The Omaha Daily
Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, TUESDAY MORNING, JANUARY 11)04 TEN PAOES.
SINGLE COPY THREE CENTS.
POINT FOR DIETRICH
Secures Dismissal of Charge of Gontpiracj
on Demurrer bj Counsel.
SENATOR ON TRIAL IN FEDERAL COURT
Judges Hanger end Va Deraater Preside
Joiitly Orar the Caw.
ONE MORE DEMURRlK FILED BY DEFENSE
Dietrich Withdraw! tlea'to Charge of Bent-
ing Bnilding for Poitoffioj.
SUMMERS IS SCOLDED FOR DELAYIN6
(.art Room la Killed Wkn Case la
Called, Mr Attorney a Relate
In Audience Actual Trial
la Today.
Indictments charging conspiracy on
the pan ot Bttmior Dietnch ami
Postmaster rishrr are quashed, In
persiiance to a demurrer nietl by the
tielendants.
Uisirlci Attorney 9ummrn Is crit
icised by trie court tor failure to be
tirepnreu In the Dietrich bribery cans
Demurrer to the indictment of Il
legally holding iiml enjoying a con
tr.ct with (lie government la filed by
Generul Cowln, counsel lor Senator
Dietrich.
Beginning' of the trial of the bribery '
charge ugalnnt Senator Dietrich
In act (or v o'clock this morning, at
the earnest request of their counsel
and through efforts of the court to
expedite trie cane. Jurors will bo
drawn and other preliminaries ar
ranged. Large crowd. Including many prom
inent lawyers and politicians, attend
the trials, which ore bring h-ld In
courtroom No. 2, federal building,
Judge Van Devanter of Cheyenne
and Judge Munger of Omaha presid
ing Jointly on the United mates cir
cuit Dcncn.
Dietrich "pores Point.
United States Senator Charles II. Dietrich
ored the first round yesterday In the
proceedings preliminary to his trials on the
grand jury Indictments charging him with
the reception of a bribe and enjoying a
government contract. Thla victory was ob
tained by his counsel. General John C.
Cowln, whose demurrer to Indictments al
leging conspiracy was sustained by the
court and the charges contained dismissed.
Postmaster Fisher of Hastings shares
equally with Senator Dietrich In the dis
missal of two Indictments and one charge.
Scheduled to begin yesterday morning,
the trials of Senator Dietrich will not get
under way until this morning at o'clock
because of the tactics pursued by District
Attorney W. B. Summers, through whose
efforts the indictments were procured.
Summers was ts-ken to task for the delay
by both Judges Van Devanter and Munger.
In addition to this his scheme of having the
conspiracy cases tried first fell through.
This, acnrdlng to General Cowln, was for
the purpose of consolidating the evidence
on the senator and giving an opportunity
to bring In aa a witness "every political or
other enemyj' that ha might have.
Large Attendance at Trial.
' The Intense interest, which the publle la
taking In the trials was shown by the at
tendance. At the morning aesslon, how
Vve'r, nothing was accomplished save the
hearing of the arguments on the demurrer
filed, by the defense. In the afternoon
came the decision on this point and the
quashing of the 'conspiracy Indictments;
the reiteration of District Attorney Bum
mcr's bribery cases and the filing of an
other demurrer by General Cowln.
Senator Dietrich did not enter the court
room until Just after the morning session
had bogun, when he was Warmly greeted
by many friends, who assured him that
they . had no doubt of his ultimate ac
quittal of the charges pending against
hint. During the afternoon the senator,
seated between James E. Kelby, aaslstant
general solicitor for the Burlington, and
V. I. Fobs of Crete, listened Intently to
the words of the court and lawyers. The
room was crowded at both sessions, many
standing. Many prominent lawyers and
men well known In Nebraska politics were
present, all displaying a keen Interest in
the trial, hut having very little to say.
Many Lawyers There.
- Among the audience were Former Senator
Charles F. Manderson, County Attorney
James P. English. Hubert W. Patrick.
rank T. Ransom, County Judge Vlneon-
haler. Former Attorney-General C J.
Smyths, Former Attorney-General A. 8.
Churchill. F. A. Brogan, Charles A. Coca,
B. F. Thomas, F. A. Shotwell, Warren
witiler. C. F. Tuttle, secretary of the
city republican committee; C. 8. Loblngler,
John P. Breen, W. B. Ten Eyck and T. J.
Nolan of South Omaha. Postmaster Jacob
Fisher of Hastings and many wltneraes
and talesmen helped to make chairs In
the room at premium.
When in the afternoon Judge Van De
vanter asked, "Is the government ready
In the other cases?" District Attorney
Summers replied that the government had
stated In the morning that it was not ready
to proceed against Dietrich, but was pre
pared to begin on the esse against Post
master Fisher. The Judge said he did not
know there had been any such arraign
ment and General Cowln, who stated that
he represented Fisher, said that It waa
the first he had heard of such an Indict
ment lie had asked the clerk for' a copy
of all the Indictments and had not received,
this one charging Fisher with bribery.
"Why can't the bribery case against
Dietrich be tried now?" demanded Judge
Van Devanter of Bummers. The latter re-
Hied: ,
l
Baamre Pleads Ignorance.
We did not know until this morning lit
t o'clock that there a ere any demurrers
filed In the conspiracy Indictments and w
dlJ not know that the demurrer was sus
tained until a fsw minutes ago. We pre.
pared to go to trial mi that charge b
lleilng that was the one upon which Sen
ator Dietrich should ba tried flist in Justice
to all partus and In fairness to the govern
ment. The evidence that was aval able,
was, aa has been stateJ, or much of It
would, perhaps, not be available In the
bribery ehurg. The gove nment is p e
pared. however, to go to trial In the cise
of the United States against Fisher."
