Mr.
Roosevelt will surely cause him to long re
member the visit. I wish also to deny the
allly story that any ill-feeling exists be.
tween Governor Cummlne and myself aa to
who shall have the honor of riding in the
carriage with the president. Governor
Cummins will ride with htm aa a matter of
course. In fact, I suggested to our commit,
tee that It should Invite Governor Cummins
to ride with the president. It Is, his right
ful place aa our governor and all agreed
with me In that matter and tales to the
contrary are false."
Representative "Pete" Hepburn Is also
In Washington, having come on to meet hla
colleagues, Messrs. "Joe" Cannon and Rep
resentative Richardson of Tennessee, who
form the committee having charge of plana
for the erection of the new office building
to be constructed on Capitol Hill for the
use 'of the house of representatives. Mr.
Hepburn decltnea to discuss Iowa politics.
but la confident of the renomlnatlon and
re-election of Governor Cummins, and that,
too, upon a platform thoroughly In accord
with the vlewa of President Roosevelt on
the tariff.
Routine of Departments.
These rural letter carrlera were ap
pointed today: Nebraska, Pender, regular,
Harvey E. Frey. Wahoo, regular, Oeorge
M. Hanson; substitute, John LInee. Iowa,
Maquoketa, regular, Charles F. Gibson;
substitute, .George Borrlck. St. Oharlee.
regular, Elaworth Powell; substitute, A. B.
Powell.
B. L. Haynea and J. E. Miller have been
dealgnated members of the civil service
board for the Centervllle, la., ,poatofflce.
The postofflce at Altona, Wayne county,
Neb., haa been ordered discontinued. .
The corporate existence of the First Na
tional bank ot Fullerton, Neb., haa been
extended until the close ot business April
10. 1923. - ,. .
HIRED TO MURDER GOEBEL
Howard Is Placed oa Trial for Shoot.
Inst Governor of Ken
tacky. FRANKFORT. Ky., ' April 10. The selec
tion of the Jury In the case of Jamea How
ard, charged with killing Governor Wil
liam Goebel, waa completed thla afternoon
and the opening statements were placed
before the court.
Judge Benjamin Williams, for the com
monwealth, said the prosecution would
show that Governor W. 8. Taylor had the
defendant brought hero In January. 1900,
for the purpoae of killing Ooebel and that
on Howard's arrival on the morning ot
January 30 he reported to Youtaey, who
took him Into the private office of the
aecretary of atate and pointed Goebol out
to him aa ho came up to the capltol. How
ard's reward waa to be a pardon for a
murder previously committed.
Attorney J. A. Scott, for the defense, said
the defendant would be able to show that
Youtsey and not he killed Goebel. The
introduction ot evidence will begin tomor
row. MORMONS FREE TO INVEST
Church Allows Cash to Be Placed In
Co-operatlvo Mercantile
Eaterprlaea.
KANSAS CITY. Mo.. April 10. The Re
organized Church of Jeeus Christ of Latter
Day Saints, In conference at Independence,
spent most of today discussing a resolution
prohibiting the membera from investing
money in co-operative businesses.
A mercantile and manufacturing company
haa been Incorporated in Independence and
different men high In the church, among
them Bishop F. L. Kelley, are Interested
in It. The company haa Juat completed a
large brick factory and the bishop haa In
vested some of the church'a money in it.
The resolution waa discussed at length,
moat ot the delegates speaking In Its favor.
Bishop Kelley moved that all things per
taining to the resolution be expunged from
the record. Thla motion waa carried, so the
matter atanda as it did before the resolu
tion was Introduced and the bishop may
invest the church money where he thinks
best.
TRAIN SLAYS FUGITIVE FEL0M
Brlaajs Slow Justice for Murder Com.
mltted Nearly Faar Years
AKo.
1
CARBONDALE, 111., April 10. William
H. Turley, who shot and killed Frank
Murray on May 30, 1899 In Johns in county
and eacaped. Is dead. He was killed by a
train at Martel, O.. today.
He had been going under the name of
William Henry and waa a" employe of the
Bibb Hoop company of 7aiue, O. M. J.
Gottschalk, administrator, haa $2,000 life
Insurance money which will be paid over
to Turley's parenta.
TRUST BUYS TOBACCO FIRM
British aad Amcrlcaa Combiae Paya
Larue Sum for Virginia
Compaay.
