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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 4, 1905)
The Omaha Daily Bee. FOR A CHARACTERISTICALLY WEST ERN NEWSPAPER READ THE BEE THE BEE IS THE PREFERRED ADVER. TISING MEDIUM IN ITS TERRITORY 1 OMAHA, WEDNESDAY MORNING, JANUARY 4. 1905 TEN PAGES. SINGLE COPY THREE CENTS. ESTABLISHED JUNE 19.. 1S71. 1 e BOTH HOUSES READY OrftaiutUa of Leg-iilature Aeeompliehed Without Any Hitch. A ROUSE CHOSEN SPEAKER OF THE HOUSE , Placed in Nomiiation ty Eii Chief Oppo nent, DtttglM of lock. EN ATE CARRIES 6UT PREVIOUS PROGRAM Lobby it in tie Back groan. o It DciTe Defei. S BELIEF IT WILL STAY I HtnL SION arty t Sentiment of Mfmbffi I Must Make Good Ree Shun These torro lag Ingaences. (From a Staff Corresponde-.t ) LINCOLN. Jan S. (Special.) - Not a hand aa rained against the agreement prepared the night before when the Twen-tv-nlnth session of Nebra'ka 'KglsUture convened at noon today. Rouse, the South Platte candidate for speaker, and Jenn hgs, the caucus nominee for present pro tem of the senate, with the remainder cf the chosen officers and employe, wore elected and Inducted Into office Just as If the Vnlon pacific-Northwestern machine or any ether faction had never sought to organise this legislature. "The people's slogsn baa triumphed, ihouted a little group of members who had determined that the legislators and not the railroads would do the work this time of organising the legislature. Mr. Douglas, w ho made i uch a strong fight for the speakership and via only de feated at the Isjit by the indiscreet mun- (agemcnt of some of his supporters. Instead of seeking to extend his Interests Into the couacils of the house, was the man who placed In nomination for speaker George L. Rouse, whom the Rouse-Perry-W '.'ron caucus of fifty-two members nnd the night before nominated, and Perry seconded the nomination. Douglas was cheered lustily by his colleagues as he took his fat after performing this graceful work. Manifestly both house and senate are well pleased with the selection of their presiding officers and the remainder of the w. corps, and the feeling and elisposltl.tn Is that thla session, which Is entirely in the hands of the republican party, slall be an example of economy and business admin istration. Difference Is Rotlcrable. Between the conditions attending the con renlng of this and the legislature of two years ago there Is a noticeable difference. Two years ago It was admitted on every band that the corporation lobby exercised a potent Influence In the organisations, and It was a fact that the lobby was more In evidence at the convening of the session. This time It Is a significant fact that a most powerful lobby the North western Vnlon Pacific met the worst defeat It could have sustained In the fight for organisation, and few If any professional lobbyists paraded themselves In either, house or senate when the two bodies came together. "Will the lobby be held at bay throughout the session and the good name of the re publican party In Nebraska be vindicated and honored?" Is the question which Is being asked with great Interest and an swered by many members strongly In the affirmative. The machinery of neither house or senate was ready for work today, the postofflces, committee rooms and other such depart ments being In disorder, but as they are not needed Just yet It made no serious differ ence. During the deliberations in the house this afternoon an embarrassing little situation arose, which, however, offered the means of considerable quiet amusement to several members. Burgess of Lancaster arose to make a motion. It was prior to the per mnnent organisation and. Windham of Cass was in the chair. Burgess had made his motion and resumed his aeat. Straining his neck in his effort to satisfy himself of the member's identity Windham finally ex claimed: "The gentleman from frontier I don't believe I quite recognise him. What la the gentleman's name?" "Burgess is the name." spoke two or three members who happened to know the man selected last year as chairman of the state republican committee. Congressional Talk Starts. With a vote for I'nlted States senator two weeks off, the congressional pot in this dis trict has begiui to boll. Tonight it was talked in the Llndell lobby that H. C. M. Burgess was to receive the support of the Bizer-Schneider-Burkett machine for con gress in return for his assistance to llur kett. Concurrent with this report came a rumor that will not down, that If Burkett is elected senator. Sixer is to be paid for his work with the appointment of internal revenue collector, a position now held by Elmer Stephenson, and Tom Hunger Is to receive a federal Judgeship. The name of W. E. Andrews hus been repeatedly men tioned tonight In connection with the sena torshlp. OI'EMSG SKaSION OF TUB HOI BUS Cascbcer of Gage Starts Something; In Liner Body, (From a Staff Correspondent.) LINCOLN, Jan. 1 (Special Telegram.) The Twenty-ninth Nebraska legislature convent d at noon today. Lieutenant Gov ernor McGilton called the senate to order at 13 o'clock and Secretary of Btale Marsh Ui house at .12 1)2. Rev. J. 11. Presson. in to senate, and Dr. Jones of St. Paul's Methodist church of Lincoln, in the house, delivered the respective invocations as soon as the .'Oils were called. Practically the enure membership was prebent in etch branch and in the house the gal leries were liberally sprinkled with spectators and the lobbies and hallways were even better tilled, but the senate gal leries mere vacant. Ou motion of Wilson