"There had been an arraignment in the
Dietrich case, a plea of not guilty en
tered and It was let for tilal today," re
marked Judge Van Devanter.
Bummers said he was not present In court
when the d.fendanta were arraigned and
mentioned bis assistant as the man who
cou'd relate the dlitrtct attorney's office
Vr.-lon of what understanding was had.
It waa at this point that both Judges criti
cised Summers for not txlng prepared for
the Dietrich trial.
v "W emust have eome orderly understand,
lag about this," said Judge Van Devanter.
ivi ii mi
la which ther b4 bsn tio ple ntercd.
Continued on Second PagaJ)
SPARRING F0R ADVANTAGE
Japan and nnanla Try to fthlft Re
sponsibility for First
r 'ow.
'r
ST. PETEnSBt' in. 4.-The Japan
ese minister here, tx Ino, has author
ised the Associated ' o say that ho
haJ a cordial confel "with Foreign
Minister Lamsdorff on s v last and
that he Is convinced by'!-. Iter's sin
cere conciliatory attitude tlf. 'K. . Russian
government is disposed to aef.'-'V ' -uceful
settlement.
The Associated Press lias ths .uorlty
of the Foreign office for the statement that
the Kussiun reply will be transmitted to
Japan In a day or two. The reply will
not be merely "yes" or "no," but will be
made up of reasoned propositions. The
general bnsis of this communication is
already complete, but the details are be
ing elaborated.
An official note published today announces
that Instructions have been sent to Viceroy
Alexloff as to the reply to be given to the
lust Japanese noie.
According to the Novoe Vremaya, the
Russian government Is trying to avoid
war because It Is peacefully disposed and
the Japanese government Is doing the same
because It does not desire bankruptcy, and
the British and French are doing every
thing possible to maintain peace.
"Nevertheless," the Novoe Vremya con
tinues, "war approaches nearer and
nearer."
The Novoe Vramya. which Is decidedly
pessimistic, blames the chauvinism of the
Japanese people and press for the present
crisis.
TOKIO, Jan. 4. War preparations con
tinue, but the government seems deter
mined to avoid the Initiation of any con
flict, and for this purpose the note sent
the powers was Intended to show that the
responsibility rested upon Russiii, should
the negotiations now proceeding fall.
The government Is oroceedinar verv cau.
j tluusly and unless Russia gives undue
provocation It Is possible that peace may
continue for some time. The preparations
made by the government are, however, suf
ficient to convince the populace of a de
termination upon Its part to fight If neces
sary. The popular clamor has somewhat
subsided, although many support the prop
osition to seise and declare a protectorate
over Coroa.
It is safe to anticipate that the govern
ment will continue negotiations until a
peacufel settlement is hopeless. In the
meantime It will watch the acts of Russia
In Cores. There Is much Irritation at the
present course of Russia in Seoul and
Peking.
The Imperial princes serving In the navy
have returned to their stations at Sasebo.
BERLIN, Jan. 4. Several Japanese of
ficers who have been attending the cavalry
school at Hanover have received cable mes
sages from their government .nstructlng
them to return to Japan immediately.
POPE NOT BUND TO BLOOD
Intimates to Stead's New Paper that
He la Working; for
Peace.
LONDON Jan. 4. In W. T. Stead's The
Dally Paper, first Issued today, Is printed
an Interview which George lynch, the war
correspondent, had with Pope Plus,' in
which he appealed to the pontiff to use his
Influence with the powers in behalf of the
Macedonians.
"Perhaps I have cftme more," said the
pope, "than you know of. I do not wish to
Interfere In politics unless I know It will
be effectual for good. Only the other day,
when there appeared to be a prospect of
war and bloodshed In Colombia, I com
municated with President Roosevelt and re
ceived a most courteous and cordial reply
from him."
STEAMER 'RATS HAVE PLAGUE
That Is How It Happens that Ger
man Steamer Stayed So
Longf.
HAMBURG, Jan. 4. The German
steamer Cordoba, from Santos, Braill, No
vember 25, has been released from quaran
tine. An Inquiry into the mortality among tho
rats on the steamer Cordoba confirmed
that they had died of bubonic plague. The
vessel waa thereupon towed to Strandhaff
and quarantined. There was no sickness
among the crew and It was officially an
nounced that the precautions taken pre
cluded the possibility of publlo danger.
SMITH'S SAVIOR IS GARROTED
Perea Submitted to the Fatal Sqaerse
at Saa Carlos for the Crime
of Mnrder.
MANILA. Jan. 4. Peres, who saved the
life of General Smith from ambush and
who was a former secret service man
under General MacArthur, was garroted re
cently with two companions at San Car
los for murder.
General Rlcarte, the recent y returned
exile from Guam, now In hiding from the
authorities In this city, hss written a letter
outlining a new revolution. The matter ia
not considered seriously by the govern
ment. Orders for Hnsslna Boats.
MOSCOW, Jan. 4. The Russian volunteer
fleet cruiser Sara tuff has been ordered to
Babastopol to receive lta armament and
thence proceed with all haste to Port Ar
thur. The RussUn auxiliary cruiser Orel
has been ordered to remain at Odessa until
It rectives Its armament.
Mrs. Palmer Will Hetnra.
