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OMAIIA, WEDNESDAY MOUSING, NOVEMBER 30, 1904 TEN PAGES.
RAILROADS WIN CASE
Federal Court 1b California Deoidei Sugar
Bat CaM Againit Kearney.
NIW VIEW OF LONG AND SHORT HAULS
Bate te Tenniials May Be Lewer Than to
Intermediate Fein
WATER ROUTE COMPETITION ERED
si
Dieorimiaatien Againet Iiterior May
ruci au on x air x ooui
COMMISSION HAS NO POWER
Court Hold thnt Order Do
Apply L'nlon Pariae R -road,
aa It la Net a Parly t
Origins! Salt.
SAN FRANCISCO. Nov. 29.-Unlted
States Circuit Judge W. W. Morrow haa
handed down a decision In the case of the
Interstate Commerce commission against
the Southern Pacific company, the recelv
era of the Union Pacific Railway company
and the Union Pacific Railroad company
In favor of the railroad.
The point at Issue was the right of the
Commerce commission to declare unjust a
rate on sugar from San Francisco to Kear
ney Neb., aa compared with the lower rate
through to Omaha, Neb. The court found
that the rate established by the defendant
companies waa not unjust; that the com
mission haa no right to legislate and that
the Union Pacific Railroad company could
not be bound by the order of the commis
sion, anyway, It not being a party to the
original eult.
It waa explained at Union Pacific head
quarters that the lower rates from the
coast to terminal pulnta like Omaha are
made necessary by the contlnu na com
petition with the all water route.
"In the case of sugar," aald one of the
officials, "the raw material can be refined
at San Francisco and hauled In here from
the west or It can be taken to Philadel
phia and refined and then be aent In here.
It la six of one and a half dozen of the
other. It Is 'this water competition that
we have to fight against to put our ter
minal points on a fair footing with those
points favored by all water routes. It la.
therefore, natural that In the case of
sugar, aa In other similar commodities
terminals should have a lower rate than
Intermediate points."
HEAR1K4 COAL ROAD CASES,
Interstate Commerce Commission
Listens te Testimony oa Output.
WASHINGTON. Nov. 29. The final hear
ing by the Interstate Commerce commission
In the matter of the complaint of William
- R. Hearst against the coal carrying roads
waa begun here today. ,
W. W, Ruley of Philadelphia, chief of th
bureau of anthracite coal statistics, sub
mitted tables showing a constantly Increas
ing tendency to use greater .quantities of
small coal. The Statistics, is explained,
-'howed' that oa account of the constantly
increasing consumption of the smaller site
coal, which Is produced at greater cost
than the prepared sixes, the rate charged
Is an average one between the two and In
bis opinion Is not unreasonable. "
The witness then submitted other figures
showing the geographical distribution of
coil and said that If a proportionate part
of the ooal purchased Under contract weir
to New York City It would not represent
ot.e-altlh of the total shipments to New
York harbor.
Mr. P. Blauvalt. comptroller of the Erie
road, la-ring up the question of the rates
on brie stone, Ijmber and pig Iron and
the routis tiaveled embraced In the tablea
of complainant and which had been put in
evidence for the purpose of comparison
with the rates on coal and the routes trav
eled, declared that many of the rates and
routes alleged by the complainant did not
exist. i
Under questioning Mr. Blauvelt furnished
statistics showing the expense attache! to
the handling of empty cars, a factor not
usually taken into account in making es
timates of the cost of operating a coal-
carrylng road.
Oeorge F. Brownell, who also appeared
for the Erie, put In evidence figures show
ing the amount of the passenger and
freight traflio on the Erie railroad, as well
as the cost of operating the road. In re
cent years, said Mr. Brownell, there has
been an Increase in the labor account of
the road. The coat of fuel In Ii8, when
there waa a falling off In the gross earn
tngs of the road, had been higher by 17, 000,.
OuO than in 1802. Responding to a question
by Chairman Knapp, Mr Brownell i
serted that In the matter of labor there
had been a reduction In Its efficiency, with
a corresponding Increase In cost.
On cross-examination by Mr. Shcarn, Mr.
Blauvelt admitted that last year's coal
business on the Erie was the most piotit
able of any year. Asked to explain 'the
Inconsistency of this statement," since the
figure-' showed a falling off in gross earn
lugs, while there had been an increase In
the oost of operation, Mr. blauvelt f aid
It waa due to the volume of business.
The witness then corrected his former
testimony by saying that the present year
waa not ths most profitable, but that It
was less profitable than 1803, and hs as
cribed as a reason ths fact that hla com
pany did not aell aa much coal and that
the coal which waa sold cost more to
produce.
Mr. Blauvelt, In reply to Mr. Shearn,
said he could not say that the selling price
of coal had been Increased more than the
cost. It was a fact, however, that the de
cision of the anthracite coal strike com
mission bad caused an Increase of SO cents
to In the moat of anthracite coal. This
Brorease, however, he explained, applied
onJy tj certain months In the year, and
u thargiJilo directly to labor.
Afisr a short general disciuurion, In
mh.'ch Chairman Knapp Joined, regarding
the comparative tariffs on anthracite and
tltairur.OiS coal, tlus 'hearing was ad
journed until tomorrow.
HER MOST LEAVES ST. LOUIS
Anarchist Speaker la Not Permitted
y Police to Make
Address.
ST. LOUIS. Nov. M.-On the promise that
he would leave the city, "Herr" Johann
Meat, the New York anarchist, who waa
arrested lost night, was released today.
