Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 09, 1903, Image 1
The Omaha Daily Bee. CSTAfiLlHHED JUNE 19, 1871. OMAHA, WEDNESDAY MORNING, DECEMBER 9, 1903 TWELVE TAGEB. SINGLE COPY THREE CENTS. GREAT THINKER CONE Death Calli Hubert Spincer, English 8tndeut of 8oo'o!ogr and Author. HIS ILLNESS KEPT FROM THE PUBLIC At His & qnett Leait Posiibls Information Wat Given Out. LIFE-WORK COVERED A WIDE FIELD Poblithid Eooki D'ealint; with llanj Phases of Human Li e. FAILED TO ATTAIN ULTIMATE OBJECT Philosopher Forrti to Stop Psbllca tlon I Reaults of neieirtk Be cause ot Greet Coat of Vndertaklag. LONDON. Dec. g. Herbert Spencer the famous author, died this morning at his home In Brighton. . HI health had been falling for come month-. The Illness took a critical turn a lew days ago and he be came unconscious last night, passing away without pain. By his own desire the least possible In. formation was given out during Mr. Bpen cer's Illness. He was born In 1320. The newspapers all publish long appre ciations and anecdotes of Mr. Spencer, whom they universally describe as the "last of the great thinkers of the Victorian age." His Biography Herbert Spencer was born at Derby In lft:o. He was educated by Ills father. teacher In Derby, Sind his uncle. Rev. Thomas Spencer, a clergyman of the Estab lished Church, who was active In various hilanthioplc movements. At Ihe age of 17 became a civil engineer, but after about eight years abandoned the profession, hav' lug during that period contributed various papers to the Civil Engineers' and- Archi tects" Journal. His first productions in gen eral literature were a aeries of letters on "The Proper Sphere of Ooverjnment," pub lished In the Nonconformist In 1S42, which were reprinted In pamphlet form. From 1848 to 1853 he was engaged an sub-editor of the Economist, and during that time pub lished his first considerable work, "Social Statics; or, the Conditions Essential to Human Happiness Specified, and the First of Them Developed," 1851, but this Is out of print and has been suppressed. Various articles, chiefly for the Westminster and other quarterly reviews, were written dur ing the next four years. In 1865 appeared his "Principles of Psychology," which In terpreted the phenomena of mind on the general principle of evolution (this was four years before the "Origin of Species' appeared). A breakdown In ' health fol lowed, which prevented work for eighteen months! 1887, lft&B and 1859 were occupied In writing various essays for the quarterly reviews, etc. The Work 'of Ilia Life. In I860 Mr. Spencer Issued the program f his "System of Synthetio Philosophy," "which proposed. Hi carry nut.ln its applica tion to all orders of phehbrhena the general . law of evolution set forth in two essays published In 1(7. To the execution of this project his subsequent life has been mainly devoted. Ot the works composing the Sys tem, the following have already been pub lished: "First Principles," 1862 (7th, edit.. 1889); "The Principles of Biology," S vol., 1064 (4th edit., 1888); "The Principles of Psychology," I vols.. 1872 (5th edit., 1890); "The Principles of Sociology," vol. 1, 1878 (8d edit, 1886); "Ceremonial Institutions," 187(1 (3d edit., 1888) "Political Institutions," 1883 (2d edit, 18S5); "Ecclesiastical Institu tions." 18R6 (2d edit, 1888); "The Data of Ethics," 187S (6th edit, 1888). Mr. Spencer's other works are: "Education: Intellectual, Moral and Physical," 1861 (23d edit, 1890); "Essays: Scientific, Political and Specula tive," 2 vols., 1858-6. (4th edit, t vols., 1885); "The Classification of the Sciences; to which are added,. Reasons for Dissenting from the Philosophy of M. Corate." 1864 (3d edit. 1871); "The Study of Sociology," 1S73 (11th edit, 1885); 'The Man versus the State." 1884 (8th thousand, 1886). Beyond his own proper work Mr. Spencer has pub lished eight parts of the "Descriptive So ciology,' classified and arranged by himself. d compiled by Prof. Duncan, Dr. Bchep- pig and Mr. Colllor. This work was orig inally undertaken simply for the purpose of providing himself with materials for the "Principles of Sociology," but was even tually published for the use of others. Part vlll, published In 1881, contained the announcement that having during the pro- ceding fourteen years' sunk between 3,000 end 4.000 In the undertaking, he could no longer continue It. When Ho Visited Aawrlea, Mr. Spencer paid a visit to the United tatea In 1882. On May 13, 1883, bs was elected a correspondent ot the French Academy of "Moral and Political Sciences, for the section of philosophy, in the room Of Emerson, but he declined that In com mon with all academic honors. Mr. Spen cer's works have been extensively trans lated. All are rendered Into French, nearly all Into German and Russian, many Into Italian and Spanish, and the work on Ed' ucatlon baa appeared also In Hungarian, Bohemian. Polish, Dutch, Danish, Swedish, Greek. Japanese and Chinese. Since ISM Mr. Spencer has been an Invalid and has published very little. MILE SWIM IN CHICAGO RIVER Captain Sidney Hlemaa Wins Five Hnndred Dollars by Somewhat Hereto Method. CHICAGO. Dee. 8 --Clad In a rubber swimming ault and armed with, a paddle with which to ward off Ice cakes. Captain Sidney Hlnman, an Australian, lowered himself tutu the