Omaha Daily Bee.
KKTA1IL1KHKI) JI'N'K in, 1S71.
OMAHA, TUESDAY MORNING, NOVEMItEU 24, 1903 TWELVE PAGES.
SINGLE COPY THUEE CENTS.
The
RIOTING IN CHICAGO
Attempt to Start S'.ats Street Car VL
Precipitates M nth Trouble.
STONES ARE PILED ON SEVERAL TRACKS
Pa'.ermirjed Effort ii Mala to Citable the
0-ble Cr Lines.
SHOTS FIRED BY POLICEMAN AND CREW
Out Man Be'iered to Hare Been Shot Dur
ing Fraca
BLISS AND DARR3W STILL CONFER
Uilrr as mm Airrrmrnl Has Been
HmrkrA Which Both Sides n
Accent Without Stultlfylng
Tbfmflfl.
C'HK'AiiO, Nov. 21 While preparations
were bring completed for the opening of
the Slate street cable line, not heretofore
operated during the strike of employes on
the Chicago City railway, rioter engaged
In pott. ng mrs out of commission before
the cart, were started running.
An effort was also made to blockade Ar
cher avenue, where It was apparently be
lieved cars would be run today ax a result
of the State street line opening. Quantities of
rocks were found to have been wedged and
dumped on the tracks. Police were sta
tioned only at street Intersections, except
hrre trouble was 'hotight moet likely to
occur. Fewer policemen were detailed to
ride mi the cars today than -durlng last
wrek,
Serious Rioting-.
A serious riot occurred at Forty-nrst and
State treta when the. trains arrived at
that point. Many shots were fired by
the police and one man la believed to
have- been hit by a bu)let. while several
were knocked down by the officers.
The cars encountered obstacles all along
the line. After removing apikes from the
table slots at Fifty-seventh and Sixty-first
streets, the first train was blocked at
Korty-firHt strtet by Iron rails placed across
the tracks. The police began to remove
the obstacles when from behind a fence
came a volley of stones. The police charged
the rioters with revolvers drawn. A run
ning: fight then ensued. In which the police
fired upon tho mob. By this time a
crowd had collected about the cars and an
other charge by the police was made upon
them before the obstruction could be re
moved. At Twenty-ninth street another mob
blocked the cars and threw stones. . The
police charged, beating mtny persons se
verely with their clubs.
Five trains were put In operation on the
Elate street cable line, which movement
was made whllo the board of directors of
tbe railway company wsre busy formu
lating an answer to the latest proposition
Of the strikers.
' More trouble was encountered by the
State street cable traina on the return trip
near Forty-second street. While the traina
were flown town the mob systematically
choked the cable slot with stones and scrap
Iron and blockaded the tracks with heavy
sttel rails. Hundreds of men, women and
boys then awaited the return of the police
with stone ready to heave at the trains.
Men arid women were reported to have
been knocked down In their own doorways.
Sot res of rioters and bystanders were
wounded by the clubs of rhe police.
Conductor Shoots at Mob.
During- the thick of the fight at Forty
first street Mrs. Charles LJtt. a passenger
on the first car. Jumped from the car and,
braving the revolver shots and all sorts
of missiles, ran thoroughly frightened to a
place of safety. Windows had been broken
tear where she sat, and her face was cut
by glass. Conductor J. J. Prenter, In
charge of the first car, drew a big maga
sine revolver and fired shot after shot Into
the fleeing mob until his weapon was
empty. At Thirty-ninth street the police
resorted to strategy and drove a crowd of
men Into a saloon. Then they surrounded
the building and allowed no one to leave
toil II the traina had proceeded.
Shortly after S p. m. Attorneys Bliss
and Darrow left Mayor Harrison's office,
where they had been In conference for
over an hour. To Interviewers after the
conference Mayor Harrison and Attorney
Darrow expressed themselves hopefully
of a quick settlement, the mayor even men
tioning tomorrow as the time when the
strikers might be back at work. Attor
new Parr"ow said that It was now "only a
question of phraseology."
Attorney Darrow said an agreement had
been reached which both men and com
pany could accept without stultifying
themselves. The agreement so far as ar
ranged, Mr. Darrow said, provides for a
day of not more than eleven" hours and
not leaa than nine a day's work, to be
completed In not to exceed fifteen hours'
time. It further provides that the wage
schedule shall be arbitrated and that all
men on strike who have not committed
deeds of violence shall be taken back by
the company.
Trouble at TUB aery.
Two nonunion men who had ap
plied for work at the plant of
tha American Hide and leather company.
a here a strike is on, were severely wounded
by two strike sympathisers today. The
men who did the shooting escaped. It Is
said that they were being attacked by
the crowd.
Two men, Joseph Placehesky and Anton
Zlmmersky. are suspeoted by the police of
having done the shooting. They formerly
belonged to the union and left It to seek
work in the tannery. They were turned
away by the foreman and as they left the
place were set upon by a crowd of rioters.
The men opened fire and two of their assail
ants fell to the ground. The rest broke
and ran while the nonunion men made their
escape.
book! Brtarbter at Pittsburg.
PITTSBURG, Nov. 23. The grievances of
the street car men against the Pittsburg
Hallway company have about all been ad
lusted. Reatn Urr. national treasurer, who
came here front headquarters at Detroit
to take charge of affairs, says that the
company is disposed to show the men fair
treatment and all talk of striking has been
abandoned.
