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