LONDON. Jan. 4. Mrs. Potter Palmer
of Chlcigo wl'I be a passtnger on the White
Star steamer Teutonic, which sails from
Liverpool, January 4, for New Tork.
Serious Indeed.
MONTEVIDEO, Uruguay. Jan. 4.-The
national guard has been called out
SOCIALISTS CHOOSE CHICAGO
First of May Is to Find Their Five
Hnndred Delegates la Con
vention. CHICAGO. Jan. 4 Chicago has been
selected aa the site of the national so
cialist convention for 1904. Arrangements
will be made for the accommodation of too
delegates. The selection was made by
referendum ballot. The convention will
meet May 1.
Another Epldemle Feared.
K1TTANNING. Pa.. Jan. 4-Orave fears
exivt mat Kittannlng may have an t-pl
demlc of typhoid fever that will rival Hut
ler. A month ago there were but four
cases reported.' Now there s re 100 cases
and the disease Is Increasing rapidly. o
tax ius ueeiu rate aaa vetut f,r""li
OLNEY LAUDS CLEVELAND
Describee Hit Former Chief as the Personi
fication of Deateeracj.
TAKES EXCEPTION TO PRESENT POLICY
Tells Ills Idea of What the Policy of
Party fthould Be In Coming;
Campaign at MeClellan
Dinner.
NEW YORK, Jan. 4. Demccrati of prom
inence from the city, state und notion us
remb'ed here tonight at the dinner at
Sherrys In honor of George B. McClellnn.
the newly installed mayor of New Tork
City, among those present being Richard
Olney of Massachusetts, Kx-Governer Divld
B. Hill of New York. Congressman David
De Armond of Missouri, Charles A. Towne,
ex-senator from Minnesota; Ex-Governor
II. B. Pattlson of Pennsylvania, William A.
Gaston of Bost in and Charles F. Murphy,
now leader of Tammany hall; Grover Cleve
land. Judge Alton B. Parker, Senator Ar
thur P. Gorman of Maryland sent lettere of
regret.
The speakers Included Mayor MeClellan,
Richard Olney, David B. Hill Charles A.
Towne and Congressman DeArmond. Ex
Congressman W. Bourke C.ckran, who
acted as tonstmaster, introduced as the fits;
speaker Mayor MeClellan, In an address In
which after reviewing briefly the question
of national politics he took up the question
of political conditions In New York City,
declaring that democratic government had
been abolished In New York, but that the
democratic population of New York City
had made New York democratic, not
through the laws, but In spite of tm.
Democratic victory In New York City was,
he said, a preauge of national victory on
similar but broader lines and Mr. Me
Clellan'! administration will be a Held.
Address of Olney.
Mr. Olney was then introduced os a diplo
matist who had never followed the policy
of wandering around th9 world, teeklng
quarrels with weaker nation-, and as the
"Pride of New England but enthroned In
the hearts of all his countrymen." He spoke
in part, aa follows:
In matters of foreign policy the demo
cratic party will stand for International
morality and decent Internal conduct; for
observance of treaties nnd obedience to In
ternational law; respect for the rights of
every nation, however small; for refusal to
take by stealth or by robbery what we have
no right to get except by consent of the
owners; for continuing our traditional role
as the defender of the weaker states of this
hemisphere Instead of becoming their spol
iator; for minding our own business gen
erally without meddling with tho internal
affairs of foreign countries and without
making rumors and trivial events the pie
texts tor military demonstrations in for
eign ports.
in matters domestic the democratic party
will repudiate the "stand pat" policy and
will advocate both economy in expendl
rates and such tariff reform and revision
as Industrial conditions and the Interests of
the country at large demand. In that view
It will stand for a reasonable relation be
tween governmental revenues and govern
mental requirements, for clean administra
tion and official conduct, free from every
suspicion of graft, for amendments of ex
isting tariff schedules In the Interest of the
country at large and not In that of special
syndicates or favored Industries; for such
access to foreign markets, by tariff adjnst
ments or reclprocly treaties as will enable
American producers to dispose of their sur
plus products; for taking from the so-colled
trusts that kind and degree of protection
which enables them both to monopolise the
home market and sell to tho foreign con
sumers at prices greatly below those made
to the domestic consumer.
Grover Cleveland the Mnn.
The democratic party will also stand for
tho supremacy of law; for law for nations
no less than Individuals: for law for the
greatest as not exempted from its power
and for the very least as feeling Its re;
a law for capitalists and a law for wage
earners; law for presidents and cabinets,
as well as for the humblest of private cltl
sens. Mr. Chairman, the man of all men most
representative of the party I have Indi
cated, tho most capable and sure of mak
ing them effective the opportunity being
given the man of the proven courage in
his convictions, who never yet turned his
back upon the approach of public duty and
Is too old to learn bow, that man unfor
tunately absent at this time, but a New
Yorker by adoption If not by birth, and
one whom New York has always delighted
to honor, that man Is Grover Cleveland,
whose record in the past Is an all sufficient
guarantee of his action In the future.
Governor X; J. Montague of Virginia
said in part:
At this period In our party affairs the
south comes forward as the champion of
no candidate, but It Is to be hoped that
It will come forward In a spirit of co-operative
comradeship for the pronouncement
of such principles and measures aa may
victoriously rehabilitate our party and give
to us a people's governmont.
It shiuld take the Initiative in the re
crudescence of party principles which here
tofore and for so long led us to victory and
to the people's service. And the south
should do this not aa a section, but as an
Integral with an affectionate Interest In
Its welfare, growth and glory.
The last address was that of D. B.