STROMBOLI CAUSES TROUBLE
Load Esplosloa oau l-'reuuent Krup
tloas Seem to Indicate Im
minent Dlsturbaners.
NEW YORK. Nov. 23. Telegram from
Catonla. report that ratrles of lound ex
plosions and throning out of Incandescent
matter t-how that the sotlvlty of Btronitx.li
la augumentir.g, suvs s J 1 dispatch
frum Nsplva.
NO PEACE FOR SAN DOMINGO
attempt to Compromise Falls anal
niBiliardBiesl Mast Vow Continue
j'l I'ntll City Pulls.
A,
V f -
f'1 MINOO, Republic of Sen Du
nn x ''. Nov. Z". President Wos y
till,';.- 4y '"t" bring about a peace
able u ''v ' with the insurgent-forces
which ar. ,hi" r,t'. today enm-
niippiuiieti
the TJ.'lKlur.
stes Minister Powell,
r, the minister of
llavtl and the .; ilsh consul to visit th.i
Insurgent camp. 'Vonieiiently an armistice
was agreed upon, to expire at noon, and
the pence commission conferred with the
insurgent lenders. The latter, however, re
fused to entertain the peace proposals and
demanded the surrender of the city, but
thy prolonged the armistice until tl o'clock
this evening, after which hour the bom
bardment of Ban Domingo was resumed and
will be continued until the capital falls.
The I'rl'ed State minister's residence
whs destroyed during the previous bom
bardment. The Inhabitants of this city are In a
state of panic.
The Itallnn third-clnss cruiser Llg-unla
and the Dutch armored cruiser Deruller
have arrived hero.
The Dominican warship Presldente went
to Asua de Compnstelu. about sixty miles
from here last night. The sanitary condi
tion of San Domingo Is good, but the poor
are suffering from want of food. The price
of provisions is very high.
RUSSIA THREATENS COREA
Minister of Tsar Say That Hermit
Klnsrdom lust Xot Open
Yonstampho.
LONDON, Nov. 24. The Dally Mall's To
klo correspondent says that tho Russian
minister at Seoul has addressed another
note to the t'orean government declaring
that if Corea should Ignore all warnings
and persist In opening Yongampho to for
eign trade Rusla will take active steps
to deal with the altuatlon. The Corean
government has replied, strongly objecting
to Russia's Interference an a violation of
Corea' s sovereign rights. A communica
tion to the same effect, according to the
correspondent, was sent to tho Japanese
minister at Seoul.
The questions arising from the affray be
tween Japanese and Russians at Chemulpo
have not been settled yet, adds the corre
spondent. WIND TEARS STEAMER LOOSE
Mighty Iteutrhland Is Set Adrift at
Hamburg by the Stiff Storm
Saturday.
RKRLIN. Nov. 23. -The high winds which
have been sweeping over Germany for
twenty-four hours, accompanied by a heavy
rainfall, clntlnue to delay traffic and In
terrupt telegraphic communication and
have caused several railroad accidents.
At one point the wind started several
freight cars Which were on a switch, their
speed accelerated and finally they ran onto
tho main line and collided with an express
train. No one waa badly hurt.
The Hamburg-American line steamer
Deittschland during the- storm on Saturday
tore out the piling to which it was moored
while' unloading at Hamburg and went
adrift. The mooring chain and the pile
struck the vessel and croke a plate for
ward. It Is now at Cuxhaven and will go
to Kiel or Stettin for repairs.
KAISER RECOGNIZES PANAMA
Directs tho German Authorities, to
tilvo New Republic Recognition
at Once.
BERLIN. Nov. 33 Emperor William has
directed the German authorities to offi
cially recognise the Republic of Panama.
Announcement of the recognition of the
new stute Is expected daily.
Nothing has been arranged for the em
peror's vacation In a warmer climate. He
haa simply said that after Christmas he
wishes to go south for a while. It is con
sidered likely that he will go yachting In
the Mediterranean. '
Lord Lonsdale has arrived here on a visit
to Emperor William. A royal carriage was
sent to the station to meet him. He stated
that he Is not the bearer of a letter from
King Edward, but has simply come on a
private visit on the Invitation of the em
peror. THREE YACHTS FIRST COMPETE
Clyde Sportsmen Plan to Put Deslsju.
ers In Competition Before Com
ing; over Hero.
, GLASGOW. Nov. 23. The reported Inten.
tlon of Clyde yachtsman to challenge for
toe America's cup was today confirmed by
the Glasgow Herald. The paper adds: "The
latest suggestion on the subject, which is
favorably received. Is that Measrs. Coatee,
Clark and Donaldson should head three
separate syndicates and have three yachts
designed respectively by Watson, Fife and
Mylno, the yachts to be raced throughout
the summer and the best one to be selected
to challenge In 1906."
SULTAN SAID TOHAVE CANCER
Sick Man of Knrope May Bo Doomed,
, but Declines to Risk nn
Operation.
NEW YORK, Nov. 23. The sultan of
Turkey, frequently alleged to be (II from
one disease or another, is now alleged by
the Vienna correspondent of the Herald
to be Buffeting from cancer of the Intestines.
He is said to have refused to undergo an
operation.
Italy's Halers Keturn.
PI8A. Italy, Nov. 23. King Victor Em
manuel and Queen Helena arrived here to
day on their return from their visit to the
king and queen of England and proceeded
to the royal residence at Roesmore.