Chicago river Just below the Rush street bridge and swam with ths Icy current down to the Madison street bridge, a distance of r early a mile,, winning t&M from George W. Turn bull, a contractor, who had bet him that ha would not dare attempt the fuet. Mr. Turnbull was at every bridge as bis friend went by and had a, cab awaiting hlra when ha emerged from the try swim at Madison street, cheered by an admiring crowd. BALTIMORE GRAFTERS GUILTY rptoa sss McGregor Cemvlrtod of Getting; Money frona Clew-ra-ment Ceatraeter. BALTIMORE. Pec. -Cbttrmbus Ells worth Upton and Thomas W. McGregor, on trial la tho United States district court re for conspiracy to rob the government th connection with a contract fur leather pooches, were adjudged, guilty late this aft ernoon. eVaiaae was aunpacutaA ffwniUjig a wsrtna bar asr utti. KILLS THE FLIRTING DANSEUSE Prominent French Katloanltst Con. . nlta Mnrdrr and Suicide Bf cause of J -a lousy. BERLIN, Dec" came known to t dancer at tha ; uleln Frieda iotel in Co , .' Teealer, a s "mce, who "l. V '1st can--f Dep- day that the lea Metropolitan tht Boelke, was munk. logne December 2 by manufacturer of mach. had several times been . didate for member of the uties. They were engaged to b: " and had dined together at the ho .jar re led in a private sitting room .use the woman had looked too frequently, as Tes tier thought, at another man In the din ing room. He first tried to chloroform the dancer, but she was a strong woman and pushed him off. Tessler then took a hatchet, which he had concealed about him. and struck the womanonce, Ineffectually, and then stabbed her fatally three times with a dagger. The hotel people heard the struggle and rushed to the spot, where upon Tesaler, with his back to tho door, shot and killed himself. Upon Tessier's body was found a variety of weapons, several sorts of poison and crosses and amulets from Lourdes. Though the tragedy occurred December 2, through the Influence of Tester's (am Uy the facts were not published until the dancer was buried here yesterday. CONGRESSMEN TO VISIT PARIS French Bnron Hopei to Arrange change of Tolls Across tho Ocena. Ei FARfg, Dec. 8. The plan for a body of American congressmen to visit Paris and for a number of French parliamentarians to visit Washington Is assuming a definite aspect through the efforts of Baron de Estrounelles de Constant. The latter said to the correspondent of the Associated Press: "When I arranged for the exchange of visits between British and French parlia mentarians I had In mind a similar ex change of Visits , between American and French representatives. Since then I have gone over the question with my colleagues In the chamber and I have received letters from Washington concerning the project. The Idea of the visits Is generally .approved and I hope to arrange the detnlls during my approaching visit to the United States, when I will present an Invitation In behalf of several hundred members of the French Chamber of Deputies." E. Spencer Pratt and others of the Amer ican colony here are actively Interested the plan and It Is expected that committees will be formed for carrying out the project. SERVICE ATTRACTS AMERICANS Forty-Fifth Anniversary of Founding of American College Is Ob. served In Rome. ROME, Deo. 8. The pope today cele brated mass In his private chapel, the oc casion being the. Feast of the Immaculate Conception. Only a few privileged per sons were admitted. In addition fo being the Feast of the Immaculate Conception, this was also the forty-ntth anniversary ot the foundation of the American college, and Most Rev. Rob ert Seton of New Tork, titular archbishop of; Helloplls, celebrated pontifical mass there for the first time. The music, which was exceptionally fine, was under the di rection of Joseph Kelly, of Philadelphia. Besides the students a number of other American assisted at - the functions, in cluding Mrs. Dean and her two daughters or Chicago.- The ceremony was followed by a dinner, at which the rector was con gratulated on the prosperity of the college. BRYAN IN FRENCH CONGRESS Visits tho Legislative Body to Stndy Its Parliamentary . Methods. ( PARIS, Dec. S. William J. Bryan vlrlted the Chamber of Deputies and Senate today, comparing French parliamentary methods with those of the United States congress. He was accompanied to the Senate by flena tor Clemenceau, who Introduced him. Mr, Bryan had a long talk with M. Combes, the latter manifesting Interest In American economic and political affairs. Mr. Bryan made a speech before the members of the American chamber of com merce this evening, during the course of which he dwelt on the Importance of keep ing political campaigns free from personal! ties. He also referred to the sdebt the United States owed to France, and said that next to the names of Washington, Jackson and Jefferson, Americans placed that of Lafayette. MONEY LOOKS GOOD TO DANES Besaemltti' Association, Meeting i Copenhagen, Decides that Vnlted States Is a Good Thing. COPENHAGEN, Dec. (.