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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 7, 1903)
( The Omaha : Daily Bee. i ESTABLISHED JUNE 19, 1871. OMAHA, FRIDAY MORNING, AUGUST 7, 1903 TEN PAGES. SINGLE COPY THREE CENTS. it I ( t I ASKS AN OPEN BRIDGE tTalon Pao!flo Structure, Meant hj Congress to Be GsBeral Thoroughfare. WOOIWORTH SHOWS PURPOSE OP ACT toad and Bridge Built for Extension of Other Linei Westward. CUIMS PERFECT RIGHT FOR STICKNEY ttolaree Great Weitern Cannot Legally Be denied Entrance Into City. SAYS NEW COMPANY ASSUMED OLD DUTIES At Conclusion of Argrument by Respec tive AltorMn Judge Miatr Tnkra nail road Cue lider Advisement. John N. Baldwin, for the Union Pacino. having concluded his argument Wedneeday, 1. M. Woolworth began and concluded his argument In behalf ot th complainant In the Ureat Western ca.e and It la now In to hands o Judge Muugar. Mr. Woolworth old: It was the Intention of tba national congress whan granting- thesa great privileges to the Union Pacific railways, that tha roads should be operated as con tinuous and uniform lines wllh bridges and tracks from tha Missouri river to the Pacific ocean. That the great system should be developed by great energy and great powers for tha purpose of developing this great western oountry. These rail roads were not only to be In connection With one anther, but wltn roads eaat and south. One was projeoted from the mouth of the Kansas river with the ostensible purpose of connecting with the Paclflo road of Missouri. The Iowa Dues had not then been built to the Missouri river. Congress did not sea fit to fix the connecting point at the west, but at the east side of the river. The Sioux City branch was to con nect on tha east aide of the river, but was not to be built until a road was built from the east to that point. Bo with the Hanni bal and 8U Joseph road. "The Union Pacino was established by an act of congress for the absolute purpose of the extension of these lines west. Con gress foresaw the possibilities of the future and Its conception hns been wonderfully realised. Tha act of 1802 provided that it might be changed, amended or modified to suit the publfc Interests. Two years after wards an act was passed modifying that of 12.' This act of 1804 provided also that the act should be amended or modified or changed according to the sovereign will of , the United Elates snd Included In it the authority for the Union Pacific to build this bridge aorosa tha Missouri river, and in express terms, for the purpose of making connections with other roads then built or to be built In the future. Quotes the Act. "Tha ant of XSC2 did. by Imputation, but not by express terms, say that the bridge ,hou!d.,e,.bu!lt. J?ut lbs act -of.,lS6 did ay so, expressly. " And It said further that V.. ,v this bridge, was to be built In order to nana connection wjm me lines on me eastern side of the river. It also provided that In all bridges built across either the Mississippi or Missouri rivers that they should be for the passage of all trains of all roads, with the conditions that the building roads should be properly com pensated for the urs of the bridges. The companies operating under the laws of one state could cross the boundaries of another state from the stato of their origin. The law of 1S62 was passed by a congress that did not comprehend the future. The law of I860, passed on the 26th day of July, provided for the contingencies that were then developing at the close of the war In the development of the west. The St Louis bridge was built by an Independent company,' but the law ssld that it must be built In conformity with the provisions of the earlier paragraphs of the law, which provided for the passage of trains of all companies, and it was not necessary to make this specific provision in the para graph referring to the St. Louis bridge. "The act of 1871 Is more particularly Important In this connection. Congress was particularly careful to state why this act was passed. It stated that it was for a more perfect oonneotlon betweeni the roads at or near Council Bluffs and Omaha with the Union Pacific, or any roads that are hereafter to be oonstruoted, and that the bridge was not for the ostensible con venience of the Union Pacific. It was just as If tha act had said in so many words, 'you shall permit all trstns of all roads at or near Omaha or Council Bluffs to cross this bridge for a reasonable compensation.' Criticises Jobai 1. Baldwin. "Mr. Baldwin takes a wrong view of the Statute. His eyes are blinded and his mind confused by the exigencies of this case. These roads do not conneot with each other. There Is a gap of five or six miles between Council Bluffs and Omaha, and this gap Is filled by the bridge and tracks of the Union Pacific. If this com pany has one characteristic more prominent than another it la Its arrogance. The acts of 1863 and 18M were utterly Incapable of taking In the situation that existed in 1871. "This case Is ruled by the action In the Rock Island case. .The Union Paclflo granted the Rock Island the use of Its bridge and approaches to South Omaha with Its own trains. Tha