The Omaha, Daily Bee. THE BEE IS THE PREFERRED ADVER TISING MEDIUM IN ITS TERRITORY BUSINESS MEN FIND WE BEE'S MARKET PAGE UNEXCELLED.' ESTABLISHED JUNE 19, 1871. OMAHA, THURSDAY MORNING, - OCTOBER 0, 1904 TWELVE PAGES. SINGLE COPY THREE CENTS. GREAT IS FAKEPAUGII Stupendous Circm Paradei Streeti of Im perial City of Quivers. HUNDRED THOUSAND SUBJECTS SEE IT Maml of Bhowman'i Skill Apparent in Ererj DeUil of Work. MENAGERIE ONE OF GREATEST ON EARTH Supreme Feature ia Oigantio Whale, Fir LWe One on Exhibition. BOSTON GREEN RUNS FISH CLC" OND c - Foreman of His Majesty, Mini Popular Demonstra Highness Comes Tomtajh Elaetrical Escort. s-t. r. Weather for Thursday! Pair, In North Portion. 2.ier Attendance at Street F ft 1904. 1 02. Monday 10.127 1 ai.'0 Tuesday 1.1,529 24.133 14.7 Wednesday 24.115 27,252 27.739 And there came now a certuin city by the name of Omaha, on 4 of the seven cities cf Cibola, one adventurous showman named Fakepaugh. who moves In "mysterious ways his wonders to perform." ' Yesterday afternoon Mr. Fakepaugh ap peared before the largest audience that ever gathered undic one tent that of the blue canopy of heaven and he carried out every promise indited on the billboards. Tea, he even more than delivered the goods until thoso who had gathered within the city's rates had a desire to rise up and call him blessed. In the days to come the name of Fakepaugb will be carried on thousands of lips and his fame heralded to all parts of the kingdom of Qulvera. "Great Is Fake paugh" has been written on the high places of the land. "Long live Fakepaugh" Is the watchword of the hour. "You get your money's worth at Fokepaugh's" Is the con sensus of opinion. "There is no king like Fakepaugh" has been emblazoned across the skies. First Parade Enr on Time. Probably for the first time In the history of the reign of King Ak-Sar-Ben and all history la aaid ti date from the present dynatsty a cltvus has moved over the streets on scheduled time, given every thing as advertised and came up to ex pectations of the masses. That . happened yesterday afternoon, when, at 2:30 p. m., Qulvera time, the great Ak-Sar-Ben day light parade formed Its gigantic panoramle llke column on South Sixteenth and started to wind Its way through the dense mass of humanity gathered on each side of the city's thoroughfares. For hours the popu lace walled patiently for the coming of the famous showman and his famed spectacle, and after the passing of the mighty moving picture every one felt glad he came to Ne braska and proud he lived In the Imperial city of the kingdom, unless be Journeyed . from the highways and bywvrs of the realm, in which case he was doubly glad be rr 'Could 'Me to the ohlef olty of Cibola ami ' Join In the sports of the king's courtiers. Working on the theory that there is not: - lng too good for the publto Herr Fakepaugh believes in doing everything openl an! " above board. This has been his potior for years and It has been by following thls policy persistent! and consistently he has succeeded until today he has no peer. Thirty years ago he waa a barefoote-1 newsboy on ithe streets of Kalamasoo, Kan. l today he is the most popular man among the subjects of King Ak-Sav Ben X. And all by his own efforts and the good graces or the board or governors of Ak-Bar-Ben. He Is a booster, a worker, a man of daring and enterprise. He knows no such word as fall. He has, with his well knjwn Intrepidity, Invaded the wild of Bsrpy county and gathered together the moat ferocious specimens of the animal world that locality affords: he has fordet the muddy Missouri and bearded the lion In his den at Counct'. Bluffs: he has braved the rigor of a Cass county winder and trapped the mighty amphibians of that part of the realm; in short, he has gathered together the moat Interesting family of ani mals,, birds and reptiles ever corralled since Brother Noah builded the ark several years go. Live Whale Central Feature. In yesterday's parade, which waa a few feet being two miles long, the live whaU occ tried the center of the stage. This mlgn:y monster of the deep received, the applause of tho throng with becoming grace and saluted hla admirers with an occasional pout. There waa lomi doubt a few houra before the time of the parade whether the whale could be brought out of the Den on North Twentieth street, as his royal mas tvanees took cold during the night and had to be primed by the royal men of medicine before he , could be exposed to the nor' wester that was swooping down on the gene'.U public and 'he city hall during the afternoon. The whale, however, appeared and after the parade held a levee In the - public forum at Eighteenth and Fa mam streets. There was some who thought the , whale was built by Gus Reuse and his staff at the Den. "Perish the thought," said Boston Green from his peroh on the water wagon. The parade waa led by Chief of Gen darmes J. J. Dona hut. assisted by Sergeant of the Line Hayee and a platoon of mounted cops. They b la set the way for the coming of the column and represen'ei the law and order of the kingdom. Following the police came a band from Broken Bow, drased In red habiliments. Next came ten, bum police, as the oflloiaj program described thero. They were only make-believe police men to sos re the small boys and make the old boys laugh until they thought of the good old day back at Blobtown, where .they were wont to make up aa policemen and do everything but draw the salary, tire a Ban.) of Central City, The green