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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 1, 1903)
ESTABLISHED JUNE 10, 1871.
OMAHA, FRIDAT MORNING, MAY 1, 1003 TWELVE PAGES.
SINGLE COPV THREE CENTS.
POLICE BOARD CASE
Euprems Court Deoidei in Faror of the
AFFIRMS POWER OF THE LEGISLATURE
Again Layt Down Law of Sta'e-Gontrolled
Covercment for Cities.
Police and Fire Department Subject to
Governor's Bear J.
EXPLAINS DOCTRINE OF RES JUDICATA
Qneatlon of Law May Be Opened
o, the Rule Depending on the
Matter livolied la
(From a Staff Correspondent.)
LINCOLN, Neb., April 30. (Special Tele
gram.) Al an adjourned meeting of the
supreme court today, the opinion In the
On.aha police board case wti handed down.
It Is In favor of tho present board. Judge
Holcomb wrote the opinion. Tho syllabus:
1. 'I'tie legislature- may by statute confer
ui nil tne otrnor mo power to uppoint
n..inKt.i iji th iinaru i.t lire and pullce
'.iininJ:i)litii'r of cities or thu metropol.Um
i,i.t. ifdell vs. Mjorej l ai, fseb., s
.V . Hep.. .43.
.. A juuBmcnt rendered bv a court or
competent J.irif d.ctiou determln.ng the
r.n oi the uilaitnts on a caiife ot ctl ii
i uf .rnwe I an tttuctual bar against t'uiurj
i...a;iu.i over the same rlghi det. rim. e l
1.. wi:i i fi.ri.immt. and li lor all time, un
it inverted or inoillin-d. o.nding on ihe
pa- tits ui.d the;r pr.virn la estate or in law.
. rigni. question or im'i umimtu
ii in msiie anJ uirvctly determlntd uy a
four, of competent Junnlictir.ii a a groun.t
of recovery cannot o cl.hputej in u (iUje
qaenl Bait between the same parti -a or
thur iiriv.es, and thin ven thougn tie ec-
oi.d st.u la lor a dincrent cnuse or action.
4. The right, q.io.oion or" laet wh.ch, whffl
put in Issue aiui determined, to mow tne
auojut of the rule or ria Judicata, must b;
a uUH!,tion of tact a- olsiinulneu trom
an uostract proposition ot raw, and ihe de
nt ra nation must be with refsrencc to such
Hc.K.n or questions of tnct, or a mixed
umi.on of fHct rnd law, or a legal deduc
tion aim. tig from a ante of met common
l.i i.uih acilona; as, for example, a decision
i ..nxi ruiiiHT as a matter of law an agree
ment is titnoing between th parties and
tiulr ;.rlvlea where the mime Instrument
a nrge'd aa a ground ol recovery or uefense
l.i a aiibsequent Butt on a different cau'e of
Subject for Litigation.
6. Abstract questions of .aw cannot be
made the subject of litigation. Theie mu.t
be real rrtts and a rea judicata In uiapute
that will blow rea Judicata when the .Itl
katlon la determined, mate ex rel V'r:ght
vs. Havage, Neb., 1 N. VV. Rep., u67.
6. In an action by proceedings In quo war
ranto to try title to an office, the claim or
demand on which the Judgment of the
court 1h asked, the eubject matter of the
controversy, la the right to th office for
the term In controversy, and the action is
personal as to the parties claiming the
7. In such action there la no adjudication
cr determination of official rights, duties
and powers of the person adjudged to be
entitled to the office, hut solely an adjudi
cation oiJhU,iihl to bu.d ,tbe office for the
term In controversy, and perform Its tunc-,
8. Such an adjudication determining the
right of a claimant to an office for a speci
fied term does not determine the right of a
auceesHor to the office heading by appoint
ment from the name authority for a differ
ent term, nor Is the successor with respect
to the right to the office adjudicated in a
1 prior suit for a different term deemed In
privity with his predecessor, nor Is the
S-ibJect matter the same in the two suits.
8. Interveners peabody and O'Conners held
to have not vhIIiI claim to the office as
members of the Hoard of Fire and Police
Commissioners foi the terms which are in
controversy In the present action.
lft. Held, In the case at bar, that the re
spondents, appointees of the governor, are
trie lawfully constituted Board of Fire and
Police Commissioners of the city of Omaha.
Jadse Holcomb' Hrsioslsg,
Judge Holcomb, who wrote the opinion of
tbe court, says In the course of his reason
ing: Hut two fundamental questions are p re
ft tented f it consideration tn tne present ao
lion, one belna the alleged unconstttutlon
laity of the act referred to, and the other
Tfhe question of whether the rights of tho
parties herein are not to d coniroiiea ana
determined by the application of the djc
trinp of i iudlcata. It la Instated by rea
son of the matters litigated and the Juoij
nuiita rendered In two of the cases hereto
fore decided, namely, Smyth against Moore
and 6mth against Kennedy, mai me re
spondents cannot now be heard to assert
title and right to the ottle of which they
are the present Incumbents. Vhlli the act
I Wit nela unconstitutional in nmyin .iini
M'Wire. In the more recent cane or jteieu
Kitnsi Moores in iwoorej case wan uv.-.
filled and the act held to be within the con
stitutional powers of the legislature. The
Hedell-Moores case should bo accepted aa
tbe deliberate expression of the court on
this branch of the litigation, and we ad
here to the conclusions announced therein.
