The Omaha Sunday Bee. I PAGES 1 TO 10. I PART I. ESTABLISHED JUKE 19, 1871. OMAHA, SUNDAY MORKl AUGUST 2, 1903 TII1KTY-S1X PAGES. SINGLE COPY FIVE CENTS. 1 - , -! J NISA King Partly Blamed for Breakdown of the Social Pleamrei of London. GIVES FEW AND MEAGER ENTERTAINMENTS saaaxsasauBa Borne Alt Offended at Being Omitted from the Invitation List. TRADESMEN ARE BITTERLY COMPLAINING Third Season in Succession Which Has Been Disastrons to Them. WEATHER CONTINUES TO BE MISERABLE tome Talk that the Beautiful Gladys Deacon May Become the Wife of the Duke of Norfolk. (Copyright, 19(3, by Press Publishing Co.) LONDON, Aug.' l.-(New York World Cablegram Special Telegram.) The Lon don season, Just closed, was the worst on record from every point of view. The king Is greatly blamed for contributing to this breakdown by his few and meager enter tainments, lie gave only one state ball and grossly affronted many of the leading aristocrats by leaving them out. Neither the duke of Rutland, who once was a cublnet minister, nor Lord Brassy, for merly a colonial governor, nor many other titled personages with almost prescriptive right to cards were Invited. Consequently many of the peers are furious, bitterly complaining that they have been set aside to make room for a number of American who have no claims to be present. So the king's courts are generally jQtedjnetirLAnil tedious. Then he has not given a single garden party. It Is said that he cannot afford to entertain on the present civil lint, as his annual allowance of 12,350,000 ij called, and Is making out a casu for an Increase. There are a variety of theories to ac count for the disastrous season. . Some people think it is being transformed and again will be the same as It was before motoring and restaurant dining became popular. Other social observers say the cycle of the lean years has begun and that people have little money to spend. But the weather has had much if not most to do with the season's failure. Since then the weather has been broken and unsatis factory. Goodwood week, the final summer meeting place of high life, saw a deluge of pitiless rain. "A million and a half sterling (16,753,000) would not cover the Ions sustained by the West End drapery houses In consequence of the bad weather," said the manager of the principal one to the World ' corre spondent. Tradesmen Complaining- Bitterly, The cup of the London tradesman, who lives on the luxuries of the rich, la over flowing. The queen's death ruined the season of 1901, the postponing of the coro rmtlon destroyed .that of 1902, and, what ever the cause, the culmination, the catastrophe has come In 1903. Though en tertaining Is stopped, many fashionable people are sJll ralnbound here. The weather is so cold, wet and generally dis agreeable that many have not the heart to face the dullness of the country nor the chances of discomfort on the continent. There still are a number of Americans left. Ambassador and Mrs. Choate are likely to stay on at Carlton House Terrace all through the autumn, with the exception of making an occasional visit to the country. Secretary and Mrs. White and their daugh ter ere still here also, but will leave very soon for a stay of some weeks at Carlsbad. Second Secretary Carter and Craig Wads worth will stay In London all through August. Senator Lodge has been staying some days at the Thomas hotel and has been en tertained by American admirers. The gossip about Murlob White being be trothed to Austen Chamberlain was stimu lated by the fact that Austen sat with Secretary White In the dlplomatlo gallery throughout Colonial Secretary Chamber lain's big speech In the House of Commons Wednesday, while Muriel was with Mrs. Chamberlain In the ladies' gallery. Gladys Deacon had been the guest of the duk of Norfolk and his sister. Lady Mary )icnavd, at Arundel castle. The Invitation extrntled to the lovely American girl has been a subject of much comment, as the duke la one of the most reserved of men and has no liking for the new and rich who, year ' after year, get firmer footing In London society. Chance for Coronet. Since the death of the duchess, sixteen years ego, the duke has lived almost the life of a monk, except when official duties at oourt compelled him to appear In public. Moreover, the duke Is not a lover of young people and seldom Is seen speaking to the young girls of society. That Miss Deacon haa been down more than once to Arundel by the duke's special Invitation haa of course given rise to rumor, and It Is sug gested that Mlaa Deacon, being a Roman Catholic, and the duke a Catholic leader, being anxious fur a direct heir to his duke dom, the bright American girl might have a chance one day of wearing a coronet with strawberry leaves. The duke Is a great scholar. Mlsa Deacon is an exceptionally clever young woman, well read and a bril liant con veranllona list. The feud of years between two New York Women In English high society, Mrs. Arthur Paget and the countess of Essex, has been healed. Ie began even before Lady Essex's marriage and was attributed to the sudden success attained by Adele Grant (the countess' maiden name) In London society, oome umer tnings were saw on Both sides ana me anupamy was mougnt to be un- Parl, has become likewise the seat of appeasable. But