The Omaha Daily Bee.
ESTABLISHED JUSE ,19, 1871.
OMAHA, THURSDAY MORNING, JUNE 4, 1903 TEN PAGES.
SINGLE COPY THREE CENTS.
LOSC STRIKE ENDS
Union Pacific Machinist Com to an Agree
ment with Oompanj.
WILL RETURN TO WORK NEXT MONDAY
All the Men Are to Be Reinstated
Without Discrimination.
PIECE WORK WILL NOT BE ENFORCED
Employee May Go on Piece Schedule or Hot,
a Ttey Please.
AVERAGE INCREASE IN WAGES GRANTED
Conference . for Purpose of Settling
Blacksmiths' Strike Begins Immf
dlately After Close of Ses
sion with Machinists.
BTRIKK DECLARED OFF June 3 and men
return to work June s.
ALL OLD MM REINSTATED, without
oi scrim: na.llon.
iVbitAOb I.MJREA8E In wages of about
7 per cent.
MA l ibit UP PIECEWORK left to discre
tion of employes.
The Union Pacific machinists, after being
on strike for over eleven months, yesterday
touched an agreement with the company
the essential points of which are thotte
stated above. The boiler makers having
pievioUHly adjusted mutters with President
Burt and President Harriman In N,ew YorK,
only tne blacksmiths now remain without
the fold and they began negotiations tor
peace with President Hurt yesterday Im
mediately upon the conclusion of the ma
chinists' affairs. They will continue their
conferences until an end Is reached. Every
Indication points to a settlement with them
The final settlement of the machinists
waa effected and ratified yesterday after
noon. For three days the five members of
the machinists' international executives
board had been In conference with Preel
dent Burt and Superintendent McKeen ut
headquarters here. The local and district
committees took no active hand in the de
liberations until ths terms of the agreo
ment had been reached and then the local
ani district men were Invited to participate
In the ratification. This procedure ras mu
tually agreed on at the outset. From tlia
first of this conference the utmost secrecy
as to the deliberations has been observed.
The only statement made came at the con
clusion yesterday afternoon.
Announcements from Both Sides,
Hugh Doran, chairman of the machinists'
xecutlve board, officially announced for the
workmen that the strike had been settled
along the line Indicated above and, that
the terms wers entirely satisfactory to the
men.
Late In ths day this statement waa made
officially to .a reporter for The Bee at
Union Paclflo headquarters, as comprising
ths cardinal ieatures of the settlement:
' L The aettlement was made on the sam
tiasls substantially as that of the boiler
makers, which, was In acoordanee with the
" recent telegram or Mr. jiarnman to air.
MoNell.
2. All old men are to be reinstated, without
discrimination. If they desire to be and
make application within sixty days.
t Strike Is declared off June 8 and men
return to work June 8.
4. Ths matter of piecework Is to be left
to the men themselves.
a All men are to return to work In the
spirit of friendliness, cherish no animosity
and old discipline Is to obtain.
6. No new men are to be employed dur
Ing the sixty daya within which old men
are riven to return to work.
The machinists say their wage schedule
has been raised on a graduated scale, aver
aging about 7 per cent. The question of
what to do with the nonunion men who
took strlkera' places and those who were
employed in the shops when the strike
began and remained there was not dealt
with In the terms of peace, but was left
to adjust Itself. The men who are now
boarding at the company's quarters will be
notified to secure other boarding places
Foil Statement May Come.
Neither side would give out a full copy
of the terms of the agreement, aa It wa
mutually decided not to disclose this until
after the blacksmiths had held their con
ferences and matters were entirely settled.
Then probably copies of the agreements
with the three crafta will be given out.
Speaking of the conference and Its re
sults, Chairman Doran of the International
executive board said:
The settlement Is entirely satisfactory
to us. Of course we think we have done
well. The two salient points were piece
work and the reinstatement of the old men,
and they both were disposed of to our
satisfaction. Thut one point of the dispo
sition of the nonunion men now In the
shop was left to adjust Itself. Nothing
Is said of It In the agreement. Our ex
perience has taught us thut time will solve
that problem. The agreement specifies that
the old men are to be taken back without
discrimination, and that Is fair without
going any further, we think. I think I can
voice the sentiments of my associates on
the committee when I say that we were
treated with consideration by President
Burt and Mr. McKeen and parted under
the most pleasant circumstances."
Sis Hundred Machinists.
About GuO machinists went out on strike
June 28. Of that number, which appllea
to all the shops over the system, many
are now at work In other places, naturally
These may or may not return to work
under this agreement. Just aa they please.
but if they choose to return they must do
so within sixty nays, ior aiiir inui nine
the company will not be responsible for
their places. The machinists think an
overwhelming majority of this number
will return. At present In Omaha there
are sixty-five of the old machinists and
eleven helpers. They all will go back.
Besldea Hugh Doran, Chicago, chairman,
the members of the International executive
board who participated In the regular con
ference are: M. J. Ford, Ntw York; E. L.
Tucker, Washington; 11. F. Garrett, At
lanta; James A. Reynolds. Cleveland.