It IS Insisted, If we understand counsel
aright, that the Judgment Hi the Moore
c operates as u bar to Ihe asaertlon by
respondents of a right to the office they are
now holding, and that because of this ad
judication they are estopped from contend
ing to the c.intrary, and that this action Is
by or agalnxt the same parties that were
litigants In tha two cases mentioned. It I
said by relators that while It may be true
In the Moores case that as between ap
pointees of the mayor and the governor th-
thing In litigation was the office Itself ani
the title thereor. yet nevertheless the right
to th office Itself was not the only point of
Issue preaented or determined; that the
question was also determined as .o whe:her
' the mayor or governor had the right and
power to appoint members of the board;
also that the act relating to cities of the
metropolitan class, authorizing the appoint
ment by the governor, was -idludged to be
tinronstltul tonal: and further that the ordi
nance under 'which the appointment was
made by the mayor was valid. The allega-
tlon was that all these questions were put
In issue by tho pleadings and were deter
mined and nave become rea Judicata, bind
ing alike on all parties alike thereto.
Case on Settled On Terns.
The court hrtd In the Moore case that
the legislature had exceeded Its constitu
tional power In conferring uHn the gover
nor authority to appoint such officer ard
the Judgment-entered went In favor of the
apKlnlees of the mayor, the i espomlenia,
the appo'ntees of tbe governor being oustel
frorr office. The litigation was with re
spect to the title of the claimants to the
office as member of the board. The thing
actually decided was that thu mayor's ap
pointees were entitled to hold ortlie for the
term for which they were appointed. The
validity of the ordinance and the right of
the mayor to appoint were dependent upon
the alleged, unconstitutionality of Die act
flvlng the governor the power to appoint,
he main point Involved was the power of
the leglslxture to authorise 'he governor to
fill thu office by appointment. Tn the case
at bar the subject matter at litigation ai
not the validity of the ordinance or thi
rlKht of the mayor to appoint members of
th board. The judgment was demanded
on the right and title to the office tor the
term for which the parties were appointed,
and as a reason for the demand It was alb-tied
that the act authorising the governor
ti appoint was unconstitutional, and the
rltlu-n ot Omaha had the undeniable rlfcht
tj select their own officers.
Sew Teriua Kef Involved.
It Is roncednd by all parties In Interest
that the term of office of tarn member,
the title to which was under consideration
In both the Moores and Kennedy case.
have now expired, and that all save one had
expired at the time of Ihe commencement
'f the present action. Asaunriua: then that
the relators' claim of right to the oftp-e by
appointment of th niaor Is lor a different
trm from tlie one In com r lversy. and ad-
indicated In the two pi lor action... will
huaa Judgmenta operate a a bar agaiiikt
(.Continued oa Fifth Page.)
AMERICA SALUTES LOUBET
atil Sqaadron Jolaa la Wrlraalii
French Prealdent Home from
MARSEILLES, April 30. President
Ixiubet arrived here today from Biaer' 'n
board the warship Jeanne d Arc, e
by the French fleet.
Aa the president's ship approached
port, moving at a alow speed, It was sa
luted by tho land batteries and the Amer
ican warships, under the command of Rear
Admiral Cotton. As Jeanne d'Arc entered
the roadatead Admiral Cotton proceeded la
a steam launch alongside of the French
cruiser. Ho was met at the rail by the
captain of the vessel, who presented him
to M. Loubct. Admiral Cotton greeted the
president and expressed the affection of
President Roosevelt and the American peo
ple for tbn government and people of
The president cordially returned Admiral
Cotton's greeting and asked him to assure
President Roosevelt that France enter
tained the most cordial sentiments for the
The ship's band then played "The Star
Spangled Banner" and Jeanne d'Arc fired
an admiral's salute, the American ships
answering, the French sailors cheered
America and the Yankee tars replied with
cheers for France.
Later President Loubet landed and took
a train for Paris, where be will arrive
at 7 a. m.
OTTOMAN BANKJS BLOWN UP
Bulgarian Hurl Doinb While Other
Keep Saltan' Gaard In
SALON'ICA, European Turkey, April 30.
The Ottoman bank was destroyed by dyna
mite today. The postofflce and other build
ings were also attacked, resulting In a
panic during which, two men were killed
and two others Injured. A detachment of
2,000 additional troops has since arrived
The attack on the bank was carried out
by two bands. One attacked the guard on
duty and the other hurled the bombs. It Is
thought the strong room resisted the ex
plosions. Several of tbe men who took part
have been arrested. .
The destruction of th French steamer
Guadalquiver by an explosion while leaving
this port on Tuesday was evidently caused
by a bomb. A Bulgarian has been arrested
in connection with the outrage.
In an encounter Tvith Turkish troops yes
terday at Nevrokop, European Turkey,
eighteen Bulgarians were killed and four
teen made prisoners. There was aUo a ser
ious encounter near DJumabala, where a
band of over 100 Insurgents was annihi
lated. PLAY SPECTACULAR TRIUMPH
garden's Dante Overloaded and Ob
scure aa a, Uransa, Accord
ing? to Critic.
(Copyright, 108, by Press Publishing Co.
LONDON, April 30. (New York World
Cablegram Special Telegram.) Vlctorlen
Sardou's '.'Dante," produced tonight In
Drury Lane, with Sir Henry Irving in the
title role, proved a triumph of spectacular
art, but overloaded, unconvincing and ob
scure as a drama.