Hill, who made a brilliant attack upon
President Roosevelt, a characteristic pas
sage of his remarks, after citing the de
tailing of naval vessels near Oyster Bay,
being:
In view of these circumstances It Is no
wonder that the president saw no serious
misconduct on the part of Oeneral Wood
In Cuba when he used pubUc funds to
Influence the action of congress in behalf
of certain legislation which his commander-
in-chief desired.
P.CESKI'S BROTHERS ARRESTED
Car Bara Bandit hot the Only
Black Sheep la the
Family.
CHICAGO, Jan. 4. Otto Roekl, 23 yeara
old, and Herrmann Roeakl. S3 years of age,
brothers of Emll Roeekl, under indictment
for the car . born murders, were arrested
here today. Suspicion that they planned
to blow up the county Jail to liberate tbelr
brother was aroused on a first report that
they had nitroglycerine, candles, steel naws
and tiles when arrested. The police de
nied thla It was hinted by the police that
the- Roeskia were wanted merely In con
nection with robberies committed since the
arrest of their brother.
After arrest Otto Rueski confessed to
smuggling saws to has brother, Emll, In
the county Jail. The saws used by Emll
Roeskl In attempting to escape were found
In his cell concealed In a slight crevice in
the steul plating In the celling. Boup had
been smeared over the crevice.
The two brothers were held under $2,500
bonds to the criminal court on the sworn
confession of Otto Roeskl. Otto told In
detail how he and Herman on the night
set for the escape waited ouulde of the
Jail with a rope to assist the Imprisoned
bandit In his descent from the roof.
PRICE OF FLOUR ADVANCES
Mlllera Add Tea Cents to Barrel Be.
eaase of Rise la
Wheat.
MINNEAPOLIS, Jan. 4. Flour advanced
10 cents a barrel today aa a result of the
rise in. wheat.
DEPORTS MINERS' LEADERS
Former Attorney tirneral of Colo
rado Amma- Those Seat from
Tel In ride.
TELI.URIDE, Colo.. Jan. 4 -Twenty men
arrested here by the mllitnry authorities.
Including former Attorney General Eugene
Engley, counsel for the Tellurlde Miners'
union; Guy EL Miller, president of the
union, and J. C. Williams, vice president
of the Western Federation of Miners, were
pluced on board a northbound truln today
and taken beyond the boundaries of San
Miguel county under military guard. They
will not be allowed to return to this dis
trict while martial law is in effect.
DENVER, Jan. 4. Under the procla
mation Issued by Governor Peabody de
claring San Miguel courty to be In a state
of Insurrection and giving the military full
power to use such measures as they deem
proper to restore peace. Major Zeph T.
Hill, commander of the military at Tellur
lde, has established a strict press censor
ship and ti-ken control of both the tele
graph and telephone lines.
CRIPPLE CREEK, Colo., Jan. 4. Thomas
Evans, a miner, and his wife and young
daughter, have been arrested and placed
In the bull pen by the military authorities
for Jeering at soldiers and nonunion min
ers. PATER SON, N. J.. Jan. 4 -The Associa
tion of Master BuPuers here carried out its
threat of locking out the men today and
the whole tulldlng trade was at a stand
still. Fifteen hundred men are affected.
NEW BUILDING LAWS TO COME
City Connell of Chlcngo, Aided by
Cntalders, Gives Matter Con
sideration Today.
CHICAGO, Jan. 4. Building; laws, espe
cially where they a;.ply to theaters, will be
the all-absorbing subject of discussion and
explanation in the city council tcday. One
of tho first ordinances to come up will e
cne prepared by the mayor railing for the
appointment of a committee of building ex
perts with trchltects and builders to in
spect all bu'.dlnga and draw up plans for
the protection of theater-goers from fire.
This ordinance will be passed with an
amendment that several laymen be added
to the committee In order that opinions out
side of those advanced by architects and
contractors may be embodied In the report
which the committee will make. The pur
pose Is to particularly emphasize v.hat
ought to be done from a theater-goer's
point of view. '
The present ordinance puts the penalty on
a patron who si Is or stands In the aisles.
but an ordinance will be introduced pro
viding for a penalty to be Inflicted on the
owner of the theater for the violation.
BLOOMINGTON CABS COMPETE
Union Employs Them to Operate for
Street Railway Company's
Bnslness.
BLOOMINGTON, 111., Jan. 4.-The afreet
railway company operated cars on every
line today regardless of the rioting of
8unday. There was little disorder today,
one arrest being jnr-d. The police force
has been augmertettnd a strong effort
will bo made to prevent further acts of
violence. The striking employes have
placed in operation a large number of hack
lines In competition with the cars. The
Trades assembly voted $1,600 to aid the
strikers. A telegram received today states
that the representatives of the State Board
cf Arbitration will be here tonight to assist
In arranging a settlement of the troubles.
Both sidea are determined not to make rad
ical concessions and an agreement Is not
regarded as Immediate.
FINDS NO TRACE OF WRECK
Swedish Rescue Boat Reaches Ant
arctic Waters, hot Its Search
Is Unavailing.
FEW YORK. Jan. 4 Telegrams from
Punta Arnnas. announce the arrival there.
Says a Herald dispatch from Buenos Ay res,
of the vessel Frlthjof, which waa sent
by the 8wedlsh government to rescue the
Nordensjkold Antartlc expedition.
The Frlthjof had a very stormy voyage
and lost one boat.
At Cape Seymour the Frlthjof found a
letter by Captain Irizar, oommander of
the Argentine gunboat Uruguay, announc
ing the rescue of the explorers and their
return.