band froia Central City was gandwlched between the bum policemec and the Board of Governors of the Knights of Ak-Sar-Ben. The boara " of directors, twelve In number, mounted on prancing steeds, added a touch of dignity to the levity of the occasion. Fakepaugh's open cages were the cyno sure for aU eyas. They vied with the whale the honors of the day. In open cage No. L known aa "The Happy Fam ily." were seen Uve pigs, chickens, turkeys and ducks, two of each. Never before bad beeu seen such a family, all living In one apartment and dwelling together In perfect happiness. Trainer Bam Hill occu pied this cage und kept a watchful eye over his charges with a stuffed club. Two Pottawattamie lions and Trainer Billy Pat terson were the occupants of cage No. 1 These specimens of the jungle were cap ' tured at Honey Creek, near Council Bluffs, by a ftmala achoolinarm. One of the llona bacuine so unruly at Fifteenth and Chi- streets that the pollcs surgeon bad to chloroform It Into submission. Cage No. t was a Jen of live coons from the under brush of St. Joseph. The omary members of the Buttlnsky club appeared In the fourth open cage and butted In every time Boston Green felt himself slipping off the water tank. St. Loals' Bedbug. Only a few on the Inside know the his tory of the St. Louis bedbug exhibited In open cage No. (. Leroy E. Lucas, pur veyor of coal and feed to his gracious majesty King Ak-Sar-Ben X, recently stopped at the Inside Inn at the World's fair and was aroused one night by the movement of something across his face. Ho promptly awoke and saw the bug creeping across his mouth. He captured the bug and sold It to Fnkepnugh for $19, 000. The specimen is known aa the bedbug gianttia und Is a rro species. Some thour' ' was Mogy's altgator. In a urous vein Fakepaugh labeled open No. 6 as "Ham and," but aa a matte.- of fact It contained several live plga and hens. Th racred tiger and his trainer, Johnny Wise, dignified cage No. 7. This tiger was trapped on Salt creek and is said to use only blue chips. In cage No. 8 Professor Wetberg and hla Danish Hon took the crowd. The lion. "Glory," would lick hla master's hand and perform other astonishing feats. No. S..J'Blrds of Paradise (alley), waa a number of colored ducks In cage No. 10 were some rare specimens of whit bears Imported from tho Aurora BoreaMa. These are the only specimens of the kind In captivity and were brought to Omaha at a fabulous expense. Warning" to lon-Mrmbrn. A a warning to those v-ho do not Join the Knights of Ak-Sar-Ben an object les son was shown in cage No. 11. "Ilo who joined not the Ak-8ar-Ben makcth of himself a monkey." Several monkeys were shown In this cage illustrative of what will become Of those who do not join the greatest society on earth. Cage No. 688 contained the only specimen of the "lihododendrum" ever seen In Omaha or Benson. A coterie of savants from the Uni versity of Nebraska visited the den In the morning to examine this strange animal. It waa trapped near Dundee by a party of surveyors. Another cage contained a "Pipulssiwa, ' seined at Cut-Off lake by a fishing smack party. IloMon Green on Water War on. The, first public appearance of Boston Green was a personal triumph for Fake paugh. Through his well known philan thropic motives Mr. Green has been In duced to forsake his past life and take to the water wagon, literally and figura tively. Mr. Green actually appeared on the water conveyance yesterday afternoon, which act waa a public testimonial of his Intentions to quit fighting "boose" and return to nature'a cooling draught. The unique position bold by Mr. Green In the community for eighteen years made him one of the features of the day. He felt his position keenly and every time the wagon jolted over the holes in the pave ment cn Sixteenth ha would take a fresh grip on the sprinkle." lest he should fall from grace and fail to draw his pay after the parade. Carrie Nation and her hatch.it arrived on a morning train from the wild of Kan sas. She looked youngr than on her last appearance in Omaha. Innkeepers fled from the wrath to corn as she made her way through the municipality with her . plate glass destroyer. Then there were from all the cltlej of Cibola many muslilaas who produced har monious vlb-aUr on wind and stringed Instruments, who mads noises on the tink ling cymbtli and performed antlca In varied ant grotesque costumes. Valiant soldiers from all quarters of the earth rod the!'." mounts like men of battle; wild and ta.ned men from many cities of the king dom marched In one column and as ona man. It was like tho gathering of the na. tlons under, one head, that of Fakepaugh. The genial showman rode in a modernized jlnrlklsha between two horses. With im posing dignity he moved near the head of the column and received the salaams of his patrons. Close to Fakepaugh rode Circus Manager Lookatus In his gay equipage. To satisfy those who may have thought Fakepaugh was a grafter and placated the city officials with paBaes to avoid paying the full license, the original license was shown to everyone.' The document bore the signature of Mayor Frank E. Moores and City Clerk El bourn. ' Investigation, for Passes. It is not known how many passes were distributed at the city hall, but It Is thought an Investigation will be begun Immediately , The license . fee paid by Fakepaugh was the limit; namely, $390, taking In side shows. The banda of Indian bucks, squaws and papooses carried by Fakepaugh were said by experts to