Irving realized Dante's personality with
striking fidelity, but the action of tbe play
was so confused and the cast - ao stu
pendous and the Individualization of the
characters so Imperfect that the perform
ance was deficient In human Interest. The
wonderful attractions from the scsnio
standpoint redeemed the play from failure.
The terrors of the "Inferno" were never
before portrayed so impressively.
TROOPS SUSPEND OPERATIONS
Reverses of British In Ftortb. Afrlcn
Canae a Change in
ADEN1, Arabia, April 30. In consequence
of the recent British reverses In Somill
land, it is reported here that the advance
of the British expedition has been sus
pended Indefinitely. Major General Eger
ton is mentioned as the successor of Brig
adier General Manning.
Information here indicates that a com
plete reorganization of the executive heads
of the expedition would be considered ad
vantageous. It Is feaied that the recent
victory will embolden the forces of the Mad
Mullah to attack Isolated posts.
The force at the disposal of General Man
ning Is insufficient for offensive purposes
and It Is expected that he will strengthen
his posts and remain In activity until after
the hot weather.
PARIS DRESSES UP FOR KINQ
Kraa-er Baatlaa; is Called fato t'se te
Welcome Great Britain's
PARIS, April 80. The city has taken on
an aspect of festivity in anticipation of
King Edward's arrival tomorrow. The
bculevrrds and avenues radiating on ths
Place D'Opera are beginning to assume a
brilliant appearance. The buildings ar
croased by a series of spleadid arches.
The decorations symbolized by the en
twining dags of Francs and Great Britain
indicate the resumption ot cordial relations
between the' two. Many of the balconies
bear floral legends reading: "God Save the
King" and "Welcome."
The newspapers comment on the fact
that the same show bunting which greeted
Mr. Kruger Is now used to greet King Ed
ward. EDWARD , G0ES TO PARIS
Kins; of England Ieaves Rome Amid
ROME, April 30. King Edward left Rome
today for Paris amid a tremendous fare
Tbe streets were crowded and the win
dows and balconies were filled with troops.
Detachments of troopa kept back the
people and permitted no rowdyism.
Three Haadred Killed la Riot.
VIENNA. April JO. Prlvats letters
received from Czernowlti say over 300 per
sons were killed during the recent antl
semittc riots at Kiscbeneff, capital of Bes
sarabia. Bllasard la Mlchlaraa.
M ARQl'ETTK, Mich.. April 30. A fierce
blizzard Is rsging In upper Michigan. The
temperature has fallen bi degrees In two
days. Vegatallon and fruit trees bavs suf
MOUNTAIN STILL FALLING
Boulders Continue to Crash Into Canadian
VALLEY RISES OVER TWO HUNDRED FEET
Residents Flee la Terror,
n Doctor to Coalaae Haat
' ad and Police to Stay
FRANK, N. W. T., April 30. It Is defi
nitely known that fifty-six people lost their
Uvea In Wednesday's rock slide from Turtle
mountain. Many of the bodies will never
be found, as some cabins are burled under
150 feet of rock and although organized
efforts were made last evening and today
otly nineteen have so far been recovered,
most of them being mangled almost beyond
Valley Rises Maadreds of Feet.
The whole east end of the moun
tain, extending from the tipple east
ward, has gone out. It was 4,400 feet high
and slid across the entire valley, blocking
the track to the French mine.
This track is about forty feet higher than
the Canadaln Pacific railway track and Its
distance is about three-quarters of a mile
from the mine entrance. The slide extends
from a point about 200 feet east or Frank
station to a point one and a half miles
west. The country In between being cov
ered with rock ranging In size from a peb
ble to high rocks the size of a railroad car.
The allide carried away the entire operat
ing plant of the French-Canadian Coal
company and seven houses, also owned by
the company, were smashed Into kindling
while ten others situated In the valley eaat
of town were also demolished and the peo
pie In them killed aa they slept.
The direct monetary damage will exceed
$1,600,000 upon which the mining company
will lose about 1200,000.
Pieces of rock, often weighing hundreds
of tons, are still falling from the strangely
altered top of Turtle mountain, conse
quently It Is extremely dangerous to ap
proach the mountain to make an Investi
gation Into the exact cause ot the catastro
Plctnresqae Spot Obliterated.
The scone of this awful catastrophe was
originally one of tbe most picturesque val
leys In Canada. Through the center ran
the Old Man river, which has Its source on
th& eastern slope of tbe Crow's Nest pass.
The total width was a little over a mile
and a sheer wall of ' rock rose 3,500 feet
above the level of the town.
Old Man river followed the side of Turtle
mountain, 'close up against the foot of
which Frank was built. The mountain wall
was so tall and precipitous that even in the
I longest day in midsummer the sun set in
Frank at s in tne afternoon ana after that
a twilight ensued.
Th slide cams down a vertical wall ot
rock and crossed the valley, a distance ot
over a mile, and plied up the foothills on
the opposite side of tbe valley to a height
far abova that ot tho highest building in
the town. Where once existed cozy homes
fertile farms and stock- ranches thers Is
now nothing but bugs chaotlo piles, of
deb;:s from tha mountain, which has all the
appearance of a volcanic eruption.