-The Danish Economists' association, which has been considering the growth of America, has decided by a considerable majority that the benefits to Denmark therefrom far out' weigh the drawbacks. The speakers who brought the objection contended that some action was necessary to prevent the country from being denuded of Its best workers, but ths majority supported the view that the Danes were to be congratulated on the fact, that the doors of such a progressive and prosperous country as the United States were open to them and that Den mark had much benefited by the consider' able sums of money which yearly were sent back by Its former subjects. CHASTISE CHINESE ROBBERS Rtialas Troops Beware Accounts Recent Killing of Five Comrades. for ST. PETERSBURG. Dec 1 The Ruastan troops have defeated a band Chun Chuses Chinese robbers, on the Liu river. Manchuria, killing 200 of them wounding a similar number. ind After the conflict, reported November tt, between Russian soldiers and a body rf Chon-Chus at Taehlchgo. In which Ave Russians were killed and nine were se verely wounded, the Russians pursued the fleetug tribesmen and finally hemmed them In at the Liu river. The great loss of the robbers Is attributed In a Port Arthur dis patch to a pado among the Chun Chuses." How They Stolo the Diamonds. NEW YORK. Dee. f Abraham Thaler and Morris Opar, who have been arrested In Pittsburg. Pa., with Jkwsls valued at $1000 In their posuewon. are sutti by tne police to bave been taken on onmplulnls filed by two wholeeale ieselere hum whoa) they had obtained the valuables on the "momorainium p'an" In vogue kuuong. trav eling ulainieiA awnlsia,. IGHT OVER ISLE OF PINES X Recognition of Cuban (Sovereignty Canaet Acrimonious Debate in Congress, Snmusmsnunu) I0WANS AND NEBRASKANS INTERESTED Many of Them Have Invested In Land nnd Settled Thero and Object to Being; Placed ruder Cu ksa Rale. (From a Staff Correspondent.) WASHINGTON, Dec 8. (Special Tele gram.) The paragraph In the pending reci procity treaty with suba relating to the cession to Cuba of the Isle of Pines caused an acrimonious debate in the house this afternoon in which Crum packer of Indiana pitted himself against J. D. Richardson of Tennessee. The Tennessean contended that under the treaty of Paris the Isle of Pines was included In the territory which passed from Spain Into the possession of the United States and therefore formed no part of the territory of the Republic of Cuba. Mr. Richardson read a letter from tho secretary of war dated nearly two years ago In which It was stated that the War department considered that the treaty of Paris Included the cession to the United States by Spain of the Isle of Pines. Mr, Crumpacker took Issue with Mr. Richard son, whereupon Representative BInger Her mann, late commissioner of the general land office, now representing an Oregon district in congress, made a brief state ment to the effect that the late President McKlnley must have been thoroughly con vinced that the treaty of Paris covered or ceded the Isle of Pines to the United States as he as commissioner of the gen eral land office had been Instructed In mok- Ing up, the latest map of tha United States and Its Insular possessions to Include this same Isle of Pines, "and," concluded Mr, Hermann, "If you will look at the official map of the United States as It stands today you will find that the Is'.e of, Pines Is designated as one of the insular posses slons of the United States." The controversy as t6 who shall event ually possess sovereignty over the Isle of Pines is particularly Interesting to many citizens In Iowa and Nebraska because shortly after the treaty was signed In Paris nearly 200 families from these states sold their holdings and went to the land of promise. They have purchased small plantations and under the fostering arm of the United State have prospered greatly The proposition to cede the Island to Cuba will mean practically utter ruin to tnem, so they contend. The proposition which greatly alarms them la the suggestion that should Cuba become possessed of the Island the government intends to oonvert It Into penal colony. The senate, through Its committee, la In structed to look very carefully Into this phase of the pending treaty and the house, through resolutions passed today, will also conduct an investigation along similar lines.' 1 - Better Buliqin for Hastings. Congressman N orris of the Fifth district was In consultation with : the supervising architect today relative to the submission of new plans for a publlo building at Hast ings. The sum of $226,000 was appropriated by tha last congress for the ' Hastings building and, according to the plans of the architect, the lowest bid submitted for Its erection was - about $80,000. Congress man Morris wants Hastings to have the finest building tt Is possible to secure within the full amount of the appropria tion and is accordingly asking for new plans. He also consulted with tho archi tect about a suitable building for the Grand Island site, purchased last summer. ' The congressman desires to have the building so arranged that In tha event of there being two federal court districts In the state, the court will be able to convene In the Grand Island . building when com pleted. James Cleary, Jr., son of Mayor Cleary of Grand Island, has entered Georgetown uul versity for fhe full law course. Hernia Moves to Capital. F. N. Merwln, one of the publishers of the Beaver City Tribune, and secretary of the Nebraska Press association, has reached the city and during the present session of congress will