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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 29, 1904)
The Omaha Daily THE BEE IS THE PREFERRED ADVCR riSINfl MEDIUM m ITS TERRirORy FOR A CHARACTERISTICALLY WEST ERN NEWSPAPER READ THE BEE SINGLE COl'V THHEE CENTS. ESTABLISHED JUNE 10, 1871. OMAHA, TUESDAY MOKXIXO, NOVKJIIlEli 2!, 1IHU TEX l"AiES. JCJC. ENROUTE FOR HOME President's Train Passe Ttrotifh Indiana and Obi on Betnrn Trip. PARTY IS DELIGHTED WITH THE FAIR Chief Executive Eiprewti Bit Thauki to Men in Charge of An- 'enta. SHORT ADDRESS AT IND. tfrt, William Dudley FonlVe -ter Make Bhort Call on the Pn MARKED ABSENCE OF CRANKS 'a" Tfw Attempts Made to Dlaterb e rrrnMnt-Pr1j Tae Waiklnilmi This Mornlasr. RICHMOND. Ind.. Nov. M. -President Roosevelt's train arrived here at 9:45 a. m., leaving a few minutes later. After a so journ of two days In Bt. Louis, which proved an experience thoroughly delightful and almost unique. President Roosevelt now la apeedlngr toward Washington, where his train la scheduled to arrive at 7 o'clock tomorrow morning-. The preMdent, Mrs. Rooaavelt and all the members of the party are congratulating themselves upon th success of the trip, which was regardel by many with aerloua apprehension. Presi dent Roosevelt has expressed hla perfect satisfaction with the arrangements made for hla aafety, comfort and convenience, and Juet before hla train pulled out of the expoeltlon ground last night, he congratu lated and thanked President Francla and other exposition official and the officers who were his persona attendanta for the admirable work they had accomplished. Secretary Loeb, on whom fell the great task of perfecting the arrangements for the trip and for the safety of the presi dent, now that the strain of responsibility so far as the visit to the fair Is concerned, has ben removed. Is feeling thoroughly satisfied. !fo Crank! Prrseat. Througtiout the experience In St. Louis there waa a notable absence of cranks who desired for varloua reasons to see the presi dent. On woman waa taken In charge by the secret service men at the Thomp son residence last evening, but she mads no trouble. Juat before the train pulled out of the exposition grounds last night a woman, leading a Texas steer, wearing a pair of horns, with a spread of nearly four feet, approached the president's car. She was stopped. "Try to lift me," she suggested to the officers, but she waa not craxy; she proved to be the magnetlo woman who posseaaes the peculiar power of preventing anybody, however strong, from raising her from the ground, when ahe ao wills It. 8he had found the steer at one of the shows on the grounds and had brought It along to show It to the president. At the sugges tion of the officers aha led her curious pet away. iThe trip thus far has been without incident of particular note. President Roosevelt and his party breakfasted about I o'olock. The president la passing the time reading; and chatting with his friends. At Indianapolis, where the first stop was made after daylight today, only a small crowd had gathered on the station plat form. The president had not risen and the people, although disappointed' at not seeing him, mads no noisy demonstration. Few stops will now be made enroute to Washington, and it la likely the president will make no extended remarks at any of then. Mlsaonrl la All HUht. URBANA DEPOT. O.. Nov. 28. A the special train stopped at the station In Rich mond, Ind., Mrs. William Dudley Foulke and Mlsa Foulke, wife and daughter of former Civil Service Commission Foulke, entered the president's car. The preHldent and Mrs. Roosevelt chatted with them ani matedly for a couple of mlnutea and then from the rear platform President Roose. velt addressed the considerable crowd as sembled as follows: Ladles and Gentlemen: I am very glad to see you. I know Richmond of old. 1 have always thought highly of Indiana, but during the lust three weeks have had cause to think even more highly 'of It. Vole in crowd: "How about Missouri 7" I tell you Missouri Is surely all right. Oentlemen, I want you to feel that I very deeply appreciate the responsibility put upon me bf such a vote aa that of Novem ber S, thre weeks ago, anil so far as in me Has I will with your help and with the help of thoa who represent you do all I can to Justify your conlldence. (Cries of "We be Iluve you" and cheers and applause.) INDIANAPOLIS, Nov. 28.-A special to th News from Brasll, Ind., says that while the pilot train preceding President Roose velt's special train was passing a lonely place near Brazil today four men threw stones, breaking several windows. The pilot train waa stopped and secret service man ehased th men, but they escaped. COLUMRU8. O., Nov. Jr. When President Roosevelt's special train arrived this after nooti the president greeted a large crowd at th station, expressing his thanks for the reception. The train remained only long enough to chnnge engines. Short Speech at Plttabarsr. PITTSBURG, Nov. a. The special train bearing president Roosevelt to Washing ton from St. Ixmls arrived in Pittsburg tonight at 10:30 and departed ten minutes later. A large and enthusiastic crowd wis present at the Union station and cheer after cheer greeted the chief executive when he appeared on the platform of the rear car. The president said: I am pleased to again get to Pittsburg after an absence of u little over eighty hours. I have been to St. Louis to are the fslr and thoroughly enjoyed, myself. 