The land, which was once of great value
and was rapidly increasing In price on
iccount ot the known presence of natural
gas as well as coal deposits, is now burled
many feet deep with waste matter and la
practically valueless for agriculture or any
As there is no geological expert In the
town it is Impossible to ascertain exactly
the true character of the force exerted, but
judging from the evidences now brought la
by many who have been scouting around
the outskirts many are Inclined to believe
that It was a huge mountain slide caused
by an earthquake or a subterranean ex
plosion of gas.
Turtle mountain is composed largely of
limestone rock. A theory advanced by
many of the mining men of the town la that
the limestone cliff had bean undermined by
some subterranean branch of the Old Man
river which had been silently working for
Residents Flee tn Pnnlo.
But two houses were used last night and
they not by their owners, but by physicians
less timid, who decided to remaitvand take
chances. Many of ths peooie went to
Blalrmore, two miles to the west, to remain
until the danger is over.
All business was suspended yesterday, the
few persons who remained In town devoting
themselves to the work of searching for the
dead. Poor results, however, attended
their efforts, as only nineteen bodies have
In response to an appeal from the local
Board of Trade the Dominion government
has sent William R. Pearce to act in its
behalf. Mr. Pearce conferred with the cltl
' the obstruction from the river so as to
avoid the threatened flood.
Accompanying the government agent was
a force of mounted police to police the dis
trict, something that was becoming much
needed, as thieves bad commenced to op
erate. An Idea of the Immense difficulties caused
by the slide may be had from the estimates
that It will require 2.000 men-working sev
eral months before a permanent railroad
can be built to replace the two miles de
Some of the Victims.
PORTLAND, Ore., April 30. A special to
tbe Oregonian from Frank, N. W. T , give
the names ot fifty-five victims of yester
day's disaster at tbe Frauk wines aa fol
lows: ALEX LEITCH, a merchant, wife and
C. ACKROYD, a miner and bis wife.
A. CLARK, laborer, wife and five chil
dren. J. SIROTA, driver.
ANDREW GARESACK. trapper.
G. WILLIAMS, miner, wlfo and three
WILLIAM WARRINGTON, miner, wife
and six children.
JOHN VAN DL'ZEN, carpenter, wife and
F. SUM IS. .
A. DAWES, miner.
THOMAS LOCK, miner.
M. MADR1GAN. miner.
JAMES FRAHAM. laborer, and wife.
ROBERT WATT, laborer.
R. ROCHELLE. laborer.
THOMAS DELAPA, eugineer.
A. TASGIAN, welghman.
J. J. 6COTT. '
J. LEONARD, all employes of McVeigh, a
The fatally Injured are:
Mra. John Watkins.
Lestsr Johnson, sgsd 14.
PHILIP WATKINS GOES FREE
Man Wka Married Omaha Girl la
Arqnltted on rltnlaal
BILLINGS. Mont., April 30. (Special
Telegram.) rhlllp D. Watklna, who a few
months sgo wss wanted In several Paclno
coast cities on charges of obtaining money
under false pretenses. Is a free man la Bill
ings tonight. He was tried in (he district
court here today on a like charge, but ac
quitted. The alleged crime consisted of
Watkins presenting to and having cashed by
George F. Bennlnghoff, proprietor of th
Grand hotel of this city, a check In the aum
of $60, drawn on Amesbury Mass., In favor
of George W. Swain, signed John T. Swain.
The alleged crime was committed on August
21 last, when Watkins and his wife, while
returning east, stopped at the Grand hotel
for two days. On taking their departure
Watkins, who had registered as George W.
Swain and wife, presented th check above
mentioned in payment of his account. He
was given In return tbe sum of $47.50 In
money. A few hours after cashing the
check, Mr. Bennlnghoff had aa Intutlon that
the check was worthless and he tele
graphed the bank In Massachusetts about It,
A reply was soon received In confirmation
of hia doubts. He then set about to cause
the arrest of Watkins, locating the man at
Newcastle, Wyo., where he 'was arrested
and brought back to Billings.
Sheriff Hubbard states that relatives have
settled the other charges against hltn in
tbe Pacific coast cities snd that there 1
no probability of his arrest on any of those
complaints. Watkins will leave Billings
tomorrow for Omaha to Join his wife, who
was formerly Miss Shonfeld, daughter of
S. Shonfeld f f Omaha, whom he met last
summer while on her way to Salt Lake
City, and whom he married after knowing
her only a week.
EMPLOYERS TO FIGHT STRIKER?.
Kansas City Association Said to Have
a Membership of Over Six
KANSAS CITV, April $0. (Special Tele
gram.) The Employers', association, which
was organized loss than two months ago
for the purpose of resisting the demands
of union labor and to put an end to the
sympathetic strike, has grown to enormous
proportions and ' its t Influence Is already
manifest. At tbe close ot business tonight
the association had a membership of 6,350
employers. The Indications are that fully
4.000 craftsmen will be on strike before
May 15. The Employers' association will
absolutely refuse to recognize tbe unions,
declaring that they will close their plants
and suspend business until the strikers'
places are filled or the strikers themselves
return to work without receiving any eon
Among the unions that will strike be
fore May 16 are the following: ' Carpen
ters, protective laborers (unskilled work
men), iron workers, stone masons, bod
carriers, brass workvers, . hack drivers',
sewer workers, ' hoisting . engineers, iron
moulders, retail clerks, bridge and' struc
tural Iron workers. .T(i1jiHeT and pooka
are already on strike.