His arrest last night followed the breaking
up of two meetings at which he waa to have
spoken on anarchy.
No charge waa made against him and he
was held for the chief. When Chief of po
lice Kleiy ha 4 Most brought before him to
day he was asked if he would leave the city
If released. On answering In the ainruia
Uva Uie polios gave Moat big liberty,
EVIDENCE OF CONSPIRACY
GsTtraaest Making; Straus? Case la
Prosecution ef Orrgas Land
Fraud Cases.
PORTLAND. Ore, Nov. 29-py detail
after detail, the government during today's
session of the land fraud canes trial estab
lished the circumstance of the alleged con
spiracy. Point after point waa adduced to
show the relations between Puter and Mrs.
Watson. This came out in the testimony
of Wells A. Bell, a United States commis
sioner of Plnevlile, who said he saw Mrs.
Watson slgn"the name of William J. Puter
In the presence of S. A. D. Puter. and the
testimony of W. A. Richards, commissions
of the general land office, who arrived from
Washington, D. C, last night, that he
saw the-m together with United States Sen.
ator Mitchell In Washington on the occa
alon of an alleged call to see about ex
pediting the consideration of the alleged
fraudulent claims and rushing the patents
thereto.
Evidence was offered by Commissioner
Richards that both C. B. Loomls and 8. B.
Ormsby were detailed as special officers by
the department to investigate conditions of
habitation and Improvement of lands In
the 11-7 district. This evidence, which waa
not brought out at the time of the exami
nation of Congressman Blnger Hermann,
was to the effect that those officers were
vested with power by virtue of their In
structions to administer oaths to the de
fendants. This evidence contradicts the statements
contained in the affidavits of Loom Is and
Ormsby, that they wore not granted such
powers, and intended to establish furthei
the fact that there was & conspiracy to
defraud the covernment.
If the plans of the government material
ises Its case will rest tomorrow. United
States District Attorney Hall today wai
granted an order for thlrty-slx additional
Jurymen to report next Tuesday for service
In the next case. Now that the government
Is soon to cease its efforts at conviction
there has arisen much conjecture as to
ef what nature the defense will be. The
attorneys for the defense have not thrown
any light on this question.
STIDEXTS TO SUPPORT MINISTF.lt
Svlatopolk-Mlrsky Will Have Special
Audience with the Emperor.
ST. PETERSBURG, Nov. 29. The stu
dent bodies of St. Petersburg have adopted
resolutions to support Interior Minister
Svlatopolk-Mlrsky. It now transpires that
the students' demonstration planned for
yesterday waa In approval of the minister's
policy. '
Prince Svlatopolk-Mlrsky will have a spe
cial audience with Emperor Nicholas to
morrow. It Is said In court circles, where
the opposition to the Interior minister's
policy la the greatest, that when the min
ister reminded the emperor that he had
taken office under certain conditions and
that he was ready to resign If his policy
did not receive his majesty's approval, the
emperor gave the minister the most com
plete assurances of his confidence and en
dorsement of his policy.
TtRKISfl LAW NOT APPLIED
French Coart Holds Americas Woman
v . Can Keep- Children.
PARIS, Nov ..-Th. first -tribunal -of
the Seine decided today In favor of Count
ess Csaykowskl. formerly 1 Miss Edith L.
Collins of New 'York, and a great-granddaughter'
of Commodore Vanderbllt In her
application for a separation from her hus
band, Count Csaykowskl, secretary of the
Turkish legation at The Hague. The de
cree awards the wife the care of her
children. The count pleaded that the
Turkish law gave him control of the chil
dren above 7 years of age. but the court
sustained the countess plea that the Turk
ish law Is inapplicable to parties resident
outside of Turkey.
AMERICAN TOIHIST KILLS HIMSELF
New York Man Jumps from Third
Floor of London Hotel.
LONDON, Nov. 29. Elverton Chapman,
aged 23, whose home la in New York City,
committed suicide last night at the Carlton
hotel by throwing himself from the third
floor landing to the vestibule, where he
was shockingly mangled on the marble
floor. His skull was crushed, one arm
was shattered and there were other In
juries, from which ha died In terrible agony
within a few minutes.
FOIRMLR IS OX THE BOARD
France Selects Him aa Ita Membeirtf
the North Sea Commission,
PARIS, Nov. p. -The council of minister j
today designated Admiral Foumler to sit
on the Anglo-Russian North sea, commis
sion. Foreign Minister Delcasse Informed the
council that the foreign minister's palace
on the Quay d'Orsay would be placed at
the disposal of the commission, which will
assemble at an early date.
Propose Leniency fas Japanese.
MELBOURNE, Victoria, Nov. 29.-The
Federal House of Representatives will next
week discuss the quesllou of withdrawing
the restriction placed on the entry of Japa
nese Into the commonwealth, on the ground.
In the words of the motion, that "they
have placed theselves In the front rank of
nations, have granted religious freedom,
have established consulates and have be
come the honored ally of Great Britain."
Spain Revises Grain Tariff.
MADRID. Nov Finance Minister
Osma Introduced a bill in (tie Chamber of
Deputies today Imposing so cents duty on
Imported com (per 1U0 kilos) and 11.40 on
Imported flour (per JOO klloe) whenever the
price of Spanish wheat exceeds 15.60 per 100
kilos. The new duties will become effective
Immediately after the bill Is approved by
the oortes.
Hadlcals lst Office.
