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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 2, 1904)
The : Omaha Daily Bee. EX-SENA TOR CHARLES A. TOWNE, VICTOR ROSLWAUR. EDGAR C. SNYDER BACH WRITS DAlLT ST. LOU73 CON VENTION ARTICLES FOR THE HEE. PART 1 Pages Ito 8 ESTABLISHED JUNE 19. '1871. OMAHA, SATUKDAY MORNING, JULY 2, 1904 SIXTEEN PAGES. SINGLE COPY THREE CENTS. STEELE OS PEABODY Dissenting Judge Points Oat Authorities to Show Governor Has Violated Law. ESTABLISHES DANGEROUS PRECEDENT Cannot Declare Martial Law Where Civil Courts Are Performing Function, HAS ERECTED AN ENGINE OF OPPRESSION Bo Such Power is Vested in Him by Con stitution Of United States. LEGISLATURE ONLY HAS POWER HE CLAIMS fit He Deports Uan This Yone Tbcrt U If Raan Why Bast Gavoraer Caaaot Depart FarmeraJ DENVER, July L Jus tie Robert W. Steele of th state supreme court today filed bl opinion. dissenting from the de cision of the majority la refusing a writ of habeas corpua to Charles H. Mover, president of the Western Federation of Miners, held as a military prisoner at Tel lurite by order of Governor Peabody. The opinion, containing nearly 18.000 words, deals exhaustively with the situation created In this state by military rule and cites a mass of authorities to show that only the legislature oan suspend the writ of habeas - corpus. Justice Steele says In part: . "No person who has the slightest claim to respectability should hesitate to approve the action of the governor in enforcing the law, and I am willing; to uphold him and to applaud him so Ions as he keeps within the lines of the constitution. But I am not willing to uphold him, when In my opinion . he breaks down the barriers erected by 1 tile people for their protection, nor am I 'wllng to accord to the constitution elastic . SsSperties for the purpose of sustaining aim,- nor to Join In the establishment of a precedent which will not apply to other - classes or others conditions when another "sovemor undertakes to exercise the same arbitrary power. "1 am not willing to concede the power claimed by the governor and exercised by him, because. In my opinion, such power - la not vested In him by the constitution. The people could never have Intended to erect such aa engine of oppression. Establishes Dangrroas Precedent. It follows, of course, that If the present executive Is the sole Judge of the condition which can call Into action the military power of the government and can exer cise all means necessary to effectually abate the conditions, and the Judlclnl de partment ' cannot Inquire Into the legality of bla acta, that the next governor may by his ukase,- exercise the same arbitrary power. If the military authority may de port the miners this year It oan deport the farmers next rear. "If a strike which la not a rebellion must be so regarded because the governor ears " It is. then any condition must be regarded as a rebellion which the governor declares ' bo such: -and if any condition must be regarded as a rebellion because the gov- . amor say so, then any county In the state mar be declared to be in a state of rebel- Von. whether a rebellion exists or not, and very citlsen subject to arbitrary arrest and detention at the will and pleasure of the head of the executive department. We may then with each succeeding change In ' tie executive branch of the government have class arrayed against class, and in terest against Interest; and we shall de- - pond for our liberty, not npon the constitu tion, but upon the grace and favor of the governor and hla military subordinate. "In no other case presented In this court have principles so important and so tar- - retching been Involved. It was elaborately and ably argued, and the position of coun sel a clearly denned; yet the court has era the fundamental questions presented an taa based Its decision upon theorlos " If ago determined by Jurists and state. 1 to be illogical and falsa." . Peabody Violet Law. oa Steele then quotes numerous high ' Htiea to show that the constitution ' I never contemplated niacins; the . lot suspending the privilege of the wi. I habeas corpus la the hands of the executive and that the power Is exclu sively vested Int the legislative branch. Continuing, Judge Steele says: "The aw tborlty la overwhelming that the position of the governor caanot be sustained, that the power of suspending the privilege of the habeas oorpua writ la legislative and not executive; that martial law can only prevail in places where the civil law Is overthrown by force, and that It exists only so long as It is necessary to reinstate '' the courts; that martial law cannot pre vail where the courts are open and axercia tng their functions; that the Judicial de partment will take ' notice whether . the courts are open or have been overthrown by superior toroa, "This aoart baa not undertaken to de- dare the position take by the governor and hla special counsel aa correct, but has aald that the right of the governor to da- , clara and enforce martial law ajul im pend the privilege of habeas corpua la not - Involved. The court would have sustained the governor under the authorities If It were poealble to do so, but finding It Im- possible to sustain him under the author! . ties It has sustained him la spite of them Uoatea tha Oonstltatlasu . "But I believe that the constitution has beeo. unneoeneartly assailed and rudely violated by the head of the executive de partment, and , I further believe that this court has removed the landmarks which our fathers have set. and my duty i quire ma to withhold my approval. - "It Is entirely probable." says Justice - Steele la tb course of hla comments an the opinion of his colleagues, Juaticea Oab bert and Campbell, "that the act of the governor In calling to his aid the military . arm of the government cannot be ques tioned, but when It comes to superseding the civil power and exercising military law, to disobeying the writ of habeas oor pua or other process of tbe court, to de taining citlsen upon suspicion, thea the question of whether aa Insurrection exists Is not to be determined by the governor's proclamation. "The court has not construed the con stitution. It has Ignored It and the result la that It has made greater inroads on the constitution than It Intended and that not one of the guarantees of personal liberty can now be enforced. "When the court aays that because the governor la the head of tbe executive de partment of the state, that when he takes command of the military forces he Is still , at the head of the civil power and that the eaction of the bill of rights which de clares That the military shall iwaj s be ICtMtUuaed ua Seventh, J HAYTIEN INCIDENT IS CLOSED S Par as rtaaea U Cssrsrse taca Ua Is Satisfactorily Adjastoa. PARIS, July L The Haytlan Incident has been satisfactorily adjusted so far as Franc Is concerned. The foreisn of has received a dispatch from P- 0 . Prince saying that President ,., V loVA made the most complete apoh '- . Indignity shown the French mis, .. The Haytien government's action Includes the punishment of those guilty of the outrage, a public apology and assurances of se curity for the future. Foreign Minister Delcaas Informed the council of ministers today that the presi dent of Haytl had given a public audience to the French and German minister and has publicly apologised. Although the ac tion of Franca was Independent of Ger many throughout, each government ap pears to have taken aim liar measures. rHEHlES COMBES IS CEBSIRED Chamber ( Depatle Votes to - pre Tatleaa Ex pease. PARIS. July L The budget committee of the Chamber of Deputies today voted for the suppression of, the appropriation for the French embassy at the Vatican and passed a resolution which will be In corporated la the committee's report to tbe chamber, censuring Premier Combes for his refusal to express the views of the government on the subject. British Steaaaer I Disabled. ST. AQNE3, Scllly Islands. July 1.-A boat belonging to the British steamer Ping Buey and having on board lta second officer and four of the crew arrived here today and reported that the Ping Suey broke Its shaft In the stern tub In latitude 49 north snd longitude 0.7 west. The vessel Is In no danger. The Ping Buey left Vancouver March 14 and Tacoma March 24. touched at Japanese, Chinese and other ports and sailed for Liverpool from Rangoon on May X. Preach Statesman TV lee Salrlde. LONDON, July L A dispatch to the Ex change Telegraph company from Paris says that the former premier, Waldeck Rousseau, who underwent an operation May (. has attempted to commit suicide. His wife, it is added, arrived on the scene In time to aav hla life. Negro Confesses Crime. HAVANA, July 1 A Cuban negro baa confessed that bs was the perpetrator of the bomb explosions recently on the Cuba Eastern railroad at Guantanamo, and Jam Stuart, a Jamaican, who had been arreated on suspicion of having caused the explosion, has been released. BOOM FOR COLONEL GUFFEY Pennsylvania Man May Be the Dark Horse to Carry the St. Lamia Cone-cation. PJTT8BURO. July XDaroocrntio na tional committeeman Colonel James M. Ouffey and his secretary, accompanied by J. K. P. Hall, democratic state chairman, tonight started for thr democ ratio na tional convention at St.' Louis. Following his announced policy. Colonel Ouffey re fused to say a word aa to tha outcome of the convention and would give no Intima tion as to hla choice for the presidential nomination.- Mr. Hall contended himself with this statement: "Tha Pennsylvania delegation will caucus on Monday night and nothing will be known aa to our attitude till that time. believe that tha nominee at St. Louis will be supported gy th entire party." After tha departure of Colonel Ouffey for St. Louis, Party Controller John B. Larkln announced a boom for the colonel's nomina tion for tha presidency. In support of his suggestion. Mr. Larkln says. -Colonel Ouffey la not only an able leader of men, but a conservative one, of the broadest business views, acquired through tbe devotion of a lifetime to a business seo ond to none tn this country. Ho stands well with tha business men; h standa well with tha workingmen; the national leaders of tha party would rally around him aa they would about no other man named. and this country could be assured during hla Incumbency aa president, of commer cial relatione with tb world on a sound business basis, through one of tha leading business minds of tha United Statea TWO ARMY TRANSPORTS SAIL Sbermaa Caa-rl Paaaeager sua Bolo to Fat Kaat an Bafora Gaaa t Alaska. SAN FRANCISCO. Jury L-Two army transports sailed