Mrs. Paget, who Is eml-1 numerous houses of this sort, all under nently a common-sense woman, asked the j ground, and the number seems to be grow dowager duchess of Manchester, also a j ing. The officials employed in France s jsew xoraer, to act a intermediary be twsen them. "It is so very awkward." Mrs. Paget ,. meet A le's a so' ' co "I LM - 1 ,Tn COUntry currently stantly nouses ana not te on speaking terms. It makes It so uncomfortable for one's hostess. Whether this be so or not, the duchess was succesBful and Lady Essex consented to be reconciled on condition that "Mr.. Paget come, to apak to me first and be fore a number of people." To thl. Mrs. Paget agreed, went up to her one day recently a. If they had been friend, for years, and said "How do you do, Adele? I hope you are quite well. And how are the children?" Though Lady Euci is not deficient n nerve herself .he was taken aback by Mrs. Paget'a unruffled self-possession and an swered somewhat stiffly. But now thy sa- (Con United oa eooad Page.) FINDS PLEASURE IN OLD AGE Dowager Duchess of Abercorn at 01 Is Happy with Descendants Aronnd Her. (Copyright. WO, by Treos Publishing Co.) LONDON. Aug. 1 (New York World Ca blegramSpecial Telegram. ) With lfiO de scendants gnthered about her In the com paratively short space of her ninety-one years, the dowager duchess of Abercorri la one of the happiest as well as one of the most remnrkablo peeresses that the British empire can boast. A background of famous women add their own to her dis tinction. She Is a granddaughter of the celebrated Jane Maxwell, duchess of Gor don, and a niece of the duchess of Rich mond, who gave the notable ball at Brus sels on the eve of the battle of Waterloo. A daughter of the sixth duke of Bedford, she married James, the first duke of Aber corn. In 132, and among the many notable events that haa marked the seventy-one years since then the duchess Includes two periods as the first lady of Ireland during her husband's Incumbency as lord lieu tenant. They celebrated fifty-three anni versaries of their wedding before the duke's death left her alone. At the garden party which marked the re cent birthday of this marvelous old woman, who still retains her faculties unimpaired, the baby daughter of Hon. Charles Lamb ton (the duchess' great-granddaughter) was the youngest. Of her seven sons and seven daughters the eldest son, the present duke. Is neartng his sixty-flfth year, while the eldest daughter Is several years his senior. On the birth of this daughter, the first child, the happy father asked the then marchioness what gift she would choose. She asked for a locket with a picture of the baby. This precedent was followed at the birth of each succeeding child, and those precious lockets, mounted In amethyst and diamonds and strung on a gold chain are constantly worn by the dowager duchess. As a young girl Lady Louisa Russell was a beauty closely resembling the lovely "Lady Gordon, her ancestor. When at 20 her marriage took place, she and her youthful husband, then Just 21, were called the handsomest marquis and marchioness ever seen. Like all true grandmothers, the dowager duchess Is the good fairy of all the clan that call her "Granny". She makes It a point to be present at all the marriages. When Lady Beatrix Wilkinson, daughter of Lord and Lady Pembroke, was married, she presented her favorite gift, a bracelet with two words In diamonds "from Gran nie", now her proudest title. Her love for "old splendid" as her husband was affec tionately known, has passed Into a proverb In English homes. In London the distin guished couple resided In Chesterfield House, where their entertainments, balls, dinners and croquet parties were among the "smart est" affairs of the 'Pfs. Her Interest In social events has never died. While the guest of her daughter, Lady Blandford, In Park street, Grogvenor square, the aged duchess accepts Invitations and takes the keenest relish In meeting the distinguished people of the day. The little girl who danced at a ball given by George IV. and has lived through the brilliant reign of Victoria, Is the loyal subject of King Edward and deeply con cerned In events of his rule. CHORUS GIRLS MAKE A HIT French Newspaper Man Thinks Those of America Are glmply Entrancing;. (Copyright, 1903, by Press Publishing Co.) PARIS. Aug. 1 (New York World Cable gramSpecial Telegram.) "The dance of the American chorus girl Is the most origi nal and delicious creation in all America," Is the verdict of Jules Huret, the French newspaper writer, who is studying the manners and customs of America for the benefit of the French public. He thinks eld Europe would be likely to be distanced If the American chorus girls should Invade Its shores. He defines the danoe of the chorus girls as the old French "can-can" step, embellished with the waltz step and the Cakewalk. The Joy and gladness.the American chorus girls put into the dance gives the languid dancers from grand opera "a black eye." Mr. Huret finds the American play a ad mixture. "The type," he says, "Is a sort of vague operetta, composed of half a dozen intrigues between fiances, who quarrel, and who end by marrying, cele brating the occasion by dancing a Jig. The actors in the American theaters know how to dance a Jig and