be the best ever seen in Omaha. One of the bucks got hold of a bottle of the white man' nose paint at Sixteenth and Howard and caused a little flurry before the parade waa over, but he was strapped to the water wagon with Boston Green and the procession proceeded. Bringing up the rear the calliope ripped the atmosphere with Its shrill melody, causing the whale to turn over in Its Improvised cot now and then and shaking the water wagon to such an extent aa to give Boston Green a nervous chill. In Its entirety FakepaogVs grand circus proved to be all that had been claimed for It by the enterprising advance agent, who said his attraction would be the greateat thing that ever came to town. The weather conditions were In some re spects similar yesterdty afternoon to those existing during tho daylight pa- rade of last year. Last year the wind J god went on a rampage and played havoo with the decoratlona of the floral parade, the temperature falling from 70 to (3 during the time In which the parade moved. The dust was discomfiting to the thousands of people on the streets. Tea terday the temperature waa 62 during the afternoon and the velocity of the wind de creased with the gathering of the clouds In the earlier part of the afternoon. Popular In Falleet Sense. The parsde waa a popular event la the fullest sense of the word. From the otilef executive of the city, Frank E. Moores, to the humblest citizen or stranger, every one mingled In a common brotherhood to see Fakepaugh' circus. Laborer rubbed elhowa with banker and artisan Jostled with artist, good naturedly and patiently until the great pageant had moved past. The number who witnessed the parade haa been variously estimated from 110,000 to 150.000. Aside from the usual, number of Incidents usual on auch occasions, no serious acci dent has been reported aa resulting from the moving of the parade. The huge and .noisy calliope frightened number of horses, but there wers many willing hands to run to the aaslstance of any driver with a nervous animal. The entire police force of the city was on parade duty. Chief Donahue and, Sergeant Hayes headed a platoon In the parade, while Captain Mostyn, Sergeants Cook, Krntfrow and Dempaey had charge of the afreets over which the parade passed. The crowds (Continued on Second Page.) LA FOLLETTE TICKET WINS Supreme Court of Wisconsin Hand Down Decision in Politioal Contest. CHIEF JUSTICE DISSENTS FROM OPINION Three Radges Hold with the Goreraor la Claim that Convention Which dominated Him Was Reg-alar. MADISON, Wis., Oct. 6. The supreme court today decided the La Follette ticket regular. Three judges, Marshall, Dodge and Wlnsfow were for the La Follette fac tion, while Chief Justice Casaoday dis sented. The opinion will be filed later by Justice Marshall. After setting forth the facts alleged in the complaint and in the answer filed, the decision continues: First The controversy shown to exist by the foregoing sufficiently concerns the pi t'rogii lives of the state and affects the liberties of the people to be within the original jurisdiction of this court. tiecjnd buch controversy is of such a grave character, and of such public im portance. Hi to warrant this court In exercising its orlglnnl Jurisdiction to de termine ttie right matter, bo far as the door Is open fur It to do so. Third Bines the question presented merely Involves the duty of the secretary ot state In the performance of an act ex pressly enjoined by law, It is a Judicial one. Fourth For the present case, the time not having arrived when the secretary of state Is required to make certification of nominations, by the general rule there is bo remedy at law by mandamus: hence action. If maintainable at all, is properly brought in equity, It tne legislature has l.ot furnished ai. other and exclusive rem edy. Provision of the Law. Fifth The legislature Intended to provide for settlement out of court of all questions between factions of a party concerning the right to place the party name upon the official ballot, by section 36, Wisconsin siHtutes, in these words: (A) In case oi a division In any political party and a claim by two or more factions thereof to the same party name, the olficer with whom the certificates of nomination are required to be filed shall, In certifying such nomination or preparing such ballots, give preference of name to the convention or caucus thereof held pursuant to the call of the regularly constituted party authori ties, ar.d If the committee representing the other faction presents no other party name, such officer may designate the same in such maner as will best distinguish the nominations thereof. B.i When two or more conventions or cau cuses" shall be held and the names thereof certified, each claiming to be the regular convention or cauous of the same political party, preference in designating shall be given to the nominations of the one certi fied by the committee which had been offi cially certified to be authorized to repre-1 sent the paity. Sixth The first clause provides for a case where only one of two or more conventions Is claimed to have been held upon the call of the regular party committee, and the Identity f that one is, therefore, not in doubt. The second clause provides for a case where all of the conventions are claimed to have beea held pursuant to the call of such, and th same commute, by creating a tribunal to decide for guidance for the secretary of state which set o nominee is regular and therefore entitle! j sions, will