today, the Sherman for Manila, via Honolulu and Guam, and tha Buford for Alaska. Tha Sherman carries about 100 saloon paasengera, thirty-seven unasslgned field artillery recruits, thirty three unasslgned Tecruits for the coast ar tillery at Honolulu, 4,000 tons of army sup plies and S5.00O.00O la money. Of this amount t2.OOf.000 Is In tbe form of silver oertiflcatee and S3.000.000 la specie. Captain Robert I Hamilton la In charge of th recruits. Brigadier General F. M. Coxa la a passenger for Manila. On board tha Buford, bound for Alaska, are about SG0 men of th Third Infantry who are to be stationed for the coming year at tha various military posts of the far north. Two thousand tone of army supplies are in tha Buiora a hold. . PRINCES VISIT ST. LOUIS Goors-a aa4 Conrad at Bavaria Travel laoaa-atta aad S tha Warld'a Fair. ST. LOUIS, July L Th German section In the Palace of Varied Industries at th World'a fair waa visited today by the young Bavarian prince. George and Con rad, grand nephews of Prtnos Regent Lultpold. They wer accompanied by the Imperial commissioner. Dr. Theodore Lo- wald. Mr. Zllllng. th German chief of this section, and Mr. Victor Guggeaberger, tb representative of the Bavarian Art Industrie. Th princes are traveling strictly Incognito and will devote tha time of their short visit here to a thorough study of th exposition. ANOTHER ROAD BRINGS SUIT Weetera Bad Wants t Provost Brokers trass cilia Woe-ld'e Fair Tfeket. i ST. LOCI S, July t Th Missouri, Kan sas at Texaa Railroad company filed suit la ths circuit court today against William J. Medusae. F. Harry. David GrUnee. Isaac Kafca, Job a Maxey. Behubach at Sugg. Benjamin D. Marx, John 0'KeU Peter W. De Minis. John B. Pugh and Ben Ho loin o te reslraia them from dealing in Wortd'a fair apodal1 rale tickets. - PAUL MORTON- TAKES OFFICE Tikes Oath si Secretary of the Hstj in Presence of Predecessor. Sv-S OFFICERS OF THE NAVY Wark aad Later Atteada First Meeting; f th Cabinet Held After Hi Admission aa Member. WASHINGTON, July L-Paul Morton formally assumed tha duties of secretary of the navy today, succeeding Mr. Moody, who becomes attorney general of the United Statea. Mr. Morton waa accom panied to the department by Mr. Moody where, In the presence of the retiring sec retary and Assistant Secretary Darling, the oath waa administered by Solicitor Hanna, of the Judge advocate general's office, thus completing the formal transfer of the de partment to new hands and marking the Induction of the new secretary. In congratulating Mr. Morton, Mr. Moody ild to him that In bis contact with the officers of the United States navy he would meet some of the best men of the world. Mr. Darling extended his congratulations and good wishes, after which an Informal reception was held in the big room ad joining the secretary's offices. The naval officers on duty In the department, headed by Rear Admiral Taylor, chief of the bu reau of navigation, were presented to Mr. Morton, each In turn being introduced by Mr. Moody. The chief civilian officers of the department then were presented to the new secretary, after whlch( Mr. Morton at once took up his new work finding a batch of mall awaiting signature. Later he ac companied Mr. Moody to tha cabinet meet ing. Mr. Moody was sworn Into office aa at torney general a short time before Mr. Morton became secretary of the navy. The oath of office. Which was administered by Mr. Graves, the appointment clerk of the department of Jostice, was taken In the presence of Mr. Knox and tha chief officials of the department. Metaalf la Swera In. Victor H. Metcalf, former representative from California, waa today sworn In as secretary of commerce and labor to suc ceed Oeorge B. Gortelyou,. who resigned to become chairman of the national republican committee. Th ceremony occurred at the White House at 4: this afternoon, the oath being administered by Executive Clerk Latta. The president. Secretary Cortelyou and Secretary to the President Loeb were present. Meeting of Cabinet. Felicitous greetings and an informal ex change of views characterised today's meeting of the cabinet. The new secretary of th navy. Paul Morton, and the new attorney general, William H. Moody, at tended the meeting In their new capacities. Th meeting was attended also by Senator Knox and National Chairman Cortelyou. Mr. Cortelyou, Mr. Knox and Mr. Moody resigned last night from the cabinet posi tions which they had held hitherto. ' Mr. Metcalf, who succeeded Mr. Cortelyou as secretary of commerce and labor, will be a gueat of th president at ths White House tonight. Preachers Mast hot Speculate. Th ministerial committee which tried Rev. W. F. Cockran and Rev. C. B. Baker of th Wilmington Methodist Episcopal con ference on charges of indulging In stock speculation, today returned a verdict of guilty, and both were suspended until the next session of the conference, which will bo held In March, 190S. Mora Than Ma Million Kegrae. The census bureau today Issued tha final bulletin on the negro population. The number of negroes In the United States, Including the entire area covered by the twelfth census (continental United States, Alaska, Hawaii and Porto Rlon) Is 9.204,531. perhaps, a larger nunber than Is found in any other country outside of Africa. Bingham Get a Star. President