accompany It with bad singing. The women can't sing much and the men not at all. There is neither taste, proportion nor order In the American drama. The novices of France would , suc ceed better." The variety shows he deems more Inter esting and the negro in these shows he re gards especially amusing for his appear ance and singing. Huret, however, objects to his eternal smile and expanse of white teeth. Mr. Huret specially admires among American actors In the legitimate Richard Mansfield and Julia Marlowe. However, even the fascination of the chorus girl hps In no wise reconcile the French correspondent to the country as whole. The hurry of the Americans In eating, talking, sleeping and breaking records Is too much for him. He longs for Paris and rest OPIUM DENS MULTIPLYING Officials Returning from the Orient Held Responsible for the Growth. (Copyright, 1903, by Press Publishing Co.) ' PAR13. Aug. 1. (New lork World Cuble gram Special Telegram.) Opium dens have multiplied so fust In the coast cities of FrunCe, such as Toulon and Cherbourg, that j th8 government has been forced to take cognizance of the evil as a serious menace. Asiatic colonics learn to smoke opium and return to Frauce with the habit fixed. j Then they look for some one to cater tMe.r taste, and thus new opium den. are vt up and tha 'd "e" relnforcl- CHAINS BECOME IRKSOME Rasslaa Woman's Vow necessitates a Difficult Suralcal Oprr. atlon. ST. PETERSBL'RO, ,Aug. l -New York World Cahlegram-8pecial Telegram.)-A singular opermutn una juai wen perrormea on a young woman In a hospital of Kostow, Russia 8he had made a vow. In case some Kwish was granted, to wear chain, about her body fur two year.. At the end of that time the flesh had grown up around each link of the chain. The operation of remov ing the chain, proved very delicate and difficult. Tha young woman la XI year old. i ROW OYER FURSITCRP In Thi Particular Instance it it Ivory and of Great Value. .o of ACCUSECURZON OF MAKING GOOD TRADE Qeti the Old "-'mom and Present the Maharaiah wiVi a Nw Gun. FOLLOWS CUSTOM OF HIS PREDECESSORS Expression of Wish for Native Valuables Considered a Command. CAUSES INQUIRY IN HOUSE OF COMMONS Considered Unfortunate Present Vice roy Has Been Caught la Practice of an Old Custom. (Copyright. 190S, by Press Publishing Co.) LONDON, Aug. l.-(New York World Cablegram Special Telegram.) Viceroy Curzon's possession of the maharajah of Benares' historic suite of white Ivory furniture prompted a question In the HOuse of Commons this week. Mrs. Smeaton, whose husband, Donald Smeaton, occupies the Important official position under Lord Curzon of finance com missioner for Burmah, tells one story In a letter to the press. The official explanation offered In the House of Commons waa that on seeing this suite ef furniture lying in a very dilapidated condition, and hearing that the maharajah took no Interest In It, Lord Curxon offered to buy It. That thereupon the maharajah sent It to him as a present and Lord Curzon In return gave the maharajah a sporting gun worth $150, the furniture being valued at about 1500. Mrs. Smeaton says the maharajah's min ister told her that Lord Curzon signified a desire to possess the suite, which expres sion to a native gentleman was equivalent to a command to hand It over, which the maharajah accordingly did, receiving In exchange a rifle that cost $150, she says. The suite now is practically priceless and cost originally (5.000. Mrs. Smeaton adds that the maharajah was most reluctant to part with It. It may be added that it Is well known that most Indian viceroys and their wives have been accustomed to levy tribute of valuables on native princes, as any Jewel or article they admire Is always sent to them. In Curzon's case it Is unfortunate that this transaction has been exposed. WAR RAGES OVER "PARSIFAL" Artists Who Are to Sing and Widow Wagner Pass Some Acrimo nious Compliments. (Copyright, 1903. by Press Publishing Co.) BERLIN, Aug. 1 (New York World Ca blegram Bpeclal Telegram.) Manager Con rled of the Metropolitan Opera house of New York said to an Interviewer in Vienna after leaving hre?" -'' 'I have lived for years in dread that some second-rate manager would hit on the idea of performing "Parsifal" In New York, as it Is not copyrighted in America. Such a one would produce the 'opera with In sufficient means, making it ridiculous and spoiling the American taste for wandering to Bayreuth. I am sparing no trouble nor expense to secure a performance worthy of the subject. The salaries for one "Parsifal performance will be $8,000." . Mr. Conrled'a Intention to produce "Farsl- fal" in New York continues to agitate musi cal Germany In an extraordinary way, Ternlna, the great Bayreuth 'prima donna, who has signed with him, has found It necessary to Issue a statement explaining her action. She says someone else would have been employed If she had refused; that she could not afford to decline Mr. Con rled's terms, and that the whole secret of Widow Wagner's objection Is financial. Widow Wagner haa published a letter charging Van Rooy by Implication with prevaricating to her as to his contract with Mr. Conrled. She says Burgstaller and Frau Ternlna have not answered her Inquiry whether or not they Intended to sing in "Parsifal," adding: "There Is still honor among artists, and they might break their contract. One should not do everything for money." ' SNAP AT THE VANDERBILTS Section of Herman Press Objects to Civilities Shown Amer ican. (Copyright. 