1 have also had the privilege of greeting American citizens In Pennsylvania. Ohio, Indiana, Illinois and Missouri, which 1 ap preciated. A large squad of police and detectives were lined up ou either side of the train during ita stay In thla city and every pre caution wna taken for the president's safety. Vsvra'emaa la Sarcastic. JACKSON, ' Mlsa, Nov. !. Governor Vardaman today received a telegram from President Francis of the World's fair, stat ing that President Roosevelt visited and greatly admired the Mississippi building ahlle at the fair Saturday. The governor aired a reply containing th following: It la of courae gratifying to the people of Mississippi to know that they have done an thing that the present president of th United Slates approves. Doubtless th preelde'nt's admiration of the Mississippi building la doe to his admiration of Jeffer son Davis, cf whose Isst home It is a re plica. apeyers Buy Boats. NEW YORK Nov. M.-fpeyer at Co. of this city and Ppeyer Bros, of London have purchased !S,(O0.io 4 per ctnt bom's of the Grand Trunk Railway company of Canada. The proceeds will be used to extoud the western or Pacifio branch of th) Grand Trunk system. It is understood tiM the l'yer banking hous wilt nuance !) a). Ur construction of in new iitsul , RUSSIA DESIRES A TREATY Arbitration Aareemrat May oea Be Visaed by the t ailed tatea. ST. PETERSBURG. Nov. 28. :. p. m. Russia has accepted the Invitation of th Urited States to con. lud an arbitration treaty on the lines of the American-French treaty. The American proposal was submitted to Russia In the form of a note from Secretary Hay, whirh waa presented personally tc Foreign Secretary LnmsdorfT by Charge D'Affalrea Eddy November 27. This after noon Count Iinisdorft replied accepting In principle, in behalf of the Imperial govern ment the text of the treaty, but Indicating that Russia would propose some slight modifications. These are expected to be drafted In a few days and the final consum nation of the new rapprochement with ussia will not long be delayed. Although it waa known that the American govern ment was deslrlous of negotiating arbitra tion treaties with all the principal powers the fact that Russia has already beep ap proached with a direct proposition did not leak out until Count Lamsdorff had ac cepted It. The rapprochement Is expected to have a splendid effect on Russo-Ameri-tan relations, especially as it marks Rus sia's first adherence to an arbitration treaty with a foreign power. BRITISH I.AINCH IS BLOW VP Aeeldent la Portsmouth Harbor Dar in a Practice of School Ship. PORTSMOUTH, England, Nov. 28. A sin gular accident, resulting in the death of two men and injuries to a number of others, occurred in Portsmouth harbor today. Two launches belonging to the British torpedo school ship Vernon were engaged in an instructional course of sweeping the harbor for mines, when sud denly an explosion occurred on board one of the launches, which Immediately sank. Those who were on board were thrown into the water and were rescued with diffi culty. One man is missing, several were severely hurt by flying debris. Later it was established that two men were drowned by the sinking qf the launch and that the second launch waa so seri ously damaged that it sank. The official report says the explosion was due to an unsuccessful effort to Are a counter-mining explosive charge used dur ing th sweeping operations. JEWS PASS THROUGH DENMARK Society la Formed to Aid Russians oa Way to America, COPENHAGEN, Nov. ZS.-Herr Glude stadt, a well known banker, and other prominent Jews have formed an organiza tion to assist Russian Jews in emigrating to America through Danish ports. Funds are being collected to facilitate their pass age and give the emigrants a start in life on their arrival at their destination. It is estimated that fully 10.000 of these emigrants left Denmark during the present year. The traffic is becomlftg so large at Scandanavlan ports that the Hamburg American Steamship company Is arrang ing a new service to Copenhagen, Gothe burg, Christiana and the western coast of Norway, supplementary to its regular Berr ies to America. LORD ROTHSCHILD RBMAISS SILENT Will Not Discuss Alleared Embeiile. meat of Head of Department. LONDON. Nov. 28. Lord Rothschild, when questioned by a representative of the Associated Press today regarding the al leged embezxlement of 16,000,000 by Moses Blumenthal, said to have been head of the bullion department of the London house of the Rothschilds, was Incensed at what he termed "such gross exaggeration," but otherwise declined to discuss the matter. The defalcations occurred In July, not a few weeks ago, as cabled to the United States, and it was stated at the time that the shortage was in the neighborhood of 1150,000. Th ' whole matter was aettled privately shortly after the embeszlement waa discovered. JEWS TO RECEIVE MORE LENIENCY roae of Purchase of Real Estate Is To Be Extended In Russia. ST. PETERSBURG. Nov. as.-The an nouncement was made today that the zone in which Jews can buy real estate will be extended. Eighty political exiles at Archangel have already been brought back by Interior Minister Svlatopolk-Mlrsky. About 580 still remain there. MOSCOW, Nov. 28,-Princ Galatzln, the mayor of Moscow, proposes to call a meet ing of all the mayors of Russia to discuss questions relating to municipal govern ment. The movement was started as a result of th recent semstvo meeting at St. Petersburg. Will Improve Victoria Harbor. VICTORIA. B. C, Nov. 28.-The Cana dian Paclflo Railway company has just ac quired by purchase Laurel Point, Victoria harbor, a rocky promontory, the existence of which has restricted shipping In this harbor, and will blast It out at a co t, It .'a said, of 1100,000, thus greatly enlarging and improving the harbor on the site which the company has chosen for Its wharves. The company will apply Immediately to th Dominion government for a substantial subsidy to aid it in this undertaking. Wharves, to cost another 1100,000, are to be erected at once. Committee Rejeeta Bill. PARIS, Nov. 28. During the absence of several of the ministerial members the committee which has been considering the separation of church and state today voted the rejection of the government's bill pre. sented by Premier Combes in the name of PreBldunt Loubet. The action of the com mittee caused excitement. It is expected that a reconsideration of the bill will be secured hereafter. Dalai Llama la Moa;olla. BT. PETERSBURG, Nov. 28.