The district executive board, which, with
Tom L. Wilson. ' fourth vice president of
the International Association of Machinists,
by whose order 'he strike waa originally
declared. June 29. 1902. that met with th.
nmi.1,1, an1 lha Int.rnatlitna I Hsta re ..
ratified the articles of agreement, consists
of these representatives from the various
lodges along the Union Paclflo system:
B. F. Pert-, Cheyenne, prtsldcnt; Walter
Webster, Evanston, vice president; Samuel
Grace, North Platte, eecrelary-treazurer;
W. L. Ilughea, Rawlins; Ueorgv W. Smith,
A. 8. Mildred. Robert Mulr. Omaha; E. W.
Towner, Kansaa City; John Umlund. Co
lumbus; Paul Uistheld, Grand Island;
George Harris, Cheyenne; George Finn,
North Platte; Emll Berne, Denver.
President John Blocuro of the Interna-
iCouUnuod. 7tUra Page.)
EXCHANGE COMMISSION ACTS
Holds Several Informal Conferences
with British Members at
London.
LONDON, June 3.-T,
.'-
-ibers of the
United States Internationa. .''t( nge
mission (Messrs. H. H. Hanhv, ' i.-l
com-
i,-ies A.
Conant and Prof. Jeremiah J. J "ve
had several conferences with mem.
the government this week, though v.
formal sittings of the commission desig ..
nated by the foreign office will not begin
until next week. Sir E. N. Satow, the
British minister to China, came to town
especially to meet the American delegates
and discuss with them Informally the
feasibility of establishing a uniform cur
rency In China and giving them the benefit
of his oriental experience. The British
cabinet has designated as members of the
commission: Sir James Mackay, negotiator
of the British-China treaty; Sir E. Lemon,
London manager of the- Hong Kong and
Shanghai banking corporation; Robert
Chalmers, principal clerk at the treasury;
W. Blain and George W. Johnson, mem
bers of the recent commission on the cur
rency of the Straits Settlement.
Much Interest Is evinced In the work of
the commission work by the government
and the large merchants. It Is believed
that the commission .will continue Its pro
ceedings for a fortnight In London and
then proceed to Paris. The government
had received notice of the acceptance by
the government of the Straits Settlement
of the scheme recommended by the com
mission. The plan Is only a fairly pre
liminary one. It provides for the adoption
of a new distinctive coin to renlace at nar
the existing currency, but the time and
method of raising these coins to a gold
parity have not yet been settled. The
commission will discuss the possibility of
a harmonising policy for the Straits Set
tlement with that of the local currency of
the United States, the Philippines snd
Mexico.
JEWS TO DEFEND THEMSELVES
Every Man and Woman Among; Them
In Odessa Now Cnrrles a
Revolver.
BERLIN, June S.-A dispatch received
here from Odessa under date of May 28
says the Jews there sre now prepared to
defend themselves Intelligently.
Several thousand revolvers bave been lm
ported since the Klshlneff massacre, so that
at present almost every Jew, man or
woman. Is armed. Those who were unable
to buy weapons received them as gifts from
the defense committee.
A system of communication has also been
agreed upon so as to spread a warning
throughout the city when there Is an out
break of violence In any quarter. Families
residing near each other will concentrate
for defense and every second man will Join
what might be called an expeditionary
corps to take part In aggressive defense
when anything la actually going on.
The Jewish safety committee is reported
to have arranged with the working men's
association for aid In the event of an out'
break. Arms have been distributed from
Odessa to the Jaws In other cities of Rus
sia. ' - - ''
The Tageblat today prints a dispatch from
St Petersburg announcing that a law was
published there this day giving a list of
101 towns In Russia In which Jews are al
lowed to acquire land and live without re
striction. Jews are temporarily forbidden to buy
land outside these places, where they will
be legally settled.
STEAMSHIP IS LOST IN GALE
No Hope Kntertalned for Safety of
Vessel with Eighty Persona
on Board.
LONDON, June 8. A dispatch to Lloyd's
from Valparaiso confirms the dispatch of
the Associated Press last night, from Santi
ago rte Chile, referring to the fears ex
pressed there for the safety of the Paclflo
Steam Navigation company's ateamer Are
qulpa, which during a lull In yesterday's
storm at Valparaiso left that port In an
endeavor to ride out the gale at sea.
The agent cables that the steamship,
which had eighty persons on board, waa
probably lost. The bodies of some of the
crew have been washed ashore.
Later advices from Valparaiso say
Arequlpa foundered at Its moorings and
the captain, his wife and the majority of
the crew were lost.
SANTIAGO, June 8. According to a dis
patch received here from Valparaiso, Cap
tain Todd, his wife, fifty of the crew and
many of the passengers of the Arqulpe
were drowned when the steamer foundered.
VALPARAISO, Chile, June 3. Seventeen
persons were saved 'out of the eighty on
board of the Pacific Steam Navigation
company's steamer when It foundered dur
ing the gale which awept over this coast
yesterday.
ARE AGAINST STANDARD OIL
Roumanians Protest Against Permit
tins; American Company to
Secnre Foothold.
BUCHAREST. Roumanla. June 8. At a
meeting of liberal supporters of the gov
ernment today Premier Stourdza and
Finance Minister Costlnesco spoke strongly
j against allowing Americans, who, they said,
! "have rendered themselves unpopular here,"
to secure a foothold In the Roumanian
nil fields and ureed Da trio tin Roumanians
to refrain from treating with the American
experts. The ministers also argued that
un
i abundance of British and continental
nital la available to develon th. nn
, . vllume o develop the Rou-
ra
manlan fields
Representatives cf the Stundard Oil com
pany are now In Roumanla Inspecting the
progress made In the working of Rou
manian petroleum.