1903. by Press Publishing Co.) BERLIN, Aug. 1 (New York World Ca blegram Special Telegram.) Protests against Emperor William's civilities to Cornelius Vanderbllt and to the ordering of the military governor of Dantzlc to call on the American are plentiful throughout the German press. The emperor Is bluntly told that it Is no business of a German general to entertain his private ac qualntances. The Dally Rundschau, refer ring to Mr. Vanderbllt, snarls: "For whose merits we Inquire In vain, whose only special quality Is the accident of Inherited wealth. It is foolishness to Imagine that this kind of thing Improves German-American relations. We only lower ourselves in vain and give occasion to a nonentity, for whom we don't care a button, to consider himself a grand seigneur." The true explanation of these outbursts Is the anti-American feeling, not any special sentiment of objection to Mr. Vanderbllt CANNOT SEE THE END OF WARS Senator Clark Has Little Faith in lie anlts of the Peace Conferences. (Copyright. 1903, by Press Publishing Co.) cibTegram Ieavln(f Parl. for tha Pyr.nee. genat" Clark of Montana said to the World cor- Paris. Aug. 1. (New York World respondent: "I am resting, not being Interviewed. Still I will admit looking forward with great pleasure to a few weeks vacation among the Pyrenees, after which I shall return to America In September. "The depression in the copper market I. due to overproduction in connection with other contributory causes, among which j possibly Is the agitation for universal peace Indicated by the visit of the French deputies to London. "But personally I do not believe that Inter-parllamentary agitation will affect armaments. Even if the nation, should agree to disarm, manufacturer, would con tinue to manufacture gun. and build war ships. Uses for guns will always b. found." . alatcr Taken as Text for Disserta tion American Art In General. (Copyright, 1903. by Tress Publishing Co.) PARIS, Aug. 1 -(New York World Cable gram Special Telegram.) Artist Whistler a death prompts a writer In the Gaulols to say: "There la no American school of painting. Each artist Is Influenced by one school or another. Mr. Whistler alone had a very clear-cut personality which owed nothing to anybody except his principles to the French school. "Let us tako care; It is well to form for eign artists, but the metropolis of arts ought always to remain superior to them. "There Is not, as yet, an American school of painting, but there are already many American painters, and great ones, who will In time form a school. "Mr. Sargent Is the most celebrated of American painters. Dannat likewise Is a great artist, but I find nothing American In his art. He takes his vigor from Rlbert and his color from Soya, and might. as well have been born In Seville or Valence as New York. The marines bf Mr. Harrison were remarkably true, and something in the talent of Mr. Marcus Simmons reminds me of Turner. "More than thirty American painters ex hibit 'Hors Concours' at the salon, and sev eral have been decorated with the Legion of Honor. Whistler had the cross of officer of the legion." Count Robert de Montesqulon recounted to the novelist, Edmond de Ooncourt, his Impressions of Whistler, who painted his portrait In 1891. At the first sitting Whistler sketched roughly for two hours with fever ish haste. Afterward the sittings were numerous (there were seventeen) and pro longed. Whistler would choose a brush, throw It down and take up another. In. three hours there would be fifty touches, but so sure and accurate that each one took away a veil from the obscurity of tha sketch. The count recalls these sittings with a sort of anguish. He had the Impression that Whistler, Judging from the Intensity of his attention, was taking his vitality from him, absorbing some of his Individuality. The count had to take a particular kind of coca wine as a tonic after each sitting. It is related that Whistler had a great penchant for white hats, kept all those he had ever worn, and had a large collection. MOTORS SUPPLANT THE TRAINS Quite the Thing: Now to Do One's Traveling; In an Auto mobile. (Copyright, 1903. by Press Publishing Co.) LONDON, Aug. 1. (New York World Ca blegramSpecial Telegram.) In England few now travel to their country houses by train who have motors, and several ardent motorists are going to various parts of the continent this year in their own cars. Mrs. Ronalds will go soon to Homburg to Join her son and his wife, who are motoring there, Her laughter, Mrs. Ritchie, Is also motoring from Ostend to Homburg. Mrs. J. W. Mackay haa left London for Parts, whence she intends to iolot to Gsstern, a health resort In Austria. As soon as Parlia ment adjourna Prime Minister Balfour In tends to "mote" from London to his place in Scotland. He has arranged to do all of his autumn speaking campaign through Scot land and England In his motor. Nearly at ways he Is accompanied by his sister, who shares the driving with him. DUMONT IS GREATLY PLEASED Has Satisfaction of Seeing; Some One Tako HU Balloon Fad Serlonsly, (Copyright, 1908, by Press Publishing Co.) PARIS, Aug. l.