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The Omaha : Daily Bee.
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ESTABLISHED JUNE 19, 1871.
OMAHA, FRIDAY MORNING, AUGUST 7, 1903 TEN PAGES.
SINGLE COPY THREE CENTS.
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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 .
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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 (