MILAN. Italy, Nov. 29.-Followlng the
defeat of the lawless elements as a result
of the municipal elections Sunday, all the
radical members of the municipal council
have resigned. A royal commissioner will
conduct the administration, of Milan until
the general administrative elections.
Wed d I as? Party Is Slaughtered.
BELGRADE, Servla, Nov. 28. A wedding
party near Monaetlr, Macedonia, has been
attacked and slaughtered by Greek bands,
according to a telegram received at the
Foreign office. Thirteen of the party were
killed and five were wounded, fhe Greeks
etcaed to the mountains.
Passenger Rates te Be Restored.
LONDON. Nov. 2s. The final points of
dispute between the Cunard and White
Star lines have besn adjusted and circu
lars will be Issued restoring the Transat
lantic passenger rates to their old level.
Cardlnnl Richard 111.
PARIS. Nov. .-Cardinal Richard, arch
bishop of Parts, la In III health and It hat
been reported that he Is dying, but this Is
authoritatively denied.
CONVICTS FOR ME CANAL
Panama Work May Be Done by the Idle
Prisoitra.
SENATOR DIETRICH HAS A SUGGESTION
Plan that Would Solve Some of the
Problems that Confront Authori
ties and Provide Employment '
for Prison Labor.
(From a Staff Correspondent.)
WASHINGTON. Nov. 30.-(8peclol.) The
employment of convict labor, under cer
tain restrictive conditions, to cut the
Isthmian canal. Is a project on which
Senator Dietrich of Nebraska haa some
very pronounced views. He may use these
as the basis for at least a piece of tenta
tive legislation In the coming session.
"One of the Important problems In the
construction of the Panama canal la the
employment of labor," he aald the other
day to a friend. "Another is the building
of the canal with the least possible loss of
life. Modern sanitary methods will un
doubtedly solve the latter, and I believe the
employment of convict labor would help to
solve the former.
"An army of 30,000 or 40.000 laborers would
not be hard to raise. The difficulty would
be In Its selection, and In the Improvement
of the condition of the canal region. Trade
unions have memorialized the government
to build the utinal with union labor, and
other organizations have sent to Washing
ton the more liberal prayer that only
American labor be employed. Laudable and
patriotic as these requests are. It Is doubt
ful If the canal could be built entirely
uunder either plan. In the first place. It Is
questionable whether the trade unions ot
the United States y can produce enough
laboring men to carry on the work. In the,
second place, because of the fact that un
employed labor of any kind Is today a com
paratlvelr scarce quantity In America, It
would be difficult. If not Impossible, to re
'crult the entire army In the States. While
the number of men necessary haa been
variously estimated at from 30.000 to 60,000,
It Is certain that recent Improvements In
machinery will make possible the construc
tion of the canal with one-half or one-third
of the labor which would have been re
quired when the work was first attempted.
Army of Prisoners Available.
"In the state, federal, military and naval
prisons of the United States are confined
approximately 60.000 men, of whom 25,000 are
Idle or are employed at contract labor.
The others are employed on government
account at duties Incidental to the care
and maintenance of their places ot con
finement Probably not more than half of
the total number of prisoners are able
bodied. Drawing the line of physical dis
ability still further, probably 25 per cent an
able to withstand the adverse condition of
a tropical climate. In the Loulsiuna peni
tentiary It waa found that 25 per rent of
the prisoners were physically able to per
form work In the southernmost swamps of
that state, where they were successfully
employed In building levees under the most
adverse conditions prevailing anywhere In
the United States. Taking these figures as
a basis. It Is estimated that upward of 10.
000 prisoners would-. be available for em
ployment on the canal." - ;.
"Would, yopt ldea be purely the aavtng of
money T" the senator was asked.
"By no means," he answered. "It would
be In the Interest of humanity quite aa
much. There always has been and always
will be serious objection to the confine
ment, without employment of persons
who hava violated the law. Our prison
stockades are a safeguard to society, but
they are of little value In the way of
Improving the morals of those confine!
within them. The system Is particularly
bad where persons are confine without
anything to do. a condition due sometimes
to local objections to the employment of
convict labor .either under contract or
on government account In manufactures
the competition between convict labor and
legitimate American labor may be unfair
for the reason that convict labor, can be
more cheaply performed, especially If
compulsory. To the use of such labor
there are also economic objections. Job
bery In the letting of contracts alone has
tended to bring the system into disrepute.
Again In the prisons where contractors
pay for the cost of maintaining convict
employes It has been found In many cases
that the care given is vastly Inferior.
, No Conflict with Skilled Labor.
"But the foregoing objections do not hold
In the employment of our prisoners, under
military control, In the construction of the
Panama canal and other government
works, such as the building of Irrigation
reservoirs and canals for the reclamation
of arid lands. Such a practice would be
consistent with good Judgment and not In
consistent with a fair and wise Industrial
policy. It would provide employment for
our prisoners of a character In no . way
conflicting .with skilled labor, and tempo
rarily, at least, would solve the problem
of competition between elective and penal
labor. With such labor available, the gov.
ernment could undoubtedly undertake proj.
Jects which could not otherwise be at
tempted." "Your notion would be, of course, that
the convicts would derive physical benefit
from this little excursion Into comparative
freedom T"
"The benefit would accrue not merely to
a convict's body, but to his mind, morals
and estate as well. I need hardly remind
you that our laws, policies and methods of
dealing with criminals result, so far as the
offenders themselves are concerned. In de
stroying rather than Inspiring courage and
self-respect Persons are cast Into prison
for a term of years, and then, after ail
their helpful social relations have passed
away, are turned out Into the world prac
tically penniless and with blighted hopea.