Already the Employers', association has
broken the backbone of three atrikes. Tbe
employers also allege they have recelvej
better police protection since they have
organized and are in a position to demand
protection for their workmen. '
WESTERN MATTERS AT CAPITA!
List of Rural Mall Carriers in West
ern states uivcn
(From a Stsft Correspondent.)
WASHINGTON, April 80. (Special Tele
gram.) These rural free delivery letter
carriers were appointed today: Nebraska
Steele City, regular, John H. Friday; sub
stitute, Harry 8. Friday. Iowa Council
Bluffs, regular, Carl Neython; substitute,
William Neython. Elkader, regular, Ulysses
S. Clark. Morning Sun, regular, Horace
P. Kerr; substitute, Albert D. Kerr. Ox
ford, regular, William S. McLain; substi
tute, Lily V. McLain. Relnbeck, regular,
Michael Shoemaker; , substitute. Frank
Shoemaker. Traer, regular, Ed V. Stone;
substitute, Edna M. Kennedy. South Da
kota Aberdeen, regular; William F. Glau;
substitute, Jesse M. Glau. Canton, regu
lar; H. O. Belg; substitute, Willie Soule.
C. O. Day of Grant, Neb., has been
awarded the contract for carrying ths mall
from Imperial to Grant, Neb.
The application ot J. M. Wilson, J. li.
Mack, Martin Rowe, Jed Harrison and L.
W. McLennan to organize the Macksburg
National bank of Macksburg, la., with a
capital of $25,000, has been approved by tbe
comptroller of the currency.
Postmasters appointed: Henry D. Tucker,
Bingham, Page county; A. R. Miner, Bus
sey. Marlon county, la.
Proposals for the construction of new
school buildings on the Tongue River In
dian reservation were opened today at tha
Indian office. The lowest bidder waa W. A.
Wagner of Helena, Moot., at $43,000.
BOODLE REPORT EXONERATES
Illinois House Committee t'nnble t
Find Any Attempt to Bribe
April 30. The houae
boodle committee reported this afternoon
that it was unable to find any real attempt
to bribe the speaker. The report was
adopted by a unanimous roll call vote ot
138 fifteen minutes after Its introduction.
The report also condemns George H. Hln
man, editor of tbe Chicago Inter Ocean, for
hia charges, which, tho report says, b
failed to subs'antlate.
The text of 'he findings follows:
(1) The evidence preducod before ua
doea not establish any real attempt to
corruptly Influence the action of the
speaker of thia house.
(2 1 There was no reasonable or sub
stantial around for the editorial entitled
"Boodle." published in the Chlraao Inter
Ocean April 21. 1UU3. and the charges there
in contained and as specified further In the
testimony of Mr. Hlniuan. were wholly
without truth or foundation aa to anr mem
ber or officer of this, house, ao far aa we
have been arte to discover.
GIRL HAS NARROW ESCAPE
Cab ia Waits She la Rldlatf
Struck by Street
PHILADELPHIA. April 30. A hansom
rab, in which Miss Katherlne Cassatt,
daughter of A. J. Cassatt, president of the
Pennsylvania Railroad company, was ridln
down Chestnut street, wss struck by a
South Nineteenth street car and the cab
was turned on Its side.
Miss Caaaalt saved herself from falling
by holding to tho door and was quickly
assisted from her dangerous position Bone
lb wors for her experience.
ORGANIZED LABOR AFFAIRS
Teamsters Decide at a Late Hoar Not to
Hitch Up Today.
RESTAURANT EMPLOYES VOTE TO STRIKE
Portion at Carpenters Decide to Cease
JUtbor, While Brewers, Street
Car Men and Others Take
In the neighborhood of 1,700 men will be
come Idle today in Omaha as the result ot
action taken last night by various labor
unions. These men are apportioned as
follows: 850 among the teamsters, 600
restaurant and hotel workers and 250 car
penters. The Team Drivers' union declared
a strike on every employer in the city who
had not stgned tbe scale proposed by tbs
union; the restaurant and hotel men, in
cluding the waiters, cooks and helpers, de
elded to strike on refusal of their employ
ers to accede to the unions' propositions,
and all the carpenters employed by con
tractors refusing to sign the scsle took
similar action. The total number of team
sters is between 1,300 and 1.400, ot restau
rant and hotel men about 760 and car
The teamstera are said to bold ths key to
the labor situation Just now and upon their
action rested the course of other unions,
but at the same time people who are ad
dicted to the eating habit doubtless will be
inclined to attach considerable Importance
to tha strike of the restaurant men. Of
the thirty-two restauranta in the city, but
three had signed tbe scale up to
last night. The hotels are not Im
mediately and directly affected by this
strike, although they may be drawn Into It
later or made to softer some Inconvenience
If the teamsters' strike Is prolonged. Tbe
only hotels that employed white union
labor were tbe Schllts and the Dellone and
the latter today goes out of tbe dining room
business entriely placing Its trade on the
European basis altogether.
Teamster Have tosg Session.
Ths teamsters continued their meeting
psst midnight, finally reaching a decision
that there was nothing left for them to do
but strike, as the majority of their em
ployers had turned down their proposition.