PECULIAR CAUSE OF SUICIDE
I German Kavnl Eiiln Kill. HIbi.1I
Because He Cannot Identify
Man Who Strikes Him.
KIEL. June t A seaman of the German
navy, Messerchmidt, waa sentenced by the
t naval
court-martial today to eighteen
months' Imprisonment for striking Ensign
von Abel on May 3. at Kiel.
The case haa been widely commented
upon because of Von Abel's suicide after
he found he was unable to Identify the man
who assaulted him and personally revenge
himself.
Tho naval court today read Von Abel's
letter explaining why he committed suicide.
The ensign said the assurance given him
by the commandant that the matter would
be rigidly Investigated waa poor consola
tion for him. and added: "I can't allow
myself to be struck and taea put up
aith V
is PRESIDENT'S BUSY DAI
PnU in Time Making 8peechei in Heavy
Bain.
FINOS NEW FRIEND AT BLOOMINGTON
Mayor of that Town, a Former Dem
ocrat, Announces Allegiance to
. Roosevelt, Because He's
aa Ideal American.
B LOO M I NO TO N, III., June 8.-Presldent
Roosevelt put In about the busiest day of
his trip today, from a speech-making stand
point. He made his first speech at Freeport
at 8 o'clock this morning, and when he
concluded his address here shortly after 10
o'clock tonight he had spoken nine times.
Eight of his speeches were made In the
open air and several of them In rainstorms.
The hardest rain encountered today was at
Pontlac, where he dedicated a soldiers' and
Bailors' monument. The downpour was so
heavy when his train arrived that It seemed
Inadvisable for him to venture out.
"I will leave It to you, Mr. Mayor," he
said to that official, "if you say go we will
go." The mayor decided that the president
should . go, and wearing a rain coat be
braved the elements. '
The most Interesting feature of the day
occurred at Dwlght. The mayor of this
place Is a democrat. In Introducing the
president he said:
I consider vou. Mr. President, the' Ideal
American citizen. I am in favor of the
course you have pursued and will support
you for re-election.
The president, responding to the Introduc
tion, said
I am pleased by the kind words the mayor
has said to me. Perhaps I prize them
especially, Mr. Mayor, coming from one
who Is not of my party; but the whole
thing Is, my friends, If we are all good
Americans that is enough platform for i.ll
of us to stand upon. I price more than 1
can say such words as have been uttered
by the mayor and I assure you I shall do
my best to try to deserve them.
The president also assisted In the open
ing of a new hotel at Dwlght. A wire was
run from the hotel to the rear platform of
his car and by pressing a button he
started the machinery In the building.
The places at which the president spoke
today were Freeport, Rockford, Rochelle,
Aurora, Joltet, Dwlght, Pontlac, Lexington
and Bloomlngton.
President Dedicates Hall.
The feature of the visit of President
Roosevelt to Rockford today was the dedi
cation of Memorial hall, a 8t0,UUO atructure.
The city was decorated In gala garb,
pictures of the president adorning the
store fronts and residences. Local busi
ness men and manufacturers united in a
movement for making the visit a general
holiday.
President Roosevelt reached Rockford
on acheduie time, arriving here at" D:1S
a. m. He waa accompanied by Congress
man Robert R. Hltt and John A Davis.
He was ofHoiaUy greeted by a committee j
of six consisting of Mayor Charles E.
Jackson, Judge A. H. Frost, Congressman
Charles E. Fuller and Messrs T. E.
Backhee, J. B. Whitehead and Walter
Van Alstyne of the county . board,, and
escorted by carriage to Memorial hall.
Arriving at the Memorial building Con
gressman Hilt Introduced the piesldent
to the vast audience confronting him and
he made a brief reponse after which came
the unfurling of the flag over the Memorial
atructure.
The president and party then re-entered
their carriages and enjoyed a short drive
through the principal streets, first pass
ing In review before some 1000 school
children massed at a park adjoining the
Memorial building grounds. Each child
carried an American flag and the salute
given President Roosevelt was a most
inspiring sight. The decorations for the
occasion were the most elaborate ever at
tempted In this city.
. The throng In town waa variously esti
mated at from 40.000 to 50,000.
Following the visit of the president and
his party there waa a public parade partic
ipated In by local ctvio and military
organizations. During the afternoon came
the formal dedicatory exercises of the
hall. Department Commander Benson
Wood gave the principal address of the
day.
Site of Lincoln-Douglas Debute.
FREEPORT, 111.. June I President
Roosevelt and party reached here from
Dubuque at 8 o'clock and Immediately aft
erward were driven to the site of the Lincoln-Douglas
debate In 1868, where a monu
ment commemorating the event waa un
veiled in the presence of many thousands
from Freeport and vicinity. At the court
house the president was introduced by Con
gressman Hltt.
The president referred to the debate as
an event far reaching. He complimented
the Women's club of Freeport who erected
the monument. At 8:30 the party waa
driven to the depot amid cheers of thou
sands and left for Rockford.
President Roosevelt spoke aa follows:
We meet today to commemorate the spot
on which occurred one o( those memorable
scenes in accordance with which the whole
future history of nations Is molded. Here
were spoken words that flow through Im
mediate time and that will flow through
that portion of eternity recorded in the his
tory of our race. Hare was sounded the
keynote of the struggle which, after con
vulsing the nation, made It in fact what It
had been only in name, united and free.