be the private' secretary of Congressman Norris. , - Teaching tho Mountaineers. Prof, and Mrs. Dlnsmore, who are Men.' titled with educational work In Kentucky, and who for years resided at Lincoln, Neb. have been In Washington the last week. Mrs. Dlnsmore Is now assisting Miss Helen Gould In advancing educational Interests In the mountains of Kentucky and Is re turning from New Tork. where she has been In consultation with Mlsa Gould In regard to her proposed work In the south. Kicks on Discrimination. Secretary Utt of the Commercial club has wired Senator Millard that the chief com- mlssary of the Department of Colorado has discriminated against Omaha In the pur chase of goods and has Instructed that bids be received only from Kansas City. Sen ator. Millard will see Cpmmlasary General Weston tomorrow and endeavor to have Omaha Included In the Jlst Why Omaha Is discriminated against does not appear from Mr. Utt's telegram and it la Senator Millard's purpose to ascertain why Kansas City Is given preference when the distance between Denver on one side and Kansas City and Omaha on the other are approxl mately the same. Representative Walter L Smith of Coun cii Bluffs returned from Iowa today, Shaw Wants More Money. Secretary Shaw today transmitted to the house a request for $14,000 additional for the Department of Justice for "enforce ment of the anti-trust laws." Report oa Indian Affairs. The annual report of the United Statea commissioner for Indian affaire says tha Five Civilised Tribes In the territory, Includ ing Indians and freedmen, number $4,000 peo ple, who hold over 19,000,000 acres of land. The report announces a malarial Increase In population In the territory and calls attention to the duty imfad on the gov. ernment, under legislation and a freeman la. to allot .n severally the lands ef the five civilised tribes, after town sites and other reservations have been made and to wind up the tribal affairs, limiting the life ot the tribal governments to March 4, 1306. Continuing the report SAys: There U no doubt that many Indiana, aa. pecially fulltilouds, have ben and are blug linpuwd upon In the matter of leaning their lanas. jsuuiy agricultural leasee are lor an inadequate conaida ration, and do not nrrv. vide tins number uf acres to be placed under cultivation eacn year, or what, if any every effort to get ail the facts, and it fences or other Improvements shall planed upon ths Bind. Furthermore, It dns nut appear that any parties furnish bond or give security guaranteeing the faithful compliance with the pruvtuiona of tha Itsuie coutrauts. On the. other hand, many leaaas HTnirtlnuMd. cat. Hxwnd. Pjusjh). GRAND RAPIDS CENTRAL BUSY Cltlneas Wanted for Pnrtlelpntloa la Bribery Come Now on Tele phone gammons. GRAND RAPIDS, Mich., Deo. 8. The prominent cltlsens for whom warrants were issued last night on charges In connection with the water scandal, about which Lent K. Balsbury has made such startling con fessions, were spared the humiliation of formal arrest today. Instead of placing the warrants In the hands of officers to serve the officials telephoned the respondents from police headquarters, requesting them to appear. ' . . The eighth warrant, for Gerritt H. Al bers, charging perjury at his trial on tho charge of attempting to bribe Alderman Renihan, has been Issued, and Albers came Into police headquarters Vnd entered his appearance, being permitted to go then In search of bondsmen. Judge Haggarty, who Issued the warrant. nnounced that the Albera warrant was based on a confession of Dr. Ullke Devriea, that he Induced Albers to make an offer of a bribe to Alderman Renihan as charged t the time of his trial by the prosecution. Albers wss acquitted at that time. Al though Judge Haggarty refused to discuss Devrles' confession any further, their are reasons for believing that it reveals much of the Inside of -tho water deal and will be corroborative of Salsbury's confession. Charles S. Burch, manager of the Even ing Press, waived examination today In police court and was bound over to the uperlor court for trial under 12,000 bond. The charge against him Is conspiracy. J. Clark Sproat, formerly manager of the Democrat and the Post, and J. Russell Thomson, former municipal reporter of the Evening Press, also waived examination in police court, and were held to the superior court. ' The examination of former Alder man Moi was taken up in police court to- day. Salisbury testified that he not only gave Mol $36 for aiding the water deal, but also gave him $80 to vote for him for city attorney. Balsbury also said he gave campaign money to Aldermen McCoolI, Kinney, Schrlver, Ghysels, Johnson, Beck, Locler and McLachlan. "Where did you get this money T" "Some from the street railway company and some from the Belb Telephone conv pany. I got the street railway money from Mr. Sproat, and I think he gave me $1,000. The money from the' telephone company came to him through Mayor Perry." Salsbiiry testified that he entered Into attempted jury bribing when he was on trial. He said he gave Alderman Mol $150 to pay to a Juror named Myers, who was expected to sit In his case. He also gave $75 to John Kremer, and severdj hundred dollars to William D. Pugh for the same purpose, but said that it never reached the jurors. , DOWIE