According to Business Agent J. E. Crews,
the concerns affected are: Omaha Mer
chants' Express and Transfer, Johnson
Bros', Transfer, Expressmen's Dellverey,
Fred Bush Transfer, McAulley Express,
Miller Transfer, Omaha Transfer, all the
coal companies except one, all tbe graders
except Kracht Morrlcsey, and all tho
building material concerns and the de
partment stores. The Bennett company
and possibly others msy sign though it Is
not certain today. All the ice companies
have signed the scale, as also have the
Omaha Van and Storage company and the
H. C. Dunn Tranafer and Express company.
Tbe teamstera meet again thia afternoon
at 2 o'clock at Grand Army ot the Republlo
halL 114 North Fifteenth atreet. '
Last night was. one' ot tbe busiest In
.labor tlrvtfcs that Omaha ha. known" fcjr a
long time., in waiters ana an tea unions,
freight ' handlers, -teamsters. Building
Trades Council, street car mea and brewery
workers all held meetings, on which hung
serious consequences. The restaurant and
hotel unions decided on a strike In all the
restaurants of tbe city, save three, which
had signed up the scale; the brewery
workers secured a settlement with their
employers; all the building trades, except
part of the carpenters, found It possible
to avoid the necessity of striking; tbe
freight ' handlers decided to wait awhile
and the street car men disposed of their
troubles without Involving themselves any
. Pass I'p President Smith.
All there was to the street car men's
affair wis a vote on whether H. G. Smith,
their president, who was discharged by the
company recently, ahould be supported, or
whether the company ahould be upheld.
The men voted to stand by the company
by 227 to 112, allowing Mr. Smith to take
care of his own case. The company gave
as Its reason for letting Smith out that he,
as motorman, was responsible for too many
accidents. Some of Smith's friends charged
that this waa a" pretense and tbe real rea
son was that Smith was president of the
Walter Cae Serloas.
Tbe waiters' strike presents a serious
sspect unless an early adjustment can be
arranged. The waiters themselves number
about 800 or a little more and with their
allied unlona tbey number nearly 600.
There are thirty-two restauranta In tbe
city and only three bad signed the scale
up to laat night, when the business agent
of the waiters' union was seen. These were
Billy Huston's, the Denver and the Blue
Front. Tbe Barker hotel signed tbe scale
all through. The situation looks like a
complete tie-up of the restaurants, none
of the larger ones' having signed up with
the men. The One Minute restaurant pro
prietor, John Hatpin, last night paid off
all his men and decided to close his place
this morning until matters are aettled.
He will take advantage of tbe spell to do
some repairing. Mr. Hatpin and his men
parted In a friendly manner and tbe pro
prietor, while unwilling tj sign the scale,
said they bad not talked strike matters.
What the Matters Want.
As waa said the waitera asked no ralas in
'. wages, but simply a six day week. In de
manding six days a week, or sixty hours a
week, tor their, female members they point j
out that this Is nothing more than the law
of tbe state provides. The men appear
firm and would seem that unless thers Is a
yielding on the other side some people In
Omaha are either going hungry or must
besiege the hotels tor a while at least.
Considerable feeling waa aroused over tbe
action of the Commercial club tn discharg
ing its five union waiters and employing
colored nonunion men. The waiter ascribe
this to tbe claim that the Business Men's
association dominates the Commercial club
and is opposing all union men.
Brewery Worker Win.
As to the brewery workers, tbey de
manded eight hours a day Instead of nine
and got It as the result of a conference
with their employers yesterday afternoon.
They al.so got a concession for 40 cents an
hour overtime and 60 ccnta overtime for
tbe drivers who work nine bours a day.
Part ef Carpenters Ont.
At the meeting of the Building Trades
council tbe only members who decided' on
a strike were the carpenters tbst are em
ployed by contractors who refuse to sign
tbe scale. Tbn number of these carpenters,
according to Business Agent Stevenson, Is
absut 25u, whilu tbe remainder of the 400
union carpenters wl'.l remain at work for
the nvo contractrrs who have signed the
scale This Ifaves the men on tbe new
Krug tlwaier, the Joslyn residence and the
(Continued oa Fourth Pag.)
CONDITION 0FTHE WEATHER j
Forecast for Nebraska Fair and Warmer
Friday; Saturday Fair.
Teaaperatare at Omaha Yesterdayi
Hoar. Dear. Hoar, Dew.
R a. n IT 1 p. tn KM
a a. m ST p. m -to
T a. m ST R p. m 41
A a. m...... 4 p. m ...... 4A
I, Mmiim JtO Bp. 4H
III a. n ft'J p. m. . . . . 4H
11 a. n at r p. ni 4 4
II SU M p. tn... ... 42
8 p. m 41
CREIGHTON ALUMNI BANQUET
Doctors Get Together for an Kvenlna;
ef Good Cheer and Good
Fifty-five persons enjoyed the flow of cheer
and oratory attendant upon last night's
annual banquet of tho alumni of Crclghton
Medical college In the historical laboratory
of the Inatltutlon. Dr. Bryan Riley of tho
class ot 1901 was the toastmaster and di
rected the execution of the program, which
comprised several short addresses, wtth
music by an orchestra for the Interludes.
...I.kl .k 1 - - ' A 1 .III. I . m
"U'V. . J " Ti ll Vu- . . .... I
and later will be banqueted by the faculty
at th Her Grand hotel. It will be No.
IS In the list of banquets given by the
faculty to retiring classes.