FOLK ABANDONS PROSECUTION
Has Judge McDonald Solle Indict
ment of Kmll Kelsenbarsr, Oueo
Sentenced for Uoodliag.
ST. LOUIS, Nov. 23. The Indictment
against Emll M. Relsenburg, once sen
tenced to three years' imprisonment on
conviction of bribery In connection with
the suburban franchise deal, was nolle
prosaed by Judge McDonald today, on mo
lion of Circuit Attorney Folk. The circuit
attorney's action marks the abandonment
of the prosecution.
JEFFERSON CITT. Mo., Nov. 23 On ap
plication of Prosecuting Attorney R. P.
Stone, who Is under indictment on a charge
of anipting bribe money. Judge Hasell to
day granted a change of venue. The case
will go before a siectal Judge, who will be
elected. Prejudice was alleged by t be de-
fcudduL
NEWS IS PRINTED TOO SOON
P.efect of Catholio Propaganda Lectures
Confreres on tho Subject
SOKE CARDINALS HAVE OTHER OPINIONS
Matter Drought 1 p at Meeting; Yester
day, but It Seems That tho
Leak Has Sot Been
Stopped.
ROME, Nov. 23. When the cardinals
composing the congregation of the propa
ganda met today, they received a sharp
reminder that they have at their head !n
the person of the prefect of propaganda.
Cardinal Gottl. a churchman of clearly
defined and strong opinions. Those present
at the meeting were Cardinals Agllardt-
Vannutellt. Stelnhubcr. Segt.a. Plerottl,
Cassetta. Martlnelll, SutoUl. Mathlue, De
I .A Wolpe and Gooti.
The cardinal prefect In his opening ad
dress referred most earnestly to the bad
impression on both the pontiff and him
self by the receipt of remonstrances from
apostolic delegations and from cardinals
abroad against the publication of decisions
of the propaganda before they had been
Informed of these decisions and even be
fore the decisions had been ratified by the
pontiff. This matter hod gone so far, said
Cardinal Gottl, that the results of the
meetings of the propaganda were known
In the Cnlted States even before the meet
ings of the cardinals had been actually
concluded.
Continuing Cardinal Gottl said he had
In the strongest manner called to the at
tention of all the clerks In attendance on
the congregation of the propaganda that
It was their duty to obative the most com
plete secrecy and he wished to recommend
the same course, not only to the secre
taries, Mgrs. Vaccla and Savelll. but even
to the members of the sacred college them
selves, although he added that he did not
suppose for a moment that any of them
would condescend to lower their dignity
by action contrary to the spirit of the
law relating to the affairs of the propa
ganda. Some Believe In Publicity.
Several cardinals greeted the speech of
the prefect by saying "Good, good," while
others considered the speech Inopportune.
These Hatter thought that no damage could
be done to the Interests of the church by
the publications of which the cardinal pre
fect complained, as 11' was known that,
while the decisions of the propaganda
were not valid until ratified by the pope,
It was pointed out that the decisions of
the congregation were rarely rejected by
the pope.
Some of the cardinals expressed the opin
ion that It would be assuming too much
In these days of wireless telegraphy to
hold that tho announcements of appoint
ments made by the congregation could be
leisurely given by mail after going through
so many hands. One cardinal Jointed out
that 4h9 cardinal prefect evidently had
not considered the fact that In the matter
of time, Rome was six hours In advance
of New York.
The congregation next diecusaed the ap
potntmerU of several btehorvs- and arch
bishops, Including a successor to the lata
Archbishop Katxer of Milwaukee, Wis. It
Is reported that the congregation decided
to propose to the pope tor the latter posi
tion the name of Bishop Messmer of
Green Bay, Wis., but this report could
not be verified.
KANSAS CITY KICKING HARD
Committee Earoute to St. Paul Bear
Ina- Threat Asralnst Great
Western.
KANSAS CITY, Mo,, Nov. 23.-SpcIa4
Telegram.) Commissioner Trlckett of the
Transportation bureau. Chairman Parker
of the Board of Trade Transportation com
mittee and other members of this commit
tee left tonight for St. Paul to meet P. C.
Stohr, traffic manager of the Great West
ern railway, tomorrow and present a threat
of boycott of his line by Kansas City in.
dustries unless the Maple Leaf forthwith
grants Kansaa City grain dealers a propor.
tlonal rate to Minneapolis equal to the
one President Stlckney has declared for
Omaha.
Stohr offered to compromise with Kansas
City by making the reduction in tha Omaha
proportional apply only to grain originat
ing In Nebraska. The grain men refuse to
accept that as a settlement. They do not
think It could be enforced legally and If
It could they do not propose to be cut out
of the Nebraska grain without a fight.
They made the appointment to meet him
tomorrow to say that Kansas City must
have the same rate as Omaha.
ODELL TO SEETHE PRESIDENT
Goes to Washington nt Invitation of
Chief Executive and Will
Hot Talk.
NEW YORK. Nov. 23. Governor Odell
arrived here tonight en route to Washing
ton, where he Is to see President Roose
velt. He left the city at midnight. When
asked If he would give the reasons for his
trip to Washington, Governor Odell said:
"I received an Invitation yesterday from
the president asking my presence In Wash
ington." He declined to say whether It was a pri
vate matter or official business that waa
taking him to the capltol.