It is eminently fitting that this monu
ment, given by the women of this city in
commemoration of the great debate that
here took place, has been recalled by the
men whose deeds made good the words of
Abraham Lincoln nnd the soldiers of the
civil war teheers bk" icplaiise).
The words wer mlguiy, and had It not
been for the words the deeds could not
i have taken place.
But without th" deeds
-""7. ,hT XI
me worcis wouia
nation that brought the statesman that
I could plerre the clouds that obscured the!, . .
I l,,t of th keenest of his fellows and ln fast as the
coM M what ,ne future inevitably held. Fires are reporte
And. moreover, that we had back of the
statesman and behind hii the men to
whom it was given to fight in the greatest
war ever waged for the good of mankind,
for the betterment of the world.
Only a Moment to Speak.
I have literally but a moment here. I
could not resist the chance that was offered
me to stop and dedicate this monument,
for great though we regard Abraham Lin
coln, my countrymen, the future will put
him on an even higher pinnacle than we
have put him. (Applause.) In all history
1 do not believe that there Is to be found
an orator whose speeches will last as en
daringly as certain of the speeches of Lin
coln. And In all history, with the sole ex
ception of the man who founded the re
public, 1 do not think there will be found
another statesman so great and so slngLe
hearted in his devotion to the welfare of
his people.
We cannot too highly honor him. The
highest wsy In which we can honor him Is
to see that our homage Is not only words
that to loyalty of words we Join loyalty of
the heart, and that we pay honor to the
memory of Abraham Lincoln by so con
ducting ourselves, by so carrying ourselves
as citizens of this republic, that we shall
hand on undiminished to our children and
our children's children the heritage we re
reived from the men who upheld the states
manship of Lincoln In the councils and
mho made good the soldiership of Grant In
the field. (Cheers and aDplaune.)
AURORA. III., June 1. Fifty thousand
people greeted president Roosevelt at Au-
(CoutfUued en Third Page )
EXCURSION STEAMER WRECKED
Sudden Lurch Throws Three Children
Into Water and They Are
Drowned.
HANNIBAL, Mo., June 8. Three children
were drowned here today by the collision
of the steamer Flyfng Eagle, towing a
barge filled with Sunday school excursion
ists, and a pier In the Hannibal bridge.
The dead:
LONNIE CURTIS, aged 15.
LAURA COPPAGE, aged 15.
HARRY EICHENBERGER. aged 17.
About 260 children from the Park Metho
dist church Sunday school of Hannibal had
boarded the barge and a number were on
the steamer. The excursion left Hannibal
to run to Qulncy and afford a view of the
swollen Mississippi.
Aa the boat swung out into the river the
swift cut rent seized the craft and despite
all efforts bore It straight down
toward the stone pier nearest the
shore. With a crash the stcamor waa
hurled against the pier and wracked, but
did not sink Immediately. For a time It
was wedged against the pier by the cur
rent and held while the horror-stricken
children and the adults climbed up the
pier to the bridge. In this way almost
half of the passengers were saved.
Before all could reach safety the barge
was veered around by the current and
finally swung loose from the pier and
floated down stream. In the sudden
swinging out of the barge the three
children were thrown Into the water and
swept to their death, i
Carried by the surging waters at a rapid
rote tho barge fiUen with screaming
children floated Into the channel and for
a time It seomed that all were doomed to
cerish. But from further down the
ft ream tho catastrophe had been witnessed
and at hand were a number of skiffs and
rowhonts of different kinds. With one
thought these boats were manned and like
a miniature fleet they shot out Into the
swell of the stieam to meet the barge.
Encouragement was called to the child
ren and they were urged to Sit down and
be quiet. This had a good effect. The
rescuing boats surrounded the barge and
the children were quickly taken from it
and were safely landed.
WESTERN MATTERS AT CAPITAL
Changes in Salaries of Nofcraska and
Other Western Post
masters. (From a Stall Correspondent.)
WASHINGTON, June 8 (Special Tele-,
gram.) These rural carriers were appointed
today: Nebraska Alexandria, regular,
Daniel H. Brlcka. Carl E. Averlll; substi
tutes, Bert Bricks, S. ,F. Averlll. Iowa
Alula, regular, Jesse A. .Turner; substi
tute, Fred A. Turner. Solon, regular, C.
B. Cambridge; substitute, Charles Woolf.
Spirit Lake, regular, Harvey Wood. George
C. Town; substitutes. Earl E. Wood, Frank
E. Town.
The Chase National bank of New York
has been approved as reserve sgent for the
City -National of Tipton, la. -
South Xakota postmasters appointed: Ole
Stovern, Crawford. Reherts county; Carle
Jeglum, Toronto, Deuel county.
These changes in salaries of presidential
postmastera were announced today: Ne
braskaIncrease, Wood River 8200, Falls
City 1100. Decrease, Sterling 8100. Wyoming
Increase, Sheridan 8200, Buffalo, Casper,
Douglas, Evanston, London, Laramie, Rock
Springs $100. Decrease, Cambria, Kem
merer $100.
Dr. and Mrs. J. A. Andrews of Eustls,
Frontier county. Neb., who have been visit
ing Mr. and Mrs. W. E. Andrews for sev
eral days, left today for Gettysburg. After
a visit to the battlefield. Dr. and Mrs.
Andrews will go to .New York, where the
doctor will take up a special course In
medicine. Instead of spending his vacation
In travel. He will return to his practice
In Nebraska In September.