-A telegram from Trio Troltskossuvsk, Asiatic Turkey, reports the arrival of the Dalai Llama at Urga, Mongolia, November i7, where ha was welcomed by a big gathering of Monaollnn priests and Inhabitants. The Dalai Llama has taken up nts residence at the Uuddhhit monastery of Chandam. PUTNEY BACKJ0 BARRACKS Ttsst Serapegrraee Will Stay There yTatll Hla Father Arranges for HI Release. KANSAS CITT, Nov. 28.-8tephen Put ney, Jr., left for St. Lout today and will return to Jefferson barracks and remain there until his father can arrange for his dischsrge from th army. He had recovered all th Jewelry pawned here aav one ring, which it is asserted waa stolen by his chance friend. It was denied that young Putney had left St. Louis with an actress. His fnthrr I a wealthy sjnaafactuxsr of Rich mond, To DENNISON DEFENDS HIMSELF Replies to Innuendoes and Direct Accnsa tient of Thomas. ANALYSIS OF THE BOMB OUTRAGE Conditions that Existed and later eares tbat May Be Drawa from Kaowa Facta Plainly Set Forth. OMAHA. Nov. 28 To the Editor of The Be: As soon aa I heard of the bomb ex plosion on the porch of the home of Mr. Elmer Thomas I said what I honestly believe-that any man would be a monster who, out of spite, would do such an act. I further said, as the truth Is, that I would willingly do anything In my power and spend as much money as any other man to bring the perpetrator of such a cowardly outrage to Justice. I realize as much as anyone can the das tardly character of an act of violence which strikes at a home. I have a pleasant home myself, and I have a wife and little daugh ter whom I love. If a man believed I had done him a wrong and meeting me face to face, either with or without cause, should strike me down or kill me he would, ac cording to my Idea, be a hero compared with the sneaking assassin who in the n!ght time would steal up to my home with a deadly bomb which would be as certain to kill or malm my wif or child as to do injury to me. The man who placed that bemb on the porch of Mr. Thomas either expected It to do more Injury or less In Jury than it did. If more injury, he was a murderous cowardly assassin and a fool as well for using so little explosive and placing it, as he did, where It could do but slight Injury. If less Injury was Intended, that bomb was placed for some other pur pose than to destroy Mr. Thomas or any member of his family. Notwithstanding all the surrounding cir cumstances fairly demonstrate that no per son with a grievance against Mr. Thomas did this act, both Mr. Thomas and the Civic Federation have attempted unfairly and without sufficient cause to create that Impression. In the call of the Civic Fed eration for the mass meeting held Friday night It Is stated that because of his efforts in behalf of the enforcement of law and the suppression of crime the attempt was made on the life of Mr. Thomas and the lives of the members of his family by placing the bomb on his porch. It Is fur ther stated in the Civic Federation call that this crime can be accounted for in no other way, except as an effort to do stroy Mr. Thomas because of the work in which he Is engaged. This Is a fair sample of the unfair and determined effort that has been made by Mr. Thomas and the Civic Federation to point the finger of suspicion toward the parties who have been prosecuted by Mr. Thomas. Defeat Against Inooendo. The only parties who have a grievance of this nature la myself, the saloon keepers and the chief of police. The only persons In Omaha who were Intended to be re ferred to were myself, the saloon keepers and the chief of police. Why should the chief or th saloon keepers or "myself- be desirous of destroying Mr. Thomas at this particular time? As is well known, there Is now pending before the supreme court the1 habeas corpus case which Involves the question of my deportation from the state of Nebraska to answer an Indictment found against me by a grand Jury of Harrison county, Iowa, through the efforts of Mr. Thomas on the statement of a peniten tiary convict. Judges and Juries are but human. The Impression that I had com mitted such an outrage as placing or caus Ing to be placed a bomb on the porch of Mr. Thomas could not but prejudice me with Judges and Juries in both Nebraska and Iowa. I know thla to be so, Mr. Thomas knows it, and everybody with a grain of sense imiHt know it. How about the saloon keepers? They, too, were Interested in pending litigation the mandamus case to enforce the provisions of the Sloeumb law recently commenced by Mr. Thomas was before Judge Day. To dynamite Mr. Thomas could only result In prejudice against saloon keepers and the saloon business and do injury to their side of pending litigation. How could Chief Donahue.be benefited by such a dastardly act? The idea that he would favor such an outrage Is absurd, and this Mr. Thomas now admita. But the ne cessity still remained for Mr. Thomas to account In some Way for the placing of the bomb on his porch. He has found it nec essary to charge me with this crime and In his speech Friday night declared that I threw that bomb, hired someone to throw It or knew who did it. I wish to brand this statement by Mr. Thomas as wickedly false. I did not place that bomb on Mr Thomas' porch. I did not hire anyone to place It there. I be lieve I know who did It, but I have not