contention that tha Union Paclflo had exceeded Ita cor porate powers in making this contract with the Bock Island is absurd. The contract was made In direct conformity with the eta of congress, and the Union Paclflo was directed by Judge Sanborn to make this contract, and in this opinion did both Judge Shirs and Judge Brewer concur. Con gress favored the publlo policy of continu ous lints and connected roada. Not only la this bridge subject to the use of other roads, but so are Its connecting tracks. This road creates an interstate commerce fos tered by congressional legislation. The Union Paclflo road ssys we are willing to Jet all these other companies pass ovsr our bridge and use our terminals, but this the plaintiff company shall not do. it must top wnere iv v council Bluffs. If they are aDie to ao mat to this comnanv they are Just as precisely able to do it to other companies. The Great Western stands on exactly the same footing; as the other roaae. . RECALLS LINCOLN'S SCHOOLING Death, at Deaals Haaka' Daaarhter Oceare as Resalt at a Fall. DECATUR, 111.. Aug. -Mrs. Joseph Shoaf, a:d 79, was klltwd by a fall today. Hur father was Itunis Hanks, a rou.ln of Abraham Lincoln, who taught him to read and writ a Mrs. Shoaf'a husband Was a pioneer editor la Illinois, MONEY FOR HIS NATIVE TOWN Andrew Carnegie Gives Two and One- Half Mill - e Be feed hy LONDON. Aug. e. ' ft. iver to ive fifteen representative cltu. town, Dunfermline, who were . Eklbo castle early this week, a t. transferring to them $2,600,000 in 5 pet bonds of the United States Steel corpora tion and Plttenctleir park Andrew Carnegie explained the object ho had In view In these words: . w V , Ikllt .lk, IMV l"fj, V. ' .... Is to attempt to Introduce into the monoto nous liven of the toiling masses of Dun fermline more of sweetness and light, o give them, especially the young, some charm, some elevating conditions of life which their residence elsewhere would have denied, so that a child In his native town will feel, however far he ma v have roamed, that simply by virtue of being surh. bis uie nas oeen made happier and better. Mr. Carnegie proceeded to say that he had provided for this experiment In his will more than twenty years ago. but his retirement from business enabled him to put the schema into operation during Ms lifetime. The problem set to the trustees was: "What can be done In towns to ben efit the masses by money in the hands of the most public-spirited citizens?" If It was proved that good could be done the trustees would open new fields to the rich, which Mr. Carnegie said he believed tbay would hereafter be more and more anxious to And for their surplus wealth. Mr. Carnegie exhorted the trustees not to be afraid of making mistakes, to try many things freely, but to dlsouss Just ss freely, keeping In touch with the masses and constantly aiming to Improve their tastes and give Dunfermline something beyond what was posseassd by other cities. BRITAIN KEEPS TRUST SHIPS Coatruot Signed with Mercantile Ma rine Clves Government Held oa Vessels, LONDON, Aug. 8. The agreement be tween the International Mercantile Marine and the British admiralty and Board of Trade Is published In a parliamentary pa per tonight. All British companies in the combine are to remain on a footing of equality with other British companies in respect to any military, naval or postal services. No British ship Is to be transferred to a foreign registry without the consent of the president of tha board of trade. The ves sels are to be officered by British subjects and carry the Bams proportion of British sailors as prescribed for any other British ships engaged in the same line of trade. The vessels are still subject to hire or pur chase by the admiralty. At least one-half of the tonnage built or acquired is to be registered as British. Any company here after taken Into the combine is to be sub ject to ths same terms. At least a ma jority of the directors are to be British subjects. The agreement Is to. continue, for twenty years and Is terminable thereafter on Ave years' notice. The British government has the right, however, to terminate it at any time should the combine pursue a poliay Injurious to British mercantile trade. . The-company -eorece that the chairman of Its British commission ' shall accept service on behalf of the American company In any suit In connection with the agree ment. The lord chancellor Is appointed referee In any dispute arising out of the agreement. Ills decision to be final. GETS FOOTHOLD IN COREA Koala Closes Agreement for Tract of Laad oa Yala River. SEOUL. Aug. l-As agreement has practically been concluded between Russia and Corea whereby Russia acquires 200 acres of land at Tongampho en the Talu river, on a ninety-nine years' leaae. The application of M. Pavloff, the Russian min ister, for permission to ereot telegraph and telephone llnea to Tongampho has been re fused. The extension to the northward of the Eaoul-Wlju railway is progressing. Previous dispatches said work on the Russian telegraph Una between Au-Tung and Tongampho had been abandoned In consequence of Corean remonstrances. Thereupon M. Pavloff