of Pawnee, Wind ham of Cass was chosen speaker pro tem of the bouse and was escorted to the chair by Douglas of Rock, Cassell of Otoe and Juvenal of Boone. On motion of McClay of Lancaster, John Wall was made Um uorary chief clerk. Committees on Credentials. Warner of Lancaster, Douglas of Rock, iorn of Garfield. Howe of Nemaha and 71arke of Douglas form the h juse commit tee en credentials, aud Beghtold of Lancas ter, Saunders of Douglas and Jackson of Gage the senate committee. The formality of declaring the members duly seated was dona un report of the committees. Wilson of Pawnee, Jac kson of Antelope and Gerdee of Ricbardsuti were appointed by the speaker pro tern to wait on Chief Justice liolcumb and Associate (Cviitlnued on Third Page.) IOWA LOSES TWO CASES Action Grenlsi Out of Prohibitory Uw Decided In Fiver of Plaintiffs. WASHINGTON. Jan. i. The supreme court of the I'nlted stat-s today reversed Ihf. r1r!fnn of ttip sur.re-ne court of Iowa in two cappn involving me coosnu w",, the liwa prohibitory l.quor law. the opin ion in earn case leir.g handed d"n by Justice White. In the first case, that of the American Kxpress Company against th state of Iowa, the state authorities se;xd certain packages of liquor sent C. O. D. from Rock Island 111 , to Tama. la., and their destruction was ordered. The uj reme court of Iowa sustained this pro ceeding, but the Judgment was today re versed on the ground that It Is In con travtntiun of the interstate commerce clause of the fed-rul constitution. Jurtlce White added that If such a practice was carried to its legitimate conclusion and the various Ftatcs given authority to con trol C. O. D. shipments of merchandise from one state to another much, of the Interstate business of the country would be placed at the mercy of the states. He also said that the position taken by the lower court that the question of interstate commerce Is not Involved In the case Is not legible. That, the court held, was the principal point Involved. The other case was that of the Adams Kxpress company against the State of Iowa and Involved the same question as the American company's case except that. In the Adams company case the proceeding was decided against the company on the charge of maintaining a house for the sale of liquor. In this as in the first case the state court was reversed on the ground that the Judgment is an Interference with trade between the states. In an opinion by Justice McKenna the supreme court of the United States today decided the case of John J. Moore & Co. of San Francisco against the I'nlted States adversely to Moore. The case Involved a claim for demurrage on account of delay in delivering coal to the order of the gov ernment In San Francisco and the court held that the, government was not liable, thus affirming the Judgment of the court oV claims. The lower court was, however, reversed on another point In the case, In volving the quantity of coal. In affirming the decision of the supreme court of the state of Montana In the case of the Butte City Work company against Hi n Baker the supreme court of the United States today held that it is competent for the different states to enact laws prescrib ing regulations regarding the location of mining claims when they do not conflict with the federal laws on the subject. The opinion was by Justice Brewer, who said: "If congress has power to delegate to a body of miner the making of additional regulations respecting location it cannot be doubled that it has equal power to delegate similar authority to a state legislature." MORE SEXSATIOMS AIIK COMIXi Fresh Indictments Bring Prepared In Oreaon I, nnd Frnnd Cnscs. WASHINGTON, Jan. 3. More sensa tional developments regarding the public land frauds In the far west are expected shortly. Fresh Indictments are being pre pared In Portland, Ore., where the grant) Jury will resume its sessions during this week, and persons prominent In public life other than those whose names already have been implicated are involved. The mission of Oliver E. Pagln, assistant attor ney in the Department of Justice, who left here several days ago for Portland, is to assist in the framing of new indictments, a work in which ,he figured conspicuously during the postal Investigation a couple of years ago. Mr. Pagln is expected to return here in time to take part in the progress of the government's position between the supreme court of the I'nlted States in the Hyde-Benson case, which the government appealed to that body after the discharge of the leading defendants on habeas corpus proceedings brought in New York. This case probably will be heard next month. No successor to United States Dis trict Attorney Hall, who was recently re moved, has yet been select" I and It is ex pected that Francis J. H.u..y will remain In charge of the government's Interests In the pending proceedings at Portland. An investigation of all alleged frauds In Idaho has been brought about by affidavits i addressed to President Roosevelt by Fred Culver tif Lewiston, Idaho, candidate for attorney general of his state on the demo cratic ticket two years ago. The affidavits charged frauds against W. F. Kettenbach, president of a trust company: George H. Kester, cashier of a bank, and Clarence Robnett, all of Lewiston. The charges are made In connection with the entry of over ll.OOO.OoO worth of white pine through J. B. West, reg'ter of the land office at Lewis ton. Mr. Culver sent the affidavits to Senator Dubois, who, without comment, transmitted them to the president. Secretary' Hitchcock, to whom