The Frlthjof went to the point where
the Antarctic, the Nordenskjnld vessel, was
wrecked, but did not find any trace of the
wreck-
WHEAT CORNERJNOW IN COURT
St. Ionls Commission Men Wonld Re
strain Collection of Fronts
by Others.
ST. LOUIS, Jan. 4.-In the circuit court
today Judge Foster Issued two restraining
orders as a result of the December whe.it
Corner. Charles S. Orthweln's sons, com
mission men, asked for an order to restrain
the Merchants' exchange from expelling
them for a refusal to pay $26,600 claimed by
other members as due on wheat contracts.
The Buischmann-Muelled Commission com
pany requested an order to restrain the
collection by other members of the ex
change of $32,S&0 deposited as margins for
S45,Ouu bushels of December wheat.
CHICAGO HOLDS CONVENTION
Chairman Hanna Says That Satlsfac.
tery Terms Will Be Made
with Hotels.
SARATOGA. N. Y., Jan. 4.-The Sara
toga Buslpe-s Men's association having ex
tended an Invitation to the republican na
tional committee to name Saratoga for
the June convention. Instead of Chicago,
Cas!us B. Thomas, president of the asso.
elation has received an acknowledgment
from Senator M. Hanna, who says: "I do
not anticipate any change in the place of
holding the convention, as satisfactory
terms will undoubtedly be made with the
hole's of Chicago."
SPECIAL JURY FOR LAWYER
Slate of Missouri Secares Venire la
t'nse Against Proseentlna;
Attorney.
JEFFERSON CITY, Mo., Jan. 4. In ths
Cole county olroult court Judge Longan
today ordered a special Jury to try the
rae of Pr seoutlng Attorney R. p, Htune.
ou the charge of bribery. The e-bse H
to be called tomorrow afternuon. The state
asked for a special Jury, and the defense
objoeted, but the Judge overruled the abjeo
FIRE DAMAGES THE CAPIfOL
Los it Estimated All the Way from $300,
000 to $700,000.
HOUSE CHAMBER IS A MASS OK WRECKAGE
Governor Announces Some Arrange
ment Will Be Made to Prevent
Postponement of the -1-rglslat
nre.
(From a Staff Correspondent.)
DES MOINES. Jan. 4. (Special. )-The
beautiful Iowa state capltol, erected at a
cost of $3,000,000 and Just now undergoing
extensive and costly repairs, waa greatly
damaged by fire today. It la roughly esti
mated that the loss Is from $300,000 to
$7UO,0tf.
The fire was discovered about 10:30 o'clock
a. m. and was not extinguished until 6 p. m.
In what Is known as committee room No. S,
which Is a small room occupied during
legislative sessions generally by the clerk
of the house and which la on the same
floor as the house of representatives and
between the room of the speaker and the
offlee-of the clerk of the house. The room
was one of many that were being used by
the small army of workmen engaged In re
pairs of the building. jThe floor was lit
tered with paint and refuse and the paint
ers had done much of their paint mixing
In the room. A painter, Samuel Addlngton,
who had been at work near the room, en
tered It for eome purpose and found that
the whole Interior was burning. It had
been left shut up and It was probable the
fire had been going some hours when dis
covered. A street car conductor reported that on
Sunday forenoon he saw smoke Issuing
from the northwest dome of the state
house, but he has not Jived long In the
city and the matter did not attract his
attention. It Is all a mystery as to how
the fire started, but It had great headway
when the firemen were called.
The chamber of the house of representa
tives Is a charred mass of debris and can
not be repaired In time for the approaching
session of the legislature.
The fire, which started about 10 o'clock,
was not extinguished until 6 o'clock this
evening. The origin of the fire Is 'lot defi
nitely known and Governor Cummins will
order an Immediate Investigation. The
supposition is that It started cither from
a lighted candle carelessly left burning or
from an electric light wire. The fire orig
inated near a shaft in a committee room
and spread upward nnd around the celling
of the house chamber.
Firemen Were Helpless.
The fire department waa unable to flght
the flames effectively on account of the
height of the building and elevation of the
capltol site. The only thing possible was
to cut off the progress of the flames. The
gallery of the house chamber fell with a
crash, portions of the debris slightly In
juring two firemen and endangering the
lives of msny. The valuable volumes cf
tho state library, located near the fire,
were removed and the state offices were
hastily emptied. The funds In the stato
treasurer's office were loaded on a wag-on
and carried to a downtown bank for de
posit. . .
Governor Cummins laid aside guberna
torial dignity and, clad in rubber boots
and rough coat, engaged In the work of
fighting the fire.
Tonight the beautiful stata capltol pre
sents a scene of desolation. The marble
staircases are covered with Ice, the floors
are flowing with water and the offices un
der the burned part of the building are
flooded. The Iowa capltol was one of the
most beautiful In the United States. It
was built along the lines of the capltol at
Albany, N. Y. It waa erected at a cost
of $3,000,000. The Stato Capitol commission,
appointed for this purpose, had Just com
pleted the restoration and repair of the
building at a cost of $123,000, most of whloh
had been expended In the chamber whlsh Is
ruined.
No Delay In Sessions.
The building was supposed to havo been
fireproof, but the several false ceilings
In the house furnished excellent material
for the flames.
Governor Cummins stated tonight that
the house chamber could not possibly be
repaired tills winter. The estimates on the
loss are varying. Governor Cummins plac
ing It at $300,000, but the majority of esti
mates place the loss at $u00,0no to $700,000.