objected to the Japan ess telegraph line from Seoul to Ku san, which was constructed prior to the Russian line. Tha Corean government aakad the Japanese mlnlater to have the line removed, but the minister declined to do so. FLEET TO VISIT GIBRALTAR " - America lmalres Leaves Lisbon Tomorrow oa Way ta British Stronghold. t LISBON, Aug. 6. United States Minister Bryan and some of tha American officers today vlatted Evora. and the castle at Alvlta, In the province of Alemtejo. They were cordially received and a dinner was glvsn In their honor at which toasts were exchanged. The squadron will sail on Saturday for Gibraltar. Admiral Cotton has returned thanks to Captain Augusto Olio, who, by the direc tion of the Portuguese government, has been attending him during the visit. CUBANS CLAIMAMERICAN SOIL Ballread Kaajtaeers Chased Oil Kaval Reservation by Palma's Orders. SANTIAGO. Cuba, Aug. 1 Some en ti nker who were surveying a site for a ter minal of the Cuba Eastern railway on the United States naval reservation at Quan tanamo were warned off by American offi cers, but refused to go. Admiral Coghlan thereupon notified the Cuban government and President Palma sent a revenue cutter, which forcibly ejected the trespassers. The railway, hav ing acquired ths lands, claims heavy dam ages. ZIONIST MEETINGS STOPPED Raaalaa Minister ef Interior Also Prohibits Celleetlans and Subscriptions. ST. PETERSBURG. Aug. i.-Ths gov ernor of the province of Kherson has been Instructed by the minister of the Interior to prohibit all meetings of Zionists snd to forbid collsctlons and subscription! for their benefit. lefrled Wagner Completes Opera. BERLIN. Aug. . Siegfried Wagner haa finished his new opera entitled "Kobold'' (Goblin). The premier porformaj.ee will b given at Loipalo next season. BARGAIN DAY ON 'CHANGE Bank, and Otter Seekers for a Good Thins Buy Stocks Freely. PRICES RISE AS RESULT OF PURCHASES Market Closes Baeyunt and at Day's Hlarh Level After Several Fits ( "erveue Uepree. slon. NEW TORIC. Aug. . Following a weak. almost pan laky, opening today's stock mar ket suddenly revsned Its ouurse, substan tial gains being registered by practically all the better class securities. The aver age of new advanoes was about I per cent. In some Instances gain ware greater. Mew York Central led with a gain of t. The ohange of front, which ooourred In the early afternoon, was doubtless due to several reasons, the most potent of which apparently was the "good" buying which seemed to emanate from high quarters. There is little doubt that stocks were pur chased freely by Insiders, by banks, bank ing houses, financial institutions generally and wealthy individuals because they seemed cheap. Ray Bis; Men Back Itlae. No Justification oould be found for the report industriously circulated that the Vanderbllts, Rockefeller and others with their hosts of followers had entered on a plan to lift prices. As a matter of fact no little part of today's Improvement was un doubtedly due to extensive covering, many on the short side regarding the market as being much oversold. Despite the marked Improvement further talk of trouble and probable failures was heard on every side almost to the really buoyant close. Reports current In trustworthy circles suggest that several firms and Individuals whose affairs were found to be In bad shape have been permitted to make pri vate settlements, thus saving themselves such sacrifices as would hare been made had their holdings been thrown on the market. The day's business was slightly less than 1. 000,000 shares. Stocks that made the most extensive net gains Include Sugar, Amert can Tobacco preferred, St. Paul. Colorado Fuel, Delawsre St Hudson, Denver & Rio Grande, General Electric, Hocking Valley preferred, Illinois Central. International Power, Louisville & Nashville, Metropolitan Subscriptions, North American. Rubber Goods preferred. New Tork, Chicago tt St, Louis second preferred. Southern Pacific, Virginia-Carolina Chemical common and preferred, Wabash preferred, WesUnghouse, Wheeling & Lake Erie second preferred St. Louis & San Francisco, Eastern HU' nols certificates, the latter advancing 10 points. Marked Improvement was shown also in the bond list. Market Excited at Openlna. The markst opened rather excited and there were early declines In a number of securities, caused presumably by fears of further failures. After the first few minutes' trading, how ever. It became apparent that supporting order in the market leaders had been placed asd tha line became atea&Uer. ... . The selling was especially' notable In Missouri Pacific, Union Pacific,, Baltimore & Ohio and Atchison, while St. Paul. South ern Paclflo and Pennsylvania showed sup port. Shortly after 11 o'clock the official an nouncement was made that all sheets had gone through the Stock exchange clearing house without difficulty, thus indicating that all brokers had been able to meet their obligations this morning. The failure of Laid law & Garrie, which was announced on the Consolidated ex change, was not Important enough to have an effect on the Stock exchange. The members of the firm are William R. Laidlaw and Daniel