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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 10, 1905)
Carpenter's Panama Letters, Next Sunday's Bee. The Omaha Daily Bee. Pranks of Next Sunday's Bee ESTABLISHED JUNE 19, 1871. OMAIIA, FRIDAY MOUSING, MAKCII 10, 1905 TEN PAGES. SINGLE COPV THREE CENTS. ARMY SLAV IS GUT OFF Export from New Chwang 8a7 Kouro patkin Must Surrender in a Week. NOGI'S DIVISION MAKES FORCED MARCH Veterani from fort Arthn Surround Eighty Thousand Muacent-. ISLANDERS CUT ROAD NORTH C UKDEN Buisiam Now Paoe Enemy on Tho Bides of the Town. LITTLE NEWS REACHES ST. PETERSBURG ViiroTilc Capital la Pre pared for the Wont, bat Still Hopes that Armr May Escape AnntbllattoB. BIULET1. NEW CHWANG. March .-Via Tien Tsln.) It la reported here that Tie Pas haa been Invented by the Japanese and that General Kouropatkln, bavins no alternative, will probable be forced to surrender within a week. v The Russians have not been reinforced from the direction of Harbin since March 1. General Nogl's army mado a forced mnrch of twenty-five miles daily and acting lr conjunction with General Oku's army sur rounded SO, 000 Russians In the direction Of Tie Pass and cut off their supplies. The) hurrying Japanese armies passed a division of Russians without giving It any attention until the enveloping movement was completed when tbey crushlngly at tacked the Russians on all aides. BULLETIN. TOKIO. March . (4 p. m.)-The Japa nese have cut the railway north of Mukden. Japs Reach Haa Itlver. MUKDEN, March . Noon. The Japa nese army bombarded the bridge at Fu pass on the Hun river twelve miles east of Mukden. Russian artillery replied vig orously. The cannonade lasted an hour. At present the Japanese are making roost energetic attacks south of the Hun river. It is rumored that they have transfeired thlthor some of their forces from the north w In anticipation of a night attack. Russian forces In the district of I-. ...die, north of the Mukden station, re. - under arms throughout tho night. Bhoi tiy before dawn large Japanese farce approached the Zarultser regiment. This reBlmoaUnlUwea. ihe-Japsncse to approach within 300 pace and then discharged a vol ley from their rifles and opened on them with quick-fire guns, simply mowing down the Japanese, who were repulsed. Among the prisoners brought In on Wednesday were a number of privates In new uniforms, who were from a ,recently organized Japanese reserve division. There is reason to believe that another division lii .'being landed In the northern part of tinea for the purpose of making a demon- . ration against Vladivostok. On Wednes day tnero were furious attacks northwest of Mukden against the villages of Santaltse, Yungshlhtung and Unshuntun. These at tacks were all repulsed. Question of Endurance. 1 a. m. Midnight closed the tenth luy or me .iiiihu struggle iur me possession of Mukden and the mastery of a vast em pire, ths tenth day of unceasing conflict under exploding shrapnel, the roar of can non and the whistling of bullets; the tenth day without sleep and without food. The oombat la fast reaching a point where It la a question not so much of turning col j twill, of tactics and of strategy a of "wbon strength, energy and cartridges will last tna longer. Gray-coated Russians, patient, uncom plaining, strong of soul, clung doggedly to positions against an enemy whose attacks go to the very point of insanity and des peration. For forty-eight hours the Japa nese hare not eaten. They are starving and exhausted, but Field Marshal Oyama himself has told them that the city will fall said the slaughter stop on Friday and their onufldenoe In their leader Increased their Strength tenfold. Today the Japanese are pushing their columns north and northeast, bombarding Villages which are keys of the defense and . burling men, some of them veterans of the year's campaign, and others middle aged reserves freer! from Japan, against Russian positions. Often they are repulsed and sometimes they muster the advanced line, but at enormous cost. Japanese Celebrate Victory. TOKIO, March I. Although the actual extent of the success gained by Field Mar shal Oyama a array la unknown, Toklo Is already celebratinr the victory. Flags are going up all over the city and crowds are on the streets, eagerly buying ' the extra editions of the local