-(New York World Cable. gram Special Telegram.) Santos Dumont told the World correspondent today that he Is greatly pleased that the French mln Inter of war haa officially recognized his ballooning experiments. He referred to the visit of war ministry officials to his balloon shed following General Andre's letter ac ceptlng his offer of the use of his flotilla of airships in case of war. "One doesn't constantly risk his life without some motive more serious than pleasure," Santos told the correspondent. "My ambition Is to arrive at a point of perfection In ballooning where my experi ments will result In actual value to the world, whether for military purposes or otherwise. As furthering this end I am glad to find myself taken seriously." ADVISED TO J-00K AT HOME Henry Rochefort Compares American Lynching with KJahlneA? Affair. (Copyright, 1903, by Press Publishing Co.) PARIS. Aug. 1. (New York World Cable gramSpecial Telegram.) In an article headed "The Mote and Beam" Henry Rochefort compares a lynching in the United States with the massacre of Klshl- neff as a commentary on the American pro test to Russia against barbarity. He places the striking facts in each case In parallel columns, coupled with brackets to empha zlse their similarity. He does not forget to qucte the Judge of the supreme court who says that lynching Is assassination, and adds that in 1901 there were 113 lynchlngz In one state of the union. THREAT TO EXPEL SISTERS People of Joaa of Arc's Birthplace Greatly Aarltated on Ac count of It. (Copyright. 1303. by Press Publishing Co.) PARIS. Aug. 1 (New York World Ca blegramSpecial Telegram.) The threat of expulsion hanging over the Catholic Sisters of Providence of the village of Domremy, Joan of Arc's birthplace, greatly agitates HUheMo'they hav lng a decree sign the people there. For many year, they of the village gratuitously. e been left In peace, hold ing a decree signed by Louis XVIII and dated 1818, giving them the right to keep a girl's school. All the little girl, in the school are named for the Immortal Joan. SELL MOUNTAIN AT AUCTION Twenty Thousand Dollar. Paid for One Located la Swllser. laad. , (Copyright. 1303. by Press Publishing Co.) BERNK, Aug 1 (New York World Ca blegramSpecial Telegram.) Mount Baulle. of the Jura range in the canton of Vand, Switzerland, ha. ju.t been sold by auction for $20,750 to Mr. Ronsel of Pontarhet. It Is not known what uae he intend to make of his mountain. MERGER WINS CASE Minnesota Oourt Decides in Favor of North- era Securitiei Oompanj. STATE LAWS SAID NOT TO BE VIOLATED Federal Suit Involving Sherman Act Not Binding on Local Tribunal COMBINE HAS POWER TO ACT ILLEGALLY Communitj of Interest Held to Give Oppor tunity for Wrong Doing. NO EVIDENCE OF OFFENSES COMMITTED Judge Refuses to Rale That Oppor tunity to Gala Advantage by Peaal Acts Proves De fendants Guilty. ST. PAUL, Minn., Aug. l.-Judge Loch- ren today, in the United States circuit court, handed down his decision in the case of the State of Minnesota against the Northern Securities Company, the Great Northern Railway Company, the Northern Paclflo Railway Company and James J. Hill, as President of the Northern Securities Company, In which he sustained the contentions of the defendants and dis missed the bill of complaint of the state. He finds that the Northern Securities company has not violated the state laws forbidding the consolidation of parallel and competing lines of railway through Its ownership of the stock of the Great North ern and Northern Pacific railways. He refuses the Injunctions asked by the state of Minnesota to restrain the Securities company from voting the stock of the two railroad companies or either of them. This decision affects the results of the federal government's victory in the circuit court in no way whatever, Tne reaerai suit involved the same defendants and the same general state of facts, but was based on a totally different contention of law. Federal Suit Kot Similar. The federal suit in which the Securities company was beaten was prosecution for violation of the Sherman anti-trust law passed by the federal congress. The state suit in which the Securities company wins was based on an allegation that the defendants violated acta or. we Minnesota legislature forbidding the con solidation of parallel and competing lines of railway. The hearing of the state suit was begun Friday. June 6. before Judge Lochren In tha federal circuit court. It followed the submission of much testimony by both sides for many months In which Frederick G. Ine-ersoll of this city acted as referee, The final arguments lasted nve aays, in which Attorney General Douglass, former ntnrntv General George B. Wilson and Attorney D. Munn spoke for the state, nenrsa B. Young. M. D. Grover and C. W. Bunn.for the defense. Thu mh waa eubmltted Wednesday, June 10. An appeal to We unitea ouiies supreme court is now ponding In the led eral suit. ' ' Findings syf the Court. Judge Lochren in his decision aay in Part: . ' ... Th. ,1fenria.nt. tne ureal iMonnern nan- wav company. Is a Minnesota corporation, which, as stated In the bill, acquired the properly riirina and train lllses and the management of various specllled railway corporations. That