Roosevelt today directed th appointment of Colonel Theodore A. Bing ham as a brigadier general. Th appoint ment U to take effect on July 4, when General Bingham will retire. Hew Ftsnastr at Dallas. Th president today appointed D. A. Robinson postmaster at Dallas, Tex. There had been a vigorous contest over th NEW YORK BRINGS AN AXE BEastas-a Democrat Arraaglaa- Plans t Knock Oat th Tammany Oppasltloa to Parker. UTICA, JC July L Former Senator David B. Hill, former Lieutenant Governor William F. Sheehan, Jacob A. Cantos, Eliot Danforth and other adherents of Chief Justice A. B. Parker, while on tha way to tb democratic national convention. are perfecting plana for a complet de struction of Tammany's opposition to their candidate. , Senator Hill professed to believe tonight thai Judge Parker would be nominated on th second ballot. If not on th first, and that tha nomination would be affected on Friday. It was learned that Mr. Sheehan carries tn hla pocket four proxies of na tional committeemen who cannot be pres ent at the meeting scheduled early in th weak and that ha expects to us them In perfecting th temporary organliatlon tn favor of Judge Parker. .This will be a great advantage gained, for th seating temporarily of delegates from contesting states favorable to Judge Parker will give them th naming of mem bers of th ootnmitte on credentials who will make th permanent vote controlling ths delegations. FATAL EXPLOSION ON LAUNCH Two Person Mortally Iajarcd sal Ftv Hart la Leaser Dagr t Minneapolis. MINNEAPOLIS, July L Two prominent society and club men of Mlnnespolls re ceived Injuries from which they wtll prob ably die and flv other persons were se riously Injured In an explosion of a gas oline, launch, the Eleanor, at Tonka bay, Lake Mlnnetonka. Th Injured: Llewellyn Christian, th well-known mil. ler, probably fatally. Oeorge Upton, probably fatally. Harry Merriam, burned badly. Mrs. W. P. Devereaux, leg broken and burned. Mre. Harry Merriam, badly burned. Harry Merriara. Jr., slightly burood. Prudence Merriam. slightly burned. Mr. Christian waa entertaining party of six grown persons and two children and his boat was beaded for th bay whan the explosion occurred. It was caused by a leak In the gasoline tank and the boat was wrecked. It is due only to the fact that a number of sailboata and row boats war in th bay that tha party aca(o4 dcaU GOVERNOR MICKErS ADDRESS "Character Balldlag" th Sabjeet of a Talk Before th Natlaaal Cea veatloa of Tsssg Peeple. ST. JOSEPH. Mo., July l.-Oovernor Mickey of Nebraska addressed the na tional convention of the Young Teople's Christian union tonight on "Character Building." He asserted his belief that Abraham Lincoln. 100 years before his birth, was destined to become president. The name of Joseph W. Folk, the St. Louis circuit attorney and boodler' prose cutor, was loudly cheered at the session. Rev. H. H. Marlln of Pittsburg road an address, in which he said: "There Is a man In this state In whom the world s manhood is Justly proud, snd he Is the product of a common vital faith. Of Americana, this man Is among the bravest and noblest. If the corruption he uncovered is Missouri's shame, the man who had the courage to lift the lid from a malodorous Iniquity Is Missouri's glory. Other states possess as deep a guilt, as black a stain, us base a treachery against the public trust, and they have not yet manifested that they hold within their borders a man of his stature and moral power." He said Missouri owns In Mr. Folk a king, and he believes that he possesses the righteous convictions which will give to him a crown and a throne. In closing, he dramatically exclaimed: "Hall to the man whom no one owns but God." Throughout the address the speaker was Interrupted by deafening applause. . WESTERN MATTERS AT CAPITAL I Raral Carriers Are Appointed aad Kevr Roatea llahed. Estab. (From a 8taff Correspondent.) WASHINGTON, July l.-(Speclal Teie- gram.) Rural carriers appointed: Nebraska Endicott, regular, James P. Batten; sub stitute, William Lltterall. Gladstone, regu lar, David M. Pearston; substitute, none. Greeley, regular, James Pinkerton; sub stitute. A. E. Knox. - Iowa Dow City, regular, George M. Brake; substitute, Ed gar N. Bruner. Rural free delivery routes ordered es tablished Augufet 1: At Fostorla. Clay county. Ia., route embraces an area of seventeen square miles, containing a popu lation of 4S5. Wyoming postmasters appointed: Fish Creek. Albany county, Matilda E. Hall, vice Henry A. Phelps, resigned. - Four Bear, Big Horn county, Nathan Rush, vice William D. Pickett, resigned. The conversion of the Citizens State bank of fcloux Center, la.. Into the First National bank of Sioux Center, with 3. COO capital, baa been approved by the comp troller of the currency. The comptroller has also approved the conversion of the Clay County bank of Vermilion, 8. D., into - the Vermilion National bank, with tcO.OOO capital. INDICTMENTS F0R BETTING Fortr-Twa Persons ,-. Who Ventured - Wagers B the Bawthorse Baca I -. Track Will Be Prosecated. CHICAGO, July 1-A grand Jury today voted Indictments' against forty-two per sons alleged to have been taking wagers at the Hawthorne race track. As a result of this action Sheriff Thomas Barrett, who has refused to proceed against the book makers unless warrants