AGAIN RULES IN ZION Reeelvera Appointed .by . Federal Coart Discharged with Consent of Creditors. CHICAGO,. Dec fc John Alexander Dowle is sgaln In control of 'Zton City and all Its industries. The turn In the af fairs In the head of tho Christian Catho lic church followed a. financial showing made this afternoon, w:?fc. ' satisfied all the creditors, who Immediately made a formal motion beforeJudge" Kohlsaat to have the receivership, ordered by the United States, district court a week ago, dissolved. As no objection was offered to the motion by any of the creditors. Judge Kohlsaat granted the request and Re celvers Blount and Curry were discharged. While the receivers have been relieved from further duties at Zlon City, the bank ruptcy proceedings are still maintained It Is likely, however, that these will be dismissed In a day or two, or as soon as the creditors' committee appointed Mon day has an opportunity to report on the advisability of accepting Dowle's offer of settlement. This provides for payment of all merchandise accounts within one year and the giving of notes In the meantime, bearing 6 per cent interest. By the terms of agreement Dowle has agreed to pay . all the expenses of the receivers. The ejectment of the receivers from Zlon City seemed to please all parties con cerned. , Dr. Dowle, , who was present In court with his representatives, appeared Jubilant over the turn In his financial af fairs. Attorney Ettelson, who filed the original petition, said he waa agreeable to a discharge of the receivers on terms which shall give his clients an opportunity to get full payment of their claims. At torney Apmadoc, representing the other creditor, Samuel Stevenson, said his client'i Interests are now well protected and there will be no occasion for demanding an Indemnifying bond from the original pe titioners. HERE'S A GOOD . LUCK STORY Kiad-Hearted Hew York Woman Get aa t'nexpeeted Million Declines to 1ke More Than Fifth. NEW TORK, Dec. 8. Gtlt-edged securi ties with a market value of $783,000 have been taken from a safety deposit box by attorneys for1 the heirs of Maxtmllltan Herschel, an aged recluse and ex-member of the New York Stock exchange who died In St. Luke's hospital last July. Ninety' three additional bonds bring tho value of the hoard up to $960,000. Just before he died .Herschel announced in the presence of witnesses that he wished all his property to be turned over to Mrs, William Georgl of Brooklyn, daughter of a couple who had befriended him in his youth and who had made his declining years com' fortable by numerous attentions, not know Ing his great wealth. Mrs. Georgl attended him in his dying moments, little dreaming that ahe waa heiress to $1,000,000. Four relatives of the old man were living In Germany, It was found, and Mrs. Georgl declared that the property should be equally divided so far as she was concerned. Attorneys for both ln ttireats arranged this and the estate will bs divided at the end of six months into five equal parts. The heirs living In Germany were untnown to lleracnel. They were found through advertising, but hare proved their relaaonahip and Mrs. Georgl evinced no desire to keep them from sharing her good fortune. CAMPAIGN 0PENS IN VIRGINIA Demoerats ' Ilea 0Brr Oat of Office Be en n so Bo Registered Negro Yet ere. NORFOLK. Vs., Deo. & --Democrats In the town of Berkle havo driven County Treasurer Lyons from his office, where. It it charged, be was registering nwgro voters and had the negroes penned up in one sec tion of the town. The streets are filled with men armed with shotguns, and a re quest will bo made for-a company of mill tsry front Norfolk or Portsmouth, at onos. Berioua trouble) la fanrssV v DYERSE TO SOLDIERS' HEIRS Department Holds That Widow, and Or phans Unit Lire on Homerteada. REVERSES FORMER DECISION IN MATTER Decision Is Made la Case of Mrs. Anna Bowles, Who Mado Eatry la the Brokea Bow District. WASHINGTON, Deo. 8. To nullify at tempts of cattle companies and others to obtain publlo lands In violation of the law the secretary of the Interior today over ruled former 'decisions of the department to the effect that widows or minor orphans of soldiers or sailors do not have to reside on the land on which thejr make home stead entry. The decision, which affects a large number of cases and which has an Important hearing on the publlo land frauds, Is made in the case of Mrs. Anna Bowles, who made an entry on land In the Broken Bow district In Nebraska. Mrs. Bowles claimed the right of entry ao the widow of a sailor In the civil war, under a section of the revised statutes, which al lows suoh dependents to make homestead entries with credit for the time of the sol dier's or sailor's military or naval service. It was admitted In this case that she made an agreement with the Standard Cattle oompany, whereby Mrs. Bowles, at the time of he entry, leased the land to the company with further Agreement that the company should have the option of .pur chase for the land. The department de cides that Mrs. Bowles Is required to main tain residence on tho land and her agree ment with the company invalidated the entry and requires Its cancellation. Briefs la Merger Case. Briefs in behalf of the Northern Securi ties company and the Northern Paclflo Railway company, In the case of ths United States against those two companies and the Great Northern - company, were f.led In the supreme court today. The brief of the securities company Is by George B. Young and that of the Northern Paclflo by C. W. Bunn. Mr. Young's brief Is a docu ment of over 300 pages and in it he traces minutely the origin of the merger. Mr. Young contended that such a hodllng as that of the Union Pacific In the Nprlhein Pacific waa not contrary to the anti-trust law and tho "inaction of the attorney gen eral showed that this also was the opinion of that high official, charged with tho en forcement of the ar.tl-trust Bet." The brief of Mr. Bunn Is an argument to show that the action of the two railroad companies did not come within the anti trust act. 