RICHMOND, 7a.-, April 10. A practical
official statement waa made today that the
C. Williams Tobaccg company of this city
Is to be sold to the British American To
bacco company.
The British American Tobacco company
ia a combine ot the Continenptal Tobacco
company, the American Tobacco company
and the Imperial Tobacca company of
Enaland. The purchaae price ia said to be
$4,000,000.
THE BEE BULLETIN.
Forecast for Nebraska Rain and
Colder Saturday; Sunday Fair.
Much
rage.
1 Trast Law's Scape Too Wide.
Riot Grows Oat of F.lectloa.
Hall Denies Discard In Iowa.
Moores Wlna In Primaries.
9 Dominican Rebels Win Victory.
Blind Chaplain of Senate Dies.
4 Live Stock Losses Are Llatht.
Nebraska Beats Kansas la Debate.
5 Arbitration of Cotton Strike.
Wheat Conditions Continue Good.
Nnval Disaster Barely Averted.
6 Connrll Bluffs and Iowa News.
T Naval Disaster Barely Averted..
Many Moroa Killed In Battle.
8 Law Catchea Tax Shirker.
9 Yankee Skill Is Unmatched.
Light oa a Border Mystery.
10 Peanell Inquest In Progress.
Six Villages Are Wiped Oat.
11 Effort Made to Barn Cnp Defender.
Affairs at South Omaha.
ia Editorial.
1,1 The Rest of the Story.
14 Commercial aad Financial.
16 Hova for Uniform Text Books.
Temperature at Omaha Yesterdays
Hour. Dear. Hour. Deer.
5 a. an BT 1 p. an...... T4
O a. m...... K7 9 p. m T8
T a. Hi 5H 8 p. an 80
8 a. m AO 4 p. xn.....t 82
9 a n eo Bp. m...... 80
10 a. m OA A p. m Ta
11 a. zn AT T p. na ...... T3
la an. TO 8 p. ra...... H
O p. aa 00
HUNDREDS BLOWN TO BITS
Canton Powder Factory Explodea,
Harllnu- Flfteea Hoadred Per
sons Into Eternity.
HONG KONG, April 10. Ao explosion as
occurred at the Canton arsenal powder
factory.
Fifteen hundred persons are reported to
have been killed.
SPEAKS ,F0R MORTON FUND
Dr. George L. Miller Addresses the
Principals of the Public
Schools.
Dr. George L. Miller addressed tho prin
cipals of the city schools Friday after
noon at their meeting at the city hall, on
behalf of the Morton memorial fund com
mittee and aaked their co-operation in in
teresting the children of the public schools
In their effort to establish a permanent
memorial to J. Sterling Morton, whom he
spoke of aa "the father of Arbor day and
the creator of much that la beautiful fn
Nebraska.'" He said that It waa especially
fitting that these mites ahould come aa a
tribute from the children of the sons and
daughtera of ttje atate for which Mr. Morton
Has none so mucn, ana aasea me leuoaers
to lead the- movement to stimulate' Interest
among them. 1
TOWNS AND HARBORS SOLD
Capitalist ' Syndicate Purchase) Two
Cities and Projected Calnmet
Canal Property.
CHICAGO. April 10. One of the largest
deals In real estate ever made by Chicago
and New York capitalists has just been
closed and the final papers drawn.
The East Chicago company, with a cap
ital of $2,500,000, haa purchased the prop
erty of the Lake Michigan Land company,
the Standard Steel and Iron company and
the Calumet Canal and Improvement com
pany, corporations whose combined .capital
was nearly $4,000,000.
The purchase glvea the company control
of more than 5,500 acres In Indiana, seven
teen miles southeast of Chicago and ex
tends from Lake Michigan to the Grand
Calumet river and comprises the cities of
East Chicago and Indiana Harbor, a de?p
ship harbor at the latter place, and the
projected Calumet Canal connecting the
harbor with the Calumet river.
NO NEWS FROM ROOSEVELT
Prealdent Immures Himself In Dis
tant Camp Around Which
Snow Falls.
CINNABAR. Mont., AprM 10. Secretary
Loeb received no word from President
Roosevelt today, who is in the mountains
at a camp forty miles from his headquar- j
ters. When he started yesterday It was his
Intention to remain there for a number of
days, and possibly a week.