the evidence sufficient to make the charge or to clearly prove the fact. When the crime of arson is committed the first and most natural Inquiry is, Who will be benefited by the fire? I well know that th placing of this bomb on the porch of Mr. Thomas could not possibly benefit me. Who would it benefit? Who placed that bomb? I wish the truth might be known. I would glcdly pay out of my own pocket $1,000 for a kino drome picture of what occurred in front of the home of Elmer E. Thomas during the half hour preceding the explosion of the bomb on his porch. Of course, money would fnil now to produce such a picture, but If it only ccaild be produced it would be one, as I believe, that would startle this community more than did the explosion of the bomb. Of one thing I am certain, and that is, that such a picture would not in clude me or any friend of mine. ' Matters Not Readily Inderstood. There are some things about this bomb explosion I cannot understand. I cunnot understand why it happened at the par ticular time it did. . It occurred at a time when tho treasury of the Civic Federation was extremely low, if not actually de pleted. On the night It occurred Mr. Thomas had attended a meeting of th Board of Fire and Police Commissioners for the purpose of prosecuting his charges against Chief Donahue. Although he had made a great effort to Induce' the members of the Civic Federation to be present at ' this meeting;, only about a half dozen ap- peared. He was unable to produce any , testimony In support of his chargea, and his attempt to do so v.as In the 11k hf of a farce. The few members of the federation who came left In disgust. Mr. Thomas uppeared discouraged at the result and dis appointed at the failure of the members ot the federation lo respond to his cull. When be left the city hull, a little sfter 10 o'clock, the Civic Federation was appar ently deaJ and Mr. Thoma had already been dynamited. Tl ere was no ned(to plnca Ona-mm or i.ltivjrlyterln cn his p'irch. If any j.tr:ij.i had wished to do him personal injury I.e could easily have done no whll . (Car Liu lied, an sHccnd, Pag.) WOMAN PAINTER IS ARRESTED Artist Who Desired President to View Portrait tails at Francis Home. ST. LOUIS, Nov. 23. After trying to force her way Into the residence of Wil liam H. Thomson for Ibe expressed pur pose of painting the picture of President Roosevelt, Miss Maria Hrndl, n glass painter from Munich. Germany, but claim In? to occupy studio quarters at 51 Oneida street, Milwaukee. Wis., was arrested Sun day night by detectives. She appeared to be about 18 years old. was fairly well dressed nnd showed refinement. She walked up the steps, rang the bell and explained to the butler in broken English, after giv ing him her card, that she had written to the president a we-k ago that she Intended to call upon him during his St. Louis visit and paint his picture on glass. Detective Vlehle and a secret sen-Ice man seized and led her down the steps. They sought to persuade her to return to her stopping place, but no amount of per suasion would pacify the woman, and she was finally arrested and locked up. It was learned, after Investigation, that Miss Herndl was released at the police station after having been questioned at length and satisfying the authorities that she meant no harm to the president. To night she stated that she has a painting of George Washington on display In, the Varied Industries pavilion, and was very anxious thut it be viewed by President Roosevelt. When he failed to see It Sat urday she decided to call on htm Sunday and endeavor to persuade him to see the picture, and her efforta In this respect caused her to get Into difficulty. Answers to telegrams dispatched by Pres ident Francis of the exposition, at the suggestion of President Roosevelt, to the chief executives of the countries and states whose pavilions and exhibits the president visited on his recent tour of the .World's fair grounds, were todsy received from King Edward of England, Emperor Francis Joseph of Austria, President Palma of Cuba and governors of several states. MILWAUKEE. Wis., Nov. 28. Miss Maria Herndl of this city, who. was ar rested in St. Louis while trying to seek an audience with President Roosevelt, has an excellent reputation In Milwaukee. Mine Herndl had a painting on exhibition at the World's fair and left for St. Louis two weeks ago for the purpose of preparing the painting for shipment to Milwaukee at the close of the fair. Before leaving for St. Louis on her last trip she expressed a desire to well known citizens of Milwaukee to paint a picture of President Roosevelt for the White House or to be hung In one of the other govern ment buildings at Washington. She was directed to seek an audience through Wis consin senators and congressmen. MORE SHOOTING AT ZEIGLER Militia Pickets Fired fpon from Am. bash Assistant Adjatant Gen eral Reese Arrives. BENTON. 