the defendant, the Northern . Pacific Hallway company. Is a Wisconsin corporation, which filed Its arti cles of incorporation in Minnesota, und In SKi purchased and acquired all the railroad properties, jallway lines, right of way, roll ing stock and lranchises of the earlier Northern Pucitio Ralltoad company, and. as ulso stated In the bill, acquired the property rights and franchise, and the management and control of other specified railway cor- p(That"sald Great Northern nnd Northern Pacific companies now, and for many years, severally own, operate and maintain a main line of railway extending from the cities of Duluth, St. Paul and Minneapolis, west ward, across the state of Minnesota, Mon tana. Idaho and Washington to Puget sound, with many branches along the route of each, and that said two systems of rail roads are as to each other parallel and competing lines of railroad, at least be tween cities and towns reached or traversed by the lines of both of said two railways, among which are Duluth, St. Paul. Minne apolis, Anoka, St. Cloud, Moorhead, EaHt Grand Forks and several other towns In th. nia of Minnesota, and that a reason able degree of competition for traffic be tween places so situated on both said lines of railway has existed in the past years. Recites Act of Legislature. After reciting the act passed by the legislature of 1874 forbidding the con solidation of parallel lines of railroads, the act of 1888 permitting one railroad company to consolidate Its stock and franchise with the stock of any other rail road which might be connected and operated together to constitute a continuous main line with or without branches; and calling attention to the fact that the same statute reiterated the prohibition ogalnst con solidating parallel lines. Judge Lochren calls attention to the passage of the anti trust law passed by the state legislature In 1899 forbidding combinations In restraint of trade or commerce between the state of Minnesota and other states and Its penalties, and then gives a complete history of the merger proceedings. Sherman Antl-Trnst Act. Under conclusion of law, the court says, after reviewing the number of supreme court decisions of tfte Sherman anti-trust act: The proper construction of the Sherman anti-trust act, so far as It relates to rail road trannportatlon, as deduced from decisions of the supreme court appear, to be thl. The act applies to railroads: and all con tract, made between railroad companle. for the purpose, and having the effect of preventing competition by fixing rates, or empowering persons to tlx them agreeing to conform to them when fixed, are In restraint of trade and within the provision, of the statute, whether the rates so fixed are reasonablo or umeasonable. That contract, between divers manufac turer, of a commodity renpecttng their sale, of that commodity to be delivered by thpm outside the atate. having the dlreil effect of .lining competition and raising the coat of the article, to the purchaser Is also In restraint of trade and within the Not In Restraint of Trade. That contract, which do not directly and necessarily affect transportation or rala therefor are not In restrain of trade or within the statute, even though they may remotely and indirectly appear to have some probable effect In that direction. The atate anti-trust statute must have the same construction with reAnect to truffle on railroads within tha state. Neither the Great Northern company nor the Northern Pacific, company were parties to or In their corporate capacity had anything to do with the formation of the Northern Securities company nor any of the contracts or pro ceedings complained of In the bill. The Northern Securities company Is merely an investor In and owner of a majority of stock of each of these two railroad compa nies. It has dona no act and made no con tract In restraint of trade or commerce. The action of the defendant Hill In pro moting the formation of the Northern Se curities company, under the circumstances (Continued oa Second Page.) THE BEE BULLETIN Forecast fur Nebraska Generally Sunday and Monday. Fair 1 London Social Season a Failure. Cursnn la on the Carpet. HIM Wine Out In Merger Case. First llnllotlng for Pope. 9 Four Killed in Wreck on Wabash. Chinese Reformer Itrnten to Death. Wabash Is to Hnter !ew York. 3 Vm From Mrbruska Towns. 4 Man lianas Himself In Park. Preparing for Fall Carnival. ' A Men on Trial for Assaulting; nlrls. Military Spectacle by Guardsmen. a Puat Week In Omaha Society. T Jackaonlnn Clnb Picnic. Affairs at South Oinaha. 8 Council IllnfTs nnil Iowa News. Manchurlan Iloor Closed Six Years. O Results of the Hall names. 10 ovel Sports at the FleldVClub. Other Sporting Krenta. King; t-'.ilwaril Visits Cork. 11 Flss Water that Is Cool. Tno Tales by Criminals. 12 Amusements nnd Music. 13 Sporting; Review of the Week. 14 Editorial. 15 How to Take Ont n Patent. Bright Bunch of Maverick Stories. Digest of Latest Labor Laws. Galveston's Wonderful Sen Wall. IS Mystery About Hydrophobia. Captains of Kami Industry. lt Financial and Commercial. Temperature at Omaha yesterday! Hour. Dev. Hour. Drg. 5 a. m . (tt 1 p. m ..... . T4 O a. m tit It p. m 71 7 a. m lt :t p. in Tt M a. ni t: 4 p. in 77 J a. m M ft p. m 77 10 a. m lis 1 p. hi 7H 11 a. lu 71 7 p. m 77 lit m 73 CALAMITY JANE DIES IN TERRY Koted Western diameter. Who First Reached Black Hills In '7l, Succumbs to a Spree, TERRY. S. D., Aug. l.