The executive council of the state, con
sisting of Governor Cummins, Secretary of
State Martin, State Auditor Carroll and
State Treasurer Gllbertson, held a brief
session this evening and announced the con
vening of the legislature would not be post
poned. It will meet one week from today
and arrangements will be made so that
the sessions can be comfortably held. The
plans are not completed, but the house
sessions will probably be held In the sen
ate chamber, the senate sessions In the
room of the supreme court and the supreme
court will either adjourn or hold lta ses
sions in one of the committee rooms.
A dozen members of the legislature were
seen tonight and they all declare that there
will be no need of an adjournment of the
legislature for more than two or three
weeks, pending which time the house
chamber can be put in condition for tem
porary use the rest of the season. Work
of clearing the wreckage will commence
at once.
FAVORS W00jTS NOMINATION
Majority Report of Senate Committee
oa Military Affairs Is (or
II 1m.
WASHINGTON, Jan. 4. -The senate com
mittee on military affairs today decided to
report favorably the nomination of Gen
eral Wood to be major general. The vote
stood 7 to 2, the affirmative senators being
Proctor, Warren, Foraker, Queries, Alger,
Cockrell and Pettus; the negatives, Scott
and Blackburn. Senator Proctor was not
present, but authorised his vote to be
recorded. Hawley and Bate were absent,
appreciable cessation of business activity.
The public schools, horn-ever, were closed
as a tribute to thirty-seven dead teachers,
victims of the fire. Members of the Chi
cago Teachers' federation met in the sec
retary's office to hear memorial addresses.
Superintendent Cooley said the board would
take action Wednesday evening toward ex
tending aid to the families of dead teachers.
MURDERERS PLEAD GUILTY
Two Admit Flrlaa- Shot Which Killed
Woman and Wonnded
Her Son.
DENVER, Colo.. Jan. 4. Frederick O.
Arnold, Newton Andrews and Charles O.
Peters, aged respectively It, 22 and 24 yeara,
pleaded guilty today to the murder of Mrs.
Amanda Youngblood last Thursday night.
Arnold and Andrews admitted that they
fired the shots which killed Mrs. Young
blood and wounded her eon Robert,
NEBRASKA WEATHER FORECAST
now Tnesdayi Itlslna Temperature
In Fast I'ortloni Wednesday Fair
and Colder.
Temperature at Omnha Yrsterdnyi
Hour. Dear. Ilonr. Ilea.
On. m 1 p. m '-"
a. m T 8 p. m V2
T a. m...... T 3 p. m...... U
H a. m r 4 v. m Kl
a. m...... H ft p. m -
II) r. in lit p. m VJ
It a. ra 1.H 7 p. m St t
12 in 17 N p. m 1!
O p. m 1
PUT OFF THE WOISE CASE
Police Commissioners Will Take Ip
Hearing- Wednesday Morning
Many Licenses Granted.
The Fire and Police board met yester
day to continue the hearing of tho Molse
license case. Attorney Connell fulled to
appear and after the board waited about
thirty minutes Member Spratleu moved
that an adjournment be taken until 2
o'clock In the afternoon. This was objectod
to by some of the members, who Anally
agreed to It, however. Just as the mem
bers wero leaving Attorney Connell arrived
and Informed them that he hod some busi
ness which would require his attention in
Lincoln for some time. After seeing tho
mayor It was decided to continue the reccs?
until Wedinsday morning at 10 o'clock,
when the case will again be taken up.
At this morning's meeting nineteen li
censes were granted, as follows:
Thomas Hart, 602 North Sixteenth street;
D. A. Hart, 1X2 North Fifteenth street;
John A. Jensen, 714 North Sixteenth street;
C. A. Petersen, 1G01 Vinton; M. Mlnnikus.
0061 Pierce; John J. Parrott, 612 South Thir
teenth; fihoup & Ki-umel, northeast corner
Fourteenth and William; Emll Senme, 428
South Eleventh; Jacob Lutz, 2302 South
Twentieth; Emll Penmc, 1201 Cass; Koen
r.lgfbrugge & Ewaldt. 2211 Leavenworth;
Carl J. Erlckson, 1245 South Thirteenth;
John Dnhmke. B12 South Sixteenth; William
Hell, Frank Scmerad, 1283 South Sixteenth;
William Holn. 1201 South Sixth; Oscar Her
manson, 123 South Tenth; Ted P. Hunter,
1816 Military avenue; Johnson & Larson,
1109 Fa mam.
KEEP T0URISJ CONDUCTORS
Railroads Rescind Order and Person
ally Conducted Service Men
Will Retain Positions.
The order abolishing the position of tour
ist car conductor, which was to have taken
erect January 1, has been rescinded and
the conductors will .continue to hold their
positions. It was decided sometime ago
to take off nil the conductors which ran
on the Ut.-lon Pacific, Rock Island and
other western roses, but after further de
liberation the traffic officials decided they
could not do without them.
The Missouri Faciflc has Jast received
six new and up-to-date chair cars to run
on the Omaha-Kansas City line. They are
much larger than the ordinary chair car,
having a capacity for carrying seventy-two
people. Electricity Is used for Illuminating
purposes and each car has Its separate
battery. The care can be brilliantly lighted
while standing on the side track for sev
eral hours. The electricity la generated
by nn attachment connected with the axle
of the coach, which generates enough of
the current to charge a large storage bat
tery, which serves as a reserve supply.
The cars contain every convenience of the
modern railway coach.