the affi davits were referred by the president, In stituted the investigation. Information sent to the Interior department charges that frauds have been perpetrated on the land office at Rolse as well as Lewiton. and It Is Intimated that the Inquiry, when fairly started, will reach out In many di rections and many prominent citizens of Idaho may become entangled. In connection with the Idaho affidavits it is alleged that a syndicate exists, formed to acquire valuable timber lands from the government. Other affidavits than those mentioned are expected shortly In the Idaho cases Within the last three weeks over 1.500 patents on timber and homestead lands in the Roseburg. Ore., land office, covering about SSO.ono acres of land, have been held up at the Interior department, pending In vestigation. Rose burg Is the home of Rep resentative Herrmann, who was recently Indicted by the grand Jury In connection with alleged land frauds. An Inspector of the Interior department has been ordered to Idaho to investigate the charges made by the affidavit as to frauds In Idaho and he is believed to have already begun his labors. No Information on the subject could be obtained at the Interior department and Secretary Hitch cock will not discuss It. The papers In the ce have been forwarded to the Inspector. It is said he will keep Secretary Hitchcock informed. RECEIVER FOR BIG PLANT Windsor Cotton Company el north Adams, Mass., I nable to Meet Its Obligations. NEW YORK, Jan. J-Robert C. Morris was today appointed receiver for the Windsor company, dealers in cotton goods, which, according to the petition, owns a plant worth tt.NO.OOO at North Adams, Mass. A petition asking that the company be declared an Involuntary bankrupt was flle-J against the company last Saturday. Receiver Morris" bond waa fixed at D00. 0t and lth the consent of the creditors the receiver was given twenty days In hlch to apply for leave to continue the business. The petition states that the al leged bankrupt at present has an equity of about IJuu.uuO In the North Adams plan,!. WATER BOARD UNDER FIRE Quo Warranto Proceedings Begin Before the 8 a pre me Court. HOWELL-GILBERT LAW SAID TO BE BAD literacy General Sets Forth Several Reasons for Declaring; the Law In constitutional anal Asks that Board Be Ousted. (From a Staff Correspondent ) LINCOLN. Jan. S (Special.) Tills after noon Attorney General lYout began in the supreme court of Nebraska the prom ised attack on the constitutionality of the law creating the Omaha Board of Water Commissioners, and providing for the com pulsory pui chase of the plant of the Omaha Water company, under appraisement. Attorney General Prout has filed an In formation in quo warranto asking that the respondents, Robert B. Howell, A. Hugh Hippie, James E. Boyd. Isaac E. Congdon, John F. Coad and Milton T. Barlow, be ousted from the office they pretend to hold and commanded to cease the exercise of the functions of such office. The informa tion is biief, but direct in its nature. It recites the passage t.f the Howell-Ollbert LIU, known as chapter xii of the Session Laws of Nebraska for 13. and the action of the governor thereunder in appointing members of a Water board for Omaha, four of which board are named as respondents, and the election of two to take the place of those whose terms expired by operation of the statute, and that the respondents ure now "assuming and pretending to per form the duties of such Water board, and have been receiving and are claiming the salary provided by said act as compensa tion for their services as members of such board." First of the Objections. The first objection raised to the validity of the act and the board created tinder It is that the city of Omaha does not own and is nut operating a water plant of its own, "and bad not theretofore nor there after voted bonds for the construction or purchase of a municipal water plant," but Is engaged In an attempt to acquire by appraisement the plant of the Omaha Water company, the result of which at tempt is still unknown and will be for a considerable time in the future. The issue of I3.000.0i0 cf bonds voted in 1900 "for the appropriation or purchase of water works" Is referred to and a copy of ordinance No. 4191. under which the bonds were voted, Is attached to the information as exhibit 1. The appointment by the governor and the subsequent election Is held to be erroneous and illegal because the bonds voted under ordinance were for the appropriation of the water plant under the exercise of the right of eminent domain authorized by the act creating cities of the metro politan class, and the purchase of the plant then existing within the limit of the ap propriation of the H.OV.000. This issue of bonds did not contemplate or authorize the Issue of bonds for "construction or purchase" of a municipal water plant, nor contemplate Its acquirement by "construc tion or purchase" to the exclusion of the right of the city to proceed by the exercise of the right of eminent domain. -Violates Sclf-Government. For a further objection to the law and the board existing under it the attorney general sets out that the act is unconsti tutional for "the reason that It Is in viola tion of the right of said city of Omaha to local self-government, and by Its express terms forces upon said city the compulsory construction or purchase of a system of water works without regard to the wishes or desires of the taxpayers of said city, and by its express terms makes it the mandatory and compulsory duty of the mayor and council of said city without regard