Auditor Andrews of the Treasury de
partment Is In great demand as a com
mencement orator, having four engage
ments within the next few days to address
graduating classes. Tomorrow evening he
will address the graduating class of Woods'
Commercial college, his subject being "The
Practical Value of a Business Education."
On the 10th he will deliver the commence
ment address to the graduating class of the
Academy of the Sacred Heart and on the
11th he will speak to the graduating class
of the McKlnley Training school.
It was announced authoritively tonight
that Secretary Moody of the navy would
not remain In the cabinet longer than the
present term of President Roosevelt. Mr.
Moody expects to resume the practice of
law.
MAINE FIGHTS FOREST FIRES
Hundreds of Thousands of Dollars of
Loss Uelna Created by Un
checked Flumes.
PORTLAND, Me.. June 3.-Malne tonight
Is burning from one side to the other In
almost all sections. Hundreds of thou
sands of dollars' worth of valuable prop
erty and valuable timber land are being
destroyed hourly by forest fires and there
Is little prospect for changed conditions
until rain hus soaked the ground and
woodlands. At least thirty fires are rc-
ported tonight and many others are ruglng.
Not for many years has western Maine
been covered by such dense smoke as
poured over the cities and towns of York
county today. Not an Inch of rain has
been In Maine In the last eight weeks.
A number of special trains were sent out
with men to fight the fires, to be followed
by others during the night and In the morn-
men are secured.
reported tonight as burning In
the vicinity of the following towns:
Rangeley. Remls, Portland. St. Stephen, N.
B.. Mill Bridge. Livermors Falls, Green
ville Junction, Ellsworth. Mlllinocket, Gard
iner, Plttston, Benton, N. B., Houlton, Mon
tlcello. Littleton, Ludlow, Bridgewater,
York, Smyrna Mills. Presque Isle, Old Or
chard, Clinton, Burn ham. Rome, Lovell,
Denmark, Waterford. Brldgeton and Klnoo.
PROTEST ON FOREST RESERVES
Governor Chattertoa of Wyoming; Re.
farms Views of Lute Gov
ernor Richards.
CHEYENNE. Wyo.. June 8Oovern.r
Fennlmore Chatterton haa aent a strongly
worded protest to the Interior department
and Commissioner Richarda of the general
land office against the creation of auch ex
tensive forest and game preserves In Wyo
ming as have been ordered.
Over one-third of the state has been
segregated by the national government for
reservations. It was upon this question
that the late Governor Richards took Issue
with President Roosevelt and his sucoresaor
in office la equally as firm in b-U couvlo
PORTER MUST PAY IT BACK
Supreme Court Panes Finally on Mark
nd Brands Fees.
BONDSMEN, HOWEVER, ARE RELEASED
Having; Received Money While Pre.
earning Act as Public Officer
Ha Cannot Deny Liability.
(From a Staff Correspondent)
LINCOLN, June 8. -(Special.) V. F.
Portor, formerly secretary of state, will
have to pay back to the state the money
he received aa a member of the Marks
and Brands commission. So declared the
supreme court today. The court held, how
ever, that Starrett, a clerk In Porter's
ollloe, also a member of the commission,
was entitled to all the money he received.
The court released Porter's bondsmen from
llubillty. The title of the case was The
State of Nebraska against William F.
Porter, Mary Rowden, David C. Rowden,
William E. Hardy, Virgil O. Strlckler. John
W. Sparks, Isaac B. Tarver, Thomas G.
Morgan, Theodore Mahn and James N.
Gjlhn.
The Syllabus of Case.
Chapter 1, session laws of 1899, enti
tled un act creating a state registry of
brands anu marks, a state brand and mark
committee, proviuing for brands und marks
upon live stock, and repealing chapter II
oi the compiled states oi l9i, was in con
filet with the constitution and wholly void.
It was not the intention of the legisla
ture, by section 3 of chanter 1. aforesaid.
to create a new office to be filled by the
secretary of state; but the provision In said
sec Hon authorizing the governor to ap
point three persons to art as members of
u brand and mark committee waa an abor
tive attempt to add to the number of ex-(
i-uiivii luuccrs ITCJllCU UJf 11113 v on -
stltutlon.
The legislature intended that the secre
retary of state should retain for his services
as a member of the brand and mark com
mittee 20 per cent of all the fees received
for recording brands and it arks.
Money received by the secretary of stat
for recording brands and marks under the
provisions of the act of 1899 was not re
ceived by virtue of his office, but under
color of his office.
The sureties on official bonds do not un
dertake to answer for acts done by the
principal under color of his office, but only
for nets done oy virtue oi nis omce.
The stars has no leirttl title tn any part
of the fees received by the secretary of
state for recording brands and marks un
der the provisions of the act of 18f9; but
that officer having. In collecting such fees,
assumed to act In an official capacity, the
law does not permit him. when called to
account by the state, to deny that he so
acted.
A general demurrer admits the truth of
all material facts well pleaded, but da
not sdmlt conclusions or law.
Official misconduct Is not established bv
ebnwlnar that trust funds have been used
by a public officer for the very purpose the
legislature ana tne owners oi ine iunus in
tnriri thv should be used.
The Judgment of the court In .favor of
the surlties Is amrmea. nut tne judgment
In favor of Mr. Porter Is reversed.
Open Law of the Court.
Chief Justice Sullivan wrote the opinion.