DANIEL FROHMAN IS MARRIED
Weds Marcaret llllnston. Who Will
Continue with Jnpanese
Ma-bllnaale Company.
NEW YORK. Nov. 23 Announcement
was made today that Daniel Frohman and
Margaret Illingtou, who Is playing the
leading part In "A Japanese Nightingale"
at Daly's theater, were quietly married
yesterday by Judge Henry Bischoff of the
supreme court. Mini Illlngton will con
tinue In the 'Jipanese Nightingale" until
the conclusion of her contract with Klaw
& Erlang3r, when she will retire from the
stage.
TO SELL SUGAR DIFFERENTLY
American BeSalnjr Company An
nounces w System or Code
of Price Making.
NEW YORK. Nov. 23 The American
Sugar Refining company haa announced a
change In Us selling terms and reduced
tha list prices II rents per 100 pounds for
all grades, making standard granulated
1.55c. This price Is net, less 1 per cent fur
cash In seven days, and 6 rents per I'M
pounds from Invoice. No further discounts
or gratuities are allowed, thus eliminating
the ID reuts per lto pounds formerly in
forte and making the net cost unchanged.
REYES USES GENTLER WORDS
Ha Who Talked 'of War on Friday
Pays Prett Compliment
v
on Saturday,
4-
i, Nov. 2X-T
WASHINGTON, rem'. Zt.-Rear Admiral
Coghlsn, commander of the Carlbbenn
squadron, cables the Navy department from
Colon, under date of November 21, that
General Reyes, the speclul commissioner of
the ling,ta government, tenders his sin
cere thanks to President Roosevelt and
Secretary Root for his gracious treatment
at Colon by our naval forces. Admiral
Coghlan confirms the press dispatches that
General Reyes has departed for Washing
ton via Port Limon rW a conference with
Dr. Amldor, a member of the Panama com
mission, and others In the Pnlled States.
Before his departure he Informed Admiral
Coghlan that the Panama government had
cabled Dr. Amldor of his arrival. Admiral
Coghlan further states that General Reyes
expects tc- make smlraMe relations with
the special commissioner of Panama now
In Washington.
The Navy department also has received a
cablegram from Rear Admiral Glass, commander-in-chief
of the Fad lie squadron,
from Panama, under date of November 21.
Stating that the conference of General
Reyes and the authorities of Panama was
without result and that Oeneral Reyes had
sailed for the United States. It Is believed
here that aside from a proposition for Pan
ama to assume a portion of the Colombian
debt General Reyes mission is to advance
the proposition that the capital of Colombia
be transferred to the "city of Panama. This
Is equivalent to the annexation of Colombia
by Panama. The opliiion In official circles
here Is that though fluttering, the proposi
tion will be rejected y the Panama com
missions, i
COLON, Nov. 23. A decree was Issued at
Cartagena November 19 setting forth that
no steamers shall be allowed to clear from
Cartagena for Colon or enter Cartagena
coming from Colon. All tho foreign con
suls and steamship agents, at Cartagena
have protested, without effect, against the
decree.
PERRY WAIVES PRELIMINARY
Former Mayor of CSrand Rapids Slides
His Bribery Case on to tho
Supremo Court.
GRAND RAPIDS. Mich.. Nov. 23.-Ex-Mayor
George R. Perry, charged by Lant
K Salsbury with bribery while the Oar-
man-Cameron water deal was In progress,
waived examination In police court toduy
and was bound over to the supreme court
for trial. Perry furnished ball In the
amount of $5,000.
Alderman Ryan has pleaded guilty to the
Charge of having received $325 as a bribe
from Lant K. Salsbury for his assistance
In pushing the water deal. Schrlver w,is
arraigned In the superior court today and
after pleading guilty waa remanded for
sentence. It la expected that sentence will
be deferred, as Bchrlver will be a witness)
for the state in the other prosecutions.
He haa already told the prosecuting attor
ney what he knows of the deal. In addi
tion to the confessions of Aldermen
Ecbrtver and Ghysela several other alder
men have confessed to. their share in the
deal and are expected., to become state's
witnesses. Their u.mexr, nut yet known,
however.
Schrlver Is to appear December 12 for
sentence. Ills ntory differs from Silsbury's
confession, Ir. that he says he rec Ived 1325,
while Salsbury says he was given &lot). It
develops that Salsbury was to have re
ceived $125,000 cash when the deal was put
through end that he, was to have been
given $100,000 In bonds of the water com
pany which waa to have been formed.
NEELY CANN0J HAVE CASH
t'nlted States Judge I sea Severe Lss
guas;e In Holding- Aaralnst
Him.
NEW YORK, Nov. 23.-Judge Lacombe,
In the United States circuit, today handed
down an opinion overruling the motion
made by Charles F. W. Neely, convicted
In Cuba of appropriating $45,375 of Its pos
tal funds while acting as director of
finances of the postofilce in Cuba, to va
cate the attachment filed -by the United
States against $20,0u0 cash ball deposited
by Neely with the registrar of the United
States court In this district. Neely's coun
sel had moved the dismissal of the at
tachment and civil proceeding on the
ground that the act of amnesty passed
by the Cuban congress In May, 1902,
whereby all Americans convicted of crime
In Cuba during the occupancy of the Is
land were pardoned, removed with It all
penalties and disabilities and that the
money therefore be returned to him.