to their own Judgment as to the needs, necessities or financial condition of said city to declare by ordinance within thirty days after said act should take ef fect that It was necessary and expedient for said city to construct or purchase a system of water works." Conclusion of Information. The act is also said to be unconstitu tional because It Is within the inhibition against special legislation. The Informa tion closes with the following paragraph That notwithstanding said act of the leg islature, purporting to provide for the ac quisition of a municipal water plant and the creation of the Water board in cities of the metropolitan class was unconstitu tional and void as hereinbefore set forth, and notwithstanding the fact that the said city of Omaha at no time owned or operated a municipal water plant or had ever voted bonds for the "construction or purchase'' of a municipal water plant-und notwithstanding that said act of the leg islature Is In utter disregard of the prin ciple of home rule and is in utter violation of the rights of local self-government; and notwithstanding said act is an Invasion of the rights of the taxpayers of ths city of Omaha, and is In effect an act for the compulsory purchase of the water works plant for raid city without regard to the wishes or desires of the taxpayers of said city; and notwithstanding the fact that the carrying Into effect of said act and the compliance with its mandatory provisions is taxation without representation and is the creation by an edict of the legislature of the enormous liability of the taxpayers of the city cf Omaha; and notwithstanding there are no duties to be performed by the said members of said Water board until the acquisition of the water works plant, except to me-et at stated times, adjourn and draw their salaries; and notwithstand ing salaries to the members of said Water board have already been paid to the extent of many thousands of dollars from the funds paid as taxes by the taxpayers of said city, the said members of said board, the resondents herein, continue wrong fully and unlawfully to usurp and exercise said pretended offices of members of the Water- board of the said city of Omaha, and continue to draw and receive the compensation of JG"0 per annum provided by said act. to the great damage and prej udice of the said city of Omaha and the taxpayers of said city, and also against the peace of the state. The said attorney general therefore pravs judgment that the said respondents and each of them be ousted from said pre tended offices and that the appointment and election of said respondents and of each of them be declared void and without author ity of law, and for such other and further relief herein as may be right and proper In ths premises. No time has yet been fixed for the hear ing of the case. Toledo Officers Indicted. TOLEDO, O.. Jan 1 John Stollberg. Mil ton Taylor and John Nolen. members of the Toledo board of public service and prominent citizens, have been indicted by a special grand Jury on three counts each, charging them with being interested in selling supplies to ths city. In Ohio this is a penitentiary offense. Subscribers to other papers Monday, to find out if Port Arthur I wonder why? CHARGES ARE NOT WITHDRAWN Report that Dr. Irvine's Cnnnael Had Gone to St. Loals to ee Bishop Tattle Proves Erroneoas. v PHILADELPHIA, Jan 1-The report circulated last night that J. Frederick Jenklnson, one cf the counsel for Rev. Dr. I. N. W. Irvine, in his case against Bishop Etheibert Talbot, had gone to St. Louis for the purpose of withdrawing the pre sentment and asking permission of Bishop Tuttle to make a new presentment, proves to have been erroneoua. Mr Jenklnson was at his office today and says he Fpe-nt the night in his home in West Philadelphia. He declined to give any Information regarding the presenters today other than to say that Herbert Noble, senior counsel, was out of the city and most of the others directly interested in the case couid not be found. One of the presenters, however, who asked that his name be withheld, stated that It was not the intention to withdraw the document filed against Bishop Talbot, but that ad ditional charges would be tiled against Bishop Talbot. Mr. Nobles has given up his hotel ppartments snd his present quar ters are unknown. Mr. W. B. Bodine. chairman of the board of inquiry, appointed by Bishop Tuttle, was not at home and it could not be learned whether he has received the statement from the vestrymen of Huntington, Pa., with drawing their signatures from the presentment. ESCAPING PRISONERS DROWN Fonr Men leap from t pper Window of Gnard Hons nt Fort llamll. ton Into Icy Water. NEW TORK, Jan. l.-Durlng an evidently designed stampede of the officers" horses at Fort Hamilton early today, four prisemers escaped from the guardhouse at the post. One of them wa recaptured, but the other three are believed to have perished in the Icy water of the harbor. The recaptured prisoner Is Paul Berg, who was taken in custody tonight in Manhattan by a detail sent out from the fort. Judging from Berg's story, the escaped prisoners received assistance from the out side. There were about a dosen men con fined In the guardhouse. The four. Includ ing Berg, were locked In a room near the water's edge. While the guards were aid ing other soldiers to corral the frightened horses, the four men forced the bars of the window of their cell with an iron bar, dropped to the ground twenty-five feet be low, and plunged Into the harbor. Berg suc ceeded In reaching a pier nearby. He