'This case Is of local Interest because the appellant, Mrs. Anna Bowles, Is a resi dent of Omaha," said Attorney J. C. Kins ler last evening, who was Mrs. Bowles' counsel at Broken Bow and on September I last argued the case at Washington on the appeal taken from the decision of the commissioner of the general land office affirming that of the register at Broken Bow, that widows of sailors and soldiers must conform to the law of 1862 in making homestesd entries, "and of national Inter, est because thousands of widows snd orphans will be affected by this decision. "My qllent was required to make affidavit conforming with the law of 1863, which law contemplates that all persons making home stead entries shall reside on the land so en tered and no doubt this decision Is based on that promise," continued the attorney. "The third section of the law of 1872, passed and enacted by congress to reward the soldiers and sailors, confers the rights of the hus. band on the widow or guardian of minor children, if deceased. This decision indl cates the Department of the Interior has gone back on the law of 1872. In my brief submitted in the case Just decided, accord ing to your dispatch, adversely to Mrs. Bowles I cited the law of 1872, which does not require a widow or minor child to re side on the land. This decision affects twenty-two cases In all, which were Inst I tuted by me in the land office at Broken Bow." ST. LOUIS STOCKMEN UNITE Band Together to Fight tho Beet Trast la Yarding and Packing. ST. LOUIS, Deo. I. Preparations for re establishing the stock yards and packing house Industry on this side of the river, and fosT launching an enterprise which Is regarded by stockmen and packing bouse managers as the opening move in a fight to a settlement between the cattle raisers and the so-called beef trust, have been quietly completed In St. Louis within the last few days. , The Independent Stock Yards company has been organised In' St. Louis and will be In operation by the first of the year. The St. Louis Union Packing company, closely allied with and, to a large extent dependent upon, the stock yards company, will also begin operating by January, 1901 Botb concerns will occupy the site of the old Union stock yards. The Independent Stock Yards company was incorporated November 15, with a cap ital stock of $100,000. The St. Louis Union Packing company was incorporated Novem ber 26, with a capital stock ot $1,000,000, of which $000,000 has been paid In. It la stated that the movement which resulted In the Independent company began three months ago. Ths plans were carefully made and nothing was permitted to be made publlo until now. ANY OLD BOWLER WILL DO Amerlraa Congress at Clevelaai Thrown Opea to the l aafllllated Clnbs and Individuals. ' DAYTON, O., Dec . A decision of im portance to bowlers and bowling clubs In' tending to participate In the national cham pionship contests of the American Bowling congress at Cleveland, February 8-13, has Just been rendered by the executive com mlttee. Under the Indianapolis plan of organisation It waa supposed that .all en tries would hare to be affiliated with some of the local city associations. This, how ever. Is not the ease. Any club or bowler Is eligible mpon compliance with the roles of the congress, but no club Is entitled to any voice tn the proceedings of the con. gress Unless affiliated with, one of the city associations. FATAL TO OTTAWA PRIEST Infer Irs lteevrvwd a Week As fa I'arvenSry Fife steaetts la Father Fnl ham's Death. OTTAWA. Ont... Dec. S. Father- Fulhsm, the priest who was injured at the Ottawa university fire oa WediMsdaa' last, died todakV NEBRASKA WEATHER FORECAST Snow Wednesday, Warmer la East Portion, Colder at Klght Tbarsday Fair and Colder. S a. m SO 1 p. m la a. ra SA 9 p. m ID T a. m 2M 8 p. sa 18 8 a- an 4 dp. m IB 9 a. m...... XI 5 p. m 1 Man 83 p. m IT 11 a. m so T p. m.....t 1 18 m. 19 8 p. m..... IT v Op. m IT WANTS SITE FOR HIS PLANTS Chlcagro Baalneaa Maa Looks Ore Omaha to Sea What lndnce meats Are Offered. J, Steee, a representative of Interests controlling two Chicago manufacturing houses. Is In the city looking over the situation with a view to learning what ad vantages Omaha offers as a location for manufacturing Industries. He met at $ o'clock with E. A. Benson, N. P. Dodge, Jr., W. J. Graham and F. D. Wead of the Commercial club and with the location com mittee and discussed the situation. To the executive committee at Its noon meeting he stated that the reason for changing the locations