T. Garrie. Laldlaw a few years ago aued Russell Sage, alleging that be threw him In front of the bomb which Norcross hurled at Mr. Sage. Laid law was then oaabler fur Bloodgood & Co., and bappsned to be In Sage's office. Mere Liquidation Takes Place. Persistent rumors of liquidation by "big house" wsre circulated during the noon hour and prices dropped once more some of them to a lower level than before. Stocks that suffered most In this attack Included St. Paul, Reading, Atchison pre ferred, Erie, New Tork Central, Pennsyl vanla. Union Pacific and United States Steel. Shrewd traders on the floor expressed the belief that much of today's liquidation was of a new character, the source of which they were unable to trace. It was this fact that excited considerable apprehension. Toward the close, however, buying; orders came In fairly rapidly and there was general recovery, the market closing buoy ant at the day's high prices. George H. Sullivan, assignee for the firm of Sharp fc Bryan, said today that he would not be able to make any statement in regard to the firm's affairs today. He ssld It might require some time before he could state exactly the condition of ths firm's affairs. Henry B. Ketcham, assignee for the firm of Hurlbutt, Hatch ft Co., said today that be probably would be unable to make a statement of the firm's liabilities before Monday. Mr. Ketcham said that as far as Is has been able to ascertain the firm has o outstanding contracts on the floor of the exchange. He also said that the secured claims, as near as ha could tell at the pressnt time. are less than 1200,000 and the ' unsecured claims are under 1:160,000. The market turned very strong In the afternoon and the buying because animated, New Tork Centre), St. Paul, Missouri Pa oiflo Bouthern Paclflo, Wabash preferred and Amalgamated were conspicuous features of the rally and theae stocks rose from to 2 over lsst nights level. The abaencs of any failures and the ceaaation of the selling out ot collateral in loans prompted large abort interests to cover. There was occassional selling to realise on the rally, but It was without notab) effect on prlcea. TEN-YEAR SUIT IS SETTLED Columbia Celebrations Company Wound I'p After Stern Fight In Courts. CHICAGO. Aug. .-Judge Tuley today ordered the Columbia Celebrations com pany wound up. The company was organ ized In 1S2 to exhibit spectacular playa. Tl a suit has been In the courts for ten vB.s ar.d mere than 100 persons were made dTVrit.unts. ..e:e jrtJ'-aaye. author of "Puul Kauvar," Wtt the lad;ng spirit In the enterprise and Induced prominent capitalists of Chi cago to beoome Investors. These men, as stockholders, are now found liable fur the dobts of the corporation to the extent of their unpaid stock. MRS. HODGE CHANGES STORY Sow Says She Did Hot Fire Knot that Killed Spectacle red- . dler. SALT LAKE CITT, Aug. Mrs. Aurora Hodge, who confessed In Grand Rapids, Mich., that she was Implicated In the mur der of William X. Ryan, an aged spectacle peddler near Murray, Utah, a few weeks go, and who has been brought here for trial, has considerably modified the state ment she! first made In regard to the kiti ng and now declares she did not fire the shut that killed Ryan. Ryan's remains were exhumed yesterday and a large bullet hole found In the top of the head. When told of this Mrs. Hodge appeared much surprised. If he died from that wound. I did not kill him." she said to her attorneys. 'I admit that I shot at him. I tied his hands over ths big tree, but he got loose and started after me. I had to protect my self and fired at him. I fired at his side. It would have been Impossible for me to have shot him In the crown of the head when he was bp and running. He vu not tied when I shot at him, and If he was found tied some one else did It" Mrs. Hodge persistently refuses to give anl information as to the Identity of her acoompllce. A picture In Mrs. Hodge's ef fects has been Identified as that of a man seen In company with Ryan and Mrs. Hodge a few days before the murder. Mrs. Hodge at first said the picture was that of her husband. This she now denies. The police believe this man was the accomplice and have reason to believe that he Is In Mexico. LEE WEEPS JN JURY ROOM Called to Give Boodllna Evidence, Former Lieutenant Governor Breaks Down, JEFFERSON CITT, Mo., Aug. . The grand jury Is Investigating a report that an attempt was made to secure money from brewers to effect the passage of ths beer compromise bill by which brewers were released from paying fines for vio lating the beer Inspection law on the con dition that they paid a stipulated sum Into the sttte treasury and obeyed tha law In the fu(re. Former Lieutenant Governor John A. Iee was again a witness. It Is believed he Identified the Lee-Kelly telegrams and told of the transactions to whloh they related. He broke down while In the Jury room and wept, and It was some time before he could continue his testimony. ST. LOUIS. Aug-. . Superintendent Paine of the Postal Telograph company reported this afternoon that his company could not find any messages between former Lieu tenant Governor John A. Lee and D. J. Kelly, the baking; powder legislative agent. in either its Jefferson City or St. Louis offices. Superintendent Franket of the Western Union submitted some telegrams handled by his company. Judge llazell examined them and ordered some presented to the grand Jury. 