When the alumni met last night It trans
acted Its usual grist of yearly business
first, electing Dr. N. V. Stelner, '01. to the
presidency; Dr. R. Rlx, "99, to the secre
taryship, and Dr. Fred Wearn to tho treas
urershlp. For the banquet the laboratory
tables had been Ingeniously converted Into
dining tables. All sorts of dainty refresh
ments were served on them before the
speaking began. Dr. C. L. Pickett wel
comed the new class and was responded
to by O. R. Brlttain. Mrs. 8. Rhode 'read
a paper on "A New Cure for Rheumatism,"
which provoked much laughter, aa It waa
Intended to do. Dr. Guatave Hahn, '03,
told a story; Dr. Harry Blerbower, '00,
army surgeon from tho front, told of the
doctor's lite In the Philippines, and Dr.
E. 8. Pinto added more testimony in this
matter, having been on the islands for
two years or more In the government
service In the cholera and fever districts.
SHERIFF GETS ONLY THE MAN
Doesn't Kind the Promised Gamhllas
Device When He Raid Aliened
Sheriff Power and Deputy Sheriff Jsmes
Roach went to a room In tha rear of the
Diamond saloon at 1313 Douglas street at
2:15 yesterday afternoon and took Into cus
tody Samuel Boyce, William Everhart, V.
L. Cbucovlnb nnd several employes. The
sheriff made tbe arrests on warrants Issued
from the county court upon the complaint
of D. D. Anthony, a detective brought hers
by C. R. Scott and others. It la said, to
ferret ,. put alleged bookmaklng. Anthony
accompanied the sheriff . yeaterday and
pointed out the men. Tbe sheriff found la
the room oonerot tba gambling devices mra-iioa(-a"!h'"iiie''"petiiloa.-"
The men. when
taken before Judge Vlnsonhaler, declined to
plead. Tbe court entered a plea of not
guilty and set their examination for May 7.
A Douglas street pswnbroker went ball for
Chucovlch and then the two went bail for
the others, each of whom was held In tbe
sum ot $500.
HASTINGS BANKS COMBINE
First National of that City Ab
sorbs the Adam Coanty
HASTINGS, Neb., April 80. (Special Tel.
egram.) The First National bank of Hast
ings absorbed tho Adams County bank of
this city today. The deal Is one of the
largest business transactions In tbe history
of tbe city, as it Involves over $250,000.
Tho First National bank poasesses the
assets snd good will of the Adams County
bank and assumes the liabilities of t.'a
same. At the last statement tbe comblnec
deposits of these two banks was $882,481.04.
The First National bank is to have a lease
of tbe present location ot the Adams
County bank for a term of one year, dur
ing which time a new building will be
erected for the express purpose of the
First National bank.
William Kerr, who haa been president
ot tbe Adams County bank since its estab
lishment in 1886. retires, feeling that be
has earned a rest from business cares.
BUSY DAY FOR PRESIDENT
Kansas City and Other Cltlea Arraasje
to Occupy Brief Visit te
t the Fall.
KANSAS CITY. April 30. President
Roosevelt will arrive from St. Louis at
9 tomorrow. He will be met by a citi
zens' committee and the Third Missouri
regiment of militia, and will be driven
to the Paseo, where he will be greeted by
25',000 school children. Afterward be Is to
speak In Covington, with luncbton st tha
Baltimore botel. and at 1:30 he will be
turned over to tha Kansas City, Kan., com
mittee at the state line.
On the Kansas alje be will review tbs
assembled school children.
At Lawrence, Kan., where a short stop
ill be made, tbe president will drive
through the. city. At Topeka he will remain
all Friday night.
Brilliant weather is promised tomorrow,
a holiday has been proclaimed and elab
orate preparations for the care of a vast
number of visitors have been made.
BIsT Telescope Completed.
PITTSBURG. Pa.. April 80. Prof. John
A. Brashear of Allegheny announces that
th astronomical instrum-nt Just completed
for the (Smithsonian institution. Washing
ton, D. I'., will thortly be sent to St. Ixiula,
where the government will have It mounted
for exhibition at the big fair. It Is the
largest and moat perfect Instrument of its
kind ever constructed and will be used
primarily tor the study of solar phenomena.
Movemeats of Occaa Vessel April SO.
At New York Hailed Blucuer, for Ham
burg; tlrosser Kurfurst, for Hremen, via
Plymouth; Pomeranian, for Glasgow.
At leghorn Arrived llt-sperla, from
Ptilladelph:a. via Ucnoa.
At Queenatown Arrived licrmmlc. from
New York. Sailed Teutonic, irom Llver
iool, for New York; Friesland, for Pr.ll
alelphia. At Olbraltar Passed Calabria, from
Naples, via Alglcra. for New York.
At Glasgow Balled Carthagenlan, for
At Yokohama Arrived K'mpresa of India
from Vancouver, for iliogo, ijhanglial an!
At Hoiik Kong Arrived Rio Jun Maru,
from t-'eattle. via Yokohama, tie.
At TVnertfTt Arrived Amli'S. from Hm
Francisco, via 8i. Vincent, for liauilrjrg
At Ht. Michaels Arrived Vancouver,
from Boston, for Gibraltar, Naples and
At Liverpool HailedNew tngland. fr
At the Lizard Passed Aug jste Victoria
from New York, for Plymouth, Cherbourg
QJJJJp ACCEPTS FAIR
President Rooe'ves Exposition Grounds and
Ded oates Tham to People.
ALL NATIONS PAY HOMAGE TO AMERICA
Kings and Emperors Send BapreienUtivai
to St, L:nig Celebration.