Imprisonment necessarily reduces mental
and physical energy, and the condition of
the released convict Is therefore all the
more deserving of studious consideration,
Confinement without employment Is ob
viously bad for the prisoner In every way.
Statistics show that a considerable propor
tion of such prisoners go Insane before the
expiration of their sentences. My plan Is to
obviate this condition of affairs.
Helpful to Convicts.
"I am confident that the national govern
Went, by the use of modern and scientific
methods, will be able to cabllsh sanitary
conditions on the canal sons which will
make it fully as healthful as the low landi
of the southern states, where our native
labor has been successfully employed. The
hygiene of the region will be Vastly Im
proved under American direction, and It
will no longer be the disease-breeding hols
it has been since the agitation for a canal
first started. Our scientists can do on the
Isthmus what haa already been done In
Cuba. In the French work on the canal
little or no attempt waa made to Improve
sanitation, probably because there was not
at that time a full realisation of the actual
conditions. Profiting by ths mlsfprtuhes
and disasters of the past the American
managers of ths enterprise will pay flrsl
(Continued on Second Page ) -
BEST OF ALL
OMAHA, Nov. p. liMM.-B.ee Pub
lishing Companf, City: tientle
nien Jii respoti to your Inquiry
ns to what we fhtuk of Hoe want
ads, will say tupt In our various
lines of advertising we have fount!
by experience that nothing gives us
better returns for the money than
the want ads In The Omaha lice.
As a direct result of lust week's
advertising In The Bee we have sold
four Wheeler & WUhou bull-benrinp
sewing machines. Yours respect
fully. NEBRASKA CYCLE COMPANY.
Per George E. Mlckel.
,
NATIONAL W.JT U. MEETS
Gathering Representor More Than
800,000 Women ts Called to
Order In Philadelphia.
PHILADELPHIA. Nov. 29. -The thirty
first annual conventlqft of the National
Women's Christian Temperance union be
gan here today In the Baptist temple. The
union numbers more than 300,000 members
and includes in its ranks members of every
Christian denomination. Five hundred
delegates, from every state and territory
in the union, are In attendance at the con
vention. Presidents of representative women's
clubs will be invited to make addresses
during the convention and many well
known clergymen and educators Will Join
the speakers. Representatives from numer
ous charitable and social improvement so
cieties will also address the meeting. The
chief feature of today's program was tho
annual address of Mrs. Lillian M. N. Stev
ens of Portland, Me., president of the or
ganization. Mrs. Stevens has failed to at
tend but one convention In thirty years,,
and at that time she was kept home by Ill
ness. Mrs. Stevens, In her address, made the
following recommendations:
I recommend that we continue to make a
vigorous effort for the enactment by con
gress of the Hepburn-Dolllver bllll to con
trol the Interstate trafflo In Intoxicating
liquors.
r or me passage oi ' ins mL'tumner uui
forbidding liquor selling In government
buildings; this bill seeks to suppress liquor
selling at the national soldier1 homes.
The bill to prohibit the traffic in opium
except for medicinal purposes in the entire
Jurisdiction of the United States and for
the provision or government treatment tor
the habitual victims of this drug On No
vember 8 we sent from national headquar
ters a petition to Secretary Hay to use his
diplomatic in Hue nee to induce Great Brit
ain to release Chinese from the enforced
opium traffic, which we believe to be con
trary to the sentiment of British people
and to the real interest of British com
merce. For the exclusion of Senator Smoot from
the United States senate and an anti-po-llgamy
amendment to the constitution of
the United States.
I recommend to send from this conven
tion an appeal to President Roosevelt beg
ging that the salo ot liquor for beverage
purpoees be prohibited in the Panama dis
trict, now under control of the United
States.
For the states not having a prohibitory
law to endeavor to secure the enactment of
a law prohibiting the sole of intoxicating
liquors within a radius of three miles from
all army posts or government reservations.
That the various stales shall work for a
law prohibiting the manufacture and sale
of cigarettes; also for law prohibiting the
sale to minors of tob' in-rnny form. ,
Ws must coutln ac protest aaainst u,e
union of the Indian Territory and Okla
homa territory aa one state unless the sale
of intoxicants is prohibited. This protest
Is in accordance with the memorial of the
National Women's Christian Temperance
union presented to the senate on March 9.
The president also urged the members of
the organization to be watchful of the
candy eaten by children, some of which
contains atcohollo drops. She suggested an
appeal to the United States Postoffice de
partment for the extension of the move
ment to exclude from the mall advertise
ments of patent medicines and nostrums
where chemical analysis shows premedi
tated fraud on the part of the manufac
turer and distributor, and that such action
shall be taken as shall require, labelling
these medicines in a way that will indi
cate the amount of alcohol, opium or other
poisonous drugs they contain. The after
noon session was devoted principally to the
reading of reports and other routine busi
ness. Mrs. Susanna M.D. Fry of Illinois, cor
responding secretary, reported that during
the year 272 new unions were organized and
9,415 members secured for the national or
ganization, In addition to the 1,241 Loyal
Temperanoe legion members.
Twenty states were aided by the Frances
Wlllard memorial fund, the sum distrib
uted being 11.065. For organization pur
poses the sum of $3,063 was spent.
Mrs. Helen Morton Barker of Illinois, the
national treasurer, reported the total re
ceipts from all sources were (58.215, of which
I Hi. 476 were dues. The expenditures totaled
55.951, leaving a balance of $2,264, which,
with the balance from last year gives the
treasury $3,041
WESTERN MATTERS AT CAPITAL
Wyoming; Gets Land Selected in
Abandoned Military Reserva.
tlon.