'I . j POWERS OBJECTS TO JURY Bays that Ont f ainety-Ftve Sum moned Only Two Are Hepnb llcaas. GEORGETOWN. Ky., Aug. 6. In the trial of former Secretary of State Caleb Powers for complicity In the Goebel mur der. Judge Robbins today overruled a mo tion of the defense challenging the Jury panel which yesterday was provisionally accepted. An affidavit alleged that of the ninety- five Jurors only two were republicans, and that deputies, directed by several demo-. cratlo politicians, discriminated In the se lection. The grounds for overruling the motion were that "political affiliation" Is not a dis qualification for Jury service at law. On peremptory challenge the defense excused seven of the prospective veniremen. The court was then engaged in filling their places. Finally a Jury was obtained at 8 this evening. This was not accomplished until the defense hsd used Its quota of per emptory challenges, and five panels had been broken. The commonwealth used only two of the five challenges allowed. The Jury as seated constats of eleven democrats and one republican. The Jury was not sworn, as ths defense will move tomorrow, asking dismissal of the panel as partisan. SANTA FE - TRAINS COLLIDE Five Are Injured In Smash Between Southern Kansas and Freight. KANSAS CITT, Aug. 6. Santa Fe pas senger train No. 203, known as the South ern Kansas, due here at S.SO, collided with a Santa Freight at Elizabeth, Kan., three miles this side of Olaths, as a result of which five persons were injured. The injured: , David Parker, Chanute, Kan., passenger engineer, chest crushed and Internally in jured. Frank Juleson, Chanute, Kan., passenger fireman, leg sprained and shoulder bruised. Charles Zarm, Kansas City, baggage man, back sprained and other bruises. Andy Byrne, Argentine, freight con ductor, riding In cab of freight, back hurt and body bruised. Mrs. Sue Goodln, Hazleton, Kan., arm badly wrenched and side hurt. Ncne ot the Injured will die. The passenger train waa half an hour late and waa running fifty miles an hour when the colllalon occurred. The freight train was trying to make a aiding to allow the paaaenger to pass, but was too long to clear the main track. STRANGER MURDERS WOMAN Attacks Kstraaa-ed Wife in Bed with Lover, Who Is Hacked la Straggle. ALLENTOWN. Pa., Aug. t-Eugene Bloch and Katie Falzlnger. wife of Robert Fslzlnger. were fouud tonight In the lat ter'a apartments with their throats cut, Ths woman was dead, but the man may recover. Mrs. Falzlnger waa horribly slashed on the chest, neck and back. Bloch has a slight cut on the throat and three' cuts on the right forearm. He told the police that the deed was committed by a stranger at 3 this morning, while he'and Mrs. Fal zlnger were in bed. The woman, he said, pleaded for her life and he was wounded in trying to prevent her murder, but help lessness from loss of blood prevented his making an outcry. Mrs. Falzlnger was estranged from her husband. Bloch, whose father hanged him self a month ago, la divorced from his wife. HEAVENS BOMBARD COLORADO Huge Chunke of lea Slay Stock, Vreok Buildings and Destroy Crops. KAW RIVER ON RAMPAGE IN KANSAS BBSMaanmm Smoky Hill, Also Angry Sweeps Away Bridge Erected to Replace Stractnre Lost 1st May Flood. DHNVBR, Aug. i.-Detalls of the storm whloh prevailed along the eastern slops of the Rocky mountains in Colorado and southern Wyoming last night show It to have bsen much more severe than at first reported. In some sections the hallfall was unprecedented. in the neighborhood of Greeley and Eaton, In the northern port of Colorado, chunks of Ice measuring In some Instances ten Inches In length fell, and the damage wrought was immense. Sheep were struck dead In the corrals and cattle and horses were severely Injured. Farm houses and barns were wrecked and crops utterly wiped out of existence. Near Greeley a man named Johnson was severely bruised and rendered unconscious by the halL Near Lafayette, Colo., there were two storms, the second following the first within fifteen minutes, and with greater eoverity. The streets of the town were flooded, cellars partially filled with water and trees and shrubbery stripped of foliage. Many windows were broken. The crops In the country surrounding were destroyed. Hall lay on the ground in many places two feet deep. The damage In and around Lafayette Is estimated at tMO.OOO. In southern Colorsdo the rainfall was heavy, approaching; the , proportions of a cloudburst In several places. Railroad traffic was stopped on the Rio Grande for some time by washouts. The Santa Fe was also seriously affected. Porter Pilots Train. FLORENCE, Colo., Aug. . As the re sult of the heavy rainstorm a wall of water several feet deep came rushing down Hardscrabbbls canon this morning carry ing away fully fifty feet of the 100 feet bridge that spans the creek east of this city. Previous to this W. A. Watklns, porter on the Denver & Rio Grande