The Omaha Daily
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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