The United States, which brought the
action prior to tho passage of the amnesty
act, contended that the money so deposited
properly belonged to Cuba, from which
government the defendant had embexsled
It In his opinion Judge Lacombe says: "It
Is difficult to understand by what process
of reasoning a provision as plain as this
amnesty act can be so construed aa to
transfer tho title to property from the true
owner to the thief who stole It."
COTTON MILLS ARE CUTTING
Promised Reduction In Wages Is
Made and Many Mills Are
AfTect ed.
?
BOSTON. Nov. 23. The first of the
numerous reductions In -jvagea announced
In the cotton mills of southern New Eng
land states and a doxen points outside of
that territory went into effect In all but
one Fall River corporation toduy and at
a number of outside mills. Although about
32,000 operatives had been cut down, no
general strike occurred In any mill. To
day's cut averages 10 per cent and places
the pay schedules on a basis with those
paid here previous to the advance of
March. 1902.
The reduction affocted seventy-eight
mills In Fall River operating nearly 25.U00
hands and about a score of corporations
elsewhere in New England, employing about
7.000 operatives. The Fall River Iron
works, operating four cloth mills, will cut
down wages next Monday and on that day
also nearly all Rhode Island and Con
necticut manufacturers will adopt the
lower schedule. A cut In New Bedford
will go Into effect In two weeks.
ZEIGLER'S CASE UP MONDAY
At That Time Governor of Hi York
Will Hear Applluatlon for
Remot e I.
ALBANY, N. Y.. Nov. 23. Governor Odell
today announced for Monday, November 30,
a hearing upon the extradition of William
Zeieier of New York, for whom the gov
ernor of Missouri has made requisition.
X.eigler has been indicted in Cola county,
Missouri, upon charges of having supplied
$1.Ujo with which to bribe members of the
Mlsxiuii legislature la certain baking pow
der legislation.
SUMMERS TALKS WITH RM
Neither Willing to Give Ont Anything
Which Parsed Between The.
MORE CANDIDATES FOR FEDERAL PLACES
One Kntry for Mnrshalshlu nnd
Two Additional Ones for Omnha
Post mdtstrrsh In Senatorial
Committee Places.
(From a Staff Correspondent.)
WASHINGTON, Nov. 2S.-I Special Tele
gram.) This has been District Attorney
Summers' day In Washington. Lost week
Senator Dietrich occupied the lniiortant
place In the public eye but positions have
shifted and the man who succeeded In
bringing an indictment HK.ilnst Nebraska's
senator is now in evidence. Toduy Mr.
Summers had a prolonged conference with
Attorney General Knox. The result of that
conference Mr. Hummers and the attorney
general refused to make known. From n
friend closely nssoclated with Mr. Summers
It Is learned Mr. Summers, in addition to
going over with an attorney general the
evidence, presented to the grand Jury In
the Dietrich Indictment purposes while
here to secure copies of the bond of Jacob
Fisher, the lease on the present pustotllce
building at Hastings and letters referring
to the change of the postofilce site from the
Grand Army of the Republic hall to the
building the government now occupies In
Hastings.
Mr. Summers tonight stated thut present
conditions precluded any utterance from
him; that he was padlocked but he hoped
to get through with his business at Wash
ington and leave for Omaha tomorrow
night. He waa the guest of Senator Mil
lard at dinner this evening.
No Agreement on Judge.
The Iowa delegation after four fruitless
ballets today to determine a successor to
Judge Shiras adjourned till tomorrow at
3 o'clock. Tresent conditions seem to in
dicate that there Is a deadlock among the
seven members of the Iowa delegation,
upon whom devolves the selection and It
is Just possible no agreement will be
reached until the regular session of con
gress. When the southern delegation of
Iowa had a choice of a district Judge de
volvlng upon them it Is said that they bal
loted lor ten week.1, finally compromising
upon the present district Judge, Smith Mc
pherson of Red Ouk who was then a rep
resentative In congress.
Candidates for Federal Plums.
Senator Millard has received endorse
ments for John J. Thompson of Lincoln as
a candidate fur United States marshall for
the district of Nebraska. Two other names
have been added to Senator Millard's list
of candidates for postmaster at Omaha.
William Wallace and D. T. Mount, these
making eleven or twelve candidates for
the position. As an appointment Is not due
for the Omaha postofilce uutll the middle
of December Senator Millard stated toduy
that he possibly would not fake up the
successor ' to present potniatlr, Joseph
Crow, until after the Christmas holidays,
and as for the successor to the present
United Stutes marshall for the district of
Nebraska he thought that the' matter could
well afford to rest until his colleague would
have a chance to participate in the selec
tion.
Sautb. Dakotane Favored.
The South, Dakota delegation saw the
president this morning, on matters relating
to state patronage, but bo far as could be
ascertained, nothing was agreed upon.
In this connection It la interesting to note
that both the South Dakota senators In
creased not only their committee assign
ments In the senate, but were given more
advanced chairmanships. Senator Gamble
going to the head of the Transportation
committee, and being assigned to a place
on the very Important committee of the
District of Columbia, while Senator Klt
trldge goes to the head of that on patents
and is given one or two minor places In ad
dition to retaining his present position on
interoceanlc canals, which Is changed from
a minority to a majority committee, with
Senator Hanna at Its head. '
Changes for Kebraakans.
