Tm ' Omaha Daily Bee.
ESTABLISHED JUNE 19, 187L
SINGLE COPY TIIIIEE CENTS.
OMAHA, FIIIDAY MOKXIXO, JAXUAlSY S, 1904 TWELVE PAGES.
CANNOT AVERT WAR
Scch U the Opinion Giten by T
?ior of Chinese Commancu
AMERICAN PLANS SUBJECT OF INTEi..
D'plomaU Woicler Vhat Course Tha
Ocintry Will Tax tut in Asia.
JAPAN PLEASED WITH MARINES' LANDING
Taktt Aetioi to Meai that it Can Increase
Iti Foroa There.
RUSSIA'S REPLY IS BEING CONSIDERED
While the Feeling Prevails that War
Is Almost Certain Both Bides
Hope to Avert Opts
Hostilities.
LONDON Jan. . The Dally Malls
Tbkio correspondent learns that Russia
has made new demands which it will be
mpossible for Japan to entertain and prac-
tically removes all hopes of pacific set
tlement. Tha correspondent says that all
tne powers are lanaing iroops in wr i
nrf .v,.t ,-. ititi.h l.liu la.kots lnnded
at ChetnulDO are expected to go to Beoui
Immediately,
CrmstiiBt telegrams ara passing between
M. Pavloff, the Russian minister to Corea,
Uaron De 'Rosen, the Russian minister to
Japan, and Viceroy Alexleft.
PBTKINO. Jan. 7. General Yuan Shal Kal,
com;nundcr-ln-obief of the Chinese army
and navy, sent bis foreign adviser, . nari.-s i
Denby, Jr., to Peking to investigate tne ra-
port aa to the probability of war. Mr.
Denby has reported that according to tne
best opinions obtainable, based on dlplo-1
inatlc information, war cannot be averted,
Paris Has l.lttle Hope.
TtT7ia , -.mi.t diinmntlr ,
v,J. iim K- -iiho.,i i.
- " ...
formation regarding the contents of the
Russlan reply to Japan, but tha tone Is dls-
tinctlv resslmlstlc and thero are but slight
hopes of a peaceful exit from the position
In which Russia and Japan find them
selves. The diplomats are making In
4iiiric as to the attitude of the powers
in case of war, that to be adopted by the
United Statea being regarded as particu
larly. Important To. the Associated Tress
the Japanese minister said today:
The attitude of the United States will
mean much. It, has negotiated a treaty
with China, for the onenins: of three uorts I
In Manchuria to the commerce oi ine-
world. These ports have been occupied by I
.vioi-t.
H II ,T I . 1 D 1 1 1 ' I QtlutU J w-.'.o.. .........
V. 1 1 - l n,rlnr In t M Infantat n f all tintlniiH.
1 hoi the United States will clearly uV-I
tlnrstand our position and will favor , ns
with their support.
The correspondent asked the minister If I
he had lost all hope of peace.
"I never loae that hope," he replied.
Specalate bm roarae of China.
would be Broclalmed.i but In case of Jap-
. m l i i . i . , .. i J i u.i . , , I H-me 1WBV. rnalrmnn nf tia nim mltfna nn I I
i. ciuiin. v.w... w w t,.-,, ,.,' , . ---- -- lf notning unexpected happens all the sol- ator at nuipie miii anu tola mm to
Information In regard to the attitude of appropriations obtained unanimous consent ,. ... . . . , , . . I tlfy us of a wreck. W e started at al
-hin- in it,. .ni nf r . ft wa. an id hnt I that one hour be' devoted at tha oreniiur I . ' . i""1"'" I tli time the wiw k rrr vrred und arrh
' I r.;7. ' . '"J,- n'rT.iiiJ ofltomorrow". Belon for consideration nf nrday:- . -. I at the scene rtwit-aiurty minute. atw
tma, Lata vuioiv wi viaiu . I wt.j jm a W A !.. I
. anese vlotorlea It would not surprise theliQ tor the eradication of foot, and mouth
legation if -the Chinese should cast their lot
with Japan. This would seriously em-
barraas RUBsta. not because of the lm-
portance of the Chinese as a fighting force,
but because of the danger of thn lnterrup-
tlon of the Russian communications.
The action of the United Statea In send-
Ina marines to Beodl. Corea. Is regarded
bore as being a "significant indication of
the trend of lt sympathy," and It Is known
to be gratifying to Japan, because It es-1
i . i..k ka t ...... I
. k I
can follow if necessary in debarking a I
strong force on tho peninsula. ' I
It is Insisted at the Jaoanese legation that
. - , ' , i
Japan never, requested tha view of Russia
Upon the question of dispatching troops to
Corea and it la asserted that this action
would be taken If necessary without con
sultation with that government.
A dispatch to tho Patrl from Con
stantinople says Russia Is negotiating
with Turkey to permit its Black aea
fleet, aald to consist of seventy-six .ships.
to pass through the Straits of tbe Dar
danelles. ..
BREST, France, Jan.- T. The Russian
niiair Aitnna nf i ana tons, leaves hera in. I
M v-
teorrow for tha far east (
RnsalaSi Marines at Seoal.
WASHINGTON, Jan. T.-Unlted Statea
Minister Allen at Beoul, Corea. has cabled
the State departmeut, under today's date,
that tha Russian marines who were landed
at Chemulpo and who were refused trana-
7w-..i,.n in h.,1 v. th. J.nnea. rail.
way have reached tha capital, marching
overland.
TOKIO, Jan. 7. Tha government Is silent
concerning the terms of tha Russian re.
Joiner. A high authority here, however,
says that the reply la unsatisfactory to I
- w. j ...