attend the funeral as repre to use o? the party name, such a tribunal . sentatlves of the Poatoffice departmenr. possessing, by famili vr rules, exclusive and j -.. n final Jurisdiction, save as hereafter stated. President kalogcises Payne. Seventh The nrst clause ot section so, i statutes of 1898. cannot apply ta this case. becausa th dominant feature thereof Is the existence of a multlfirioua "claim to thj same party name." determinable, aa befor Indicated, by ths certlfylJ.r officer from hlo own reccrtfj. abW.ng the necessity source of regularit. - Some Facta la the Case. ' Elehth While the dominant feature of such first clause is the existence of a multifarious "claim to the Brai party name," one of such claims only being oased on the "call of the regularly constitute.! party authorities," the dominant feature of the second clause Is the existence of a multifarious "claim to have the same party name," based on a like claim of the regu larity of the party convention, each of the claimants referring necessarily to the "call of the regularly constituted party authori ties," as in the casa in hand. Ninth The present controversy Cornea clearly within the second clause of sail section 35, answering, aa it does, every call thereof: (a Two convention were held. Cb) Each of said conventions made nomi nations. c Such nominations wers duly certified. (d) Each of said conventions claimed to be the regular convention of the republican party. Tenth It was competent for the legis lature In authorizing an official ballot and framing to the party nominees the right o have their names placed thereon under the party nomination to subject that right in case of controversy between two or more sets of nominees each claiming the same, and sucn oesignation to tne ne clslon ot the party tribunal as In said sec tion S5. Eleventh Tne creation of a tribunal to determine auch controversies, no provision being made for Judicial review of Its deci sions necessarily makes Its Jurisdiction exclusive and its decisions unimpeachable, v.!nt fnr r!rMet Inns I defects Twelfth-Th tribunal answering to the call of said section to is round to exist in the republican state central committee, elected at the repuhHcan state convention of 1902 and duly certified to the secretary of state under section M of the statutes, there- fore Jurisdiction of this court Is limited to deciding whether such committee was or Is without Jurisdiction beeauss of bias or interest ot som ot its memDers. or vhether Its decision Is affected by jurisdic tional defects. Thirteenth Surh tribunal. though re quired to act Judicially, being an adminis trative rather than a Judicial body, biaa or Interest of its members does not dis qualify them nor affect lta jurisdiction. Aa to National Convention. Fourteenth Th decision of the national republican convention as to which of the two sets of delegates from this state claim ing the right to represent the republican party thereof In such convention was en titled to recognition, is not of any signifi cance as a guide to the secretary of state or to the committee authorized to deter mine the factional dispute under said sec tion 36, since exclusive Jurisdiction thereof, as regards the official ballot law, waa con ferred by the legislature upon the latter as a special tribunal, aa before indicated Fifteenth As soon as tho nominations were made and duly certified, rights of nominees to place upon otllclal ballot under designation "republican ticket" be cam vested In them as representatives of their respective organlzatiotut, subject to the decision or tne special iriDunai a fore said, us to which of the conventions waa regular, and Buch right could, therefore, not be In any way arfected by the deter mination of any other tribunal. Sixteenth Section & of the statutes con templated In all cases mentioned therein of conflicting claims as to the use of the offi cial ballot of a particular party designa tion that one set of the clainiunts shall be given preference thereto and each of the others have a place upon the ballot under u designation autlictently different from that accorded to the rightful claimant of the fiurticular designation, to enable the elec ora to dlNilnguiah such set of irregular from regular nominations. .Seventeenth The tribunal created by law to determine the factional dispute in ques. tlon for the guidance of the secretary of state having ussumed Jurliullctlnn thereof and decided, from their Judicial Infirmities, that the nominations headed by Robert M. La Follette for governor are entitled to preference In respect to the use on the offi cial ballot of the name "republican ticket," it Is the duty of the secretary of state to act accordingly, certifying both sets of nominations to the various county clerks, but giving to those headed by Itobcrt M. La Follette for governor preference as aforesaid. Kigtiieenth. The foregoing conclusion fol lows logically and necessarily from the legal aspects of the case before stated. What the real right of the matter In dispute might be found to be, were till court permitted to ciliregHrd the decision of the special tribunal and Investigate and determine the merits of the controversy from that standpoint. It has no right to dui-ide or suggest. Duly constituted au thority havliia spoken within Its Jurisdic tion it must be conclusively presumed here to have spoksn rightly. Hy the Court: Itoth the motion of plain tiff and that of the defendant are denied. Continued on Second Page.) AK-SAR-BEN CALENDAR Thnraday October . 