Snow fell today around his outfit, but ap
parently the fall waa not heavy. John Bur
roughs, the naturalist, did not accompany
the president yesterday, as he was suffering
from a alight cold. This haa about disap
peared now and It la Mr. Burrougb'a inten
tion to Join the party tomorrow.
KANSAS MURDJERER CONVICTED
Must Pay Death Penalty for Siayina;
Sleeping; Cousin at
Ottr.wn.
April 10,-Otto Inmin.
OTTAWA, Kan
charged with killing ISIzi O. Jackson, h's
second cousin, was couvlcted of murder In
the first degree tonight. Jif-kcon wss shot
while he lay in b'jJ asleep beslie his wlf.
Inman and Jackscn were apparently clcso
friends, and the prosecution worked on the
theory that Inman Is a moral degenerate
and that he attempted to murder Mrs.
Jackson as well aa her husband, that he
might steal $20 which he supposed was iu
the house. Inman Is 22 years of age.
Movements of Ocean Vessels April 111.
At New York Arrived Cevlc. from Liver
pool; Bulgaria, tram Hamburg; Anchora
from Glamow; Sirica, trim Altile.a, elo.
awA U.,llu'- fr.r .i lira i t H r.
At Llveiuool Arrived t'nrinth on, f r m
St. John, N. B., and Hullfax. vlu Mnvllle
Bailed C'tdrlc. for New York, vl Cjiiecns
town. , ,
At Queenatown Arrived Ciimpiuila. .Von
New York; tatada. frm Bopum and Hall
lax. N. 8, t"r Liverpool, ainl ijioomiIoi.
Bailed MayfK wer, frm Liverpool, for Hus
ton. At Oenoa Arrived Koenlg Albert, from
New York, Via Nup'r. Hulled Auuate
VlctoiU, for New York. :etu:nirg run
crulce.
At Dover Passed Kent tngton, from New
York, for Antwerp.
At Browhed I'Hssed t'anada. from Boa
ton. vii Halifax, for Liverpool.
At Hal. fax. N. H A 1 rive.. Sl Ilia", frir.i
GliSfcOW and Liverpool, f r l'lill.ideli.h a.
At th Llai d I'MHK-d Noorlnni. t'O"
New inrk. lor liottt rd- ni ; Kin he- le.
frr.m Newport New, for Ho urdnm; Mei o
miiiee. from New York, for Lour! 111.
At Naple Sailed Weim ir, from fltnoa.
for New York; I'ambronian, from den a
fur Boston.
At Movllla Balled-Astoria, from (In
tow. for New York: I'retorian. Irom Llver-
J pool, lor UaUfa and 61. JolilL,
MOORES WINS OUT
Carries Fire Wardi of tha City Aga'nit
Tremendous. Odds,
CORPORATIONS AND POLICE CLUB FAIL
Primaries Ara Moit Hotly Oontei'ei Bine
New Law Passed.
BIG VOTE IS BROUGHT OUT EVERYWHERE
Desperate Antii Resort to All Berts 0
Fraud and Triotery.
BINGHAM BEATEN IN HOME BAILIWICK
Broatch Plays aa Cnsuceessfal Game
of Bias? aad Bluster la the
Third Table of tho
Vote.
Republican City Primaries.
K
9
C o oS on
k $ si 3""
8 : S :
: 8 i i
2X IW 521
8?3 ? 8M
8M 19i t-
i2 9.1
18 8S8 870 , 7H
29 509 13 1,119
15 160 71S
403 S9t UI
It M
70 tfiOt xItJ 6,72 i
i
WARD.
First ......
Pecond ...
10
It
12
20
Third .....
Fourth ..
Fifth
Plxth
Seventh
Klghth
Ninth .
e a
17
Totals 73
At the most hotly oontested primary
election In the history ot the city Mnyor
Frank E. Moorea won out yesterday for a
renomlnatlon for mayor on the republican
ticket. While hla margin In the conven
tion will be narrow, hla victory ia none
the less signal when the obstacles over
come are taken Into consideration. (Ar
rayed against him were the combined forcea
of all the railroads and the franchleed cor
porations. The entire machinery ot the
primary election, including the Judges and .
clerks In every voting booth, waa In the
handa of his opponents. Added to all thla
waa the lavish use of money, furnished by
the corporations, and the' moat unscrupu
lous wielding ot the voiles club under tha
personal direction ot William J. Broatch.