Japan, eaoeclally In lta features bearing
ihon tha natinn nt ,r.. h av thai
the Russian government In lta communlca-
tlon emrraara a iair for nea.rfiii aottia.
ment of tha matter, in dianuta. Jinan has
token tho reply under consideration and t
convinced that Russia's protestations ara
honest and (hat there la a chance for peace
it will oontrnue the negotiations.' At the
. same time, the ministry Is unqualifiedly od-
posed to a long delay. It Is becoming ap-
tiarent that Japan would resent any Inter-
f ventton upon the part of any of the outside
powers In tha ..tremlty of the crUia. it U
thought possible .her that the United
States might Intervene. Such lnterven
Hon. the Japanese aay. would be unjuat and
only create delay, which would b ad
vantageous to Russia,
ST. PETERSBURG. Jan. 7. The war min
istry has received g dispatch from Toklo
saying that Baron d Rosen, the Russian
minister, presented Russia's reply to the
Japanese cabinet yesterday.
GOLDEN STATE LIMITED OFF
Roek Island's Biirll Tenia Tries Tl
w
TOPEKA, Kan., Jan. 7. A special to the
State Journal from Tucuracarl, N. M., aays:
Th Golden State limited, the Rock Islund'a
through train from Chicago to California
waa detailed at Revuelto thl. morning. No
vita waa .tnwi- inuncuKcr U.lll, vq-
bind time and running at tbe rats of sixty
nillua an hour, swung around a curve and
atrui-k aevaral rara of a frvlaht tmln
which had taken a siding, but which pro
jected onto tha main track. Th engine of
th limited train waa disabled and. deraihd,
many box cara demolished aud 1M yards of
tra--k torn up.
in ampatcn -noes not stat whether or
not any one was luiurea.
At th general omces of the Rock Island
her It Is stated that "no one was killed
or seriously Injured." Tha officials wer
unable to atat whether any had been la-
Jtued aughtly, .
KHAKI, COLOR CATCHES KAISER
luce Seeing Corhln, loan und Wood L
II Rtnolrra t poa Ihtigt la
1 nlforms.
BERLIN. Jan. 7. Since Emperor William
' Generals Corbln. Young und Wood In I
v.
new uniforms at the Oermart army
, , era in September, the army
''4 ."'ors of this country have been ex-
t't with similar shades and have
l'l 'vj. blend between straw color snd
llRh. i green, whlrh presently wld be
substt. .cd for durk blue throughout the
army as tho uniforms of privates and non
commissioned officers.
The cloth has b""cn tested for a year, un
der service condition for wear and clean l-
ness.-It was found In the last summer
maneuvers that the new uniforms are
scarcely distinguishable at a distance from
rtrir .i,ii.t.in n. tt in v.- ,u
dry stubble or grass. It will be three or
lour years before the present uniforms en-
tlrely disappear, as the government has
upward of 8,000.000 old uniforms in stock,
though the greater part of these have seen
aervlca.
Th. rlm . . . , . I
. .... ,.,,. .,,r,,fi,i ,a ,o miKT-T-i.
ready-made clothes manufacturer In the
,, ,-.
world, turning out fcjO.GM) to 800.000 uniforms
k "'"""' - ui-,,
wcnuier.
p0p pUES THE MEXICANS
xhey Do No, gef ow H? Catl IJop- fo
.. . .
r.nier 1 pon IMplomatlC
Aeaotlatlons
MEXICO CITT. Mex.. Jan. 7 The news
from Rome that Pope Pius X has appointed
jgr. Seraflno. bishop of Bpoleto. aos
tollo "delegate" to Mexico instead of apos
tolic "visitor." as was reoorted. excites
some interest heTe, as the telegram as-
serts that the Vatlcau considers .this as f
the first step towards the resumption of
diplomatic relations between Mexico and
the Holy See.
At present there appears no likelihood
that the Moixcan government Intends to
resume direct relations with the Vatican,
The existing constitution makes distinct
aeparatlon of the church and state and
the "government grants impartial protection
, .. T-V,. l ,l,.' ..... . ..
" -- ""-""
"7" I..TrfBlae"1 JUttfeit
i . ..!.-,.. . .
" "l rlu'"
mom. I
For these reasons there is some curiosity
felt here as to what grounds the Vatican
nas tor Deueving it can enter into dlplo-
matlo relations with this country.
Father Clark Ileneliea Honolulu.
HONOLULU, Jan 7.-F. E. Clark, presi
dent of the Society of ChrisHan Endeavor,
arrived here on tho steamer Blerra on his
tour of the world. He was riven a warm
reception on the wharf,
HUUSc HOLDS BRIEF SESSION
Twelve Mlnates Authority la Given
to I'se Money Aaalnst Boll
Weevil.
WASHINGTON, Jan. 7. The house was
In session but twelve minutes today. Mr.
bill amending the act appropriating 500,
disease among cattle so as to make $260,000
" that amount available to meet the emer-
Rency caused by the Mexican boll weevil.
The bill was favorably reported today. Ad-
Journed. ' , -
" .
Nominations by President. I
WASHINGTON, Jan. 7. The pVesldont to
day. sent the following nominations to the
eonate for postmasters:
California James L. Matthews, Covlna;
juuury . l . r lint, wra jiiiceies.
Irtaho-Charles W. Wilson. Sand Point.
B.-cmid asHlHtiint engineer of the revenue
cutter service, Harry M: Hepburn, Iowa. -
K?"'omce appointments: Indian Territory
wimam n. i asieel. Mounds. lowa
Frank J. Tlahenbanner, Gilmore City: Wil-
nam c. Maras, Aureus; uenjamin r .
WoallUl Vnllll- T .1 fm I.' lil :i ,H n M.Milknni
William D. Junkln, Rock Rapids: Richard
jvi. uoyn, BuniHirn. Missouri cnaries u.