(From a Staff Correspondent.)
WASHINGTON. Nov. 29.-(Speclal Tele
gramsThe secretary of the Interior today
approved the selection by the state of
Wyoming of 1,272 acres in the abandoned
Fort McKlnney military reservation to be
used for charitable, educational, penal and
reformatory Institutions.
Rural routes 1 and 2 have been ordered
established January 2, 1905, at Grattlnger,
Palo Alto county, la., serving 1,035 people
and 227 houses.
Rural carriers appointed: Iowa Ger
manla, route 2; William E. Gutknecht, car
rier; Fred Gutknecht substitute. South
Dakota Henry, route ?; William Callahan,
carrier; Lena Callahan, substitute.
Marc Halvorsen has been appointed post
master at Ounder, Clayton county, la., vice
Elisabeth Halvorsen, resigned. '
PRESIDENT AT THE WHITE HOUSE
Special Train from World's Fair Ar
rives In Morning-,
WASHINGTON. Nov. 29,-Presldent
Roosevelt arrived here today at 7:02
a. m. from his visit to the Bt Louis
exposition. The train was awaited by a
throng of several hundred people in the
Pennsylvania railroad station and as the
train drew Into the station the crowd broke
Into cheera. It was thirty-five minutes
later when the president, accompanied by
Mrs. Roosevelt and his daughter, . Miss
Alice Roosevelt, alighted from their oar.
They were conducted immediately to their
carriage, which waa In waiting, and driven
rapidly to the White House.
Fiancee Secures Property.
PHILADELPHIA. Nov. 29.-Anclllary let
ters of administration were gi anted toaay
by tho reglstiar of wills in the M ate of
Edward L. Wents. the wealthy youMg Phtl
adelphian whose niyaterious death ,n tue
mountains of West Virginia has ixvi-r been
cleared. The estate is vaiiousiy est mated
at from $2uO.0u0 to $6uu,0uu and the bu,k o
the property Is left In trust for the Ixn.-tll
of hia fiancee, CornaUa ttrookuilre. who
Uvea U ku Louis.
MRS. CHADWICK WILL SET1LE
Case ef Woman Who Borrowed Large Ssmi
from Ohio Banks Goes Over.
HER CREDITORS MEET AT NEW YORK
Attorney for Herbert B. Newton Says
Note for ftftoo.ooo Deposited as
Collateral Is Ma-ned by
Andrew Carneale.
i
CLEVELAND. Nov. 29. At the opening of
court today It was announced at the hear
ing of Mrs. C. L. Chadwtck In connection
with the suit brought against her by Her
bert B. Newton of Brookline, Mass., had
been postponed until Thursday next. The
hearing was postponed by consent of ths
attorneys representing both sides.
Mrs. Chadwlck wns not in court 8h
was represented by John 11. Clarke of this
city as counsel. He declined to state
whether or not he expected Mrs. Chadwlck
to attend the hearing next Thursday.
. A report to the effect that Andrew Car
negie's name appears on the note for
$500,000 given by Mrs. Chadwlck as security
for a loan from the Citizens National bank
of Oberlln was persistently circulated here
today. Developments today indicate that
Mrs. Chadwlck Jas for a long time done
business with many of the banks of Cleve
land and also In those of surrounding
towns on a big scale. Leading bankera
have stated that they have frequently
loaned Mrs. Chadwlck from 1-6,0(0 to $100,0u0
on notes endorsed by wealthy persons.
These notes have. It Is said, usually been
paid promptly when due.
Iri Reynolds, secretary and treasurer of
the Wade Park Banking company, refuses
to make any statement whatever concern
ing the note j given by Mrs. Chadwlck to
his bank as collateral and which are also
reported to bear the endorsement of Andrew
Carnegie. There la said to be a possibility
thnt the motion for the appointment of a
receiver to take charge of the securities,
amounting to $5,000,000, said to be held In
trust by Iri Reynolds for Mr. Chadwlck,
will not come to argument.
It was stated by one of the attorneys
for Mrs. Chadwlck today that the continu
ance was asked for In view of negotiations
for a settlement. There is every evidence,
the attorneys say, that the matter will be
adjusted and that the appointment of a
receiver will not be necessary.
It was stated by a friend of Mrs. Chad
wlck today that the latter has made ar
rangements with financial men In New
York to cover her Indebtedness to Mr.
Newton.
Attorney Arthur A. Stearns, represent
ing Banker Newton of Brookline, Mass., in
the case of the latter against Mrs. C. L.
Chadwlck, left for New York this evening
to attend a conference with Mrs. Chad
wick's attorneys Thursday morning at 10:30
o'clock.
Attorney Stearns said this afternoon:
I have had a half dozen messages from
New York, calling me to a meeting look
ing to a settlement of the suit. I cannot
tell anything of what may transpire there
or what the result will be.
There was such a steady withdrawal of
deposits from the Wade Park bank today
that the officials determined to enforce the
stxfy 6ii-ml-natleJ'at -withdrawal rule. -
Oberlln Loans Aaaregate 8-12,000.
OBERLIN, O., Nov. 29. It Is stated here
today on what Is believed, ts be reliable
authority that the amount loaned to Mrs.
C. L. Chadwlck by the Citizens' National
bank of Oberlln, which failed yesterday,
Is $210,000. This is said to be exclusive
of the $102,000 loaned by President Beck
wfth and Cashier Spear personally to Mrs.