STATES AND UNION DELEGATES ATTEND
Governors, Diplomat and Soldiers Join
Publio at St. Louit.
BLANKETS CLOTHE FASHIONABLE BEAUTIES
told. Wet Weather Falls to Treable
Great frond, Which lnghs When
Smart Set Veil Filmy
BT" LOUIS. April 80.-Rulers and repre-
n.tivc. of ruia. those who
awa and those who enforce them, soldiers,
ssilors and a great concourse of the sover-
elgn American people today Joined In one.
enthusiastic wholo to formally fled cats the
Louisiana Purchase exposition grounda and
hand them over to tho nation.
It wss a raw, cold day, with Just enough
snow to emphasize tho lateness of th
spring and more than enough rain to make
the crowd of shivering spectators uncom
monly uncomfortable, yet there was not
enough of both combined to keep one away
or dishearten any who were there. Ths
flags which warmed the somber lines of
city streets Into a glow of Oriental color, .
were, indeed, draggled and forlorn and the
dyes in some of tbo cheaper decorations
failed to stay In place, but this none no
ticed, being apparently content to take all
things as they found them and unite In
making light of all discomforts.
Blanket Cover Smart Met.
Tho crowd of women, wives and daugh
ters of the distinguished guests, had turned
out In all tho glory of modern civilised
garb aa though anxious to ecllpae the glit
tering uniforms of tbe military contingents
gathered to typify the power of the great
republic and its component states. These
were In torture. Laces, silks and bows of
colored ribbons lend enchantment, but
hardly servo to turn tbe penetrating cold
of a late Missouri spring. Consequently
Mrs. SJdell, wife of the governor Of New
York, and other members of the board of
lady managers hunted up a supply of warm
army bisnkets and distributed them' among
their shivering sisters. Thus all unintention
ally the earliest of all tbs rices to control
the Louisiana Purchase were represented
by proxy and a crowd looking for all the
world like rows of Indian squaws sat and .
shivered snd beamed, ' cheered and waved
dainty handkerchiefs when at length Presi
dent Roosevelt walked across ' from tha
luncheon tent to receive, , on the part of "
the nation, tbe flrat tangible algns of next
year's monster fair.-i .v. . -".
But all this came fatt In the dsy, long
after the western empire had shown Its
power and rivaled tbe pomp of Its older and -less
democratic sisters by a monster gath
ering of the clana and an elaborate parade
of 11,000 troops through the city . streets.
This wss the show feature of tbe (Say, but
It was less what the hordes of visitors came
to see than the subsequent gathering in the
Liberal Arte building on tbe fair grounds,
where one prealdent and one tx-president
ct the United States, tho tfTiclal repre
sentatives ot half th nations of the world
and the executive beads of practically
every state In the union united In the offi
cial dedication ceremonies. . Here It was
that Prealdent Roosevelt received probably
the greatest ovation yet given him since
he left Wsshlngton nearly a month ago on
his long western tour. There were 60,000
people there representing every class and
every country in tbe world. .
Nations AH Da Honor.
In the center of tbe platform aat those
destined to take the more active part la
the pending ceremonies. There sat the
president and b!s predecessor In office,
Grover Cleveland, and Mr. Francla and Mr.
Carter, the presidents respectively of the
exposition compsny and the -World's fair
commission. . To tbe right was the entire
diplomatic, ccntlngent removed temporarily
from Washington to typify the honcr their
respective government wished to pay these
United States, and with them officials ot
tbe State department and still other dis
To ths left were those representing the
national congress and the three generals.
Miles, Corbln and Bates, representing the
army and all that Its power typifies.
The two front sections of the auditorium
proper were entirely taken op by
governora ot atatea and their staffs,
tbe national World's -' Fair commis
sioners, tho '"United States govern
ment board. United States senators and
congressmen who were not members of ths
congressional joint delegation, while across
the aisles wss a brilliantly gowned assem
blage of women. Including wives or guests
of the men connected with tbe ceremonies,
and the board ot lady managers. .
Behind tbeae rose tier on tier of tbe
Those in tbe rear ot this contingent had
difficulty in bearing tbe speakers, for the
hall ia a long one. and the miles of bunt
ing and flags, exhibiting tbe mlng'ed eolora
of Spain, France and the United States,
Impaired the acoustic properties of the
building, still all could see and the rear
guard cheered the appearance of the
speakers as heartily as If actually able to
follow their worda.
Surely never has such a gathering con
gregated on American soli and seldom on
that of any of the older countries.
When at length tbe formal transfer waa
made and President Roosevelt accepted Mr.
Francis' tender of ths grounds and build
ings a salvo of aerial guns broke forth In
long booming salute and th serried multi
tude within the building rose cheering, yell
ing Itself hoarse In honor of th man th
nation has chosen as Its chief spokesman,
and of tbe land he represents.
Then all surged forth, gay, animated and
not at all discouraged by the cllmatlo gloom
and dripping rainclouds, and then, later,
surged back again to see ibe first ot the'
gigantic fireworks displays arranged for the
three days' celebration.
PARADE A GREAT SUCCESS
Thoaaaada View Great Military Pa
eaat March Through
ST. LOUIS. Mo., Xpril 80. Th
great military parade which was de
signed to be distinctively th show spec
tacle of tbe dedication ceremonies was held
this morning and proved to be all that
Its promoters could wish and all (bat tbe
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