Gray, Cartervillo. 1 ,
Confirmations by Senate.
WASHINGTON, Jan. 7.-The senate to-
day In executive session confirmed the
following nominations: . .
'jonn . iiiacK oi - Illinois, civu service I
cominisBluner: Henry I). Baylor of Penn-
rylvunia, conn
many: Lawrence O. Murray of Illinois.
I Mrtpini.in --ii-w7 ui niviiinrivo uu inunr,
l.uther 8. Kelly of New York, agent for
the Indians of San Carlos agency. Aria.
PoHtniast ers:
Arkansiis-Owen J. Qwen, Jr., Conway.
Iowa Frank V. D. Bogert, Paulina.
SAYS AMERICANS ASSISTED
Senator Morgan Replies Address f
Senator Lodge on. Paaama,
Question.
WASHINGTON. Jan. 7.-Mr. Morgan oc.
cupled the time of the senate today In a
i i 4 . 1. ..... 1. T .T
-
"v-red last Tuesday. Mr. Morgan aguln
attacked, the president and the attitude
I ' ,hl" government in connection with the
Panama republic. He Introduced numerous
ewapaper extracts to bear out his conten-
uon lnal ,n9 revojution was assistea py
I omcer" and clUzena of the United States.
I l r- laorgan saia ina it toe unjiea mates
anouia witnaraw rrom the isthmus Co-
,onlu'a would quickly drive out the few
revolutionists ana their supporter.
FLEE FROM ACTIVE VOLCANO
Mexicans Are Alarmed b
y Renewed
' Activities on the Part of
Mount follma.
CHICAGO, Jan. T. News from Guadala
jara, Mexico, says: Violent eruptions of
Mount Collma volcano have caused the In
habitants of the country Immediately ad
jacent to the mountain to become alarmed.
Many of the people have left their homes
and sought safety from the ashes and
'vs-
1 he most terrorising feature of the erup-
I. .v. ,,w in-j . 1 1 ysy wuu u are
felt In th region of the. volcano. These
I sltnila disturbances are of unusual n
I verity, but po serious damage has been re-
I ported.
CROWD WITNESSES A SUICIDE
I .
I iiarry Hendrlrkson Takes Slryehalae
In Well Filled Resort at
LEAD, 8. P.. Jan. 7. Speclal Telegram.)
Harry Hendrlokaon, an Englishman who
arrived in Lead a short time ago from
Colorado, committed suicide In one of the
I puuiio reaorts by taking a dose of etrych-
nlu. Although th deed was done In the
I presenc of a room, full of men, who at-
tempted to prevent It, Ilcndrh-kson sue -
I ceedej In kllllug himself. Hendrickaon
I waa a orlpr.1 aud waa unknewa la Lead.
m) ft) WORK OR TO PRISON
Miners la Crlppls Cr?ek Dietrict-
FEDERAL COURT MAY BE APPEALED TO
it, Relmera, lllsen of Sm York,
May Sue Oat Writ of Habeas
C'orpas to Teat I'oiter of
MHHIa.
CRIPPLE CREEK, Col., Jan. 7 -The fol
lo"'ln noilc wa8 poB,Ml hrr" ?day:
M .rT V7V ,n e r
has been decided In many court that mem-
fr" or organirea lanor are not vagrants.
Keep your union cards. Refuse to be driven
awa 'from yoiir homes. -f compelled to
leave by force of arms, union men are ad- I
vised to return 'm.01'' VJA"?. 'irtJl'pl?
Mlners wIM protect aTl striking miner
and their families,
CHARLES If. MOVER
WILLIAM 1. HAIWUUU,
western Federation of Miners.
i. i. a ji ..in i
. b uiiun niuvu luni untj qiuic ua -n I
Klven BtrIk(,r(, to ,cave tne d,strict or
obtain employment. Preparations are being
,.!.. I. i -i.i .... ui...i .,...
morrow. Prisoners against whom no
uuir, , id etuu, a 'Si n iivi i nuirj onroia vi-
charge other than vagrancy Is made
will
be evicted from Teller county and will not
be permitted to return.
C. II. Relmer. who was arrested vester-
day, is confined in the county Jail, but no
criminal charge has been filed against him.
His home Is In Buffalo, and an attempt heard A. L. Frank, superintendent of the
may be made to take his case before the Rarus, tell his men to "keep those fel
Unlted States district court on an apvllca- lows out" by blasting. If they bad to.
tlon for a writ of habeas corpus.
Says Governor Fears Courts.
DENVER. Jan. 7. President Charles H.
Moyer and Secretary Wt D. Haywood of
the Western Federation of Miners, today
Issued a statement In which they declare
that the strike In the Cripple Creek dls-
trlct "Is not broken, though the republican
administration has spent nearly $1, 010,(00
of the state's funds to Subserve the cor
poratlons and make good their ante-elec-
tlon pledges."
The statement denies that any Insurrec-
n cxjbis ana contenas mat every consti-
"onal right of the people has been grossly
7 . - ----- -
violated by fJovornor Peabody and his mil-
Hnrv HuhnrdlntilpB Tti ro.tilf n f Pnnln
habeas sornus la cited nrnof thnt the
governor la "afraid in allow th. highest
court In the state to determine the question
as to who Is guilty of lawlessness In the
Cripple Creek district."
After referring to the vagrancy ' order
Issued by the military commandur at
Cripple Creek, the statement says:
"The members of the Western Federation
of Miners on a strike In the Cripple Creek
district are receiving all necessary means
of support from a fund which they have
helped to create,' and we challenge the
right of any one to deny them that priv
ilege." Oovernor Peabody announced today that
the troops will soon be withdrawn from
Cripple Creek.
"I think the civil authorities will be
able to cope with the situation,',' continued
Governor Peabody. "At least I hope so.