wer Issued for their arrest, will be compelled to serve capiases and to take tbe accused persons In custody or compel them to furnish bonds for their appearance In the criminal court. The bills voted against tha bookmakers are under a section of the law which has heretofore been ignored In the prosecution of race track gambling In Chicago. In the paat Indictments have always alleged that th accused persons were Inmates of a gambling house. Convictions under that section have been impossible, so today's Indictments charge the bookmakers with keeping gambling apparatus. Among those who were Indicted as such bookmakers were Sam Sommerfield) Steve Li'Hommedleu, Marcus Cartwrlgbt, William Applegata and John Cella. VIOLENT DEATH FOR HILL Eastern Waa an Hla Way to Take Government Position Meets M yet er leas Death. BAN FRANCISCO, July l.-John J. HIH. a young man who cam her a few days ago to to proceed to Manila to take an ad vanced position In the Treasury depart ment service, died tonight. Hill waa found on the water front In an unconscious con dition early this morning. A post mortem disclosed extensive cerebral hemorrhage and concussion of tha brain, possibly due to violence. Hill waa last seen last night at hla ho tel, when ha paid his bill and left bis valise, his trunk having been sent on the transport Sherman. Ha cam here from Washington. He was transferred from 6t Asph, Vs. The polio aay It is possible that h exhibited soma of hla money and waa waylaid and robbed. Another theory Is that ha died from th effects of chloride knockout. CHANDLER IS NOT GUILTY Miner A ceased af Dyaasalrlasj las nasi Moan Mia Acaaltted by Jary. CENTRAL CTTT, Colo, July 1 J. E. Chandler, former financial secretary of th Idaho Springs Miners' union, a branch of the Western .Federation of Miners, was today acquitted by a Jury of the charge of arson and mallcloua mischief In con nection with th dynamiting of the trans formed house at th Sua and Moon mine tn July, 1908. Flv other men are wait ing trial on the nam charge. At a previous trial, on charge of con spiracy In connection with' th Sun and Moon mine .explosion. Chandler and a number of other members of th Idaho Springs union war acquitted. MINERS LEAVE TELLURIDE AUtge They Ar Taxed Oa Delias' Par Maatk t Sappast tha 6 ear da. OURAY, Colo.. July L-Moet of th 00 men thrown out of work by th shut-down of th Smuggler-Union mtn at Telluride left Baa Juan county today. One of th departing men claimed that nonunion man wer assessed 11 a month by th mtn manager for the ' maintenance of th guards who wer protecting them and that a vigorous protest had been mad against tb aaeessmeat, i CHAIRMAN JONES IN ST. LOUIS Eajs Williams of Mississippi Will Be Tem porary Chairman. 1 CHANCES OF STAMPEDE FOR CLEVELAND Parker Is Only Other Democratic ("aa. didat Who Is Betas; Talked at at the Coaveatloa Otty. ST. LOUIS, July 1. Former Senator James K. Jones, chairman of the demo cratic national committee, arrived In the city today and took apartmenta at the Jef ferson hotel. He said that no definite ar rangement for the organisation of the con vention has yet been made.and predicted that none will be made until the meeting of the full national committee, which will take place next Monday. He. however, advocates the selection of Hon. John Sharpe Williams of Mississippi, leader of the mi nority in the house, for the position of temporary chairman, and there Is now lit tle or no doubt that tbe selection will fall upon Mr. Williams. . The permanent chairmanship will prob ably go to some northern delegate and Hoi. Thomas E. Barkworth of Michigan and Hon. Patrick A Collins are mentioned In that connection. The committee on ar rangements for the convention will hold a meeting tomorrow, but it Is not expected that It will make any recommendation with regard to convention officers. May Stampede for Cleveland. Practically the only feature of political Interest associated with the approaching democratic convention discussed In the hotel corridors today waa the possibility of an attempt to -stampede the convention to Former President Cleveland. There was a decided effort on the part of some of the friends of other candidates to pooh pooh the suggestion, but others of them, while expressing their confidence that It would come to naught, frankly admitted the existence of the "boom" and set them selves to work! to counteract Its effect. The movement In the interest of Mr. Cleveland, so far as It took shape today, wan directed . against the candidacy of Judge Parker, and for the time being they were talked of as If they were the only possible cardidates. So far no headquar ters have been established in Cleveland's Interest and no delegates who express a preference for him have arrived, but each train coming In from the states east of the Mississippi seemed to bring passengers who regarded the ex-presldent as a for midable possibility. This 'circumstance led to the conclusion that a systematic cam paign had been organised In New Tork or Washington. Parker Men Confldeat. The friends of Judge "Parker met the sit uation boldly and apparently were welcom ing It. They freely express the opinion that the serious discussion of Mr. Cleve land's name In connection with the presi dency will have tbe effect of driving many delegates to their