111., Nov. 28. There was more shooting of Zelgler tonight. The pickets put out by the militia were fired on and the fir was prowttly relumed. Bo far as known no one was hit. Assistant Adjutant General Reese arrived this evening from Springfield and was driven with the sheriff to Zelgler tonight. He comes to canvass the situation with a view to bringing more troops to Zelgler as the sheriff has re quested. The territory is so large that the company of soldiers cannot properly guard It. Today Earl Moore, one of the striking union miners upon whom the federal in junction was served, was found upon Mr. Ielter's property and was promptly ar rested. He will be taken to Springfield. ST. LOUIS, Nov. 28. A special to th Post-Dispatch from CarbondaJe, 111., says that the pumping station, nearly two miles from the Zeigler shaft and from which the water of the town Is secured, was fired upon from ambush Saturday and Sunday nights and several shots were exchanged. The Little Muddy river supplies the water and a thick underbrush marks the banks of the stream for miles. In the pust a lone pumpman, having no connection with the shaft or strikers, has been stationed there, but now a strong guard has been detailed there. No further troops have been sent to Zelgler during the forenoon, but Company C of this city has been ordered to be In readiness to proceed to the scene. The company may move at any hour. Letter la not at Zeigler. An Important meeting of United Mine Workers' officials is now being held to consider the situa tion. They will resist to the utmost any attempt to abolish Camp Tanner, where ihe union miners are now living. The reported attack on Letter's ammunition arsenal Is not believed to be true. Except the ex plosives -tied In the mining of coal, hla ammunition is stored in a vault at his office and could be reached only except through great sacrifice of life, as a Gatllng gun Is stationed there. It is learned that At torney Pratt has twice been fired on. PATTERSON TRIAL IS DELAYED First Jnry Called ta Try Case Against Actress Is Discharged New Jury Is to Be Drawn Monday, NEW YORK, Nov. 28.-The Jury in the Nan Patterson case has been discharged. No application was made to set a date for a retrial. District Attorney Jerome has served no tice on Nan Patterson's counsel for the summoning of a second Jury to try the rase at the opening of the next term of the court next Monday. The notice was accepted. The illness of Edward Dressier, a Juror who was stricken with apopolexy last week, waa the cause of today's action. The report of hit physicians, which was made at the opening of court today, that the Juror was In no condition to return to his duties, left Justice Davis no alter native but to dlscharse the Jury. Miss Patterson appeared very much de jected as shu waa lei back to the Tombs to await the beginning of the new trial. ANTI-IMPERIALISTS TO EXPAND New Enaland Hoc-let Derides to An nex All of tho Btntea. BOSTON. Nov. 2S.-The New England Antl-lmperlallst league today voted to change the name to The Anti-Imperialist league. Vice presidents were elected from various states and a large local executive committee w.ia chosen. The following clause was made a part of the constitu tion: Ti ls league demands f..r all Deonle under tho United fit.i'i't !:overnreiii the r:ght i guaranteed by the eotilitulon The object is by all i roier mean to ir,i ,: ,. inr-i.n-. slstent with American ideals the forclbl extrusion of the soxerelgnly of the Ui'lted Stutea over foreign ptiples and In particu lar to work constantly for lb early and ro-nnint lndepndue ol tu PhUlpptn Islands, ... CHANGE JN POLICE BOARD W. D. McHugh Tenders Ecsignatiet to Oevernor and It in Accepted. DR. GEO. L. MILLER APP0INTE0 TO PLACE Other Members of Board Rraret Mr Hash's Retirement, hat "peak a Good Word for Thrlr New C'olleaawe. (From a Staff Correspondent.) LINCOLN. Nov. 2S. (Special.) W. D. McHugh today tendered his resignation to Governor Mickey as a member of the Omaha Board of Fire and Police commis sion. Governor Mickey accepted the resig nation and appointed In his place Dr. George L. Miller, who has accepted. The leslgnatloti of Judge McHugh was dated Saturday, but It was not received by Gov ernor Mickey until after 4 o'clock this afternoon. The governor at once called up Dr. Miller by telephone end tendered him the place and It was accepted. Ac companying the resignation was the at tached letter from Judge McHugh setting forth his reasons for resigning. Several days ago he stated to Governor Mickey that he desired to get oft the board, but at that time he was prevailed upon to remain, consequently, while his resignation was a surprise to Governor Mickey, It was not wholly unexpected. Judge McHugh was appointed to fill out the unexpired term of C. C. Wright, who resigned upon being elected city attorney of Omaha. Judge McHugh's letter follows: Caase for Resignation. When, without any solicitation on my part, you tendered me the position of mem ber of the Board of Fire and Police com missioners of the city of Omaha, with tlie request that I accept the same. I did so after an investigation of the law satisfied me that the Board of Fire and Police com missioners of Omaha whs not, by the charter, charged with the duty of en forcing the laws of the state or the or dinances of the city, and I accepted trie position after explaining these views to you and my understanding that the board should keep within its lawful duties, and did not assume poweis not confided to it by the charter. This construction of the law as to the powers and duties of the board was In ac cordance with the opinion of the city at torney of Omaha, who appeared in court and insisted that the law did not Invest the Board of Fire and Police commis sioners with the duty or responsibility of enrforclng the laws and ordinances. The present board has acted upon thla theory as to its powers and duties and when, aa you know. It was asserted In a proceeding In court that it was the duty of the Board of Fire and Police commis sioners to enforce the laws, the district court decided that the board was right In its construction of Its powers and that the duty of enforcing the laws and ordinances did not devolve upon, the board. Tho board, however, has a disciplinary power over he police officials, and when ever charges r.re filed with the board stat ing that any police officer Is not doing his duly, then the board Is to hear such charges and make such finding and order as the facta shown demand. On this theory the board has acted; charges have been filed against the chief of police that he Is not doing his duty in the enforcement