The governor also said that tho force
on duty at Tellurlde would be materially
reduced this week.
Many Weapons Confiscated.
TELLURIDE. Colo., Jan. 7!-Flfty-slx
men have been expelled from San Miguel
county by the military authorities since
" . . .' I
the publication of . the governor's martial
law proclamation. About forty-five of there
men are qunrtered at Montrose and Intend
to return to Tellurlde after the troops are
withdrawn. Tha search for firearms and
ammunition has been completed and be-
tween 600 and 700 weapons have been con
fiscated.
Trial at Georgetown.
GEORGETOWN, Colo., Jan. 7. William
Bate, former president of the Idaho
Springs miners' union and chief witness
for the state in the Sun and Moon dyna
miting case, was subjected to a severe
cross-examination today, but his testimony
concerning an alleged conspiracy not only
to destroy the Sun and Moon property, but
also to blow up the powor plant at Idaho
Springs, waa not materially shaken. Bate
tesunca mai u. opuey, a inemwr oi
th oaniitivA hoard nf tha wtAm Vdr.
caiiuu is, niiioi nuu vtiv ui iiic uricnuaii in,
i was in lull cnarge ut ww striae m luano
I c., ,h, v, .,,
!" - . -
committee to tun nonunion men out of
town. . i
Company Refuses Arbitration.
BLOOM INGTON, 111.. Jan. 7. The mem-
bers of the State Board of Arbitration to-
day made public their report on the street
railway strike and left for their respective
headquarters. .The report is unsatisfac
tory, as no concessions codld be secured
from the company, the answer being that
tho strikers had formally left the service
Uf the company and that there was nothing
. ...
to arnitrate.
The board secured a concession from the
men by subetitutlng 18 cents an hour for
19 cents, as first demanded, but the com
pany refused to pay more than 17 cents, the
old scale. The company also refused to
take all or tne atrixera as a body, but
I would only agree to take them back under
I inamauai contracts ana oniy as neeaea
The failure or tne state board to effect
settlement is taken to mean that the Strug
I gle win be continued indefinitely
Commencing with today, the cars are all
runnln n ,hP'r fuU chedule- rhr Is
still slight disorder, the most serious case
being the firing of a bullet through the
West Chestnut street car last night. No
one waa struck.
lllrnols Strikers Arrested.
CHICAGO. Jan. 7. A dispatch to tha
Tribune from Aurora, III., says that be-
"u" , " rKHU"
- ' i
nrty strisers r.ave oeen arrested. The
r rl lur "earing next weonesaay.
PERRY HEATH HUNTS MARSHAL
Flnds Him, una summons Served and
Starts Waanlagtoa to
Testify.
SALT I.AKTS CITY. Jan. 7. A summons
In Ik. nf t .U j,v-Afnm.n
I former Bunerlntendunt of Rural Delivery
M'tchen was served on former First As
alatant Postmaster (Jtjneral Perry 8. Heath
today by United States Marshal Heywood,
Mr. Heath arrived at bis home from Den
ver last tilgbt. He was told Immediately
of the reports that subpoenas had been Is
sued for him and this mornlna nresented
himself at the marshal s ottlce snd asked
that the papers be served. Mr. Heath will
I leave for Washington tbls evening to give
I teatlmoi.y In the case.
I ,
I Mrs. Hannn a Brother Is Dead.
1. 8ARANAC LAKE. N. Y., Jan. 7 Carl
I ior,u'"' 'f1 er-ln-law of nanlel R.
llanna of Cleveland. O.. accidentally shot
and killed himself her last lilgh', S
ADMITS BLOWING THE LIME
Trelae, a II rinse Superintendent, tJlves
Hearing- at Ilrlena.
ST. PAUL, Minn.. Jan. . A special- to
,no Dispntch from Helena. Mont., says:
1 he fourth session of the coroner s Jury
investigating tha manner of the death of
Samuel Olsen and Fred Dlvel, who werti
killed by an explosion In the Michael Dcvltt
mine, brought out more sensations.
County Attorney Breen announced that
he had rerelved a postal card containing a
threat and a promise of "rope" If he con
tinued In the line be had been following
during the Inquest.
The other disclosure was the admission
of J. TreM, . Iieln,. upcrltaent, th
ho had tx-rsonallv blown air. dust and lime
Mo the eves of the miners In the Pennsyl
, '
vanla property during one of tha under
ground battles, and the acknowledgment
of the much-tolked-of secret crossing in
the Michael Devltt mine through which it
Is allcgod loot ore had been taken.
In dctulllng the lime incident Mr. Trelse
said that when ho broke through the bulk-
nead into thn Fennsvii-ania. mine tne men
- i -
would not let him. on the property. He
then blew air from a hose on them, after
ward . dust and, that falling, had a box of
Powdered lime brought in. which accom
plished his purpose, lie entered tne mine
from the ."Rarua,"
James J. ' McUrath, an electrical worker
employed In the Never feweat mine, dui
ho was In the Rams mine at the time
of the explosion, testified today that he
James McQuade, a sttift boss at the Penn
sylvania, denied that any blasting was
.done In that mine on tho night of Decem
ber 12, but said he heard heavy blasting In
the Rarus. It was so henry, he sold, that
his men could not work for the smoke. He
thinks ten boxes of powder were set off
at the entrance to the Pennsylvania works
by the Rarus people.
DISPATCHER CALLED DOCTORS
Hlaht Mlnntea Before Kansas Wreck
Occurred Phvalrtana Were
Notllleil nf Accident.
aasaasBBaassB
TOPEKA, Kan., Janl 7. Yesterday's
wreck of the westbound Rock Island ex
press at Wlllard, in which seventeen per
sons were killed and thirty others were
Injured, was anticipated by the train, dls
patcher In Topeka eight minutes before It
occurred, according to a statement made
today by two members of the coroner's
Jury which has been called for this after
noon to Investigate the cause of the col
lision. These Jurors are Dr. J. M. Kemper and
Dr. C. Menard, physicians of Maple Hill.