-(Speclal Tele gramsCalamity Jane, one of tha best known characters In the west, died this afternoon In Terry after a short Illness, the result of a protracted spree. Jane came to the Black Hills In 1876 as k part of a bull outfit, dresned in men's clothing, and during the trip doing a man's work. Before coming to the Black Hills she had gained fame on the plains, being a well known character about army posts on the frontier, and taking part In one or two campaigns against the hoBtlle Indians. During her life In Deadwood and the Black Hills she maintained her repu tation for recklessness, and at one time was a spy for the road agents operating upon the stage lines between the hills and the railroad. During her later years she met with many reverses and at last sank to the lowest levels of the Boclal strata. She was a kind hearted woman and during an epidemic of fever in Deadwood In the early days, rendered splendid services as a nurse. She had been married several times, her latest husband, Burk, leaving Deadwood under a cloud. When she died she was destitute, .but during hor lastlllness waa cared for by some of the old timers of Terry, who had known her In the early days. Her lemalns were taken to Deadwood "this evening, where they were given In charge of a num ber of old timers, who have made arrange ments for her funeral. She will be burled Monday afternoon, and will he laid beside Wild Bill, who Is burled in Mount Moriah cemetery In Deadwood. 0TTUMWA MANIS DRUGGED Lies Dying; In Chicago After En counter with Stranger In That City. CHICAGO, Aug. 1. James Morgan of Ot tumwa, la., is at the County hospital in a semi-conscious condition and may die. He Is suffering from a fractured skull and the effects of narcotic poisoning. Morgan was arrested today on the west side wandering aimlessly and unable to give an account of himself. Soon after he became unconscious and was sent to the hospital. LAte tonight he recovered consciousness for a short time, during which time he said he lived in Second street, Oltumwa, and came to Chicago In connection with his Insurance business. He knew nothing of his movements thereafter except that he had met-a stranger. Morgan Is apparently about 40 years old and according to papers In his pocket has a wife and two children In Ottumwa. His appearance Is that of a prosperous business man. The police are working on the theory that he was drugged, assaulted and robbed. TARKI0 MAN HANGS HIMSELF III Health Is Suppoaed to Caused Him to Commit the Act. Have TARKIO. Mo., Aug. 1 fSpeclal.)-William Fuelling, living five miles west of this city, committed suicide yesterday by hanging himself. Ho placed a rope around his neck, fastened It to a tall pole and allowed his body to drop. Tho supposition Is that his neck was broken by the fall. He was about 65 years of age, was born In Germany and never learned to speak English. All of his relatives living In this section of the state are prosperous farm ers. The dead man had not been well for some time and this Is said to have lead him to commit the act. Movemeats of Oceaa Veaaels Aug;. 1. At New York Arrived: New York from Southampton and Cherbourg; LaTouralne from Havre: Perugia from Naples. Sailed: Kroonlnnd for Antwerp: Minneapolis for Ixindon; l.'mbrla for Liverpool; Pretoria for Hamburg, via Plymouth and Cherbourg; Anchnrla for Olasgow; Victoria for Naples and Marseilles, etc. At Liverpool Arrived: Victorian from New York; Campania from New York. Sailed: Etrurla for New York, via Queens town; MavHower for Boston. At Plymouth Arrived: Koenlgen Louise from New York. At Bremen Sailed: Bremen for New York via Southampton. At tjueen'town Sailed: Cedrlo from Liv erpool for New York. At The Lizard pBHaed: Amsterdam from New York for Rotterdam. At Cherbourg Arrived: . Bluecher from New York via livmonth for Hamburg fund proceeded). Sailed: Philadelphia for New Yor!:. At Antwerp Sailed: Finland for New York. At Rotterdam-Sailed : Ryndam for New York; Riecattxk fur Newport News. At Havre Arrived: La Oaacogne from New York. Sailed: La Champagne for New York. At Indtistrahiill Passed: Corinthian from Montreal for Glasgow. At Greenock Arrived: City of Bombay from Phllidel.ohla. At Movllle Arrived: Columbia from New York for Glasgow (and proceeded). At London Sailed: Mesaba for New York. RAMPOLLA IN LEAD Conclare Secrets Leak Out Showing Way the Cardinals are Voting. TWO BALLOTS GIVE THE SAME RESULT Leo's 8ecretarj of Btate Has Twenty to Twelve for Vannutelli. FOUR CLERICAL PRINCES VOTE IN BED Special Looked Eos Taken to Colls of Sio'c Members. ELECTION CONDUCTED WITH MUCH POMP Ceremonies Consume Great Part of Day Spent In Fruitless At tempt to Choose New Papal Ruler. LONDON. Aug. 1. A dispatch from K:n says Cardinal KampolUi led on tlio second ballot, followed by Keraflno Vnnutelll. 