Judge Sedgwick concurring In a separate
opinion. Chief Justice Sullivan says in his
opinion: ' '
The cans was-submitted In- this court on
the theory that the act of 1X99 was a valid
law. but this theory we cannot accept. It
was not valid; in whatever light it Is viewed
It clashed with the constitution: there was
not an enforceable provision In It; from the
beginning to tne ena it was aosoiuieiy ana
utterly null-
While It Is entirely certain that the lerls.
lature did attempt by the act of 1899 to ndd
to the number or executive omcers created
by the constitution, there 1s, we think, In
the act Itself clear and unmistakable evi
dence that the legislative purpose was to
Impose new duties on the secretary of state
ana not to create ior nim a new omce.
Thus far It has not been found necessary
In this state to provide for the filling of
remunerative offices by conscription. When
It Is thought that the services of a par
ticular Individual are indispensable to the
public his friends may appeal to his
oatrlotlsm. but the state cannot, under ex
isting laws coerce him. Acceptance of office
by taking the constitutional oath Is. r -1 In
Its very nature must be a voluntary act.
Porter having no authority In any case
to receive fees paid to him for services ren
dered as secretary of state, and the fees In
question having been paid and received for
the use and benefit of the brand and mam
committee and not for the use or benefit of
the state, it Is entirely clear under the
Srevlous decisions of this court that the
efendanl sureties are not liable and that
the Judgment In their ravor Is right.
The money In question did not come Into
Porter's hands by virtue of his office, but
under color of his office: he had no legal
right to receive It as secretary of state
and conseouently It was not within the
terms of his official bond. Besides the
sureties have done nothing to preclude
them from asserting the truth, and the
truth Is that the state had no legal title
o any part of the fees received under
the provisions or tne act or jrsu.
Why Porter la Held.
But while the state is not entitled to a
Judgment against the sureties. Its claim
against Porter Is on a different foot
ing In receiving the money which the
state is now seeking to recover Porter as
sumed to act in an official capacity; by
his conduct he asserted that he was ex
ercising a power derived from the state,
and this assertion he cannot now repudiate.
If then the fees retained by Porter be
considered s having been received vor
services rendered by him as secretary of
state the conclusion Is Inevitable that he
must account for them. The Judgment In
favor of, the sureties Is affirmed but the
judgment In favor of Porter Is reversed.
Tho claim that the state Is entitled to
recover the sum of $593.05 paid to S. K.
Starrett for keeping the records of the
brand and mark committee la grounded on
the fact that Starrett was a clerk In the
office of secretary of state nnd was re
ceiving from the state for his services as
such clerk a salary of $100 per month. As
a clerk In the office of secretary of stHte
Starrett was not entitled to extra com
pensation for any services which. In con
Umniutlnn of the legislature, were within
the scope of his employment. But very
clearly it was no part of his duty to keep
the records of the brand and mark com
mittee. If Starrett actually kept the re
cords he earned tne money wnicn no re
ceived and Is entitled to lt
Declslon on Tax Case.
The supreme court has adhered to Its
former decision in tho case of Logan County
against Carnahan. Thle was on a rehear
ing. The decision was written by Judge
Holcomb and the former one by Chief Jus.
tlce Sullivan. In the former opinion It Is
held that a county cannot maintain an ac
tion for the closure of a tax Hen unless
based upon an antecedent tax aale certifi
cate or tax deed, and the petition in this
case, failing to show there had been Issued
a tax sale certificate for delinquent taxes,
a as deemed defective in substance, and
therefore a general demurrer Interposed to
the petition praying for foreclosure of the
tax Hen should have been sustained.
AMrms Omaha Cases.
The supreme court has affirmed the de
cisions of the lower court In two tax casea
entlt'ed "The Omaha Savings Bank, Ap
pellant, and John H. Caulfleld against the
City of Omaha, Appellee," and "The
Equitable Trust Company, Appellant,
against the City of Omaha, Appellee."
The lower court dismissed Injunction
suits Instituted to prevent the city from
collecting special assessments and the su
preme court affirms these decisions. The
syllabus In the Omaha Savings bank case
Is as follows:
While a purchaser at an execution :-ae
takes the real interest of the debtor, and
la not neccsnarlly concluded by the ap
praisement, yet wner- tne amount or a tax
lien, which has n'i been mentioned or in
cluded In the deivee. haa been deducted
fiom the gross appraised value at the prop.
CONDITION OF THE WEATHER
Forecast for Nebraska Warmer Thursday;
Friday Fair.
Temperature at Omaha Yesterday!
Hour, Dear. Hour. Dea.
ft a. m ...... ns 1 p. m '
H a. m r,n 3 p. sn TO
T a. m ...... KM :i p. m . I
Si a. m ...... M 4 p. ....
f a. m. . . . . . 81 B p. m ...... T
lO n. m.,,,,, till 41 p. ni.,... Of!
It a. m , a T p. m
12 m 04 ft p. m. . . . .. OT
9 p. m US
SULLIVAN PLAYS FOR EVEN
Chicago Broker Plana Spectacular
Raid of the Board of
Trade.
CHICAGO, June 3. Prompt action on the
part of directors of the Board of Trade
and several members of the Board of Trade
firms forestalled the service of warrants
today for alleged violations of tho statutes.
Charges of "pretended buying and selling
of grain" without any Intention of deliver
ing were brought against the Individual
directots and chnrges were also preferred
against Louis R. Fyfe, L. II. Manson, B. B.
Bryan, Lorenzo J. Lamson and S. Warren
Lamson, Board of Trade operators, by two
men who are said to have been victims of
the recent raid upon the establishment of
George T. Sullivan.