candidate, thus Insuring a larger vote for him on th early ballots than they had otherwise counted -vpon. . Some of the talk In ClevoktAd's oehal comes from the southern states, and th Parker advocates attribute It to the dec laration of the Chicago platform on the race question, which they say have in spired such fesr among southern demo crats that they are willing to accept Mr. Cleveland because of their confidence that he would stand with them on that point regardless of his views on other qcstlona The Parker men say, however, that i la no staunches supporter of the policy of th rule of the white man in the south than other candidates, and'they also argue that his chances of election are no better than those of other candidates. It Is quite freely admitted, however, that If Judge Parker should fatf early to se cure th necessary votes his chances would be materially Injured. May G to Dark Horse. If,"sald a prominent southern senator. "he falls to get the two-thirds vote requl- j sit by the time that ti third or fourth ballot ia reached he will be compelled to retire. "In that event," he added, "the nomination will go to a dark horse, and a very dark horse." Among th dark horses most frequently spoken of ar Senator Gorman and Mr. Folk, th young district attorney of this city, who baa leaped to tha front in tha last two years because of his official record. Mr. Folk ia unknown by sight to a majority of ths visitors, and as a conse quence when be strolled through th Jef ferson hotel today, ha waa unrecognised by the politicians. When, however, he waa Introduced by a newspaper man, he waa cordially greeted. In response to all suggestions connecting his nam with the national ticket, he merely replied that hla ambition was to be elected governor of Missouri. But friends contend if nominated ha would aocept. An intimate political and personal friend of Senator Gorman who arrived during the afternoon set at rest th report that he is la th movement to promote Mr. Cleve land's candidacy. "I know that Gorman Is bitterly opposed to Cleveland," he said, '.'and ba told ine not mora than two days ago that ha would support Parker If neces sary to defeat Cleveland. I will, therefor. not ba surprised to see Gorman vote for Parker on tha first ballot.' Maryland Senator' Ckaaee. Unless there Is a change In present In tentions tha Maryland aenator will be warmly supported by soma delegate from the' beginning. Colonel John T. McGraw and -ex-Senator Da via, both of Wast Vir ginia, who wer among today's arrival, wer outspoken In their advocacy of him, saying that th West Virginia vote would b cast for him from th beginning. On noticeable fact connected with th early arrivala la their deslr to keep f ut of print. Most of them ar willing to talk freely, but with rare exceptions they de cline to permit themselves to be quoted. Th reason generally given for this back wardness la th admitted uncertainty of th situation Delegates Instructed for Mr. Hearst say that gentleman will not. be able to control all hla forces in case of a break, and th claim la mads that even many of them will go to Parker. Indeed th friends of Parker sasert that th Cleveland talk which la now so plentiful will have tha inevitable effeot of aiding their candidate. The Parker men do not accept tha theory that McLean and Gorman ar sincere In their support of Clevelaqd. calling attention to paat an tag o nlam In support of their theory. Longer In advanc than usual tha plat form question la receiving th serious coa slderation of delegates aad others Inter ested in tha party a welfare, and It la al ready evident that ther will be a per ststsDt effort to saour aa expression of party views which wfll meet th approval of all factlona. "W must gat a pronouncement which Continued oa Second Pac4 THE BEE BULLETIN. . Forecast for Hebraaka Showers aad Tbaader Strms Satardsy aad Sea day. ( 1 Pane. 1 Colorado Pirrrat Coart Divided. Paal Mxrtea Takes Cabinet Place. Coaveatloa Gossip In St. l.oale. Xaval Rattle Off Port Artkar. S Raeelaas Do ot Evpe-ct Rial Fight. Minnesota Repabllcaas Xmlaate. 5 Sew from All Part of Sebraaka. 4 Holde Ckarcb Actloa Irreaalar. Bride Get Into Wroag Car. Will Not Attest Pavlag CoatraeSs. B Affairs at Sooth Omaha. 6 Reaalta of the Base Ball Games. Past Week's Trad Conditions. T Bee Is Awarded City Prlatlasr. Yale Wlaa the 'Varsity Boat Race. Edacators Kad Their Session, a Stories Told Aboat Palrbaaka. latcraal Revcaac Receipts Larger, 9 Rslsoall a Madera Robin Hood. Great Disasters af Other Days. 10 Editorial. 11 C'haares oa the Barllagtea Line. City' Tax Receipt Arc Heavy. 13 Story. "Devlla'a Last Deal." 13 Flaaaclal aad Commercial. IS Coaacll Blags aad Iowa hews. Temperature at Omaha Yesterdayi Hoar. Dec Hoar. Dec. S a. a AT 1 p. sb 73 a. a f X p. m T4 T a. m a 8 p. m T.I s a air.... 03 4 p. m...... TS a. m (Ill B p. m TH 10 a. aa rt 9 p . na TS 11 a. m Tl T p. m T4 19 aa T3 p. m Tl tw p 4X) - TWO VIEWS OF SITUATION Oae Military Groap Say So Heavy Flghtlag, While Another Pre dict Big Battle. (Copyright by New York Herald Co., M04.)' ST. PETERSBURG, July l.