pro- ! fessed to believe his fellow prisoners were drowned. He will not explain where he got the civilian clothes he was wearing when arrested. CAPTAIN MULLIKEN ON TRIAL Array Officer Acrnsed of Falsifying His Record and Dnpllcntlna; His Pay RoU. CHICAGO. Jan. S. Trial by court-martial of Captain David B. Muytl'enj Company B, Twenty-seventh Infantfy,' began at Fort Sheridan today. Captain Mulliken Is charged with having certified on army records that he was single, though hel had murried a native woman when his regiment was serving in the Philippines, and he is further charged with duplicating his payroll in two In stances. At the request of the defendant's counsel the hearing will be secret. Only the de fendant, the jury, the officials of the court martial and the military and civil counsel of the accused will be present during the trial, which will probably continue the remainder of the week. BAIL FOR NAN PATTERSON Show Girl Will Be Produced In !ew York Supreme Court Todny on Hnbeas Corpus Writ. NEW TORK, Jan. 3 A determined c'f 'ort to reccrre the release from the Tombs rlfion on bail of Nan Patterson, accused ol i he murder of Caesar Young, was begun to. day. Following an announcement by Abran Levy that such a step was to be taken, a representative of the law firm which acted for Miss Patterson in her recent trial ap peared in the supreme court before Judge Grecnbaura and succeeded in getting a writ of habeaa corpus ordering Warden Flynn of the Tombs to produce Mlas Patterson In the court tomorrow. At that time the Jus tice will be asked to fix a reasonable bond for the prisoner's relea-se. District Attorney Jerome has announced that the motion for bail will be opposed. SAN FRANCISCO TO BUTTE Company with Fifty Millions Incor porated to Ballet Railway Con necting These Cities. BOISE. Ida.. Jan. J. The San Francisco, Idaho & Montana Railmay company, which proposes to construct a road from San Francisco to Butte, has been formed with headquarters in Boise. Prominent financial men of Minneapolis, oflVlali of the West ern Surety Adjustment company and John A. McGlnty, who has been engaged in preliminary work for the proposed road, are the incorporators. The company Is I organized with a capital stock of $j(i,(Ku,Ooo. The estimated length of the road is l,!jo miles. THEODORE THOMAS IS WORSE Veteran Mnslcnl Conductor Has It e lapse and Is Expected to Live Bat Few Honrs. CHICAGO, Jsn. S. Theodore Thomas, conductor of the Chicago orchestra, suf fered a relapse today and at midnight his life was hanging by a thread. Attending physicians stated that Mr. Thomas had very little chance, as the crisis in the dis ease will be reached some time during the night. Mr. Thomas Is so weak that it is the opinion of his physicians that he will not live manv hours. TROOPS GLAD TO SURRENDER Banian Soldier at Fort Arthmr Were letdy U Quit righting. LAST DAYS' BOMBARDMENT TERRIFIC Little Hitch Between Contending Generals When Arrangements for Final surrender of Place Were Being Considered. CHE FOO. Jan. .-(li:30 p. m ) Che Foo, with Its many refugees and ch.se connec tion with Port Arthur, viewed the final de velopments there first with anguisa plainly visible, but this has now given away to a feeling of relief from the anxiety over the garrison emerging from torture, great in def.at and worthy of the greatest honor peihsible which their admiring countrymen can bestow. The first news of the garri son's swful plight oaddened the thought, for the refugees had many friends and rela tives at Port Arthur, but. the shoc k wearing off has left only satisfaction with the sol diers who so heroically upheld Russian tra ditions. Tears greeted the destroyers yes1erda ; today three launches were received with smiles. Even when the Japanese cruiser Akitdushima came triumphantly into the harbor this morning and exchanged salutes with the American cruiser Baltimore the Rudans betrayed no resentment. They paid scant attention to tne seven Japanese torpedo boa destroyers, which the lifting fog disclosed, but gazed with admiring eyes while their sailors renewed their acquaint ance with good meat, potatoes and dearly loved champagne. One Russian officer, who had not walked on land for four months. sid that being here was like coming from a devll-rldjen tomb into paradise. Soldiers Glad to Surrender. Midshipman KHsorlch, commanding a launch which left Port Arthur last night, said today: No shot has been fired at Port Arthur for two days. That which Chinese heard last night was the Russians blowing up forts, sihips. magazines, warehouses, docks and everything valuable. When I left Port Ar thur the fortress and town was almost completely wrecked. The warshls died hard. Several explosions were nee essary to complete the wrecking- of them. TLf- Sevas topol caught fire and exploded a. turned turtle. The harbor entrance Is blocked with sunken ships. The only navigable craft now at Port Arthur are the hospital ships Kassan and Mongolia. You need expert no more ships from Port Arthur, as these are unable to leave on ac count of the blocking of the harbor. Colonel Relss reprt-se'nte-d Ueneral Stoest sel in the negotiations fr surrender. A table was spread with wine and food at the Eagle's Nest and the envoys treated each other with great courtesv. which qulcklv melted into Informal good fellowship. Each complimented the other on the bravery of their forces. The statement that there remained B.f fighting men at Port Arthur Is misleading because of a majority of these half are sir k or slightly wounded. There has been for some time