Arrangementa were quietly made, how
ever, for the perfecting of bonds for all
parties and a spectacular raid of the board
and offices of Its members, which was to
have been a part of the program, waa
voided.
President Chandler of the Board of Trade
said:
This attack on the Board of Trade.
through its officers and directots and a
few of Its members. Is an act of retalia
tion and revenge on the part of the bucket
shop men on account of the board with
holding from them Its market quotations.
They are desperate since the failure of
their last scheinn to capture the open
Hoard of Trade and work it us a quotation
factory.
The Hoard of Trade Is more than willing
to put to the test of the law Its methods
of dealing. In fact. It has already stood
the test or the law tor more man nrty
years, and has been adjudicated upon
by the courts of last resort, and this fact
must be well known to the people who
are Instigating these suits.
The attack is prompted by men blinded
with disappointment and rage, as they
realize the Impending annihilation of their
lawless business.
EXCURSION TRAIN 'WRECKED
Conductor and Four Negroes Are
Killed and Number of Othera
Are Injured.
COLUMBIA, 8. C June 8. Six miles out
from Sumter an excursion train on the
Atlantic Coast line, loaded with negroes
coming Into Columbia to spend the day,
eurly this morning ranMnto a washout
caused by a cloudburst the night before.
Conductor Clements was Instantly killed,
aa were four of the negroes, one being a
woman, and about thirty passengers were
injured. Engineer Wilson was badly
scalded, but not seriously injured. .
Surgeons were sent on extras from both
Bum.ter and. Columbia. A netrTo who saw
the washout ' made a' desperate effort' to
warn the train With a piece of red paper
In his hand, but the engineer either did
not see the signal or saw It too late.
Killed:
J. J. CLEMENTS, conductor, Wilming
ton. FRANK ROBS AND HIS WIFE, MIN
NIE ROSS, of Sumter.
JOB DAVIS of Marlon.
NED WESTON of Sumter.
Weston died on the relief train on
way to Sumter.
his
WILL BE TRIED AT JACKSON
Court Declines to Grant Change of
Venue In Jett and White
Murder Cnaea.
JACKSON. Ky.. June 8 -The order
changing the trial of Jett and White mur
der cases to Morgan county has been with'
drawn and the casea will be tried here as
soon as a Jury can be summoned from an
adjoining county.
Curtis Jett and Thomas White, alleged
murderers of James Marcum, were brought
Into court by a file of soldlera today. The
court's order of yesterday to hold their
trial had not been entered and upon the
auggeatlon of Commonwealth Attorney
Byrd of the Inconvenience and danger to
witness entailed the court directed that the
order be not entered and that the cases go i
to trial heVe. The judge will appoint a
deputy to go tn Brother county and get a
Jury.
The jsll guard wa called out last night
by a number of shots which were appar
ently fired In the Jail to annoy the soldiers.
Otherwise everything Is quiet.
SEEK RATE MODIFICATIONS
Harvester and Steel Repreaevtutlves
Appcnr Before Transcontinental
Frela-ht Bureau.
MILWAUKEE. Wis., June 8. The second
day's session of the Transcontinental
Freight bureau at the Hotel Pflster was de
voted to the consideration of schedules and
discussing the various claims by shippers
for changes In the classification of their
commodities.
Those who appeared personally In support
of their petitions were Wilbur H. Everest ef
Pittsburg, representing the Westlnghoue
company; J. Young, traffic manager of tho
Acme Harvester Co. of Peoria, III., and T.
F. Bentley, traffic manager of the Illinois
Steel company of Chicago.
Movements of Ocean Vessels June S.
At Queenstown Arrived
Majestic, from
New York. Snlled: Ivernla (from
pool), ior Boston. Arrived: Westernland
from Philadelphia, for Liverpool (and pro
ceeded). At Scllly Passed: New York, from New
York, for Southampton; Marquette, from
New York, for London; Montevldean, from
Montreal, for London.
At Southampton Sailed: Menominee,
from lxindon. for New 1'ork; Kaiser Wll
helm der Grosse, from Hremen. for New
York, via Cherbourg. Arrived: New York,
from New York. I'assed: Hurst Castle, at
12:46 a. m
At Liverpool Sailed: Friesland, for
Philadelphia, via Queenstown; Germanic,
from New York, via Queenstown; Kensing
ton, from Mo. ureal.
At Bremen Arrived: Kaiser Wilhelm II.
from New York, via Plymouth and Cher
bourg. At New York Arrived: Teutonic, from
Liverpool; Numldlan, from Glasgow and
Liverpool, via Halifax. Balled: Barcelona,
for Hamburg, via Newport News; Phila
delphia, for Southampton; Kyndam, for
Rotterdam, via Boulogne; Oceanic, for
Liverpool.
At Manchester Arrived: Caledonian,
from boston.
At Oeno Arrived: Victoria, from Phila
delphia. At Brow Head Passed: Dominion, from
Montreal, for Liverpool; Hungarian, from
Montreal, for Glasgow; Aurania. from New
York, for Queenstown and Liverpool.
At Antwerp Sailed: 1'ennland, for Phila
delphia.
At Cherbourg Balled: Kaiser Wilhelm
der Groftse. from Bremen and bouthamyton,
fur New York.
WATERS GOING DOWN
Work of Bepair Begins in the Lately In
undated Towns.