One of them made the following state
ment today and it was corroborated by
the other:
We were called to the scene of the wreck
from Maplo Hill just eight minutes before
It occurred. When the cattle train was
reported through Maple Hilt und the pas
senger train tlirounh Wlllard, the dis
patcher In Topeka knew tiiat a wreck whs
coming. He Immediately called the oper-
no-
tbout
,-ed
The session of th coroner's Jury has
been postponed until this afternoon tie-
cause of the nonarrlval of several rail
way employea summoned as witnesses.
Tho body of the 8-yeur-old boy killed In
the wreck Is still unidentified at the
morgue here. The Injured at the hospital
.. .... .......... 1 i.T .. , , .a i. v.
are progressing fuvorably aVid it la be
lieved that none will die.
CONFESSES TO MONTANA ARSON
Salvation Arniy Hermit Tells St. Lonls
llotrl.-
I
ST. LOUIS. Jan. 7. Apparently con
science stricken and his mind aflame with
religious ardor, William Wilson,, aged -32,
a Salvation Army recruit, walked Into
police headquarters today and confessed
that on July 6, 1901, he had set fire to
the Occidental hotel. Rosebud county.
w. wh,n ri,rt m th da t
nerson and injuries to twenty. Wilson
dalappd tht another man Is in the uenl-
tentiary serving a sentence 1 for the deed
and that It Is to ease his Own conscience
and give this man his freedom that he
i anrrendered himself
" . . m. .
w uson saia mat
he did not fire the
hotel Intentionally, but that he accidentally
dropped a burning match In the hallway'
and when he saw the flames spring up he
ran lnsteal of raising an alarm. He fled
"fJght to St. Louis and later learned
't' "ma" "au ""' l.
the penitentiary on circumstantial evi
dence. Recently while attending a Sal
vation Army meeting he broke down and
to an arm y captain. Two Sal
I vulln. Armtf nffiottra n nenm ni n tail YLHI-inv
vatloa Army officers accompanied . Wilson
to the police station. He is being held
by the police and notification has been a-jnt
the Montana authorities. '
EARLY REPORT ON TREATY
I Senate Committee on Foreign Affairs
Considers Eight Sections, but
May Amend.
WASHINGTON. Jan. 7.-The senate com
mittee on foreign relations today continued
consideration of the Panama treat.
When the committee adjourned eight sec
llu" nai oeen au B3a uiBcussea. ine
democratic members suggested' a number
ot amendments Intended for the purpiso
of strengthening and making more certain
and absolute the control of the United
States over the canal.
None of these changes was . definitely
acted upon, but the republican members In
dicated a willingness to give them consld
i prnitnn. 'rni'V aeriarra limt rriAv u,-r
rrady t0 muKe changes which would lm
I DTOVa the treaty and it was aenerallv
aOTAul thai iinHil thtt rircaanr hIh.iihi
stances this government would be able to
secure any terms which might be conaid-
ered requisite to secure ratification of the
treaty. If Is now believed that the com
mittee will be ready to reportXearly next
weeu.
INDICTMENTS IN MISSOURI
Nine Returned by Federal Iaqulaltora
at Hannlbnl la PoatolHce
Matters.
HANNIBAL, Mo.. Jan. 7.-Th federal
I grand Jury, which has been Investigating
I alleged bribery In the purchase of sites
I for pontofflces In different towns la the
I state, made report late today- returnlug
I nine Indictments. Against whom the In
I dictments have been returned has not been
I made public, nor hay the charges been
made known.' It In said on Indietment
I ttutrgs embesslement of poatoOlc funds.
I . .
I T" discharged.
LAWYERS ARE IN EVIDENCE
targe Kumber Attracted by Hitting of tha
State Bar Anociation,
WEBSTER ON LAWYER'S PLACE IN HISTORY
Jaatlce MeClaln of Iowa Talks on
'Civil and Common Iw"-Heeep-tlon
lo Judaea of Supreme
and Federal Court.
Owing t6 belated trains and the Import
ant proceedings now pending In the United
States court, the proceedings of the open
ing pesMlon of the fourth annual meeting
of the Nebraska State Bar association were
necessarily somewhat curtailed yesterday
afternoon. Merely routine business was
transacted, the most essential part of which
was amendments to the by-laws which ex
cused nonresident members from paying
dues.
New members elected were: Edgar Fer
neau, Auburn; W. L. SUllmnn, Omaha;
W. C. Brown, 'Springfield; J. J. Helllgan.
North Platte; 11. S. Daniel, H. H. Bowes,
C. J. Smythe, Omahu; John C. Hartigan,
Faii-bury; Lewis Paulson, Mlnden; M. T.
Uarlow, Grand Island and E. E. Good,
Wahoo.
The delivery of the annual address by
President John L. Webater, announced for
the afternoon session, was deferred until
the evening meeting.
The city council chamber presented on
animated and Interesting appearance last
evening on the occasion of the public recep
tion to the members of the Nebraska su
preme court and supreme' court commis
sion. Among the visitors were many, of
the most notable lawyers of the stuto, and
the Interest of the meeting was much en
hanced by the presence of muny women.
The audience Included nearly the entire
bar of Douglas county, with a number of
leading legul lights from Council Bluffs and
South Omaha.
Judge Barnes Presides.
The meeting was called to order at 8:15
by President John L. .Webster, who an
nounced thut Hon. J. B. Burnes of th
Nebruska supreme court would act as tem
porary chulrmun for the early part, of the
meeting.