passenger train No. 8. piloted the train safely into tha yards In this ; city walking ahead of It for five miles through water from six Inches to two feet deep. Owing to the numerous washouts no trains are running today between Pueblo und Canon City. Cloudburst at Pueblo. PUEBLO, Colo., Aug. 6. a. cloudburst and terrific electric storm occurred last night west of here. A great volume of water is coming down the Arkansas river, but It is not yet learned that much damage was done, except that the Denver & Rio Grande railroad was washed out In one or two places east of Florence, delaying trains. . , Tourists Rendered Homeless. PJCRRXPARK. Colo.. Aug..' (V-A,. high wind prevailed here this afternoon, during which the roof of the hotel, which waa filled with tourists, was blown off and a pavilion nearby blown down. Five persons are reported injured. Two Inches of Hall at Cheyenne. . CHETENNE, Wyo., Aug. S.-Evldence of damages wrought by the '.vallstorm lost evening, ths worst ever known in this city, are seen on all sides today. Many windows are shattered and splinters broken from shingles and strewn on the streets. Ths ground Is carpeted with foliage stripped from the trees. At the close of the storm, which lasted thirty minutes, two Inches of hall covered the streets and lawns. Gardens are ruined. River Rises at lanrcace, LAWRENCE, Kan, Aug. A, As a result of . the heavy fall of rain here and west last night the Kansas river haa risen about three feet in the last twelve hours. The current Is swift and has undermined the north end of .the new approach to the wagon bridge, and continues to eat away the north bank. Flood Bridge Swept Away. JUNCTION CITT, Kan.. Au. 1 An Inch snd a half of rain here last night caused the Smoky Hill liver to rise rapidly, and it Is now up over ten feet. ' A hundred and eighty-foot temporary bridge here that took the place of one of the steel bridges that was washed away .by the flood of May was swept away last night and the only remaining bridge across the river in this county Is In great danger. Knw River H!b at Topeka. TOPEKA. Kan., Aug- A rainfall of B inches over this territory aftor midnight has started the Kaw river upward rapidly. Many north Toptku citizens are alarmed by the heavy rainfalls of the last few days and the reports of rising tributaries of the river tt the west and ars packing up their valuables and preparing to flee to higher ground. Kansas City Feels lafe. KANSAS CITT, Aug. 6 The Kansas river has risen slightly since yesterday and It Is believed, the water coming this way from the wast will spread out before reach ing Kansas City snd that no damage will result at this point. Cedar River Out of Baaks. CEDAR FALLS, la.. Aug. . SpeoIal Telegram.) From cloudbursts west and north the Cedar river was swelled to high water mark last night, raising eleven feet in a few hours, flooding cellars and houses and carrying away soma live stock. Camp ers along the banks made hasty retreats to high ground. ROBBERS STEAL HOTEL SAFE Take It Into Street and Blww It Open, but Are Then Fright ened Awny. SEATTLE. Wash.. Aug. 6 At 4 o'clock this morning robbers removed the Bafe from the bar of the Washington hotel (formerly the Denny) and rolled It down the side of a steep hill, on which the hotel Is situated. Into Stewart street. Paasersby, Including street car men going to work, aaw the men, but paid no attention to them. The robbera drilled tha safe and planted dynamite and stepped out of harm's way. Several police stopped within 100 yards to look at the safe lying In the street, and the possibility of safe cracking was sug gested. While they were looking the safe exploded. People came running from all directions. The safe crackers, of whom some say there were two and some say three, made a dah at the safe to get its contents, but were frightened by people who came running down from the Wash lug ton hotel, and bolted and lsft the 1300 which It contained. CONDITION OF THE WEATHER Forecast for Nehrsaka Fair Friday, Ex cept Showers In Southwest Portion; Sat urday Showers and Cooler. Temperature at Omaha Yesterday I Hour. lies;. Hour. A a. tn OT 1 p. (la-ia M1 Sn. T su m UW Up. n. m ...... TO 4 p. a. ni Tt II u. lO a. m Tn p. It a. m T4 T s. 13 sn.... T4 K P. l)ea. . . TO .. in .. 19 i ..... 19 in T4 in i p. m DEFENDANTS GET MORE TIME Beatrice la Given F.xtenaion In Which to Answer tn Cases Pendtnst Acalnst It The two mandamus cases of the Tomp kins County National bank and the Bangor Savings Bank were argued before Judge Munger In the United States circuit court yesterday afternoon by Judge Davis, city attorney of Beatrice, and C. B. Massllch representing the complainants, as was the Tompkins County National Bank against the City of Beatrice, to restrain the coun cil cf that city from diverting funds to tha general funds, presumably set aside for the payment of certain Judgments against the city. The defendants were granted an exten sion to September 1. when the cases will be disposed of without any further order of the court. Defendants are directed to file briefs before that time. The continu ance was by agreement of both parties. The contempt cases were