Chadwlck.
Woman's Creditors Meet at New York.
NEW YORK. Nov. 29. A meeting of Mrs.
Chadwick's creditors was held here today
and was presided over by George E. Ryall,
the New York attorney for Herbert D.
Newton of Brookline, Mass., who is suing
.Irs. Chadwlck for the recovery of $190,800
he louned her on notes. Mr. Ryall today
issued the following statement:
There wns a conference at my office, at
which were present Mr. Newton, Mr. Car
ver of Boston, Judge John Albaugh of
Canton, of counsel for Mrs. Chadwlck, and
myself. On behalf of Mrs. Chadwlck,
Judge Albauah requested that the receiver
ship proceedings be put off until Friday, nt
which time he will .have her affairs In
soino kind of shape. This was agreed to
and Mr. Newton and Mrs. Carver went
back to Boston on a late train.
Mr. Newton said that he had seen a note
for $500,000 which was given by Mrs. Chad
wlck as collattral for a loan from the
Citizens' National bank of Oberlln, O.,
which failed yesterday. My client told me
that this note carried the signature "An
drew CarneBe." This will have. to come
out, sooner or later, so I tell It now.
The following statement was made by
Mr. Carnegie's secretary:
Mr. Carnegie read this report and pro
nounced it absurd. Mr. Carnegie does not
know the woman at all.
Subsequently Mr. Ryall said the receiver
ship proceedings in the Chadwlck case In
Cleveland waa postponed to enable Mra.
Chadwlck to make a settlement of Mr.
Newton's claim.
"It was the understanding last night,"
said Mr. Ryall, "that Mra. Chadwlck would
settle a large part of Mr. Newton's claim
In cash and give security for the balance."
Mr. Ryall did not know that Mrs. Chad
wlck had secured the funds necessary.
Mr. Ryall was asked today If It might be
possible that the name "Andrew Carnegie"
had been forged and he replied: "If that Is
so less than four hours will elapse until
some one Is under arrest."
Newton's Attorney Involves Carnegie.
BOSTON. Nov. 29. Herbert D. Newton of
Brookline, the plaintiff In the suit against
Mrs. Cassle L. Chadwlck, refused tonight
to discuss the caae In any phase, but re
ferred Inquirers to his counsel, Percy W.
Carver.
At his home in Newton tonight, Mr.
Carver told an Associated Press represent
ative that Important developments In the
cass of Mrs. Chadwlck were ' expe-cted
within a few days. Referring particularly
to the note of $500,000 said to have been
signed with the name of Andrew Carnegie
Mr. Carver said:
In Mr. Newton's bill of complaint' which
has been tiled In the suit against Mr.
Chadwlck. Mr. Newton alleges that as an
Inducement for him to loan Mrs. Chad
wlck $190,8110 Mrs, Chadwlck showed him a
note for $&oo,uuO, which was signed by a
nian whom Mr. Newton believed to be fully
responsible as one who could stand bel lnii
such a loan aa waa requested. I prefer
not to state whut name was signed to this
note, but you can say that we do not
contradict the statement that the note
bore the signature of Andrew Carnegie.
Mr. Carver, who spent the day In this
city, said that he was In telephonic com
munication today with Lawyer Ryall of
New York, who haa been handling Mr.
Newton's case In that city, on the subject
of the suit Hs said that the conversa
tion did not develop anything of moment.
Mr. Carver stated In conclusion that Mr.
Carnegie's repudiation of the note for
$5uu,ou0 was not at all unexpected.
Farmer Loses Arm.
ABERDEEN, S. D-, Nov. S.-(8peclal.)-
William Oehler of Grant county had his
arm caught In a corn ahredder, the limb
being so badly mangled that amputation
waa necessary. -.- -
NEBRASKA WEATHER FORECAST
Fair Wednesday. Thursday Fair and
V armer.
Temperature ut Omaha Yesterday!
Hour. Dear. Hour. Deo;.
-B a. m .14 1 p. m M
a. m Kt a p. m -1
T a. m ill a p. m a
na. m . 4 p. m 32
W a. n at R p. m...... a
to a. m Itil p. m 82
1 1 n. m ...... .H-'t T p. m au
la m iltf M p. m ao
S p. iu ..... . !Pt
STARTS SUIT AGAINST EDISON
International Uraphophoae Company
Desires Receiver for the Edison
Phonograph Works.
TRENTON, N. J., Nov. 29. The Interna
tional Graphophone company today Insti
tuted suit In the court of chancery ssklng
for the appointment of a receiver for the
Edison Phonograph works of Orange. N. J..
ond also asking that Themas A. Edison,
John Randolph. William E. Gilmore. the
Edison Phonograph and the National Pho
nograph company make discovery of the
assets and profits of the Edison Phono
graph works, alleged In the bill to be
wrongfully diverted to the National Phono
graph company and to the Edison Manu
facturing company. Insolvency Is not al
leged. It Is also asked that the defendants make
a statement of all profits or money that has
been diverted from the Edison Phonograph
works by Edison, Randolph, Gilmore. the
Edison Manufacturing company, the Na
tional Phonograph company, or any of
them.
The International Phonograph company
owns 1,440 shares of the Edison Phonograph
works, and the bill charges that this com
pany and Edison In 1890 agreed to form the
Edison United Phonograph company, which
was to have close business relations with
the Edison Phonograph works and to handle
phonographs made by the latter company.