of the two concerns was the labor difficulties In Chicago. The blacksmi thing department of one had been tied up for nine months In a sympathetic strike, and during the street car strike the employes had been an hour or two late in getting to work. The two corporations em- piny together 8,500 men. The business of the larger one last year was in round nunv bcrs $3.2M.ono and of the smaller $000,000. One of the companies would require forty or sixty acres of land and the other only about ten acres. The representative had been In consultation with a local freight agent who was making out for him the rates which would effect the businesses. On the favorable rates would largely de pend the location of the companies In the west. Omaha was merely one of the cities on the list and from here the representa tlve Intends to go to Denver and elsewhere west of Omaha. Mr. Stees has no authority to enter Into any arrangements now, but will report to his employers the .result of his Investlsa tlons. He left at 4 o'clock for the west, but will return Thursday evening, and a meeting of capitalists and real estate men will be arranged to ialk the matter over with i.lm Just before the grain meeting. Mr.1 Stees is reported to bave said that the larger company woukl ask nothing ex cept the land, forty to sixty acres, which would.be necessary lor Its use. The other company has been established for seven teen yearn, and its business has grown rapidly. The Idea Is now to reorganise it on a larger scale, and a large amount of money would have to be raised here. A letter ' was read before the committee from Springfield, Mass., inquiring what In' ducements would be offered here for the lo cation of a woolen mill with tailoring do partment added. The plant would employ between 400 and 600 people, with a monthly payroll of $12,000. A good location was wanted with plenty of water for washing the wool, i The secretary was ordered to communicate with the promoters. The action of the secretary In telegraph Ing the Nebraska representatives In Wash ington In regard to army matters was ap proved. These referred to some action In reference to the appropriation of $75,000 for the. quartermaster's supply depot and a protest against the commissary supplies for tho Department of the Colorado being purchased In Kansds City, St. Louis and Chlcao and not in Omaha. The congress men were asked to work for equal treat ment with Kansas City In that depart ment. N. Merrlam made a report of the meeting last Tuesday night and the house com mittee was authorised to find out the cost of carpeting and repairs In the club. E, H. Wilson, E. F. Thomas and J. B. Red- field were elected new members. The club meets as a whole Thursday evening at 8 o'clock.. Grain will be the topic. OVER FOUR THOUSAND MARK Fand for Relief of Firemen's Families Goes Beyond the Figaro First Sought. The fund for the relief of the families of the four firemen killed In the Allen Bros.' fire has gone beyond the $4,000 mark, the figure sought as a minimum at the out set. The fund is expected to run much higher. Subscriptions are still being taken, The list as given out by Mayor Moores last night stands: Amount previously reported $4,193 81 Hon. John I. ReUlck 60.00 Employes Omaha Printing company. 85.60 Omaha Gas company 25.00 Omaha Hebrew club, M. Rosenblatt, pabat Brewing company, by Julius ,35.00 11. Bcnuett, manager 16.00 10.00 6 00 5.00 too 6.00 Gate City Malt company, by R. Petersen Julius H. Behuett City Hull Pharmacy, by W. A. Piel, manager Woman's Auxiliary to Omaha Typo graphical Lnlon rso. io The Aultmari & Taylor Machinery company, by r . L. Loomls, man Barer Dr. Philip Sher, 701 South Sixteenth street Received by Luther Drake, treas 2.00 urer, Deeemoer o: Allen Bros, company , ....$ 400.00 Walter Btelnmels .... 10.00 E. Wakeley , Crete Fire department Jefferles & Howell James Adams . 5.00 5.00 too too 6.00 $00 2.00 W. n. Munger Joseph Bchnidt John Laughland Received by Lutner uraae, treas urer, December 7! Iler Co I Byrne-Hsmmer Dry Goods company Alert Fire department. Alliance, Neb 60.00 50.00 10.00 Total. $Ol.U BRINGS COPY OF NEW TREATY ConanI General Goodaew from Shan ghai Arrives with Dnplleate of Chinese Compact. CHICAGO, Dec I. Bearing the official copy of the new commercial treaty between the United States and China.-a treaty x Dected to add millions of dollars to the commerce of this country John 8. Good now, consul general at Shanghai, ranking first la the government service below Mln later Conger, bas arrived at Chicago.: He Is on his way to Washington, after whk3 he expects to spend several weeks at his residence In Minneapolis. Us , has bean tn China stg years. TTiS moot Important provisions of the new treaty are: Abolition of local trans portation oa taxes on American Import tlons, tn consideration of an advance to the Import duty ef from I to 12 Vi per cent; new mining laws on the basis of these In the United kit alee; a uuiouaj currency fur China. Minister Dinger, Mr.. Goodhow and 1. F. Seaman were the United States commis sioners who . drafted the treaty. It waa signed October $ and only needs ratification by the United Stales senate to beuume effective, , ONSUL IS INSULTED Amerioaa fiepreientatira in Tnrklih Town Lowers Flag and Learei Place. ASSAULTED BY LOCAL POLICEMEN