FIRST THOUGHT FOR THE HOMELESS
Communication with Kansas City, Kansai,
Opened by Bteamer.
SYSTEMATIC RELIEF PLANS IN OPERATION
Snn Shows Its Faoe and Both Rivers
Are Falling.
HOUSE TOPS SHOWING ABOVE THE WATER
Rise In the Mississippi River
Threatens the People of St.
Lonla and Points Be
low that City.
(From a Staff Correspondent.)
KANSAS CITY, June 8.-(8pe:UI Tele
gramsKansas City is standing by today,
still hopeful, still alert, ready to act the
moment the now rapidly receding waters
makes action possible. Already the rail
roads are laying their plans and Just as
soon as the tracks are uncovered every
available man will be prorated Into service
rebuilding and repairing. Already arrange
ments have been made whereby all the
money necessary will be forthcoming and
the construction officials have begun to
look up such material and supplies aa will
be required and what Is true of the rail
roads Is true also of the other large busi
ness Interests. The upper floors of ths
Stock exchange building are. Indeed, even
now In the hands of cleaners, although ths
river still rages below. Gas Is now avail
able In limited measure, seven street car
lines are In operation and by tomorrow
evening the water famine possibly will bs
lifted In the business districts.
Besides this the only new developments
today was the establishment of a ateamer
service between the two Kansaa Cltys.
Across the river the smaller sister haa suf
fered most, but even there things are
gradually looking up. At some risk and
considerable trouble supplies have been
taken In to feed the hungry and. accord
ing to latest advices, the same spirit of
eager optimism animates the Kansas as the
Missouri sufferers.
With the passing of danger nnd reopen
ing of the various branches of the publlo
service a growing Interest Is being taken
in the probable chango In the courses of
the twin devastators, the Kaw and the
Missouri. There seems to he no doubt now,
aa Indicated In Monday's dispatch, that
when the present flood finally subsides the
channels will both be changed.
REPORTS WERE EXAGGERATED
Loss of Life In Kansas City Not as '
Heavy as Had Been
Reported. .'-
KANSAS CITY, Jtne 8. -The Missouri
river fell seven Inches between 1 a. m. and
7 p. m. today, and the Kansaa river fell
nine inchea In the same time. The fall of '
both rivers will be at a much faster rats
tomorrow. The sun shone during a large
part of the day and the general feeling
was hopeful. Militiamen and police still
guard all approaches to the flooded dis
trict and soldiers halt pedestrians in tho
reslJence atrtets late at night, for thera
are no street lights, the electrlo light plant
still being shut down. Several street car
lines aie in operation and the othora wi.l
resume In a day or two. The city water
works will begin pumping lato tonlcht, aad '
the business district will be up,i:.ed w1tu
water tomorrow. The railroads are ju'll
giving Incomplete service, but are repair
ing the washouts. v
The reports of heavy loss of life In Kan
sas City, Kan., are not true and the stories
of bodies lying In the drift are unfounded.
The loss of property has not been over
estimated, however. An Associated Press
launch crossed, to Armourdale today and
cruised for miles through the water in
what were formerly streets. In many plaoan
water Is twenty feet deep and the 18,000
inhabitants have fled. Except the watch
men In the packing houses on the river
front, not a human being was to be seen.
Red and white flags hung from the upper
windows of some houses, the occupants
of which had evidently been rescued. N
steps have been taken to protect household
goods In the buildings.
Channel May Chance.
Armourdale will not be Inhabitable for a
long time after the flood subsides. Every
building has been more or less damaged,
hundreds utterly ruined. A strong current
has set through the town and the river
may persist in following this course. In
the old channel . In front of Armourdale
the stream flows moderately, but through
the town the water rushes rapidly. There
will be six feet of solidly parked mud when
the flood nbutes, and this will need to 1 e
j cleared sway. On the flat roofs of houses
that have been uncovered a foot of mud
Ilea.
Kansas avenue, the principal thorough
fare of Armourdale, presents an extrao--dlnary
appearunco, being chocked twenty
feet deep with the debris of houses, tele
graph poles, sidewalks and fences. Tlie
brick buildings have stood, loosing all their
windows, but the water has parked the
streets with rubbish. The clearing away
of the mud and ruins will be a work of
months.
Argentine, seen from the river, seems to
have suffered little further Injury slnrc
Sunday. In the west bottoms of Kansas
City the waters of the Kansai
river are rushing through the streets llki
a mountain torrent. Several other brick
buildings, undermined by the water, fell to
day. Not one wooden building is fit to l e
used. The elevated railroad Is tearinr
down a number of Its stations, which w
to'auTing. The police are very active I t
the wholesale district, where many loadcl
freight cars stand on the tracks, and tho
warehouses are full of goods. Men prowl
ing around In boat are compelled to ac
count for themselves under the pain of
shooting. In the stock yaida district dead
horses, mulea and cattle are unloading o:i
every side. The elevated roadways are
full of cattle driven from the pens, and th j
necessity of looking after these animal t
makes the district busy, men going about
in boats.
Railroad Losses Great.
The losses of ths railroads on loaded am'
empty cars standing In the yards of the
west bottoms. Is even larger than repre
sented. The contents of the loaded car i
must be seriouslv Injured and practically
all of the thousands of cars have beon
overturned, twisted or smashed. The sub
sidence of the water (eft a fringe of dry
area next to the bluffs In the west bottoms.
Ths owners of houaes and stores vacated
(Con tin und on Page Three.)
1