WOMAN CLAIMS THE MONEY
Writer In Chicago Says She Is Widow
of John Walker, Miser of
lost'j C'j;Lha,
When Charles Leslie of the county
Judge'a office went to South Omaha the
other day and picked $S,000 In paper money
from the old clothes which had been worn
by John Walker, a miser, who was found
dead, the prediction was made that since
no known helre to Walker existed, the
claimants for his money would be numer
ous. This prediction is now being veri
fied, and the first of numerous communica
tions relative to the matter has been re
ceived at the office of the county Judge, In
tho following letter, which Is self-explanatory
t
CHICAGO, Ills., Jan. 2, 1904,-Omaha.
Nebr., Clerk of tho County Court: Dear
Kir Please sent me the full particulars of
my husband's death-Mr. John Walker at
wonce.
I am his wlddow of many years pas't We
was murried In Roches er, Minn.. In &yi
and lived together a short time and parted
He was so miserly we could not live to
gether happily But I never got married
again and the last I ever heard from Him
He went to Omaha, Nebr. I have often
wondered what ever became of Him and
this morning I read of His death I am
shure It s my husband, please answer and
let me know at wonce a full description of
Him. Yours truly,
MRS. JULIA WALKER.
1S48 Wabash Avenue, Chicago, III.
WIDOW DEMANDS HERITAGE
Mrs. Sarah Wlthaell Objects to Proba.
tlea of Husband's Will Until
She Is Recognised. '
la the matter ot the estate of Richard
N. Withnell his widow. Sarah Wlthnell,
has filed a protest wherein she objects to
tho proba Ion of the deceased's will.
It Is recited In the protest that Sarah
Wlthnell and Richard N. .Withnell Inter
married subsequent to the making of the
will, which Is now on file In the county
Judge's office and In which Richard N.
Wlthnell bequeathe nearly all of his prop
erty to Richard Wlthnell Leonnrd, a grand
son, residing in San Francisco.
It Is further recited that when Richard
Wlthnell and Sarah Wlthnell Intermarried
It was with the express stipulation that
Richard Withnell Intended revoking the
will he had previously made In favor of his
grandson and that Sarah Wlthnell and the
grandson were to share equally In the es
tate of the deceased. Sarah Wlthnell
therefore asks that the court revoke the
will and cause her to be adjudged an equal
sharer In the estate of Richard Wlthnell.
PAINTERS ELECT OFFICERS
Loeal Union Xauiea hew Kseentlvea,
bat Has ho Kews from
.atloaal.
Local 106 of the Brotherhood of Paintsrn,
Decorators and Paper Hangers of America
has elected officers for the year 1S04. John
Howley was chosen president, Henry Vore
vice president, Charles Pennell correspond
ing secretary and J. C. Russell financial
secretary and business agent. W. II. Bell,
formerly business agent, has gone on the
road for a Chicago paint Jobbing house.
"We have no results from th3 national
election," said Secretary J. C. Russell.
"The election Is by referendum vote and
we have 70,000 members. They bet an
oountlr.g December DO, but will not finish,
I think, for several daye."
m CANAL TREATY
Prei dent Booeevelt Benei to Congress a
Special Message.
TREATS TOPIC IN ITS EVERY ASPECT
History of Isthmian Commerce Eeoited to
Euppe.-t JUrent Action,
UNITED STATES MUST CONTROL CANAL
Obligation Rests on Ih.i Nation to Secore
Unresino.ei U.e.
DETAILS DEALING WITH COLOMBIA
Sraotlatlona In Which the lulled
States Was Jat knd Uenerooe
Rejected by South American
Government.
WASHINGTON, Jan. 4.-President Rooce
velt sont to the senate ind house of repre
sentatives this morning the fa'lowlng spe
cial message In regard to the new Panama
ctnal treaty:
lives11'? i-?lu"J '" e of hoprcsenta.
formal , l?,ore "' tr its in
i I s ii, - i." !,,at,"!',nt ny uc'.ion up lo
act t., n, iO.X"0.Ut,n8 ,,,e ' 'h'ltleJ "Ail
rim.! " ',r l"e ' "rue, ICO of .1
i' ''''lln" ,ile outers of the Atlantic
ami la.?ilic oceans," approved June fo.
By the suld act the president was author
nr'.."Wl',"r,l tor. 11,8 l-n'tl States the
h1 .1 f ,ne an,,ma -;nnl company
and the perpetual control of a strip sli
miles wide across the isthmus of Panama.
r,L 15" Jul;",pr Provided that "should the
f .Ti. dP"L 1,8 unHh1" o obtain for the
Lnlted States a satisfactory title to the
property cf the nsw Panama Canal com
imny. and tho control of the necossary ter
177 of ",e "ppiiblln of Colombia
within a reasonable time and upon reason
able terms, then the president should en
deavor to provide for a canal bv the Nlca
ragiia route. The language quoted defines
with exactness nnd precision what wue
to be done, and what, as a ma'ter of fact,
has been done. The presluetit was au
thorised to go to the Nicaragua route only
If within a reasonable time he could not
obtain "control of the necessary territory
of the Republic of Colombia." ThU con
trol has now been ibtHlne.1; the provision
of the act has been compiled with; It Is
t.o longer possible under existing legislation
to go to the Nicaragua loute as an alter
native. This act marked the climax of the effort
on t.'ie part cf the United States to secure,
nt fnr ns icglslat'on was concerned, an
Interoeoanlc canal across the Isthmus. The
effort to secure a treHty fu- this rurpose
with one of the Central American repub
lics did not stand on the same footlr g with
the effort to secure a treaty under any
ordlnnry conditions. The proper r-oe'Mon
for the I'nltcd States to eume In refer
ence to this cannl, and therefore to the
governments of the Isthmus, had been
clearly set forth by Secretary Chss In UM.