8 Tonight Electrical Tagcant At the f trect Fair ' 3 und 8 Lconao, comedy Jutrnler. 8:30 and 8:30 I'ascatel, high aerial contortionist. 4 and tv-Hrrr Schmidt, strongest man on earth, supttnrtlng cycle whirl on bis shoulders. 4:30 and 0:30 Marvelous Melville, the human fly, lu bKU aerial novelty work, closing with sensational leap for life. At the Theaters Boyd Walker Whiteaide In "Iavld (iar rice's Love," even ing, 8:15. Krug "Fablo RomanoV evening, 8:15. Orpheum Vaudeville, afternoon, evening, 8:15. FUNERAL OF HENRY C. PAYNE Arrangements for Services at Wash ington Friday Meriting; Are Almost Completed. WASHINGTON, Oct. 6. President Roose velt called today at the apartments of the late postmaster general to extend his per sonal condolences. A vast number of tele grams were received today from ail over the country, a large portion of them com ing from Wisconsin. A request has been made by friends in Milwaukee that consent be given for a publto service in that city. A committee consisting or First Assist ant Postmaster General Wynne, W. H. Michael, chief clerk of the State depart ment, and Major Charles McCauley of the mnrlne corps, will meet at the State de partment tomorrow' to plan the details of the funeral arrangementa. It Is aald that the general program adopted for the funeral of Sir Michael Herbert will be fol lowed . Invitations will be extended to public officials, the diplomatic dorps, tho Judiciary, district officials and friends of the family. The army and navy will be represented. General Chaffee sent his aide today to tender a military escort. Tho committee will arrange the order of the seating. Iter. Cotton Smith to Officiate. Rev. Cotton Smith, rector of St John's Episcopal church, where the funeral serv ices are to be held at 11 o'clock Friday, will conduct the ceremony there, while the Right. Rev. Isaac Nicholson, bishop of Mil waukee, will conduct the services In Mil waukee. It was decided today that Second Assist ant -Postmaster General Shallenberger should represent the Postofllco department at the funeral of Mr. Payne at Milwaukee. At the service here about fifty officials of the department, including chiefs of dlvi- i ne i-resiueni louay issuea me lonowmg proclamation: "To the People Of the United States: Henry Clay Payne, postmaster general of the United iStaies, alud In this ci.y at :10 o'clock yesteruay aiyi noon. Hiding t eminence by hus own ei.oi lx, success ui In his- enterprises, at'tenulng' to ponitMns of high trusc in buslneM, energetic, and con scientious in relation.) wiih his fellow men. i or singularly gentle, loyal and lovauu nature. lnsulrea by a la, k sense of the duties of a true cltize-i and'-winning ih. respect nd esteem ot all wlih- whom im associated, he was called. In the fullnem of his powers, to discharge the duties ot a peculiarly onerous ana responHioie omco in the high couneel oi the nation. His career Is an exajnple for good citizens to follow, and his untimely death la mojrned by all. Thj president directs that the several legislative departments and their depend encies shall show fitting regard tor the member of this distinguished public; thac the departments in the city o" Washington shall be closed between the houra of nine o'clock a. m. and one o'clock p. m. on the day of th funeral, Friday the seventh liiBt, and that the national flag snail be displayed at half staff on all the public buildings through the United States until the funeral shall hav) taken place. By direction of the president. (Signed) JOHN HAY, Department of State, Washington, Oct. 6, 1904. WYNNE IS PLACED IN CHARGE First Assistant Postmaster General .to Act Temporarily at Head of Department. WASHINGTON, Oct. 6.-President Roose velt today formally designated First As sistant Postmaster General Robert J. Wynne aa acting postmaster geeral. ' While Mr. Wynne will act under the designation as postmaster general he will not have a seat in the cabinet, as would a regularly appointed head of an executive department. Mr. Wynne had an Interview with the president today, at which the latter for mally designated him as the acting head of the department. It Is well understood that George Bruce Cortelyou, now chairman of the republican national committee, will be appointed postmaster general. CLOTHING TO BR MADE BY WOMEN ( President Derides to Aandon Plan of IetUnr Contract. WASHINGTON. Oct. 5. For about half a century it haa been the practice of the War department to have soldiers clothing made at the Schuylkill arsenal. Philadelphia, by the widows and orphan children of soldiers. Recently the department decided to have the work done by contract, pucely as a business proposition. The action of the de partment, which meant practically the throwing out of employment of hundreds of women who have been dependent for a living upon the work at the arsenal, aroused much comment in Philadelphia, especially among members of various patri otic organizations. Today a delegation called on the president, who after leurning the facts, directed that the Idea of having the work done by contract be abandoned and that it b given to the women as has been the practice In the .past. He then made a request of the War department that it should report to him what steps it had taken In the matter and the reasons there fore. At the conclusion, of the hearing J. R. Craig, a member ot the delegation repre senting the G. A.