Senators Dietrich and Millard do ' not
benefit by the changes announced In the
makeup of committees. Senator Dietrich
retains his old committee to Investigate
trespassers on Indian lands, while Senator
Millard retains the chairmanship of "The
Potomac Flats committee" as It Is face
tiously called by his colleagues. Senator
Dietrich goes off the coast defense com
mittee without gaining any other position,
while Senator Millard goes off the Missis
sippi River Improvements and Revolution
ary Claims and is given a place on the
committee to audit and control the con
tingent expenses of the senate.
The Iowa senators retain the same com
mittees which they held In the Fifty-seventh
congress, Allison at the head of the
Appointments and Dolllver chairman of the
Pacific railroads. Senators Warren and
Clark, of Wyoming, retain their same com
mittee chairmanships, the former of claims
and the latter on railroads, but Senator
Clark goes to the committee on Indian af
fairs In place of Clapp of Minnesota.
Charges Against bajnmls.
Charges against J. I J. Bammis, collector
of Internal revenue for the north district
of Iowa, wherein he Is charged with hav
ing exacted money from a deputy collector
to pay the sulary of another deputy col
lector, bus gone to the president for final
consideration. Secretary Shaw waiving- the
right to pass on the matter by reason of
the fact that Mr. Sammls comes from his
home state. It Is expected he will shortly
decide whether Mr. Sammls Is guilty or
not. Additional time has been allowed the
collector to file supplemental statements in
controventlon to the affidavits made by his
former deputy.
Postal Matters.
Rural carriers appointed today: Ne
braska, Malmo, regular, Detlef Arpf; sub
stitute, Bern hard Pagler. Iowa, Blockton,
regular, John C. Whltten; substitute, Trln
nie Whltten. '
Rural routes ordered established January
2. Nebraska, Elba, Howard county, one
route; area covered, thirty-five square
miles; population, 616. Iowa, Mount Ster
ling, Van Buren county, two routes; area
covered, forty-two square miles; popula
tion, 1,205. Soldier, Monona county, two
routes; area, fifty-four square miles; pop
ulation, 1.010.
Iowa postmasters appointed: Nevlnvtllee,
Adams county, Guorge Schwab, vice A. T.
Joy, resigned; Thayer, Union county,
Ralph Bishop, vice R. J. Wilson, resigned.
The application of J. H. Moorehead of
Falls City, John Holt, B. V. Morgan, Wil
liam Uhllg, J. H. M1IM and others to or.
ganlxe the National bunk of Humboldt.
Humboldt. Neb., with $?J. capital. Ijiu
been approved by the comptroller of the
cur reiwy.
CONDITION OF THE WEATHER
Forcnst for Nebraska Fair Tuesday and
Wednesday.
Tempera! ore at Oumha yesterday!
Hour. Ilea. Hour. Ilrs.
R a. m :tt 1 p. m Ill
t n. in .IT it p. m
T n. in ...... .t. a p. in H.t
H a. in ..... . ,I'J ' 4 p. ni id
f n. m nil it p. ni ::t
lO n. m Srit II p. in 3'J
It n. m Si T p. ni "t
ia in it H p. m 211
l p. ni KM
GO TO OPEN LUCIN CUT OFF
Officials of llarrlnian System Leave
Omnha In Special Train for
the Wrat.
A. special train, cnrylng Southern and
Union Pacific ottlclnlB ami a small party of
newspuper men, will leave Omnha Tuesday
at $:30 a. m. over the Union Pacific for
Ogden, where the Ogden-Lucln cut-oft will
be formally opened.
The train will consist of eight cars and
the party these: President E. II. Harrl
man of the Southern Pacific und head of
the ll'arrlman system, and parly from New
York; President H. O. Burt and party of
the Union Pacific, Including Oeneral Traf
fic Manager J. A. Monroe, General, Pas
senger Agent E. 1 I-onmx, Chief Engineer
J. B. Berry, General Solicitor W. R. Kelly,
D. O. Clark, superintendent of the Union
l'aclllo Coal company: President A. J.
Earllng and party of the Milwaukee; Sec
ond Vice President J. A. llarnhun and
party of the Illinois Central; J. C. Stubbs,
traffic director of the entire Harrlman sys
tem, and party of traffic officials from Chi
cago; General Manager G. W. lloldrege and
party of the Burlington & Missouri River;
Alfred Durlnw, advertising agent for the
Union Pacific, with a small party of spe
cial press representatives, embracing the
Omaha papers, and such other officials of
the Harrlman western lines as may Join
the party at the lake.
The train will be a geclal and will be
run through at a rnpld speed. The dedica
tion of the new short line, which crosses
the Great Salt lake, measures a distance of
102.5 miles, and clips off Just forty-three
miles from the circuit, will take place at
noon Thursday and be made an occasion
of Thanksgiving. A golden spike will be
driven as a means of uniting the old and
new lines and the officials will drive this
spike.
COMMITTEE MUST GO TO CUBA
Investigation of General Wood Grows
to Proportions Necessitating
Sucb Action.
WASHINGTON, Nor. 28. Tho senate com
mittee on military affairs will designate a
subcommittee to go to Cuba to take testi
mony regarding the conduct of General
Wood. The personnel of tha committee has
not yet been agreed upon, nor the number
of members. It Is asserted that so much has
already been said about the conduct of
General Wood In Cuba that It will be
necessary to examine witnesses In that
Island, who cannot come to the United
States. ...
The committee on military a flairs Wny
continued the Investigation of charges
against General Leonard Wood.
The committee adjourned until Friday.