-(New Tork Herald Cablegram Special Telegram, to The Bee. Total absence of news for the last three days Is fully accounted for by the fact stated in dispatches yesterday tha. heavy rains had stopped proceedings. At a military gathering where I happened to be this morning one set of officers took the view given to you yesterday that light ing is now over for a month at least, ow ing to the submerged condition of the country, while the other side held that no matter what the weather the preaence of two such armies so close to one another makes a decisive battle unavoidable. Reference waa also made to the already exhausted condition of the sea and land forces of both sides, leaving a strong Im pression that the Idea of a future coin premise as a termination of the war ia al ready receiving considerable consideration In Russian military centers. A Mukden dispatch announces that no Russian warships were damaged and that ther waa no loss of life recently at Port Arthur, but that two Japanese destroyers were sunk. I give you this for what it Is worth. Mentioning again that up to date no Russian offclal notice haa been given to tha ' loss or damage of ships, whereas, on previous occasions, such like disasters wer Immediately announced. The question la: "Can the, Japanese have been mistaken In the darkness of the night and the binding glare of th aearchUghts aa te th results of their efforts?" nAIX STOPS MILITARY OPERATIONS Wet Season May Affect Satire Cam paign la Far East. ST. PETERSBURG, July a. mu lt la believed that tha commencement of th rainy season will materially affect th whole military situation. Tb author ities believe that the rain will greatly lessen th probability of an immediate dec! Hive engagement - between General Kouropatkln and General Kurokl and It la thought that the wet weather will cloaa th campaign in tn upper pari oi me Llao Tung peninsula until the good Weauier aeta In. Tbe Japanese will probably oe forced to hold the positions where th rain finds them, as best they can. Th operations around Port Arthur doubt, less will be seriously hampered. It la believed th Japanese will find It neces sary to establish another base, probably on th weat coast of the lower Llao Tung peninsula In order to bring in food sup plies, especially if tne troopj reported to have been landed oa the El liott Islands be sent toward Port Arthur. The Japanese will probably be able to utilise the time in making preparations to push th siege on th resumption of fair weather. - The lengthy report to tha cxar from Viceroy ASeff. detailing tha sally of th Po" Arthur squadron on Jun. a and tha repuls of the Japanese torpedo attack In- dlcates that Rear Admiral witnort waa in no wis caught off bis guard. The ex planation of th fact that th squadron remained In th outer roadstead through th night la that th twenty-four foot Ud at Port Arthur renders tha' channel impracticable for vessels of deep draught at th ebb. Ther la considerable speculation ' as to tha exact position of the Port .Arthur fleet, the latest dispatch from Lieutenant General Zilltisky, ctilef of staff to Viceroy Alexleff, bringing th reports from tha fortress up two days after tha squad won waa supposed to have gone into the har bor without mentioning ths vessels. If tha squadron haa again gone out, as Is popu larly rumored, tha authorities have not disclosed the fact. On War office report saya that fifteen minutes lain flooded the valley near Kai Chau aad that several men and hOrsea wer drowned and conaidarabl quantities of stores were lost. Official confirmation haa been received of the dispatch from Mukden saying heavy fighting waa reported to bava taken place near Port Arthur on June 26, resulting In th Russian withdrawal from Guln Ban Shan after sever loss oo both sides. ' Tb Foreign office has a dispatch from New Chwang dated Jun 10, which an nounced that th Russian warships safely re-entered Port Arthur after tha fight of Jun O and that not on af thera waa damaged. -Raasiaas Bits Llttl BJawa. ST. PETERSBURG, July L Tbe aum total of th special dispatches from ths fa east appearing tn this morning's news papers la a number of belated, fragmentary accounts of ths fighting at Dalln which do not contain any further Information than did tb official dispatch already givea out It la stated that M.000 Japanese wer en gaged In the first day's fighting. Tbe at tacking force Is said to consist of detach ments from both General Kurokt's aad Oea eral Ok it's araalea, WARSHIPS IN ACTION Decisive Narsl Battle is Being Fought Be tween Che Foo and Port Arthur, PASSENGER STEAMER WITNESSES FIGHT Passes Within Fifteen Miles cf Jap Ships, bat Bassisns Are Obscured. EXPLOSION KNELLS FATE OF ONE BOAT Distanoe Makes it Impossible to Distinguish Crippled 8hip, MEDIATION IS NOT AN IMPOSSIBILITY War Demoaatrates Rassla I Caabl to Cop wltk Fa Needs Tost, , Years to Acqalre Santa cleat Strength, CHE FOO. July L-:S0 p. nvWhat should prove to be a decisive naval engage ment waa in progress at 1 o'clock this af ternoon midway between Cba Foo and Port Arthur. Th steamer Che Foo, which has arrived here, passed within fifteen miles of th Japanese fleet, consisting of two battle ships and flv cruisers, all actively engaged. The Russian fleet was not seen, but tha distance of the Japanese from land pre cludes the possibility of any attack on tha land batteries. The captain of the Che Foo says he heard a terrific explosion, but waa unable to discern whether a Japanese or a Russian ship was affected. Th battl la held here to confirm the Chines report that only four of th larger Russian war ships were at Port Arthur last night SHIP9 BISY DODG1SG JAPANESE) Raasiaas Repalae the Eaemy by Steaaulaa; Oat of Danger. ST. PETERSBURG, July l.