-R., pinned to the lapel of the president's coat a handsome G. A. R. badge, which he had been delegated by Meade Post of Philadelphia to present to him aa an Insignia of hla honorary member ship of that post. The president expressed his pleasure op receiving the badge and compliment to him by Meade Post, t FATAL WRECK IN GEORGIA Train Unas Onto Burning Trestle aad Baggageiaaa Is . Killed. WASHINGTON, Oct. S.-A passenger train on the Augusta Southern railroad ran Into a burning trestls near Mitchell, Oa.. today. W. 8. Bhurley. baggageman, was allied and eight other UOrtd. SHAW AND KNIGHT SPEAK Maw Meeting in Connection with Conven tion of National Bepnblican League. GROWTH OF CLUBS HAS BEEN GREAT President of the Oraaalsatloa Claims that the Membership Haa Al most Doubled Since the Last Meeting. INDIANAPOLIS, Oct. 6,-Tomllnson hall was crowded tonight by people of every class to hear the Hon. Leslie M. Shaw, secretary of the treasury, and George A. Knight of California address the delegates attending the national republican league convention. J. Hampton Moore, president of the na- tional league, Introduced Secretary Shaw, I who was greeted with an outburst of ap plause which lasted for several minutes, delegates and visitors rising to. their feet and waving flags, hats and handerchlefa. Mr. Shaw said: Shaw Kepllrs to Williams. Secretary Shaw opened his remarka by referring to the language of Congressman John Sharp Williams as presiding officer of the democratic national convention and agreed with him that no president can be greater . than his party. He referred to the action of the democratic party in forcing the Wilson-Gorman bill on the country de spite the desire of President Cleveland; said that the money question was settled only as long as the dominant party in con gress so considered it; criticized the posi tion of the democratic party on the trust question and the Philippines, and, referring to the demand for congressional Investiga tion of the executive dep-irtments of the government, said in part: Executive departments have always wel comed congressional investigations, not be cause the constitution expressly authorizes them, but because they are sometimes wise and as a matter of comity between the branchea of government referred to by Mr. Jefferson. Mr. Jefferson evidently consid ered these branches co-ordinate, and no one subordinate to another. Under the consti tution congress has sole jurisdiction in Im peachment proceedings; but I infer from the quotation from Mr. Jefferson that he would have looked with alarm upon an in vestigation either of the judicial or tho executive department, unless It was in some way connected with actual or pros pective Impeachments. It Is hardly necessary to suggest that each branch can Investigate Its own affairs with much more thoroughness than any co ordinate branch can investigate another. Investigation Constant. The Treasury department, and I doubt not every other deparment, Is constantly prosecuting Investigations. Within the last three years not only the Integrity, but the character of the work of more than 8,(K) treasury clerks and officials has been In vestigated and reports of their conduct filed with the secretary. This not only In cludes the Washington force of about 6, OH), but it Includes the clerical force and offi cials In the custom hous.-s and suhtreas urles In the larger cities. The few re movals because of these investigations have caused severe criticism in some quartera and very little commendation. The gov ernment suffers a thousandfold more from Inefficiency than from rascality, and since removals for Inefficiency are always met by public criticism, I have never known a congressional investigation for the discov ery of this rtKre frequent weakness so much as suggested. In fact, congressional Investigations, are seldom proposed except Immediately preceding a national. campaign. Executive Inveatlfratlon Successful. It was an executive investigation that un earthed the star route rascalities with their , ramifications. It was an executive lnvestl ; gation that discovered the recent delln l quencles In the Postoffice department and ! In the public land office, and these Investl-'- gallons involved both republican officials ! and the appointees of Mr. Cleveland who I had been left in office I doubt very much If a congressional investigation could do more searching or thorough than those al ready prosecuted. That a congressional Investigation instituted by democratic mem- 1 bers might be more spectacular is con ceded, but our democratic friends profess opposition to everything spectacular. George A. Knight of California, followed Secretary Shaw and waa warmly received. Business SphsIou of tho Lcane. The biennial convention of the National Republican league of the United States opened here today with thirty-six states and territories represented by delegations. According to Its president, J. Hampton Moore of Philadelphia, the league repre sents nearly 2.000,000 members, organized Into 7.000 republican clubs. Cljarles M. McGulre, president of the Indiana Lincoln league, called the congress to order and Introduced President J. Hampton Moore, who presided. Governor Wlnfleld T. Dur bln of Indiana formally welcomed the dele gates to the state. The response was made on behalf of the convention by Std B. Redding of Arkansas, national treasurer. The call was read by E. W. Weeks of Iowa, secretary of the national league, and the biennial address of President Moore was delivered. In his address Mr. Moore said: ' Since the Chicago convention