Captain Bardens testimony had no im
portant bearing on the charges.
Favorable action was taken on the re
quest of Major Rathbone for the Issue of
subpoenas for army officers and permission
was given him to prepare a list, with state
ments as to what he expected to prove by
each.
It was determined this evening that in
order to save time, a subcommittee would
meot tomorrow morning In order to con
tinue the Investigation.
SENATE CONFIRMS OFFICERS
Two Hawallans and Many Army Of
ficers Meet with Its
Approvoal.
WASHINGTON, Nov. 23.-The senate to
day In executive session confirmed the fol
lowing nominations: George R. Carter,
Honolulu, Hawaii to be governor of Ha
waii; Sanford B. Dole, Hawaii, district
Judge of the territory of Hawaii.
Other confirmations were:
Rrleadler Generals: Jared A. Smith, Jac
ob B. Rawies, Stephen W. Groesbck. John
it. Mvrick. Ijouls H. Rucker, Theodore
Baldwin, William P. Rogers, Peter C.
Haines, Charles A. Woodruff, John H.
Page, William L. Haskln. Charles W. Miner
James M. J. Sanno, Charles F. Robe,
James W. Rellly, Edwin B. Atwood. Frank
G. Smith. George B. Kodney. Almond B.
Wells, Peter J. A. Cleary, John B, Bab
cock. Consuls: Thomas J. Cummins, New York,
at Puerto Cabelio, Venezuela; I,ee Berg
bolz. New York at Three Rivers, Que.;
Martin B. Backett, New York, at Prescott,
Out.: Edward K. J. Sullivan, New York,
at Erseroum, Turkey: David N. Wilbury,
New York, at Barbadoes; W. II. Bachter.
New York, at Niagara Falls, Ont.; Dean
R Wood. New York, at Celba, Honduras;
Willis Sweet, Idaho, attorney general at
Porto Rico; Frank S. lngalls, surveyor
general of Arlxona.
Ber-elvers of lynd Offices: William B.
Hodfc-e. Jr.. at Guthrie. O. T.
I -st masters: Iowa F. W. Wilson, Ot
tumwa. Kansas Richard T Mussnn, Elk City;
O. C. Bllllnrrs, Marlon.
MonMns O. H. Drake. Choteau.
North Dakota H. R. Aslakson. Edmore.
ATTORNEY WILL BE TRIED
Cases Against Missouri Prosecutor
Will Be Tried Before Two
udra it Year.
JEFFERSON CITY, Mo.. Nov. 23. Cir
cuit Judge Hazell today set the ca.ies
against Prosecuting Attorney Stone for
hearing, two of them before Judge -Lon-gan
of the Pettis county circuit court on
January 4 and the other two cases before
Judge Davis, of the Saline county circuit
court on February 5.
Judge Longan will try one rase of al
leged bribery and one case of alleged Il
legal acceptance of foe and Judge Davis
will try one case of alleged Illegal ac
ceptance of fee and alleged acceptance of
railroad pass.
FILIPINO WOMAN MAY ANSWER
Suit for Divorce by Army O tiler r Is
Held I n In Kan.
as.
LEAVENWORTH. Kas., Nov. 22 The
suit of First LieuU-nant Sidney Burbank of
the Sixth Infantry against Mrs. Conception
Vasquez, a PHloinu wom.u. to annul an
alleged fraudulent marriage was not taken
today aa wus cxM-cled. it waa said to
night tc.ut the rase wcul 1 not be tried until
after tha Filipino woman l:u I umpje notice
of the. affair and whs given time to mak
a defense. The twenty das' limit alloael
by 11. Kansas lew in a divorce suit has
expired and it was txected that a decree
would bo secured by default.
REVENUE LAW FAULTY
Two 8apreme Court Commissioner! Decidl
Act ii Constitutional.
INSURANCE TAXATION THE FATAL FLAW
Otherwise Fair to Ttxptjera and Wei
Adapted to Purpois,
COMMISSIONER KIRKPATRICK DISSENTS
Submit! an Opinion Differing Vitally from
that of Duffie.
ACTION DOES NOT CLOSE THE CASE
At First SlttlBf of tbe Supreme Court
Proper In December Aramnents
Will Ro Made Rased
on tbe Opinion.
(From a 81 aft Correspondent.)
LINCOLN, Nov. 28. (Special.) The rev
enue law enacted by the late legislature
haa run the gauntlet of the supreme court
commission and so far as the validity of
the law as a whole is concerned It stands.
The insurance sections, however, by two
of the commissioners woe declared void
and of no effect. Three opinions were filed,
the original by Commissioner Duffle de
claring the law unconstitutional because
of the Invalidity of the Insurance sec
tions, being the basis from which Com
missioners Klrkjjatrlclt and Letton dis
sented. The latter followed the reasoning
of Judge Dufflo In finding the Insurance
section bad. but held that because of this
the law In lta entirety was not unconsti
tutional. Commissioner Klrkpatiiok held
that the law In Its ever' section waa con
stitutional. The result of this, aa voiced by several
well known legal authorities, will be,
should the supreme court find with the ma
jority of the commissioners, that the old
law will prevail Insofar aa the taxation of
Insurance companies is concerned.