no proper bandage, and wounds have been dressed with hemp. The news that General Storssel was prepared to treat for surrender was received by the soldiers with the feeling of utmost relief. For the last month revere wounds hnve been gladlv received by the roldlers. because they were allowed to rest When the men were not fighting they were tunneling on half rations. Last Bombardment TerrMe. The bombardment cf the last day or so was . terrific. Everybody remarked that even General Stoesel must see the futllitv rrf further resistance when our guns are unable to reply. We might have surrendered a month ago with the highest honor. That resistance has continued effectively since is senrcely less than a miracle. It is a mere handful of broken men who surrender and a debru-strewn desert which the -;enese gain. Not one of Port Arthr's mae.n'icent public works remain. The feeling created when General Stoeesel look the unwelcome step was generally one of relief. The soldiers for whom one month's serv ice hs counted as one year are rejoicing ths K " "'il "oon see h'ir faml'le. Two more torpedo beat destroyers haying left, oii'i one Japanese destroyer now re mains In port. The news that General Stoeesel accepted General Nogi's terms yesterday afternoon has surprised the Russian officers here, who had not heard the report to that effect when leaving Port Arthur last night. Russian Losses 27,MM. Some Interesting statistics concerning the defense of Port Arthur were brought here by the flotilla of Russian torpedo boat de stroyers, wtilch carried numerous chests, containing complete records of General Slceseel s army. Originally the army numbered SS.oao. Eleven thousand have been killed, 1C.000 ars wounded or sick and S.OliO remained in the forts, of whom, however, 2.000 were unable to tight. It is learned that when General EtoesseJ wrote to General Nogi regarding the surrender of the fortress he said; I have 8.000 men In the forts and 6.IVI0 of these are ab to fight. If you do not ac cept mv proposal the&e men will die fight ing, but it will cost you three times their number to kill them. During the siege y& per cent of the garri son were put out of action. This remark able fact was due to wounded men return ing to the front. Cases have been recorded where men have gone to hospitals four times, returning convalescent to the forts. The number of officers killed was propor tionately greater than in any battle known In history. This was due to the frequent lethargic condition of the men, who, with out food, water and sleep, moved only when ordered by their officera. The Russians estimate that the taking of the fortress has cost Japan tlOu.000,000. Knssln to Retake Port Arthur. PARIS. Jan. S According to the semi official advices received by the Foreign office regarding the terms for the capitula tion of Port Arthur, signed last night, the Russian officers, but not ths rank and file, will be permitted to return to Russia, but this is not positive. The Russian officials strongly Incline to the view that the war will go on without reference to Port Arthur. The Russian naval attache says the mission of the Rus sian second Pacific squadron was to save Port Arthur. Therefore, since this mis sion csnnot be accomplished, the squadron will probably wait until reinforced by a third and probably a fourth squadron. He believes Russia will retake Port Arthur by assaults by land and sea. This will re quire time for adequate naval and military concentration, thus prolonging the war one or two years. The attache adds that me- (Continued on Second Page.) bought The Bee had really fallen. NEBRASKA WEATHER FORECAST Fair Wedaesdny nnd Warmer In West rnrtlon. Thursday Colder In W est Portion. Temperature at Omnhn Yesterday! ivea-. JIT no :w no lf! a" ST mi lea TCWBOAT BOILER EXPLODES Wreck of Steamer Defender Takes Flrr and All the Crew Is Killed or Injured. HT'NTINGTON, W. Va . Jan. S One of the most horrible disasters on the Ohio r.ver in years occurred almost opposite this city at 11 o'clock tonight. The two big tow beats. IH fender and Victor, on ned by the Pittsburg Tow Boat company, were returning to Pittsburg from Cincinnati, where they had Just delivered large fleets of coal. The Defender's boilers blew up Just above the oe-al wharf here and the report whs herd for miles. In a very few minutes the b'.g st'mier was a tnas of flames, the fire even spreading to the twenty barges In tow. The report awakened the inhabitants cf the city and soon every available craft was enroute to the scene to aid in rescue. The number of dead at this hour Is not known, but out of a crew of about twenty eight only ten or twelve have been ac counted for, and they are all seriously in jured. The boat was in charge of Captain James Woodruff of littsl urg. He was. hurled inte the river by the explosion, but was later picked up by a rescuing party and taken to the Ohio shore. His injuries will prove fatal. The only dead body yet recovered and Identified is that of Thomas Duffy of Pittsburg, a fireman. Another dead body Is that of a fireman from Corryopolls, Pa., name unknown. COLD WAVEJN THE EAST Rain, Snow and Sleet Reported at Jvew York, Boston and Baltimore. NEW TORK, Jan. 1-Raln. sleet and snow followed each other In rapid succes sion in New York City today, and tonight a gale howled through the streets and blew the snow in icy flakes against the faces of pedestrians and on to the surface car lines, blocking them in various parts of the city. BOSTON, Jan. S. Rain, snow and sleet, blown by a high northeast gale, swept the entire section