Upon assuming the chair Judge Barnes
was greeted with applause. He said:
'"Ladies and gentlemen of the state bar
association, I esteem ft a very high post
of honor to preside over this meeting. It
Is neither expected rior would It be ap
propriate for mo to make an address at
this time. We are here to listen to the
addresses of the distinguished president
of the association and of Judge . McClaln
of the Iowa uupreme court. I have there
fore the pleasure of presenting to you the
Hon. J. L. Webster, president of the Ne
braska Bar association."
, Webster's Annual Address,,
Mr. Webster was warmly applauded as
he -came forward, und at once proceeded
to the delivery of his annual address as
president of the association.
President Webster had. for the subject of
his annual address "The Lawyer: His Place
In American History." He treated th
topic In a soholurly and Interesting .man
ner, briefly calling attention to the brilliant
achievements of the many learned and
profound lawyers wliose names grace the
pages of American history, outlining In a
word or two tbe notable achievements and
public services of each and telling of the
benefits that had accrued to the public be
cause these men had devoted the riches of
their experience and acumen to the public
good. His concluding remarks were de
voted to the constitution of the United
Stutcs and Its present day destiny. Qn this
head of his address he said:
The constitution of the United States Is
a written document, but from its general
-tleclaratlons and implied powers it possesses
flexible qualities. Back of it there ure the
. necessary Inherent powers of national sov
ereignty. The supreme court of the United
a la us took up the wora wnere Hamilton
left It off during Washington's administra
tion and has Kone on from time to time
applying and adapting that constitution to
thw necessities of ciiunged conditions.
An Engllhhman said some year ago: ''It
is therefore hardly an exaggeration to say
that the American constitution us It now
stands, with the mass of fringing decisions
whlsh explain It, Is a far more complete
and finished Instrument than It was when
It fame fire-new from the hands of the
convention. It Is not merely their work
but tne work ot tno junkes ana most or
all of one man, the great Chief Justice
M-frsliall." But since that day a yet more
liberal view has been taken of the consti
tution when applied to the exigencies and
the necessities of a nation which has be
come a world power. Prof. Plngrey has
put the query,. "Is the constitution of such
a nature that It must be construed and In
terpreted to meet the exigencies of the
time In a manner subservient to popular
sentiment and progressive history? A
Canadian writer In a book entitled The
New America, puts the uuery: Has the
supreme ccjrt plenary powers to modify
its Constitution by a construction and In
terpretation to meet the demands of civil
ization? Have the executive and legisla
tive departments potentiality to Ignore the
constitution when expediency seems to re
quire It? rnese writers, nowever, were
speaking as critics and not as lawyers
or stutesmen. But thre are reasons whv
great Jurists and statesmen should look
into couuitions as tney exist wnen tney ap
ply to them the words and sentences of
the constitution. l'rof. Taylor has well
stated the case in the following' sentence:
"Even those of-our people who are neither
readers of history nor students, of the
science of politics are beginning to under
stand thut the silent and irresistible law of
growth - whlcti vpands thn girdle of the
wu, ib an equally trresistihle law of our
national life, which neither legislators.
jurists, nor sentimentalists can suspend or
control.
hi 111 Fits the Government.
Tho question has sometimes been asked:
' lias the L lilted Mates outgrown the con
stllutlon Tliu statesmanship of the gnat
lawyers who have compost-d the supreme
court of the United rkaies has substan
tially answered that question by giving to
the constitution that flexibility which has
mailo it applicable to existing conditions.
It may bu said of both the British and
leijerai constitutions that they are "bun
dies of Institutional principles." many of
which are older than the English speuklng
race. On another occasion I said: "The
constitution may b compared to the stwd
framework of a mammoth building. The
rooms and apartments und corridors may
be changed from, time to time to meet
the necessity of the occupants; the. walls
may be torn out and reconstructed: It may
be changed In color and exterior appear
ance; but the steel framework, strong,
massive, enduring, continues to support
tho structure, sustaining all weights and
weathering ull storms. It need not be de
molished until the building us an entirety
snail come down, ana ir nestroyed the en
tire superstructure may become a wreck
und ruin; but if permitted to stand, It may
last through the cycles of time, an im
perishable monument of a representative
government.
Tbe Monroe Doctrine.
There is no policy of our government
thut lies closer to tne Hearts or tne Auier
loan ieople 'than the Monroe doctrine, its
earlier expressions may be, found scattered
tlirougU the writings of the lawyer, states
men. Hamilton, Jefferson. Adams, to sthe
lawyer president, James Monroe, who gave
it mtlelul form and declaration.
During tiie administration of President
Cl?vtliid U became necessary to SDl'ly
that doctrine to a new condition, and to
give It a broader scope and meaning. Great
Britain was aliout to seise a part of tbe
territory of enesuela. 1 hen It was that
oue whose whole life had been devoted
to '.he law, and who for the first time, as
It Were, 8teps-d from the court room o
l ,) W WIUUH V, Allir, ll CUIIVI , 111
(Continue on Ninth Page.)
NEBRASKA WEATHER FORECAST
Fair Friday and Saturday,
Temperature at Omaha, Yesterday!
ntiur, liri, Hour.
n a, m 2 li, n ! I
n. m SH 2 p. m ft?
a M. . n m. .... At
. ........ " r - - - I
M a. m AO 4 p. m "
m. ni ', M fl p. m t.JI
lO m. m M n. ra ' I
it a T p. ra ",l
l m. 4 h p. ra 4:1
I) p, . 40 I
PLACES DANTE ABUVt . ALL
p..! a I a. n.ai.p.1 h .. 1 . ltlsrh
Priest of Nature's
roet. '
Dnnte. the Florentine, gifted beyond the
ken of man, the high jjriest of natures
poets and poetry, tho greatest of all tho
fine' arts, embracing all osiers and the
music of nature itself."