11 1'letro, OreRlia. Cnpecelutro. Gottl. Agll ardl and Svampa in the order named. ROME. Aug. 1. The first day of the conclave has ended and no pope has been elected. Both this morning and ihls after noon all the members of tho snered college except CardlnnlM Herrero, Bsplnosa, Crc tonl, Lsngenicux nnd Coulllo, who were confined to their cells by Illness, entered tho Slatlne chapel, where, after the column ritual appointed for the occasion, they dropped their ballots In the chalice. Thut these gave to no candidate the necessary forty-two votes was mnde known to Home and to the world by the smoke of the burn ing ballots which issued from the Slstine clin pel. Tomorrow the cardinals will veto again, both In the morning und afternoon, but what chanco there may be of their arriving at a decision before Monday none can tell. First Itallot 1 ntmportant. It Is reported this evening that tho Rnm polla party wns In the ascendant, but tills cannot be taken ns any indication of the final result, as the vote for Pope Io's secretary of state may be split up or given In Its entirety to some other cardinal. Ap parently reliable Information, which, how ever. It is Impossible to verify, gives tlio following result on the first ballot: Hampolla, 20. Heratino Vannutelli, 12. Gottl. 7. OreRlirt, 6. 1)1 1'letro, 4. t'iinecolatro, 4. Agllurdl, . The remainder being scattered. Humor generally assigns Monday ne the most llltely day on which an election will be made. No one here seriously expected the car dinals to select a pontiff on the first bal lot, hence this morning few were present In the piazza of St. Peter's, though In the Immediate neighborhood 1.000 tmops and gendarmes stood Idly In the shade of the colonndes. In the afternoon the sun blazed down and St. Peter's at 4 wns just as deserted as on the day Leo died. Boon after, hew evef, crowds began to gather. First came the priests and monks of all denominations In their queer colored cassocks, and women from the poorer parts of the city, carrying children with them. By B thousands had gathered at the steps of the basilica and along the left side of St. Peter's rquare, from which points only was the Sistino chapel visible. Every eye was turned toward the long, narrow tin tube, with a conical top, whlchi rises crookedly from one end of the chapel. It might well be an Improvised nmoko out let for a hovel, instead of for the world watched beacon which alone can give the sign awaited by so many millions. As evening drew near the crowd Increased, Roman princes and princesses driving up ar.d watching from their carriages through opera glasses the tin smokestack which glistened in the sun. Prince Orslnl, the head of the Homnn nobility, who . shares only with Prlnco Colpnna the hereditary right to stand next to the papal throne, sat on the steps of St. Peters beside an old beggar woman. Like her he watched Intently for the smoko signal, but no smoke came. Priests Ignore Church Call. The bells of the basilica rang out the call to vespers, but no one went In. The priests, pacing the steps of St. Peter's, prayer books In hand, muttered the evening office with an ever watchful eye on the Slstine chapel. The suspense became In tense; even the street urchins who luul come In large numbers to gather the dis carded ends of cigarettes thrown away by tho nervous crowd, stopped their work and gazed toward the chapel. Several false alarms of "ecco la efumatu" (there is the smoke) caused a thrill of ex citement. Then came a rumor that a pope had been elected nnd many persons rushed to the basilica in order to get good seats when the announcement was made. The Impression that a choice had teen reached was heightened by the appearance on tho walls of the Vatican of a few officials In full uniform as for a great ceremony. Whon 0 boomed out from the big clock of 8t. Peter's there was a sea of upturned faces focused. In Intense anticipation, on the Slstine chapel's crooked smokestack. Three minutes later came another cry This tlmo It was true. From the conical top 3 the stack curled out a tiny streak of smoke, so light, so faint, that it win scarcely dlstingulahable even against the deep blue of the cloudless Italian sky From tho crowd came a sigh of relief' Still watching with craned r.ecks they siw the smoke thicken and die down and In two minutes all trace of today's futllo voting had vanished into air. Slowly and with much speculation as to what had occurred within the conclnvo and the likelihood of sn election tomorrow tne crowds dispersed. The historic, method of giving the world the only information it Is supposed to get regarding the election of a pope had served Its purpose with dra matic thoroughness. During the afternoon workmen were bvsy In St. Peter's preparing the great window facing the Interior of the banlllca, from which the new pope, immediately sfter h's election, will give his first benediction to the Catholic world. A number of the diplo mats accredited to the holy see have btcn at the Vatican during the day, stopping at the wicket gate, but not having any com munlcatlon with those within the conclave. The most Interesting period at the wick t Is when communication with those secluded within the precincts of the conclave are received after being examined by the mar shal and the gowrnor of the conclave. The latest reports are to the effect that th condition of the cardinals who are 111 h somewhat Improved. The rule, of thj conclave allow a cardinal who I. suffering from illness to leave and even to return If he so desires. , Cardinals Hecelve Communion. Tha cardinals all wok. this morn-