of or dinance and order. Immediately upon the filing of these charges, they were acted unrin and s hpnrlnv whs hsri with nil nos- i slide expedition, the hearing being had on Monday last. Before the matter of these charges could be passed upon by the board, there was evidenced a demand on the part of a large number of oeoole that the Board of Fire and Police commissioners assume the duty and responsibility of enforcing the laws of the state and ordinances of the city. This demand Is voiced in a resolution passed at a general meeting last evening, which reso lution was supported by lawyers of stand ing, who evidently entertain the theory that, under the law. the Board of Fire and j Police commissioners Is charged with the uui j hi ni ivil imp. Hie luwn ui wi? otaio and the ordinances of the city. Of course I cannot change my belief as to the law, or my construction of the powers of the board under the charter of the city, in response to any popular de mand, nor am I willing to be the target of criticism which assumes as sound a theory In respect to the duties of the board, different from th one I hold. I therefore tender to you herewith my resignation as a member of the Board of Fire and Police commissioners of the city of Omaha, the same to take effect at once. I wish at this time to express to you my appreciation of your unfailing confidence frequently manifested with renpeet to me during the time I have held your commis sion. . Surprise In Omaha. The announcement of Judge McHugh's resignation at tho fire and police commis sioners' meeting last night was a complete surprise to everyone. The other members of the board Immediately expressed regret over the loss of so able an associate, but said they were glad to know that his suc cessor was a man who would measure up to the place. Neither Judge McHugh nor Dr. Miller attended the meeting. "I would prefer to make no statement now," said Dr. Miller. "The position was tendered to me today and I accepted it." Judge McHugh upon returning from Lin con last night said that he had nothing to add to his letter of resignation. "I sincerely regret Judge McHugh's resig nation," said Commissioner Spratlen. "Dr. Miller's appointment Is an excellent one and very agreeable to me." Commissioner Thomas said: "I have only Just heard of the resignation of Judge Mc Hugh and cannot express how sorry I am to lose him as a colleague on the Fire and Police board. He has Impressed us all with his straightforwardness and with his manly and fair conduct to all and his earnestness In the betterment of discipline In both departments. Dr. Miller, the new appointee. Is too well known to need either Introduction or commendation and his ap pointment will be well received." "I was very sorry to learn of the resig nation of Judge McHugh as a member of the Board of Fire and Police," said Com missioner Broatch. "The splendid legal abilities of the Judge made him a valuable member and his advice kept the board clear of entanglements which might not otherwise have been avoided. Dr. Miller's appointment Is a very satisfactory one." ARRFST AVIFPISAN FISHERMEN Ten Boats Captured by m Canadian Cruiser Fined MH Each oa Three Charares. EASTPORT, Me., Nov. 28. Ten Amerloan fishing craft, Including eight sailing ves sels and two steamboats, have been seized by the Canadian fisheries protective cruiser Curlew and fined for Illegal fishing in the Canadian water of a tributary of Passa maquoddy bay, near Bt. George, N. B. Th fishing craft were -fljed near St. George last i.lght, though an announcement of this procedure was not made until today. Three specific charges were preferred against th vessels that they had fished on Sunday, that they had Illegally caught fish found In their possession and that they had seined Illegally in Canada waters. For the two first offenses each boat waa fined 1U0 and for the last ?2. In addition to this all selns and fish were confiscated. It is understood that the fines will be paid and that the entire matter will be dispose 1 of without Involving any in'erna tionul question. The aggregat value of the craft Is about $20,0u0. Th selxure la ths most extensive that has been mad by t&a Cin&iTlaj cruiser for many ytara, NEBRASKA WEATHER FORECAST Fair aad Colder Taeadayi Wedaes. day Fair. Hoar. l), Hoar. Dear Trmperatare at Omaha lesterdayi II a. m m 1 p. m AO 6 a. m A4 a p. m US T a. tn HH a p. m...... Kt N a. m ail 4 p. m M a. m .IT ft p. m "4 in a. a 40 H p. m IV-I It a. in 40 T p. m 14 m 4H H p. m 4f O p. m 4T NEW PHASE OF LAWFRAUDS Govern meat Kvldenee Involves O. A. Howe aad a Laad Office In spector la the Conspiracy. PORTLAND. Ore., Nov. 2S A new phase In the land fraud trial developed today when the name of Gcorae A. Howe, to whom was deeded seven of the alleged bo gus homestead titles, was brought Into the case. Further documentary evidence brought to light that Howe hnd In turn deeded to Horace G. McKlnley a tract of land in section 15 south, range I east. District Attorney Hall announced to th court thnt the government Would prove that Howe Is In reality one of the con spirators under nnother name. The gov ernment announced during today's proceed Ipbs thnt It would prove tho object of fhe alleged consplrntors In locatlnir In 11-7 was not to acquire those lands permanently, but merely to give them scrip rights thnt they might exchange scrip for land to which they desired to acquire title. When court opened today the government recalled George R. Ogden, A clerk In the genernl hind office, who Identified the re port submitted by C. E. Loomls with refer, efoe to the homestead of Thomas Wllklns. Asked what was done after the report of Loomls had been received. Mr. Ogden sild that Forest Superintendent S. B. Ormsby as detailed by Instructions to make