Such was the manner In which Rev. M.
I. Strltch, S. J., proressor of literature at
Cr-lghton university, apostrophised Dunto
In nis lecture A tho New Churcfl, Twenty-
third snd Blnncy streets, to a large audi
ence last night on "Danto as a World
Poet." Tho lecture was the second In the
series to be. delivered In aid of the New
Sacred Heart school.
Prof. Strirch reviewed Dante's early lfe.
pictured the environment snd atmosphere
In which ho grew up, which helped to
round out the character of the great poet.
Referring to the growing Interest In Dante,
he said: i
"Perhaps there never was n case of re
vived Interest - in an author thut revived
Intoresf has reached In Dante. All great
universities are adopting the works ni
Dante ns standard und are teaching the
Ideals he was master of. All great men
of literature recognize In Dante the world's
grentest poet and volumes of prose Vave
been written, and the press is today pub
lishing folumns on the work of this grt-at
Florentine. Ills works stand as a monu
mentthe highest human Interest can
reach, tuking rank with Tlato, Homer and
the best of Shakespeare," and more beauti
ful and perfect than all of these.
"Dante combined the elements so essen
tial to produce the master poet. He was
like a central flower in a rose garden,
branching out and spreading a rich frag
rance over all the rest, blessing humanity
and shining with a transcended glory which
reached the throne of heaven. "
IMPLEMENT DEALERS ADJOURN
Interstate Association P.lects Officers,
Passes Resolutions and Closes
Its Convention.
The Nebraska and Iowa Implement Deal
ers' association finished Its work yester
day and adjourned. The mornlna session
was devoted to the reception and consldera-
tlon of thn renort of thn various enmmlt-
tees, all of which were upproved.
It was decided to proceed with the or-
ganlzatlon of the local associations In the
various counties and districts and to con-
tlnue the state association.
Theso officers were elected for tho en-
Ruin your: Prefldent, B. II. Freeland.
Onawa. la.: vice ureftident. Jerome Shainu.
Lincoln: director for throe years. Ed L.
Culver, South Omaha: director or one year,
W. L. Battin, Greenfield. Ia.. Paul Her-
polsheimer of Lincoln Is the hold-over mem-
ber of the board. Delegate to the National
Federation, L. J. Blowers of Duvld City.
The executive board Will elect the secre-
tary and treasurer.
Resolutions were adopted at tho final scs-
f Ion favoring the abolishment of tho parcels
post, atklng a repeal of the present bank-
ruptcy laws, reprehending the' custom of
wholesalers and jobbers selling goods at re-
tail and two or three'mortuary resolutions.
OTHER LICENSES ARE GRANTED
Twenty-Sx Saloons In Third Wtud
Are Given I, rave to Contlnne
in Business.
At the meeting of the Bonrd of Fire and
Police ' Commissioners yesterday the
matter of thn protests against tho grant
ing of licenses to tho drug stores of Kuhn
c Co., Fifteenth and Dotiglua streets, and
Charles E. Lathrop. 1324 North Twenty-
fourth street, was taken up. -
The protests were filed because the pro
prietors of the storea had failed to comply
wltK 1. Ian. In iilifaHl.lniv In lh. . . ,l I .. 1
nan.e nf .ha ,-itv After .n vhh
aminatlon 'the Kuhn case was decided In
favor of the applicant snd Attorney Con-
nell for The Beo served notice of an an-
peal to the district court.
Evidence was taken In the Lathrop case.
but it was not complete up to the noon re-
cess and th case was continued until this
morning at 10 o'clock.
Twenty-six licenses were granted to sa-
loons In the Third ward durlna the fore,
noon. This makes about X licenses In a!l
which have been granted.
ROBBER SHOOTS TWO CAR MEN
Kills Motorman Oleaaon and Fatally
Injures Conductor Brighton In
Salt Lake City.
SALT LAKE CITY. Jan. 7--John Glea-
aon, motorman or a consonaatea street
Railway car, was shot and killed and
Thomas Brighton, the conductor on the
same car, was fatally shot today by
masked highwayman who was attempting
to rob thorn of their money and valuables.
The assailant escaped immediately after
the shooting and without securing any
booty.
WRECK SIMPLY UNAVOIDABLE
Coroner' Jury So Declares After In-
'veallgatlng the Laurel Run
Disaster,
COLLINSVILLE. Pa, Jan. 7.-The cor
oner's Investigation oC the wreck of the
Duquesne Limited Expreus on the Balti
more Ohio railroad neur Laurel Run,
Pa., on the night of December 23 lai-t,
closed lust night and fter hours of delib
eration the jury rendered a verdict that
the wreck was unavoidable.
GENERAL GORDON FATALLY ILL
Oplalen of Physlelaaa' Leaves J Hope
for Commander of Coafed
erate Veterans,
MIAMI, Fla.. Jan. 7. General John ft.
Gordon, commander of the United Confed-
crate Veterans, Is critically 111 at his
home. BuK-syne. of Inflammation of th
stomach, caused by arute indigestion. A
consultation of General Gordon's phy-
slcUns tonight leaves no hop for re-
covery. v
QIVES RULING. TODAY
fj - nrt Pmmlini to Deoitle the Vital Point
,
- 10 Uietfica VsBB.
. mn ... .,.
MAT BKINw rntotN I IMA!. IU An Lnu
Wai TJletriah Senator Betwea Appointment
t!...in
auu innui voiiii o'" Mtu
H1S ATTORNEYS DECLARE HE WAS NOT
On Basil of lotion at Private Uitiien Bay
They Will Clear Him.
RATTY REVIEWS HISTORY OF RENT DEAL
Great Interest Still Manifested In
Trial by l.nrg Attendance, Among
Whom Is Daughter of Sen
ator Dietrich.