we have waited In vain for the democrats to show cause why republicans ahouhl change their faith. The whole country listened with Its ear to the ground for the sage of Esopus to speak, but heard only the echoes of republican achievement. Grover Cleveland, author of "Hard Times for Millions of Tollers," tells you Roose velt la unsafe. John Sharp Williams, with (Contluued on Second Page.) A PRIMER OF WATER WORKS NO. 2. THIS "I am not now nor hove I ever been connected In any way, directly or "Indirectly, with the Omaha Water Company. I am not now nor have I "ever acted, directly or Indirectly, in any way In behalf of the Omaha "Water Company." R. B. Howell In his signed letter to The Bee, dated August 23, 1004 TUB Ttemefrcan'Water'WorK3"'Co. Omaha. Neti.' Kovtf&v t ,urb A5?4JtAATrX Cry Water Works, ' oawwa. nca. Uf-1 g-.- I'M Or. 1 1 Bur he mi at Tb Bn ). NEBRASKA WEATHER FORECAST Fair Thnraday. ntturr in North Por tion Fair Friday. Temperatnre at Omaha Yesterdayi Honr. Drar. ilonr. Dear. II a, m..'. ... All 1 p. m...... Bt 6 n. m Bt a p. m...... Bt T a. m BO 3 p. m A2 8 n. an 4 A 4 p. m B3 n. m 4T B p. m BU 10 a. m 40 p. m Bl 11 a. m 4H T p. m BO 11 ni. BO P. O p. in 40 HARRIMAN REFUSES TO ANSWER IS an t nwlMliia Wltneaa In Case Against a New York Broker. NEW YORK. Oct. &. E. H. Harrlman nnd Jacob H. Schlff appeared as witnesses bo- fore a referee today In the suit of J. J O Leary ot Chicago against a New York broker for 105,000 losses in dealings In Northern Pacific in May, 1901. Mr. Harrl man said he could pot remember how much Northern Pacific he had about May , lwi. He refused to reply to questions aa to whether or not he waa concerned In any way In trying to gain control of the North ern Pacific road. "Why don't you answer these questions?" he was asked. "I don't want to." replied Mr. Harrlman. Mr. Harrlman said he waa present at the conference with Mr. Steele, Mr. Schlff and others on May 31, when It was decided to allow Mr. Morgan to name a new board of directors" for the Northern Pacific road. He aaid this conference was held for the pur pose of allaying apprehension concerning the affairs of the road. Mr. Harrlman refused to answer ques tions as to whether or not he sold Northern Pacific atock to the Northern Securities company. He said that at the present he was a director In the Northern Pacific road but he did not remember whether he waa one of the directora named by Mr. Morgan in May, 1901. Mr. Harrlman said that he and those as soclated with him, ao far as he knew, had had no dealings In Northern Pacific stocks on the Immediate three or four days pro ceding Mny 9. Mr. Schlff said that prior to May 9 the firm of Kuhn, Loeb & Co. hnd purchased Northern Pacific -stock on the New York Stock exchange, but declined to say how much Northern Pacific stock his firm bought. "Because," he said, "that Is the private business of the firm and concerns no one else." Mr. Schlff declined to state whether or not tho firm of Kuhn, Loeb & Co. had sold Its Northern Pacific stock the Northern Securities company at the time of the formation of that company. On cross-eX' amlnation he said that he thought hla firm would have been willing to pay more than J LEO a share for Northern Pacific stock on May S If there had been any for sal?. Mr. Schlff said: There was no agreement between Kuhn. Loeb & Co. and J. P. Morgan & Co. to al low shorts to settle at tlbo a share. Kuhn. Loeb & Co. had merely notified Morgan A Co. that In order to ease the aondltion of affaire In Northern Pacific stock they were folng to allow shorts to settle at 1150, aa hat was thought to be a fair price for the stock,. Mr. Schlff said that Kuhn, Loeb & Co. had never owned substantially all the com mon stock of J the Northern Puclfio com pany,, but declinel to answer questions as to the exact amount of Northern Pacific held by the firm. LIVELY CONTESJ FOR PLACE Three Towns Wonld Have Next Meet ing; of League of Mnnlcl- palltles. EAST ST. LOUIS, III.. Oct. B- A splr Ited contest Is being waged among the delegates attending the League of Amer ican Municipalities, which began its eighth annual convention her yesterday. At lanta, Milwaukee, Niagara Falls and Put-In-Bay, O., are In the field for entertaining the next convention, and each city Is striving hard for the supremacy. It Is ac knowledged that Atlanta seems to have the advantage In the contest, as East St. Louis Is supporting Its candidacy In re turn for the support given East St Louis at the laat convention by the southern city. The hall was crowded today when Pres ident James M. Head called the second day's session to order. The papers read and dUcusaed today went more Into the details of municipal government and ad ministration of city affairs. An address was delivered by Hon. George 8. Brown of Baltimore. Moscow and Odeasar Greet Mlrsky. ST. PETERSBURG, Oct. 5.