It la further charged that In 1896 the Na
tional Phonograph company waa forniid
by Edison and others and that this latter
company furnished phonographa to the
exclusion and to the financial detriment of
the International company.
JOHN A. CHANLER IN COURT
Man Adjudared Insane In New York
Asks Federal Jndare to Declare
His Status.
NEW YORK, Nov. 29,-Thomos JF. Sher
man, who was several years ago appointed
conservator of the person and estate of
John Armstrong Chanler, former husband
of Amelle Riven, the authoress, tod-ty filed
an answer to the complaint which Mr.
Chunler entered 'n the United States Cir
cuit court here to have Mr. Sherman's ap
pointment declared null and void. The ap
pointment complained of was made by the
supreme court on the ground that Mr.
Chanler was mentall;' Ihcom.jetent to
manage his own affairs. He waa placed In
the Bloomlngdale asylum, from which In
stitution he escaped In June, 1899. An ac
tion was then commenced In Virginia,
where Mr. Chanler claims a residence, to
determine the question of his sanity. He
was adjudged sane by the courts.
In his answer Mr. Sherman denies that
Mr. Chanler has been denied access to the
papers relating to the estate. He further
represents that Mr. Chanler was and is a
citizen of the town of Rye in this state
and not a resident of Virginia as claimed,
and that because of such residence the
federal courts are without Jurisdiction in
the matter.
Mr. Sherman also claims that the commit
ment of Mr. Chanler to the asylum 'was
regular and proper and that he was then
and Is now Insane.
BOYS IN HANDS OF POLICE
One from Omaha and Two from
Council Bluffs Charged with
Robbery.
.
8T. JOSEPH. Mo., Nov. 29. (Special Tele
gram.) John Brady, Roy Ceremer and Abo
Taylor, three small boys, the first two from
Council Bluffs and the lost from Omaha,
are held at the Central police station on
the charge of burglary and larceny.
Taylor confessed after a couple of hours'
sweating, that he robbed the residence of
Judge Joseph Rea In Savannah yesterday
afternoon and that ha secured $90 Jn cash
and some Jewelry. He says he did the
Job alone. Taylor says his father, E. A.
Taylor, la plumbing Inspector In Omaha.
The boys were traveling through' the
country In a wagon and say they were mak
ing a living trading horses and dealing In
Junk.
When they arrived here this morning
from Savannah they began apendlng money
freely and the suspicions of the police were
aroused. They had many new clothes and
considerable money when searched at tho
police headquarters. The boys say their
destination was New Orleans and that they
expected to arrive there about tho first of
the year.
BOER WAR SHOW IN COURT
Showlngr Is Made that Expenses Have
Been f 100,000 In Excess of
Receipts.
ST. LOUIS, Nov. 29. Jacob Althaus and
other stockholders In the South African
Boer War Exhibition company at the
World's fair concession, filed application in
the circuit court asking that a receiver be
appointed to take chargs of the assets
of the concern, that the sale of the com
pany's outfit made at auction to C. W.
Wall, on November 12 be declared of no
effect, and that an Injunction be Issued to
prevent Wall from taking possession of
the property. Judge Sale entered an order
directing the defendants to show cause
next Frldsy why. the application should
not bs granted. v
It is asserted by the plaintiffs that the
concern was organized with a capital of
$260,000, alleged lo have been paid up. The
receipts of ths concern. It is alleged, up to
November 23, amounted to $000,000, and the
expenses, according to the defendants, to
$700,CG0. It Is further charged that only
$S5,000 of the capital stock has been paid In.
It Is stated that the company had been
reorganised with the Intention of giving
exhibitions throughout ths country.
Ml'RDER I KUMl'IVDS COL NTT
Word Just Received of Crime Com
, snltted by Dakotoa Last Week.
ABERDEEN, 8. D. Nov. 29.-(SpecIal.)
News has Just reached this city of a sen
sational murder tbat occurred In Edmunds
county a week ago. On Saturday morning,
November 19, Freder'ck Me er and his wife
became Involved In a bitter quarrel at the
home of their son-lu-law. John B ttrrman,
about fifteen ml es aouth of Bowie, sul
Meier stabbed his wl.'e with a Jckknlle
Indicting wounds from which she died on
ths following day. Meier Is held for trial
al the December turm of circuit tcurt.
GUNS COMMAND PORT
Another Beport that Japs How Oocopj
203 Met Hill.
KOUROPATKIN MAY STRIKE QUICKIY
Beport Bay! Bnitian Force im lfa.nchn.ria it
Now Twioe tbat of Japan.
RUSSIAN TORPEDO BOAT INJURED
Destroyer Frousitckny 8topt at Brest
a Eole in Side sf Ita HolL
rith
POISON SPREAD FOR JAPANESE DOGS
Soldiers of Csar Try to Kill Trained
Animals Which Discover Their
Secret Positions Near
, Mukden.
LONDON, Nov. 30. According to y Toklo
dispatch to the Standard there Is an un-
official rumor that the .Japanese hauled
large caliber guns to the top of SOS meter
hill, from whence their fire has a sweep
of the whole harbor.
' This report doubtless goes beyond thu
facts, but various dispatches Indicate the
progress the Japanese are making In the
reduction of Port Arthur. Japanese here
explain the great Importance of 20$ meter
hill, which, besides giving command of the
harbor, will serve as a wide breach made
by the wedge the Japanese had previously
driven In between the Else group and the
Russians' last retreat In the ravines of
Laotle mountain. They declare that re
treat to Laotle will b effectively cut off
and that It Is not unlikely that Laotle will
be simultaneously attacked In the final
assault.