The matter came ' before the commis
sioners In two mandamus rases filed by
Ralph P. Rreckenrldge and II. H. Palmer
of Omaha, who sought to compel Tax
Commissioner Fleming to enforce tho old
revenue law, declaring that tha 'new one
was unconstitutional. The matter waa of
such Importance that the supreme oourt
appointed the above commissioners to hear
argument In the case, after which the
court proper will hear argument by the
attorneys, based on the opinions filed, on
December 1.
The commissioners, after agreeing upon
a general Idea of reasoning, selected Com
missioner Duffle to write the opinion. Judge
Duffle reported Saturday afternoon, but
the other two commissioners failed to agree
with him and the matter was delayed un
til this afternoon.
The Insurance sections declared void
are:
Insurance Section Declared Veld,
Section Oi. Each end every fire Insurance
company organized under the laws nf anv
other state or country and transacting busi
ness In this state, shall be taxed In the
county, town, city, vllluge and school dls
trlct where the agent conducts the business,
upon the gross amount of premiums re
ceived by it for insurance wrlttert upon
property within the 'stale during the pre
ceding year. Such gross receipts to be
taken as an Item of property of that value
and to he assessed and taxed on the same
percentage of such value aa other property.
The agent shall render the .list and be per
sonally liable for the tax. If he refuses to
render the list or to make affidavit that the
same is correct, the amount may be valued
and assessed according to the best Informa
tion or tne Bsnessorj
Section 59. Kvery life Insurance and acci
dent Insurance, or life and accident Insur
ance company organized under tho laws of
any other state or country and transacting
business in Nebraska, except fraternal ben
eficiary associations and such mutual com
panies as operate on the assessment plan,
have no -apltal stock and make no divi
dends and whone scheme of Insurance does
not contemplate the return of any percent
age of earnings or profits to policy holders,
shall, ot the time of making the annual
statement aa required by law, pay Into the
state treasury 2 per cent or the gross
amount of premiums received by it during
the preceding calendar year for business
done In this state, Including all Insurance
upon the lives of persons residing In the
stats, whether such Insurance was written
during such preceding year or prior thereto.
At the time of paying said taxes Such com
panies shall take duplicate.
Section no. Kvery surety company organ
ized under the laws of any state or country
other than the state of Nebraska, ana
tranvacting business In this state, shall,
during the month of January of each year,
make out and file with the state auditor an
Itemized statement verified by the president
or vice president and secretary, showing In
detail the gross receipts from all business
transacted In this state during the preced
ing calendar year, Including the gross pre
miums on all surety bonds or obligations of ,
every kind, und shall at the same time pay
Into the state treasury as a tax on such
buHlnens. 2 per cent of such gross receipts.
No certltlcate shall bs Issued by the auditor
to Htiy surely company or igent thereof,
authorizing it to do or continue business in
this slate while any such percentage or tax
remains due and vnpald.
Section 61. Kvery life. Are or accident In
surance company, or surety company, or-
fanlzed under the laws of this state, except
raternsl beneficiary associations and mu
tual companies that operate on the assess
ment plan, have no capital stock and mske
no dividends, and whose scheme of insur
ance doe not contemplate the return of
anv percentage of earnings or profits to
fiollcy holders, shall be taxed In the county,
own, city, village and school district where
the agent conducts the business upon the
gross amount of premiums received by It
for all Nebraska business done within the
state during the preceding calendar year,
less amount of rame ceded to other compa
nies as reinsurance through regularly au
thorized agents in this state and leas pre
miums returned on canceled policies. Such
(cross receipts, less reinsurance and cancel
lations shall be taken as an Item of prop
erty of that value and be assessed and
taxed on the same percentage of such value
as other property. The agent shall render
the )il and be personally liable for tho
tax. If he refuse (o rendwr the list, or make
affidavit that the same is correct, tho
amount may be valued and assessed accord
ing to the bet Information of the ssKSsaor.
Tho opinions follow:
Holds tha Law Valid.
Tho opinion of Commissioner Kirkpatrlck
la aa follow:
The length of time that I feel Justified
in withholding the opinion of Mr. Commis
sioner Duttle is such that 1 can only briefly
outline my views of the nuiteriai secitoiiM
conxldereo. 1 concur in ills i pinion In all
parts except so far as he holds sections
i, i'J, tin and $1 Invalid, and fiat auch sec
tions were an Inducement to the paiaage
nf the act and that Uie enl.'re d muxt
for mat reaaon bti held unoriiltutloiial.
Mr. Commbaloiier Dutlle In his opinion pre
sents two objections, nu'ti of which is of
great force; and yet I am not prepared ti
say thut they are of such control. log force
and iinixii tance as to render the entire
measure unconstitutional and Inoperative.
The nr: t objection Is that while soctlon
SK. thai every lire Insurance company or
ganized under the laws of any other stata
or country d ing business In this slate shall
be laxnd In the cou::ty, city, school cixtr.et,
etc., In which the agent does boMneas, Uhh
the grows premiums collected by It for the
previous year as an item of property,
very many other Insurance companies do
businejts, or, at least, are permitted to dn
buriiieaa in the state without being stib-.
Jnied to taxation upon their sros pre
miums as an item of value. Anie-ng this
ihu-K of tuinpriiiies are cugg.-xled plate
IflaMK, tornado, live slock, and other com
panies. It is not toutendtvl that ahy of
the comikti.ies laxt mentioned will u.ider
provision nt tlie tu t -e tsxu'l ot
iiiuii any ttnKihle r,ro:eiiy which Ihev
4 may have In the suite, tilher real or per