-12:38 p. m. The municipalities of Moscow and Odessa have both sent addresses to Prince Peter Svlatopolk-Mlrsky, the new minister of the interior, congratulating him upon the senti ments expressed' in his recent utterancea and tendering him their hearty co-operation. DENIAL. PROOF. Th American CUtr.Ulorks Co. Potlarm) pri i JQL JH ua1$L RUMOR FLEET IS OUT St Petersburg' Hears Port Arthur Sqnadro Hai Made Another Dash. NO PARTICULARS OF AFFAIR ARE GIVEN General Grippenberg Confers with Emperor and the General Staff. KOUROPATKIN SENDS CONGRATULATIONS Three Mora Warships Join the Baltic, Sqnadroa at Beval. JAPANESE TO INCREASE THEIR NAVY Russian Military Critics Busy at Pres ent Guessing What the Next Move of Their Opponents Will Be. (Copyright by New York Herald Co., 1904.) ST. PETEKSUI RO, Oct. 5. (New York Herald Cablegram Special Telegram to The Bee.) It la seated tonight a telegram has been received announcing that the Port Arthur squadron under Admiral Wh-ren, has started out. Grlppeuberg Sees Caar. (Copyright by New York Herald Co., 190i) ST. PETERSBURG. Oot. 5. (New York Herald Cablegram Special Telegram to The Bee.) General Grippenberg, who ar rived here the other day, haa been re ceived by the emperor and haa passed much time with the minister of war and the general staff. He showed several friends a telegram from General Kouropatktn, warmly con gratulating him on hla appointment aad reminding him of their happy aervice to gether In Turkestan. It concludes: "I am convinced here also we will .al ways work cordially together. May God grant ua the success we so ardently de sire." . One thousand large covered railroad wagons have been hastily prepared at Kharkoff to carry an augmented number of troopa and will ultimately be used aa movable winter quarters. ' The Oleg, the Icucmur and .the Kama chatka , leave Cronatadt tomorrow to join the fleet at Reval. Reported Sortie of Russlana, LONDON, Oct. 5. A news agency here late tonight sent out a dispatch dated Toklo, October 6, saying: -"It la reported that the Russian squadron made a sortie from Port Arthur today and that a treat naval battle occurred." No details are given. " Japanese Advance Posts Driven Back. HARBIN, Oct. 2. (Delayed In Transmis sion.) It is reported that the Japanese ad vance posts have been driven back all along the line between the Hun river and Benalhtt. .';;.';,,: ; ,.rU ' Kjouropatkin Expects Bereagt. ; . BERLIN, Oct. 6. A dispatch to the Lokal Anzelger from Mukden saya: "General Kouropatkin haa expressed a firm determi nation to avail himself of this favorable season of the year for military action. Everything points to a coming revenge for Liao Yang. The officers and men hope that the period of retreats Is past and that they will be led against, the enemy. The Japanese undoubtedly Intended September 27 to attack in three columns from the col lieries at Yental. along the Imperial rood, but desisted when they discovered that the Russians fronting them numbered 60,000 men. The correspondent of the Lokal Anselger gives a summary of the ostensible force of the opposing Japanese armies," which, ac cording to his calculations, total 144,000 In fantry, 6,500 cavalry and 648 guns. , Japan Wants More Ships. SAN FRANCISCO, Oct 5,-From Infor mation received In San Francisco by promi nent Japanese, It is evidently the purpose of Japan to take Immediate steps toward increasing its fighting efficiency to a very considerable degree. It Is stated that the Japanese government has determined to place contracts at once for some twenty warships, to be completed at as early a date as possible. It is further stated 4hat the greater number of these hips ars to be constructed In this country and that several will be built In San Francisco. Russlana Await Japanese. ST. PETERSBURG, Oct. 6.-12:4 p. m. The military critics at St. Petersburg share in the general uncertainty as to how to size up the situation at the front it Field Marshal Oyama makes his anticipated ad vance. They seem to agree that a strong screen ing movement ia in progress immediately east of Liao. Yang, that probably a feint will be made from the west, that the tactic of the Japanese at Liao Yang will be re peated and that General Kurokl will try a wide flanking movement from the east. Some of the critics point out that the con ditions at Port Arthur may force a change of Oyama's plan bt campaign. The con tinued failure of the attacka on the fortress and the enormous losses sustained by the beselgers, they think, may compel Oyama to dispatch some veteran troops from the Manchurian army to General Nodzu's sup port, as the reinforcements arriving at Port Arthur are mostly reserve men. Unstinted praise is being bestowed on Lieutenant General Stoessel for the hrrolo defense made by the garrison, which nat- i urally is Increasing the hope that the fort ress may hold out. In thrf meantime Gen eral Kouropatkin Is receiving reinforce ments, especially artillery. Nevertheless. all the experta express great doubt whether Kouropatkin contemplates more than a passive resistance at Mukden, where, they say, the topographical conditions gre un favorable for defense. It Is considered significant that the, critics generally agree that Tie Pass la a betetr position, both for defense and offense, being protected by the Liao river on the west and offering strong positions on the Kama range on the east. The general conclusion Is that the Japanese forces will show their hands In a very short time. Evidence Is accumulating that Japanese officers are at the head of ths bands of Chinese bandits. operating, tai Kou- ropatKin s rignt nana, and the continued reports of agitation among the Chlness, spread by the anti-foreign propaganda, are Increasing the feeling of anxiety. These -factors will soon have to be seriously reck oned with by Russia, Lieutenant General Stoessel aays the Japanese losses were in,000 during ths at tacka on Port Arthur from September It to September 22. He reports that no Inci dent occurred from September 22 to Sep tember 30, excepting outpost skirmishing General Stoessel adds that practically nothing remained ot the wa'nr worfc rej