from East port. Me., to New j York today, and at 8 o'clock the cold wave from the lakes was beginning to make it i self felt. The wind at 8 o'clock had a j velocity of sixty miles an hour off Block ! Island. There was little shipping today on account of the storm. I BALTIMORE. Jan. J The temperature j dropped from 31 here at 8 a. m. to a de- artiea tt I p. m., aut.i northwest wind of a ! velocity of twenty-three miles, accompanied I by flurries of snow, prevailed. The total 1 precipitation for the twelve hours was slx ! tenths of an Inch. At Cumberland, Hagers lown, Frederick and other Maryland towns from ten to fifteen Inches of snow fell, j Similar conditions prevailed in eastern West Virginia and the Shenandoah valley. MORMON CHURCH WILL MOVE Headquarters to Be Transferred to Independence, Mo., Where a Great Temple Will Be Bnilt. EL PASO, Tex., Jan. S. "The headquar ters of the Mormon church will some day be located in Independence, Mo.," said John Henry' Smith, one of the twelve apostles of the Mormon church, today. "The Mormon people have long cherished the dream," he continued, "that their great city should be located In Independ ence, which is not far from Kansas City. This dream seems now about to become something tangible. James G. Duffln, a bishop of our church, hus bought several thousand acres of land near Independence for use of Mormon colonists. This will be our vanguard, and in the course of time we will erect there a magnificent city, which will be known as Zlon and In which there will be a Mormon temple far more extensive and more magnifle-ent than that In 6a!t Lake City. When this city and temple shall have been built the head quarters of the Mormon church will be moved from Salt Lake City." IMPORTS AT NEW YORK Merchandise Appraised at the Port Shows Sllarht Falling Off for 11Kt. NEW TORK. Jan. 3. The total appraised value of merchandise appraised at this j ort during l&H was r5:!.930!4 40. as against 5a.225.n5 7 for 10 and 52t.s71.0 15 for W2. Among the items In which there was a marked increase was that of automobiles. There were 6C such machines, of all de scrlptieins, imported, their total appraised value being $2,2'i8.4!;. In l!i3 325 automo biles were imported, the total value being about 1.300,0(10. There was a notablo in crease in the Importation of cigars. In ISO! the appraised value of cigars Imj otte-d was 1.BM.7, In 193 it was KMA.iM and for liM it was $2. 881,977.47. The Imports of precious stones and t earls In round numbers was about 24,j73,iiu, a decrease of about $1.5'XI.(hjo. Of wines and liquors the appraised value was I10,27,70, as against 110,627.122 15 for 13 0. MRS. PATRICK CAMPBELL HURT Actress Fractures Her Kaeecnp and Will Be I nable to W alk for Two Months. PHILADELPHIA. Jan. 3 -Mrs Patrick Campbell, tho English actress, fractured a kneecap tonight, the result of a fall while entering u carriage to go to the Broud Street theater. She was removed to the 1'nlverslty of Pennsylvania hospital and it will be two months, the doctors say, before she will be able to walk. The remainder of her American tour will be abandoned. Movements of Orrnn Vessels Jan. 8. At New York Arrived: Ivernla. from IJveryool. Sailed: Kuiser WHIielm der Grosse, for Bremen: punonla, for Naples; Cedric, for Liverpool. At Gl.isrow Arrived: Mongolian, from New Yora. At Southampton The reported sailing on December 31 of the Marquette fur New York u an error. At Lisbon bailed; Arion, for British Columbia. At Han burg Sailed : Rameses. for Seat tle. Arrived. Kroonland. from New Voile. At Boulogne Sailed: Uluecher, f.jr New Voik At IJverpool Sailed: BaxoMa. for Boston. At Moville Arrived: biLlllan, from Si. John, N. H. Hour. Den. Hour. (V a. m 15 1 P. a. m IH X p. T a. m 17 Hp. n. m 1 4 p. a. m 1st ftp. 10 n. m 1 M p. 1 1 n. m -2 7 p. 12 an lt.1 p. p. TERMS OF COMPACT rnll Tut f CoiTenticn Proridlng for Eirrsiier of Port Arthur. OFFICERS WILL BE RELEASED ON PAROLE Bolditn f the Garrison Will Smaii Prisoner! af War. GOVERNMENT PR8PERTY TO BE GIVEN UP Af iment that Ko Stern, Eippliei r Chipi Are to Be Deitrejed. SANITARY CORPS TO CARE FOR WOUNDED urars and Accountants f the Rus sian Army to Continue In Service of Jnpanese as I ons: as They Are deeded. The people of St. Petersburg have re ceived with composure the news, known to the rest of the world a day earlier, of the fate of Port Arthur. The event had been anticipated and under official direction the minds of the populace were prepared to receive with re-signatlon the fact of the announcement by reapi'ti of the publication of the dlsiKitc he s forwarded last week by Gene ral Sloe ssei describing the straits to which the g.irrlson had been reduced. The xpe-ctatlun In sunie quarters that the sur render of the fortrecs would be followed at the capital by anti-war demonstrations has not been realised. Bo far as there has been any e xpression of feeling It has been for.carrying en the war with greater vigor. At Toki lust night the fall of Port Arthur was celebrated by a lantern parade and a general illumination. The. Japanese diet will 'formally express the thanks of the natloni to General Nogi for his conduct of the siege. Among the Russian officials there is a feeling that any proposals of peace that may be made must be made with the fact in view that in order that pence to be lusting Jitpan must recoarnlxe Russia s right to free transit of lis ships through waters of the far east. High Japanese officials declare that there Is no probability of advances coming from their government looking toward pence negotiations. In of