an other investigation. An objection was raised to the evidence in this particular nnd Special Prosecutor Henry sprang an other surprise with reference to the falsity of reports submitted by special agents ol the government. Said My Henry We propose to show also thnt S. B. Ormsby became a conspirator In these cases and that he was procured by the defendants to transmit a false report. The objection was overruled and tho wit ness Identified the report as having been received from Ormsby. Mr. Henry read Ormsby's report regard ing the Emma Porter claim. It was an echo of that transmitted by Loomls. It told about the house made of logs 14x16 feet, with a log woodshed 8x10 feet; told how four acres of land had been cleared, sowed to grass and fenced, nil of the value of L". Then came the reading of the report In regard to Frank Wolgamott, detailing how he had erected a house 18x20 feet, with a woodshed; how he cleared five ucrcs of land and beautified the premises with a small garden. The evidence then reverted to the letter written by United States Sen ator Mitchell and accompanying some affi davits of Puter and Mrs. Watson to the general land office. Mr. Ogden Identified these. Cross-examination developed no new features and the witness was dismissed. William A. Richnrds, commissioner of the general ltuid office, arrived here today to testify in the land frnuil cases of the gov ernment against Sad Puter, , Horace O. McKlnley and others. Mr. Richards de clined to be interviewed upon the purpose of his visit here. It Is expected he will go on the witness stand tomorrow. MURDER IN NEW YORK FLAT Woman Reaten to Death with Coup ling Pin Slayer Takes Money and Jewelry. NEW YORK, Nov. 28. With her head crushed In, the body of Mrs. Margaret Keeler was found In her apnrtment In the upper east side of New York late toduy. Nearby was a ten-Inch coupling pin, with which she had evidently been murdered, for one end of It was covered with blood. The Keeler family consisted of the hus band, who Is employed In a local mer cantile establishment; James, 12 years old, and Mabel, 9 years old. The body was found by the children on their return from school. Mrs. Keeler had been dead several hours. Investigation by the police shows that the woman was murdered In the kitchen and had made a desperate resistance. The murderer then dragged her body Into the bedroom and threw It upon the bed. Missing from the flat was Jewelry worth $400 and J'.'OO In cash. The police learned tonight that a man had called on Mrs. Keeler several times and had been given something to eat. The fact that the table was set when the murder .was done at once seemed to link the visitor of former occasions with the crime. A description of the man was secured. It was from the husband, after his haaty return home, that the police learned of the robbery and later set out to find the man who had ac cepted the hospitality of Mrs. Keeler. How the murderer got Into the house Is unknown. CUDAHY NOT IN THE DEAL Packer ta Not Trying; to Corner Out put of the Coast Salmon. CHICAGO. Nov. 28.-John Cudahy. through his representative, F. L. Demlng ol Demlng & Gould, today denied that he was backing a company which aeeks to secure a monopoly of the aalmon output on the Paclflo coast. ."Mr. Cudahy Is not in the deal tn any mi.nner, shape or form," declared Mr. Demlng. "The property of the North American Fisheries company was bought by a syndicate composed of Frank Lynch, H. 8. Orlggs, H. N. Hlglnbotham, H. B. Steele, Joseph Snydacker and the Demlng & Gould company, "Mr. Cudahy was Invited to become a party to the transaction and would have done so had there been a chance to buy the property of the Paclflo American Fisheries company. At ths sale of November 10, however, a man named Peters bid that property In at 1310,000, presumably for the creditors in New York. The price bid was more than Mr. Cudahy considered the prop, erty worth." Mr. Cudahy declined to discuss his con nection with the matter, stating that It waa In the handa of Mr. Demlng, who only could glvo the present status of negotla. tlona. Mitchell Will He Re-Kleeted. HAZLETON, Pa., Nov. 2s.-presldent John Mitchell. Vice President vVi.ll.iii Lewis and Secretary-Treasurer W. B. Wil son of the United Mine Workers will be re-elected without oMiusltlon at the next national convention at Indianapolis Janu ary 16. The voting blinks for the vailou locals- received here today h w tbat Messrs. Mitchell, Lewis and Wilton are the only persons nominated for tlielr re spective positions. 1"ti nominations have closed and the men will ballot for national officers between now and January 1 when, all returns must bt In, MAY FORCE FIGHT Berlin Etxn tkat Japs Doeira Victary Ba fore Inomj'i 6 hips Armt. CONDITIONS AT FRONT IN MANCHURIA Armifi Have Tlrae Fortified Llnat Eaok and Ira 8Lort Diitacca Apart. REPORT THAT JAPANESE ARE REPULSED Burner That th Iilaidtn Lost Heavily at Fort Arthur Saturday Afternoon. - RUSSIA IN MARKET FOR WAR VESSELS Aaent of tsar Visits British Ihta) lards, bat Falls lo fecare thlpa Meraase of Prices Askad. RERL1.V. Nov. 2S.