-Cxar Nich olas has received the following dispatch from Viceroy Alexleff. dated June 10: A report received today from th acting commander of the Port Arthur squadron (Rear Admiral Withoft) states that on tha night of June 2 eight torpedo boats were dispatched to guard th roadstead seven' miles out to .sea. ' The torpedo boats repulsed th enemy's torpedo boats, which had advanced. After this action Commander Elllselen, Lieuten ant Smirnoff and two blue Jackets wero wounded. All the torpedo boats returned toward morning. At 8 o'clock the Novlk, Diana, Askold. Sevastopol, Poltava, Czarevitch. Pobleda, Peresvlet, Retvixan, Bay an and Pallada steamed out Into the roadstead and an chored. Two floating Japanese mlnea hav ing been perceived In tb roadstead, tha squadron remained at anchor. - Meanwhile several small boats which had been searching for mines discovered and exploded ten on th eastern side of tha roadstead. An examination showed that the mines wer probably' laid during tha night by th enemy's torpedo boat, which had approached Port Arthur. ' Twenty 'miles from shore a Japanese squadron was sighted steaming In divisions line ahead, which on examlng closer was found to be composed of on second-class and four first-class battleships, four arm ored first-class cruisers, seven second-class cruisers, five third-class cruisers, on scout boat, one steamer and thirty torpedo boats In two divisions. As they approached tha Japanese wer seen to be preparing to place a division of cruisers and torpedo boat- between tha shore and our squadron In order that during the night they might force by per sistent torpedo attacks soma of our ship to bresk the formation and In tha morning engage us with all their ships. Taking Into consideration tbe fact tha enemy's force waa greatly superior to ours and In view also of th large number of Japanese torpedo boats, I decided to return to Port Arthur In order to act according to circumstances, considering that this plan of actlon laid us open to less risk of lose. Notwithstanding th bright moonlight. the enemy continued to make torpedo at- tacks In th roadstead until daybreak, tnt) the attacks wer always successfully tw pulsed. In the morning there wer found aloes; tb coast nelr our warships twelve white head torpedoes which had been launched by the enemy on long range, the torpedo boats not being allowed to approach nearer than twelve -cable lengths. Th torpedo boats attacked in groups, and at least two of them were sunk. In the morning tha bodies of a JJapanes officer and two sailors were washed oa tha Doach. The successful repulse of tha tor- , ' '" " " "1 ' ' " lk W" CaclllUtaa by the aearch h OT j ve,1 entered poH at high tide. RUSSIA SPORT OF BA' Laaamed Plae Send Aeeoaat at Jay. aaea Captar af Forts. ST. PETERSBURG, July L Tha follow ing dispatch haa been received at th War office from General Zlllnaky, dated June tot The following reports have reached her (Llao yang) from Port Arthur: On Jun is th Japan displayed great activity at all their outposts and In the hope of re capturing the mountains of War Tsei Lasa, which bad been taken from them, they at tacked, but again were repulsed and our troops now occupy the village of Helkho hoon, northeast of Siao Ping Tao. Tha enemy maintained -a heavy Tire at long range on our left flank from their squad ron, which lies in Tailen Wan bay. In full view of Port Arthur. It consults of a cruiser, two torpedo boat destroyers and seven merchant ships, which evidently brought cargoes Into the bay. On the night of June Z4--J5 the Japaneea torpedo boats reappruacheo th lortreaa, and at 4 a. m.. June X. the enemy began to rannonade jfrom their vessels at Biao Ping Tao bay. directing their fir agalmit th whole coast towards the north, from tbe bay to Mount Tit Selo, and ihn at tacked in great force, firstly. Height No, li). secondly. Height No. 12b The latter were attacked by a small de tschment landed for thla purpose. Thes two helghta were held by our riflemen who, after driving off three attacks with heavy losses, retired, anil, being pressed by th enemv, sought refuge on the heights of Loun Vsn Ttan. The enemy attacked thla position in great force, employing at !eaa.t a Uivlbion, but all tbe aswulta were, re pulsed. At 134 P m the Japanese appeared on the Port Arthur road In great strength and attacked Kwln Shan (Guln ban Shan). Tt.o riflemen, who held the height with two battalions retired. The Japanese turmd them from the rear, losing heavily In the maneuver. Our torpedo bouts were of sniu assistance to us.- advancing on Loun Van Tien and bombarding ths coast occupied by the eaemy. Our losses were seven officers snd about VO soldier killed or wounded. Our nilnes exploded at the proper time, blowing up at Inaat fifty Japanea. Their losses wer evldvntlr considerable. According to 'lb latest advice large rolumns of Mi enemy sre inarching from Iainy towards the vlllase of Suan Tsap lion and Khouint mountain. On Jun f. there waa a fusillade at tha Jaiaiise output, due to the Japan ea-taJ-,iM!i- Ux-mselvM on the suuinilt o' 1 1 Van Tiaa mountain. Our gunbua