Takes Amerioan Citiirn frost Ouitody of Consul with Anted Fores. ALEXANDRETTA IS SCENE OF TROUBLE Consul Davis Goes to Constantinople to Confer with Minister. HOROUGH INVESTIGATION IS ORDERED Minister Lelshman Instructed to net the Facts aad Transmit Them to Depnrtmeat of State at Washington. CONSTANTINOPLE, Dee. The United States flag over the consulate at Alex andretta, Asiatic Turkey, has been hauled down and Consul Davis has left his post for Beyroot In consequence of a serious diplomatic Incident, during which Mr. Da vis was Insulted and assaulted by the local police. The affair grew out of the arrest of en Armenian, Channes Attsrlan, a naturalised American citlien. Attartan had been In prison at Aleppo during the last two months and had Just been liberated through the Intervention of the American consular agent, on condition of his leaving the country forthwith, Mr. Davis was accompanying Attarlan on board a departing steamer, when the police Intercepted the party, assaulted and In sulted Mr. Davis, and, despite the re sistance of the consul and his attendant guards, rearrested Attarlan and took him back to prison. Mr. Davis immediately lowered the flag of the Ci rculate and formally broke tft re lations rith the Turkish authorities , by quitting Alexandretta, leaving the con sulate In charge of the viae consul. A mob of Moslems seised on the oozaslon to make hostile demonstration against the con sulate and against the Christians generally. Turks Tell Their Side. The local authorities assert that Mr. Davis struck the police with s cane, and that after the rearrest of Attarlan tha consular cavasses (military couriers) at tempted to rescue Mm, and that in the fracas which ensued the cavnsses broke the windows of the prison. ' ' The Turkish authorities further claim that Attarlan, who is a native of Dlarbektr, Asiatic Turkey, has been traveling about the country with an Illegal passport. They also point out. that the question of Ar menians naturalised in America and re turning to Turkey tlways . has been a source of trouble, since the porte Invariably refuses to recognise naturalisation. When Attarlan was arrested SttOO was found !n his pocket.' This, It Is believed, may have contributed to ' Ms arrest., the. : Tutks suspecting him of b!r.g a revolu tionist. - - - V , . . , The matter Is engaging the ehergetle hi- ' tendon bf the Lilted fctates ligation here.. Minister Letshuian bas made u'gent rep resentations to tha porte and Is now await. Ing a full report before taking further steps. The dutrage. It Is anticipated here, wilt lead to strong action on the part of the United States to obtain full reparation, especially as full satisfaction for the Bey root affair has not yet been given. Washington Cables to Lelshman. WASHINGTON, Deo. 8. The State, de partment has received a brief cablegram from Consul Davis at Alexandretta, Aalatlo Turkey, saying that he had trouble with the local police at Alexandretta and had left for Beyroot in consequence. The State department promptly cabled Minister Irishman at Constantinople to Institute a thorough investigation of the whole affair. It is expected that Minister Lelshman will call at the Foreign office today to Inquire of the Turkish officials regarding the mat ter. ' The Navy department has so far taken no steps toward sending a warship to Alex andretta, though the State department offi cials Informed the Navy department at what had happened at that place. The San Francisco and the Brooklyn are at Beyroot. , The State department does not anticipate any serious difficulty as h re sult of the Incident, for It does not doubt that the Turkish government will make proper amends for any misconduct of Its officials at Alexandretta. NOVEL SENTENCES BY COURTS Stecro Gets 1,000 Years la Prison aad Callforatan to Be Sentenced la 10O Years. HOUSTON, Tex., Dec. In the district court of Cherokee county today Allen Brown, a negro convicted of attempted as sault,' was sentenced to 1,000 years In the penitentiary. Under the law the Jury could not Impose a death sentence. At the time of his arrest Brown narrowly escaped be ing lynched. SACRAMENTO. CaL. Dec .-Joha H. Wood, a leader of the eonvlots who es caped from, the Folsom penitentiary , last summer when a guard waa stabbed to death, was today convicted ot murder In the second degree. As Wood Is already serving a life sentenoe Judge Harl ordered' him to appear tn court for sentence 10$ years from today. AERODROME IN THE RIVER Laagleys Machine Breaks and Gives Operator a Ducking a Second Time. WASHINGTON, Dec 1 The second at tempt to fly the Langley aerodrome today was a failure. The machine when released from the launching car, described a down ward course and fell Into the river.- The machine broke la half and fell Into the water a total wreck. Charles M. Manly, who was operating It, turned com pletely over tn the air and became en tangled In the wreckage, but was Quickly leocusd from the water. DEATH FOLLOWS EVICTION . Laborer Who Cemld Bet Fay Beat Fweaal Ft ess a la Btea- ehy., LOU U'VTTJ.FT, Deo I Bsmjmnta Fvirst- lng, a laborer, who, with his wife and sevan children were evicted from their home yesterday fur failure to pay the rent, was found today frosea to death In a lum ber yard. Uls fatally stieat tU bight with a nrtt&beuk