Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 02, 1903, PART 1, Image 1

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    The Omaha Sunday Bee.
I PAGES 1 TO 10. I
1 - , -!
King Partly Blamed for Breakdown of the
Social Pleamrei of London.
Borne Alt Offended at Being Omitted from
the Invitation List.
Third Season in Succession Which Has
Been Disastrons to Them.
tome Talk that the Beautiful Gladys
Deacon May Become the Wife
of the Duke of
(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
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
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
nouses ana not te on speaking terms. It
makes It so uncomfortable for one's
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.)
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
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.
French Newspaper Man Thinks Those
of America Are glmply
(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
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-
Rasslaa Woman's Vow necessitates a
Difficult Suralcal Oprr.
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.
In Thi Particular Instance it it
Ivory and of Great Value.
.o of
Qeti the Old "-'mom and Present the
Maharaiah wiVi a Nw Gun.
Expression of Wish for Native Valuables
Considered a Command.
Considered Unfortunate Present Vice
roy Has Been Caught la
Practice of an Old
(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.
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." '
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
Senator Clark Has Little Faith in lie
anlts of the Peace
(Copyright. 1903, by Press Publishing Co.)
Ieavln(f Parl. for tha Pyr.nee. genat"
Clark of Montana said to the World cor-
Paris. Aug. 1. (New York World
"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
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.
. alatcr Taken as Text for Disserta
tion American Art In
(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
"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.
Quite the Thing: Now to Do
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.
Has Satisfaction of Seeing; Some One
Tako HU Balloon Fad
(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."
Henry Rochefort Compares American
Lynching with KJahlneA?
(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.
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.
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.
Minnesota Oourt Decides in Favor of North-
era Securitiei Oompanj.
Federal Suit Involving Sherman Act Not
Binding on Local Tribunal
Communitj of Interest Held to Give Oppor
tunity for Wrong Doing.
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
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
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
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.)
Forecast fur Nebraska Generally
Sunday and Monday.
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
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.
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
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
The police are working on the theory that
he was drugged, assaulted and robbed.
III Health Is Suppoaed to
Caused Him to Commit
the Act.
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
At Antwerp Sailed: Finland for New
At Rotterdam-Sailed : Ryndam for New
York; Riecattxk fur Newport News.
At Havre Arrived: La Oaacogne from
New York. Sailed: La Champagne for New
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
Conclare Secrets Leak Out Showing Way
the Cardinals are Voting.
Leo's 8ecretarj of Btate Has Twenty to
Twelve for Vannutelli.
Special Looked Eos Taken to Colls of Sio'c
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
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-