-A dispatch to tha Loke.l Anitln.r fiom Mukaen, under ys tenia) s date, says: It is believed almut headquarters that tha Jaianese will make extraordinary efforts lo win a land victory beioie the arrival of the KusHian second l'n llic squadron. Tb movements of the fleet are reported In each Issue of tho Army Oaiette. the lOOtu numbir of whtcti was printed Monday. The paper I a elrculnted throughout th army and Is the only medium of new from the outer wond. As soon aa it ap pears the priates gather In groups, whll one who can do so reads the whole paper, the soldiers listening. The soldiers ar convinced that the arrival of the second Purine Hciuadron will end the war. as thejr believe the Japanese will be beaten on tu sen and seek peace. Severe measures have been taken against marauders. Twelve Cossnrks of one. real mem were sentenced to death. One wS shot in front of the brigade, while th sentences of the remaining eleven wera commuted to pennl servitude. Discipline frenerally is good.' Patrlaral relations ex st between the officers And men, and tha forn.er are doing verythlng possible for tha latter. Kewa from Konropatkln. CHE FOO, Nov. 28. General Kuuropatkla, Is the possessor of a new twenty-horsa power automobile, with which he is abl to rush at high speed fronv one part ta another of the line, twenty-five miles long, according to M. RHVOir. who reached her today from Mukden. M. Ravolr spent three weeks with Koura. patkln, who wished to secure twenty auto mobile specially constructed to carry ammunition sptedlly in emergencies. Ha will use them enly tn winter, when tha Manchurlan ronda are In excellent condi tion. On his II rut trip In the new auto mobile Kouropatkin's only comment wast "I have the udvunlage of General Shnfter." The Chinese now regard General Kouro patktn and his machine with superstitious awe, believing the latter to be a powerful specimen! of the "foreign devil." M. Ruvolr suld: The two armies lie facing each other, each having three loruueu lines. Th soldiers of both armies live mostly la enves, behind I heir trenches, which when coverel with 'now have the appearano of a great host or polar bears watting- to spring at each other. The caves are waraa, even .without fire.. The Kuaaiau troops in the best ot spirits and have unll.nltci conliucnie in their leaders. They er.peci Kouropatkin to attack during the winter. The ltussian forces now number JOV.O.fj men. '1 lie cavalrymen from the Don dis trict are superior to their Siberian com rades. The former are intelligent, brav and active, und have fine, powerful horses, TI.ere are only a few hundred woundod at Mukden and 30,000 wounded at Harnin. I cume nut on the Sloenan railroad, which seemed to be doing Ita tremendous work smoothly. The warehouses along tha railroad between Mukden and Harbin ar full of supplies which are almost un touched, us up to the present time th army has subsisted chiefly on the country. The handling of tho Russian artillery is Improving, while 'lie Japnneh artillery fir seems lews clfective. Originally the Rua Hlan.x did not conceal their artillery, will b. the Japanese quickly disabled. Now th Russian handle and conceal their guna with perfect science. Tho belief is general nt Mukden that Port Arthur will hold out till relieved, na matter how long the much-expected Rus sian second Pacific squadron may be la reaching the far cast. Generui Kouropatkin Is not talkative. His only reference to the war waii "The war is progressing as I wish. He still lives in his railroad car nnd th light In his olticc Is burning night and day. It is commonly stated that the get.eraf never sleeps. His officers are not sur prised at being called to a conference at any hour of the night. The general's only relaxation is nt dinner time, when tha otllcers who are his guests number scores. Wine is plentiful, but Kouropatkin drink mineral water. Kvery Russlun officer seams to have an unlimited supply of money, tha government being lavish In Its expendi ture. It Is my opinion that Kouropatkin will never retreat from Mukden unless defeated decisively, and 1 think the next battle Will be a Russian victory. , Hear of Jap Repulse. ST. PETERSBURG, Nov. 28.-7:26 p. m. The War office has received Information from Che Foo that the Japanese assault on Tort Arthur Saturday waa repulse! with enormous losses. ' Genernl Kouropatkin, under yesterday's dute, reports thut the Japanese offensive movement, which began November J4 near the village of Tsinkhetchen, on the front of the left flank, was of an Indecisive character up to 4 p. m., November 28, and was checked by the Russian Are. Although the fighting had then lasted three days, the Russian troops were In excellent spirits. A later dispatch from General Kouropat kin reports that the night of November 2T passed quietly at Tsinkhetchen, but tha Japanese assumed the offensive at 7 o'clock this morning on th Russian left flank. General Sakharoff today telegraphs as follows: The Japanese attack on Tsinkhetchen was checked by our urtillcry fire und the fight ing ceased at 6 o'clock in the evening of November 27. At no point did th enemf ad value nearer than within Hot) paces of ouf positions. In the midst of the battle a blinding snowstorm caused a suspension of hostilities and when the weather cleared at i o'clock In tha afternoon a turning movement against our right flank was ob served. Three Hays' Fight at Da Pass. WITH THE RUSSIAN FORCES AT SHENKING, Nov. K. The attack by tha Japanese on General Rcnnenkampf'a first position November 21 resulted in thres days' fighting at Tblnkhetchen, near Da pass. Though the Japanese have been repulsed, the fighting still continues. Tha Japana have succeed". 1 In placing several big siege guna In position, with which they will b able to seriously hurras the Russlane. Res Russian Ships. CHERBOURG. Nov. ZS.-The North Oer man Lloyd steamer Wllhelm der Grosse, from New York, which arrived lier today, reports that It sighted the second division of tbe Russian second Pacific squadron at a. m. twenty miles southeast of Start Point, bound west. PRAWLE POINT, Nov. M. Three ves sels, each with three funnels and presum ably Ruaalan first-class auxiliary steamers and third-class cruisers, passed westward today. CAPETOWN, Cnpe Cch.ny, Nov. 2. A dispatch ro the Argus says that Admiral HojcBtvvnsky's division of the Russia second Paclflo squadron Is coaling aft Bwakopmund, German Southwest Africa. MUj&PSN, kov. 2W-T&S vierr ef tb l