The J nay.
Philip Potter, real estate, Omaha.
E. I.. Potter, printing. Uniaha.
C. 11. Justice, merchant, Friend.
John 11. Knowles. merchant. Fremont.
i William Carroll. Implements, Fremont.
AlUt'll r.lllllg, llllliei, Ulium ij.iuii.
U. L. Kennedy, farmer. Brownvllle.
George Heck, hotel keeper, McUook.
C. A. Phillips, luinkcr, Lincoln. '
H. P. Makelev, insurance, Grand Island.
W. 8. i.'oriuitt, lumber, Nebraska City.
William Wooila, harness, Sewurd.
Was Charles H. Dietrich a United Stale
senator between the time ho was elected
and the day he took the onth of office?
This is conceded now to be th pivotal
question In his trial for alleged bribery In tha
Hastings postofflce appointment, which lie
gun yesterday In the United Slates district
court. It Is tho point upon which the whole
caao hangs, was atgued by opposing coun
sel yesterday afternoon and is now In tha
hands of the court, which plans to hand
down a decision at II o'clock this morning.
If It Is held that Dietrich was not a
senator In the meaning of the statutes)
under which he Is being prosecuted, tha
result will be a quashing of the Indictment
charging tho acceptance of a bribe, as tha
government alleges ull tho acts specified,
were committed before the senator was)
sworn In. If the court holds in favor of '
the defendant tho entire case that the
prisecutlon has built up will full. There
will then remain one p.tse to be tried
that under the Indictment charging that .
tho senator held and enjoyed a leaso with
the government for tho postofflce budding
at Hastings.
Demurs to This Charge.
To this Indictment the' defense has filed
a demurrer on the grounds that tie ln
dlctment docs not sufficiently charge at
crime waa committed, lnasmucn as uiet-
rlch was not a member of congreaa when
tne lease was txecuiep ana lor otner rea-
"on8 a" technical nature. The court hag
not yet decided tnis question, ana upon its
finding rests tne question wnetner or no
the leasing case will come to trial.
Yesterday, which was really the begin
ning of tho bribery trial, waa a day full
1 ot surprises. A Jury was obtained In oua
and one-hnlf hours or . in much less time
than had been anticipated; tho district at
torney -outlined hla plan of pr;octi'.l6n In
the t penlng address to the Jury ana
brought out rothlng. that had not been
made public In connection with the grand:
Jury Indictments; Attorney R. A. Batty
sketched the theory of the defense, Which,
in brief. Is to the effect that the contracts
as stated by the government are admitted.
but that they all were made In good faith.
In a business way and with no thought or
Intention of bribery as a condition for thai
postofttye appointment.
Lastly came the raising by General Cowln
of an objection to the Introduction of
evidence by the government, beratlsa the
district attorney had stated that all the
acts, alleged to bo criminal, wore com
mitted before Dietrich took the oath as
senator. He Insisted that the question In
volved had been forced to nn Issue and
Should be pnssod upon beforo the cr.se
proceeded.
tvmniers Ready to Argue.,
The. district attorney admitted thst the
proposition had been fairly raised and aald
he was ready to argue upon It. Ha had
prepared nn exhaustive type-wrlfteil In
terpretation of the statute under Which ,
ho is trying to convict Senator Dietrich,
which waa much devitalized by very search.
Ing questions put by Judge Van Davanter.
Tne reall' l'ectucular purt of th day's
proceedings came in mis connection.' tun
colloquy ensuing between the court and
the prosecuting attorney being more that
of a lawyer and a witness tnan anything
elBO- The Ju,10 repeatedly - interrupted
Bummers ar.d toog issue wun mm on in
Interpretation of legal points; also being
especially diligent In making clear matter
nf fact. While no one In the court room
I was presumed to know the Mind f the
court, yet It- was clear many times that
the mental processes of Judge Van De
value r were ut variance with those of the
district attorney.
Omaha -courts never have been called
upon to accommodate larger or mora In
terested crowds than are attending the
Dietrich trial. All day yesterday scores
of persons filled all possible standing room,
both Inside and without tho railing, obscur
ing the view of those who wore fortunate
enough to obtain chairs. The latter kind
of furniture was ut a premium and so dens
were the people that Judge Van Devanter
made, a special request upon United States
Marshal Matthews t keep the room well
ventilated. The people present included
"tute officials, men -who rank high at th
Nebraska bar and a number of women.
The opening sessions of the atat bar as
sociation did not divert th attention of
many lawyers from the unusual trial .of
g United Status senator on tho chsrjr'
of bribery. , I
Senator's Daughter Attends,
Miss Gertrude Dietrich, tha daughter of
the senator, waa present all day, and,
chaperoned by Mrs. U. W. Holdrege, 'was
the center of much Interest. She, la a girl
of about Tl, with a great masa of brown
hair and a delicate complexion. All along
her Interest In the case has been most In
tense, but, like her father, sh showed no
anxiety pt traces of nervousness, simply ,
regarding the proceedings steadfastly and
without comment. Other women who were
there were: Mrs. W. S. Summers, Mrs.
8. It. Rush, Mrs. W. R. Llghton. Mrs. W.
II. Muiuwr, wife of one of the presiding
Judges; Mrs. W. 8. Sunderland, who was
presentwllh her husband; Mrs. George H.
Thummell and Mrs. Frank E. Co,
Among the lawyers present were: Lieu
tenant Governor McGUton, Charles J.
" veioy, wno mumoea law
I uoosa, juoge worge w. Loane, -supreme
I court commissioner Dume. Judge lialner
Kearney and Judge N. D. Jackson of
Nallgh. Th women occupied a position
near th yres labia, where vary lmpor-