Bennett Burleigh wires to the Dally Tele
graph from Che Foo that In the last as
sault the Japanese lost 4,000 In one hour's
fighting. They claim to have captured two
more of the northeastern forts and a third,
which is part of the West Kekwsn fort.
They claim, Mr. Burleigh adds, to have ef
fected a lodgement at Pigeon bay, thus
turning the fort on 203 meter hill, and
that they are now tunnelling from tho
gorge below Laotle hill, which they hop
first to damage and tlion to rush. The dis
patches continue)-
Desperate ghting Is proceeding dally and
the losses are admitted to be excessive,
but the Japanese insist that Port Arthur
must fall within twenty-one days.
The morning Post's correspondent at
8hsnghai telegraphs that wireless com
munication has been re-established between
the Russian consulate at Che Foo and the
Port Arthur garrison.
Think Oyanta Is Weakened.
ST. PETERSBURG, Nov. 29. The follow.
Ing dispatch has been received front General
Kouropatkln, duted November 28:
The engagement near Tslnketchen (near
Da pass) was resumed today, but ceased at
11 a. in. We have collected and burled the
Japanese dead. By midday we had found
'i 'j. i ....ii . . , i i i ... .i a n. . l. TH
uumrs, mi ueiuiiKinK iu ,110 rvvrnifi , v..
serve reriment ot thu ,Nintn neserve Bri
gade. Wa took a large quantity of rifles,
ammunition and entrenching tools.
General SakharotT wires under today's
nl. V, 1 , , V. a nlnV.I n n Ill .
According to Information which has beta
received ut the. War office here Field Mar
shal Oyama'a strength ' Is much smaller
than heretofore believed, tending to confirm
the theory that a large force has been
withdrawn to assist In storming Port Ar
thur. This Information ls to the effect
that not much more than 160,000 men are
now confronting General Kouropatkln, but
that the Japanese lines are. heavily forti
fied in order to check any aggressive
movement which Kouropatkln might under
take long enough to enable the Japanese to
hurry up reinforcements by rail from the
peninsula. The present . activity ' of the
Japanese along the front, these reports
Indicate, la only feigning, - to convince
Kouropatkln that the offensive Is Immi
nent. Should this Important Intelligence
be absolutely confirmed, It' Is possible that
the Russian commander-in-chief may him
self attempt to strike a quick blow. Kouro
patkln is now supposed to have nearly
300,000 men.
Situation at Port Arthur.
TOKI3. Nov. 2.-The Imperial head
quarters tonight summarized the Port Ar
thur situation as follows:
With regard to the enemy's forts at
Sungehu inounta n and eastward we have
firmly captured th- enst. gii-cls and coun
ter scarps and tho!' vicinities, but the
time to chaige has not yet come. At pres
ent we are destroying trie casemates and
other caponiers.
At 20.'l-meter hill, by several charges, wa
succeeded in capturing the enemy e shel
ter trenches near ihe summit. At present
our force Is holding Its pos tlon and en
deavoring to capture the whole tort
The imperial headquarters today sum
marized the Manchurlan situation in the
fftllnwflnir utal.m.ni.,
On the evening of November 27 ths'
enemy made a dull bombardment against
Kantaokuntzu and the enemy's Infantry
from 6:30. During the attack the enemy's
mortars In the neighborhood of Welchla
lontzu bombarded Santaokuntzu, Kanchla
wotzu and their vlclnltlr-s, but did not
injure us. From sunset November 27 the
enemy's mortars and field guns west of
the railroad bombarded Incessantly the
neighborhood of Kuchlatzu. Simultaneously
the enemy's Infantry occupied a village
northwest of Nankuautzu and fired in the
direction of Slaochlzen which Is north
of Kuchlatzu. The tiring quieted down at
8:60. The same evening at 10:30 the
enemy's infantry west of ths railroad oa
the right bank of the Bhakhe river anl
northward of Sinchlnpu fired at us
.1 I. ..all.. n l . 1 .. . ,1. -A
There have been several skirmishes
between scouting parties. In other res
pects ths situation is unchanged.
Fight Lasts Four Days.
WITH THE RUSSIAN FORCES AT
SHENKING. Nov. 2f The fight ot the
Japanese with General Rennenkampf's Cos
sacks which began en November 24 ended
at I p. m. November 28. The Japanese,
who were repulsed, never approached
nearer than $00 yards. During a snow
storm at midday on ths 28th the Japanese
tried to outflank the Russian- right, but
the rifles and four guns forced them to re
tire. Ths Russian losses were small. ,
On November 27 Itusalan scouts captured
Nangentze village and held it twenty min
utes, while sappers blew up a large stone
house which had served as a fortress from
Which tho Japanese sniped Russian out
posts. Hear News of Flabtlng.
CHE FOO, Nov. 2. -Chinese and Japa
nese advices received h re today, while not
beyond question, Ind.cate Ihs praitical cer
tainty that another general asiault on
Port Arthur began November 24 ai.d Wat
continuing November 27. It la cerain that
there haa been severe fighting. The only
question la whether the assault was suffi
ciently wdespread to be cal.ed general.
The fighting is w(th the object of capturing
additional Russian trenches. The summit
forts seemingly were not attacked. The
Chinese say that one train of thirty cars
recently arilved at pert Dulny with
wounded men. No pilsuii:rw were cap
tured. As frequently indicated, the Japanese
position is most promising at Klhlun
mouutalu aud Kevkwan mountain autl ths