In my annual mosrago I have already
quoted what Secretary Cass tstd, but I re
peat the q.iotaMon here, because the prin
ciple It stated Is fundamental:
Quotes Cctretury Ones.
"While the rights of sovereignty of the
states occupying this region (Central Amer
ica) should always be respected, we thall
expect that these rights te exercised In a
spirit beflttlig the occasion and the wr.nts
and circumstances that have arisen. 80 v-
erelgnty has Its duties as well a Its rights,
and none of these local governments, even
If administered with more regard to the
Just demands of other nation than tiy '
have been, would be permitted. In a erirtt
of eastern Isolation, to cloxe the gates of
Intercourse on the great highways af the
world end Justify the act lv the preten
sion that these avenues of trsds and travel
belong to them, and that they choose 10
shut them, or, what Is slmos4 equivalent,
to encumrer them with such unjust rela
tions as would prevent their general use."
The principle thus enunc.lt: tod by Secre
tary C.'ics.wiis sound then, and It Is .ound
now. The I'nlted States has taken the
pcslilon that no other governn'.snt is to
build the canal. In lf9, when Frnc pro
pod to come lo the sM of the French
Panama company by gjsran'relng their
bonds, the senate cf the t'rlted States In
executive session, with only some three
votes dissenting, passed a resolution as
follows:
"That the government of the United
States will look with serious concern and
ftsapproval upon any connection t. any
Ejropean government with the conelruc
t'n or control of any hlp canal across
the Isthmus of Darlen-rr acrors Central
America, and m ist regard ny such con
nection or control ns !nJurlou to the Just
rights and Interests of the ITnlted States
ai d ns a mentce to their welfare."
Under the Ha v-Pnuncefote treaty It was
explicitly provided that the I'nlted Rtstee
should control, police and protect the cans!
whloh was to be built, keeping It open for
the vessels of all nations on errtal terms.
The United States thus assumed the posi
tion of guarantor of the canal, and of Its
peaceful use by all the world. The guar,
antv Included, ns a mstter of course, the
building of the cannl. The enterprise, wis
recognised ns responding to sn Interna
tional need; nnd It would be the veriest
travesty oji right and Justice te et the
governments In possession of the Isthmus
ns having the right. In the Isngunge of
Mr. Cass, "to close the gntes of Intercourse)
on the great highways of the wrl, and
Justify the act hy the pretension that these
avenues of trade ard travel belong to them
and that they chocse it s'.ut thsm."
What Tieatr Mettled.
When this government submitted ti Co
lombia the Hay-llerrnn treny three ttltr.ga
were, therefore, already settled.
One wis that he eansl should Ve built.
The time for delay, the time for permitting
the attempt to be made bv private enter
prise, the time for permitting nny gTvem
nent of nntl-soclnl spirit and of Imperfect
development to bsr the work, was past.
The United Stntes had n'sttmed In cennec.
lon with the cnnnl cr'.nln esponslbllllles
rot only to Its own peonlc. but to the clvll
Iwd world, which Imperatively demanded
that there fhnuM no longer be delay In be
ginning the work.
Second While It was settled thst the
cannl should be built without unnecessary
nr improper delay. It wns no lens clearly
Shawn to he our purpose to deal not mrelv
In a rpl-lt'of Ji.a'lce. but In a spirit of
gnerosty with th fople hrurh whose
land we m'ght ulld It. The Iiv-Hrran
treaty. If It erred at all. erred In the direc
tion of an over-generosity toward the f"Vi.
loniblnn government. In our anxiety to he
fair we had gone to the very verge In
vleldlng to a weak nation's damands what
that nation whs helplessly unable to en
force from us against our will. The enly
criticisms made upon the administration
for the terms cf the Hsv-Herran trestv
were for having rnted too much to Co
lotrhln. not for fnllure to g'ant enniUrh.
Neither In the congress nnr In the mihlln
press, at the time that this treaty w?
formulated, was there couiplAlnt (hat It
did not In the fulle't and amplest manner
guarantee to Colombia everything that she
could by nny color of title demand.
Nor Is th fact to be lost sight of thnt
the rejected treaty, while generously re
sponding to the pncunlary demand of Co
lombia, In other respects merely prorlfld
for the construction of the canal In con
formity with the express requirements of
the set of the congresa of Juas W left?.
By that set. na heretofore quoted, the
president wan authorised to scnnlre froi
Colombia, for the purposes of the canal
"perpetunl control" of a certain strip o
land: snd It waa expressly required that
the "control" thun to be obtained should
Include "Jurisdiction" to make nnllee end
sanitary regulations and to establish such
Indicia! tribunals ns might he agreed on
for their en'orcement. Tlsa were con
ditions precedent ureHcrttied by the con
gress; snd for their . fulfillment suitable
stipulations were embodied In the treaty.
It has been stated In public prints that
Colombia ohtected to thesa stipulations, on
the ground that thev Involved a rellnanlsh
reenl of her "sovereignly;" but In the light
of whet ha taken pluee. thin alleged oh
wtton niun lie considered af en after
thought. x '
Baisea Vllal iteration.
I
In reality, the treaty, rnstead of requir
ing a cession of Colombia's sovereignty oyer
the canal strip, expressly acknowledged,
confirmed and preserved her sovereignty
iContluueU oa Fifth Pose.)