With all these odda against him Moores
carried the First, Second, Third, Fourth
and Eighth wards, with seventy-three out
ot 143 dolegatea In the convention, and
would also be entitled to the Fifth ward
delegation, with thirteen votea more, It he
were given all the votea that belonged to
him.
Antla Become Desperate,
After it became known that the Moored
followlag had carried the day the oppo-'
sltlon, in its desperation, aought by every
tceana at ita command to ateal the election
by doctoring the returns in the Third ward,;
and manipulating the count in the Eighth.
Broatch, with a detachment ot police,
awooped down on the Third ward voting
place and undertook to prevent the count
ing of the ballots and the issue of a cer
tificate to the Moorea dclegatea, who had
won out by nearly two to one. The antla
bad cooked up a scheme to steal the ballot
box and substitute a set of doctored bal
lots for the real ones. The vigilance of
the Moores watchera and the prompt sum
moning of Mayor Moorea and City Attorney
Connell foiled the conspiracy. Sheriff
Power was called in and the count allowed
to proceed.
Attempt at Fraud In Elnrhth.
In the Eighth ward the antla were al
most as bold. The count of the ballota
gave a small but clear majority for all ot
the Moores delegates, but the demand for
a recount was eagerly compiled with by
the Judges, only to give the same result,
and a third count was then begun In the
hope of gouging enough votes from the
Moores column to split the delegation and
throw enough strength from one side to
the other to change the controlling ma
jority. ' The antis finally found it impossible
to change the rcBiilt of the first count.
The defeat of Bingham Id his own ward
leaves only two avowed opponenta ot
Mayor Moorea In the convention, Charles
L. Saunders rS tha Fifth and E. A. Benson
of the Ninth. The Buccessful Sixth and
Seventh, word delegations were supposed
to have bern divided Let ween Bingham and
Benr.on, and with Bingham eliminated
would prcbahly rally to P.ensnn. While the
Sixth ward Is labeled for Karr, it la known
that the delegalea were named In disregard
of Kai r'a preferences and would not stsy
by him.
Tr!k of T. A. Fry.
There was considerable talk among the
antis during Iho day of projecting Thomss
A. Fry ot the Sixth ward as a new candi
date and it la known that the delegatea
pledged to the other antl candidatea were
being sounded out lu behalf of Fry.
As to the remainder of tho ticket tha
personnel Is still indefinite. The result In
the Second ward brlnga Fred Brunlng to
the front for tax commissioner and In the
Eighth ward A. O. Walstrom for building,
Inspector. The other candidates aligned
with the Moores following happen to com
from the wards t a which the Moorea delega
tlons lost.
When the result became known about 11
o'clock last tight thero were crowds on
i lhe streets cheering for Mayor Moores.
wniltt IllQ ueirttUJU uuu icuun .iueieu
in secret caucus to devise means ot pulling
themselves out of the hole.
Tho vote wss the largest raat at any
primary flection in Omaha alnce the pri
mary law went Into effect.
The convention will meet In Washington
hall at 2 o'clock thla afternoon.
First Wnrd.
The total vote In the First ward waa 531,
of which Moorea delegates received l&t, de
feating the antl delegation by an even hun
dred. Failure on the part of the voters to
understand the confusing Instructions on
the sample ballota spread by the antl work
ers caused a loss of nearly twenty votea to
1 the antl delegation
Some Moorea auuport-
era a I ho blundered in marking their bal
lots, supposing their delegation to head
the list, but making sure by ma.'klng both
delegations, and thereby losing their votea.
The primaries were fairly orderly.
The couurilroanlc contest In the First
was a walkover for Peter M. Back, who won
ovir Hascall by a vote of two to one. David
Cole made Back a very close competitor,
r cclvlng llrt votes. Huscall was third with
74. Clyde Surblad next with 67. Charlea
I r.nr.le;' v.lib H rnd Walter Bc-ll 14.
Seconil Ward.
In ihe Second ward, Mtyor Moorea a:
cut by a majority of 93 votes, while Coun
cilman Iloye was fav(.re1 for renomlnatlon
as counrllman by 3X3 voters to 6n for C. F.
FteluUkcs and 61 f r Phillip Stein. Six
l.und.el and eighty-three ballota were
cast which is HO moro than evsr before at