ficial quarters in St. Petersburg It is said that no tender of good offie-es from a third party would be accepted and that any pro posal for peace must come from Japan direct. The text of the articles of capitulation of the Port Arthur garrison, signed by the commissioners representing General Stoes sel und General Nogi, has been made pub He. All Russian soldiers, niartnea and civil oltlcers of the garrison and harbor are made prisoners; all forts, batteries, vessels, munitions, etc., are transferred to ths Japanese in the condition In which they existe d at noon, January 3, violation of this clause to operate aa an annulment of the negotiations, giving the Japanese army warrant to take fre-e action; the Russian military and naval authorities are to fur nish to the Japanese army an exhibit of all fortlticatlons. underground and submarine mines, a list of the military officers, of ships and the numlien of then- crewa and or civilians of both sexes, with their race and occupations, and all public property, as buildings, munitions of war, etc., to be left iu the present position pending arrange ment for their transference. Officers of the army and navy are per mitted to retain their swords and such of their personal property as is directly nec essary for the maintenance of life, and with one servant each may, upon signing parole not to take up arms during the continuance of the war. return to Russia. Noncommissioned officers and privates will be held aa prisoners. For the benefit of the sick and wounded Russians the sani tary corps and the accountants belonging to the Russian army and navy will be re quired to serve under the Japanese sanitary corps, and accountants for such period of time as may be deemed necessary. Terms of Surrender. TOKIO, Jan. S. Evening A telegram from General Nogi, giving the text of the capitulation convention, was received this uf te rnoon. It ib as follows: Article 1 A.I Russian soldiers, marines, volunteers, also government otticials at the gurnson una nuroor ol Purl Aitbur, are la Hen pi isoners. An. j All loiis, batteries, warships, other ships and ooals, arms, ammunition, nurses, bi, mateiiais lor hostile use, government UuiiciiiiK and ail ooje els Ijeionmg to tne Kuxsiaii go eriunerii snail be u unsierred to the Japanese army in their existing condi tion. Art. U On the preceding two conditions being ussented to, as a guarantee lor ths f uiiuinieiil thereof, the men gairibomng the form and the Latteries on Use mountain, bunshu mountain. Anise mountain and the line of eminences southeast theielrom shall be removed by noon of January und the hame sha.l be transferred to tne Japanese ai my. Art. 4 Should Russian military or naval men be deemed to have ue-iroyed objects named in article- 2, or to have caused site-ration in any way In their condition, at the time of the signing of ihis compact, the liegeitiations shu I her annulled and the Japanese army iil take I re-e uctlon. Art. 5 The Russian military and naval auilioiilies shall prepare and transfer to the Japanese army a table showing the fortifications e,f Port Arthur and their re-upei-tlve peisitloris, and maps showing the locution of mines, underground and sub marine, and all other dangerous objects; ulo u table showing the torn posit Ion and system of the arm) and naval services at Port Arthur; a list of arrny Hiid navv offi cers, with names rank and duties of said ofllcers: a list of army steamers, warshlpa und other ships, with the numbers of their respective crews; u list of civilians, show ing the number of men und women, their race and occupations. Article. 6 Arms, including those carried on the person: ammunition. ar materials geivernnient buildings, c.lijecis owned by the government. hoiee, warships and either shirs. Including their contents, excepting private property, shall be left In their pres. ent positions, and the commissioners of the Russian and Japanese armies thall decide upon the method of their transference. Officers to Be Paroled. Artic le 7 The Japane se army, considering the gal. ant re-lMaiu e offered by the Kos nan army us neing honorable, win peiimi the ottiicia of the Russian army and navy us well aa oftlciais brie.rigiiig the-rrtu, to carry swords un I to takt wuh them pri vate proptriy uirectiy necessary Jor the maintenance of nle. flic- previously mu lioned officers, ofh' idls and voluntrers wbt will s gu a written puiole pledging tnat they will not take up arms unci m nowise take anion iciuut) to ths imeiesta of ths Japanese urmy until ihe close of the war, will rtxelve tne consent of the Japanese army to return to their country ilacn arniy and navy officer will be allowed una servant, and such servant will be specially released on signing ihe parole. Article I Noii-c ohimisaieined officers snd privates of both army and navy and volun teers shall wear tnelr uiiitorms, and, taking portable linui and necessary privale'prop erty, and cuiniuund'-d hy llieir respective officers, shall asr.cml.le- at such places at may be Indicated by lh Japanese army. The Japanese commissioners will indicate the nec. ssary details the refor. Article K The sanitary corps and the acc ountants l,e loniiig to the Russian army and navy shall be retained by the Japanese wtale their services sie dermd tie. cssary for the curing for the sick and wi.unuiil prlseuiers. liurliifc such tune s.ieii corps snail be required to ivnj. r service itaU r the dlrnctloh of the s.ihitury (cops ahj accountants of the Japara sv army. Article 10 The treatment to he accord! ta the resldvi.is, ths transfer ol buuas J 1