held In abeyance. SAILORS DRAW COLOR LINE Petty Officers on Ship Refuse to Eat with !fea-ro Carpenter's Mate. NEW TORK, Aug. 1 The color line has been drawn on board the United States re ceiving ship Columbia at the Brooklyn navy yard. The chief petty officers have refused to mess with a negro who has Just been sworn in as chief carpenter's mats. They have asserted their unwilling' neas to associate with him In any way or to receive or carry out any orders that may come to them through him in the line of duty. Isaao Miller, the chief carpenter's mate, la not a full blooded negro. He haa been In the navy many years and haa a good record. For a long time prior to his recent promotion, which was for merit, he ranked as carpenter's mate of the first class. When Miller appeared at the chief petty officer's mess on Wednesday eight other members left the table. Miller ate his dinner as If nothing out of the ordinary had happened. Since then he haa had no company at his meals. He has been al lowed when he reached the table first to eat alone, and when others have preceded him he haa waited until they finlahed eat ing. Captain Bnow says Mlller'e rights would be protected, aa the navy makes no dis tinction as to color. VESSELS SEIZED BY, SHERIFF Application Writ to Made ' by Firm Furnlshlnar the Material. ELIZABETH. N. J., Aug. . Five ves sels now being built at the Crescent ship yards have been selxed by the sheriff on a writ of seizure granted by the supreme court commissioner on the application of Frederick L. Heldrltter & Co., timber and lumber merchants of Elizabeth. The seizure Is made tor lumber and other materials furnished by the firm and used In the construction of the vessels. The vessels seized are the gunboats Tam plco and Vera Cruz, being built for the Mexican government; the ferryboat Plain field, being constructed for the Central ralload of New Jersey; the steam yaoht Czarina, building for Charles S. Bryan of New Tork, and the sldewheel steamer building for Charles M. Schwab. SUICIDE FLEES CASH TROUBLE Cheyenne Man Spends Eight Tenrs In Colorado Sprlnits and Then Badi Life. COLORADO SPRINGS, Colo., Aug. .- William O. Shaptott, a mining and real estate man, shot himself through the heart In his office In the Gazette building thia afternoon. He left a note saying financial troubles had driven him to suicide. This afternoon his wife found a note bid ding her good-bye and saying he had atrug- gled against fate long enough and would ahoot himself as soon as he got to his office. She Immediately notified the police, but they arrived live minutes too late. Shaplott came here eight years ago from Cheyenne, Wyo. SINGLE MAN DELAYS MAILS Refuses to Sail with HU Ship and Must Kew Stand Trial. BOSTON, Aug. . John Keenan, a steam ship foreman, refused to sail with his ship, Admiral Schley, and delayed its mails about tnree-quaners or an nour on weanesaay was held for the grand Jury by Comrats slonar Flake today, charged with retarding the United 6tates mall a Assistant Attorney General John Casey summarized the case as follows: This man disregards the lights of the t'nlted States, disregards the law on tha statute hooks ss to the retarding of the United states mans, Disregards the conse quence of his soUon in retarding mails in oraer to sianu vj hub union. BIG ESTATE IN DISPUTE Kew Tork Lite Declares Jane C, Brown's Denver Representatives Gellly at Conspiracy, DDNVER. Aug. . Papers filed today in the supreme court allege a conspiracy against the legal representatives of the Jane C. Brown estate and her heirs and creditors to retain possession of the estsf e and thus defraud ths New Tork Life In surance company of Its rights. The insurance company says Henry C Brown, aa sole devisee of hla wife. Jane C, Brown, conveyed the property claimed by It after the death of Mrs. Brown and after the probate of her will. The property In- volved Is said to be worth over 12,000.000. Movements of Oeeaa Vessels An. 9, At Port Said Arrived: Deucalion, from London, Antwerp and Liverpool, fur Heal tie. At QueenBtown Sailed : Nordland, for Phi adr nil a: M.ijestle. for New York. At Brow Heart FatiM-d: Commonwealth, from Hoston. for Oueenstown and Liver oool: Cevlc, from N-w Tork. for Liverpool At The IJzard Paid: La llreUs"ne. xrom xsw zers, ior jiavre. POPE PIUS RUNG IN Fits Hundred1 Omro Belli Peal Deafening Greeting to New Fontitl DIPL01ATS RECEIVED AT THE VATICAN Ministers Aocredited to Holy gee Extend Congratulations at Beception. HOLY FATHER AN EXPERT POLITICIAN Convenes Freely iB French on Affairs in Foreign Countries. SARTO'S SPECIAL GUARD WEDS YANKEE Count Mneeloll te American Xewe. paper Correspondent and Has Fre unently Visited In I ted States, Whence He Took Hla TTlfe. ROME, Aug. (.The attention of Rome Is centered on Sunday's convocation, for which great preparations sre being made. The throne of St. Peter, which Plus X will occupy, will be surrounded by a canopy forty feet high. The pope has Informed' the Vatican ofrl clale that he wished to be received on ths threshold of the basilica by Cardinal Ram polla, who aa arohprlest of the church will address the formal greetings to him. At the conclusion of the ceremony tha pope will confer his blessing on the people, but It has not yet been decided whether he will do so inside the church or from the balcony looking out on the piazza, where many hoped he would beatow his benedic tion on the day of hla election. It la aald Plus is In favor of the latter plan, bat the influence of the Vatican officials Is against It. as It might be Interpreted as n recognition of the present state of affairs In Italy. The coronation ceremonies are to be hell tn St Peter's Itself, which represents n concession, as Leo was crowned In thi Slstlne chapel. Although It la estimated eo.000 tickets win be issued for the event, the demand for them is great. At the consistories to be held on Monday and Thursday the pope will confer the red hat on Cardinals AJutt. Tallanl, Katsoh- t&ler and Herro y Esplnosa, who were raised from the purple on June 28, but who have not received these symbols of rank because of the illness snd death of Leo. It Is believed the Spanish cardinal, Herro y Esplnosa, will not be able to attend the coronation ceremonies. Bells Clans; for an Hour. During- one full hour this morn ing there seemed . to be nothing but vibrating sounds, so penetrating were ths strokes of the bells of about 600 churches which, s!l ringing together, absorbed all other noises. The ringing was In honor of the election ot Plus X a weloome unique of Its kind. and ordered by Cerdlnal-ResplgnJ.' vlcat-of V noma, waa isnusa special . instructions All the churches contemporaneously- cele-' , b rated masses for the event, the Intonlrg ' of the Oremus combining with the har mony. The bells Involuntarily served an other purpose, that of ringing In the great ceremony of the reception of the dlplomatlo body accredited to the Holy See. Rome has - lately been surfeited with Vatican functions, but that of this morn ing was so striking that it held lta own with the others. The members of the sacred college gath ered before the hour set for the ceremony and held a kind of formal reception, the conclave, short as It was, having brought them cordially together. A procession wns then formed. First came the Swiss guards. which give a peculiar medieval splendor to all papal gatherings, then the Palatine guards, followed in Irregular ranks by the whole pontifical court. In Its multiform ar.d multicolored costumes, the cardinals in all the gorgeousness of their scarlet robes, and the blahops, scarcely less striking, In their purple.. Pope Reeelvee the Diplomats. The pope, In spotless white, his gray hslr In harmony with his whole attire, and sur rounded by the Noble guard, who always remain near his person, went on foot JuhI ss the others. The procession having gained the hall of the throne, where the members ot the dlplomatlo body were gathered, Ssnhor d'Antus, the Portuguese ambassador, the dean of the corps, rsad In a clear voice the collective greeting of hla colleagues, presenting their homage to the new popo and assuring him of their fidelity. Plus X answered with great cordiality. thanking tjiem heartily for their good wlahea. All then kissed his band, and the pontiff took this opportunity of speaking personally to each, showing a knowledge of the politics of the divers countries which surprised the diplomats, the pontiff being credited with taking small Interest In af fairs outside ot Italy. It was another surprise to them to hear him speak French, If not fluently, at leant with a certain readiness. Altogether, the whole audlenoe gave promise of a new era of International cordiality at the Vati can. Coronation Services eta Sanday. The coronation ceremonies will be per formed at St. Peter's on Sunday, according . to a rite dating from the latter part of the fousteenth century. As the pope enter the church a bishop of the papal chapel holds up before him a reed surmounted by a handful of flax. This is lighted; It flashes up for a mo ment and then die out at once, a tho chaplain chants: "Pater s.niuie, sla transit gloria mundl." (Holy father, thus passeth away the world's glory.) This Is done three times. The maes Is then begun aa usual, but before tha In carnation ot the altar; the "blessing of the pontlfl-slsct" is pronounced by three cardi nal bishops, each of whom recites a prays r over him. After the collects come the so called Laudes, that Is, the three-fold sup plications to God for the welfare of the new pope. The coronation Itself takes place after the mass on the balcony of the portico of Bt. Peter's, overlooking the great piazza. The second cardinal deacon takes oft tho mitre, which until now the pope has worn, and then the senior cardinal deaoon (Macchl) places the tiara on his head, asd all the people cry out, "Kyrte elelson." The pope reckons his pontificate from his coronation day. although, of course, he Is pope from tha day of his election. Plus X has sppolnted hla conclavist. Mgr. Bressan, as his private chaplain, which means that he will also be the pontiff s chief private secretary. The pope has derided to hold a Secret consistory ou Monday next and a publlo consistory on the Thursday following. Howe Town I'eteo Pope. The mayor, ot ZUese, the blrtaplao (