papers unl congratu lations are pouring Into the office of the minister of war and to the army stuff headquarter. It is rumored that General Kouropatkln's retreat has been partly cut off, insuring heavy loss of supplies und the capture of many prlsonors, but this it Is impossible to confirm. ... An official announcement of the result of Field Marshal Oyama's pursuit of the Russians Is expected here later In the day, Field Marshal Oyama, in an order direct ing the pursuit of the retreating Russians yesterday, prohibited his' troops from en tering Mukden In masses. In order to pre serve tha respect of the tombs and sacred places of the Imperial Chinese household and to protect the welfare of the Inhab Hants. . Report from Headquarters. ' in. tTV Thft hi.Aftriiinrfi.rB nf th Tana. ness .armies In the held reported today as follows: In the Slinking (Yedden) direction our force, after defeating the enemy at Man human, la still pursuing him iu the Shakue river direction. r.-at of the railroad, the enemy showing signs of retreat, our whole line opened a geeiiial attack iro:n midnight March 7. and dislodged the enemy from his positions, pressing his force toward th. Hun river. The whole district west of the railroad ami south of the Hun rivet is In our lianas. On the right bank of the Hun liver the operations continue. The enemy in the neighborhood of Yung Hhltunx uml Llkuaniio still makes a -Hub-bum reuintuniB. The em-iny haa made several counter attacka, but we repulsed thorn, Inflicting heavy loss. i)ur force Is nuw presHlng the enemy toward Mukden. la the district north of Mukden, despite SUMMARY OF WAR SITUATION General Koaropatkln's Army Is la Critical Position o Direct Hews for Several Hoars. Mukden at noon yesterday was still oc cupied by the Russians. Fu pass, twelve miles to the eastward and on the Hun river, a vital point for Oeneral Kouropat kln In the retreat of his eastern wing, was bombarded by the Japanese for one hour early In the day, Russian artillery replying vigorously. The outcome at this point seems to be In doubt. A windstorm of hurricane fury was In progress during the day. No reports from the commander-in-chief later than Wednesday have been given out at 8t. Petersburg. Associated Press dispatches from Mukden Indicate that considerable Japanese forces are well north of the city of Mukden and that the railway upon which depends so much for the Russian army is seriously threatened, If Indeed It Is not already cut. SENATOR BATE PASSES AWAY Tennesseran Dies at Washington as Resnlt of Illness Contracted March 4. WASHINGTON, March 9.-Unlted States Senator William B. Rate of Tennessee, twice governor of his state, a veteran of both the Mexican and civil ware, rising from private to major general In the latter, and for eighteen years a conspicuous member of the upper house of congress, died at his hotel apartments In thin city today. He was 78 years old. Death was due to pneumonia and defective heart. Senator Bate attended the Inaugural ceremonies on March 4, and his death Is believed to be due primarily to exposure on that occasion. He suffered a slight chill on that day. He, however, continued his official duties and occupied his seat In the senate last Tuesday. 1 He became suddenly 111 at the dinner table that evening and immediately called for a physician. He was put to bed and his condition was recognized as serious. Despite the efforts of his physi cian he became steadily worse and all hope for his recovery was given up yesterday. Senator Bate was entirely conscious until his death and realizing that the end was near asked that He be buried at his 'old home In Nashville. Beside the widow, two daughters, Mrs. Thomas F. Masten, of Tennessee, and Mrs. Childs of Los Angeles, survive the senator. A brother, Captain Bate of Tennessee, and a sister Mrs. Harris of California, were sent for but were unable to reach here before his death. Senator Bate's remains will be taken to his old home at Nashville and will be Interred in the Mount Olive cemetery there. An official funeral will be held In the senate' chamber tomorrow at 2 o'clock and the remains of the late senator will be taken to Tennessee tomorrow evening. COMMITTEE PAYORS THE TREATY By Strict P.artr Vote Santo Domlnio Agreement Is Reported. WASHINGTON, March 9.-The senate' committee on foreign relations 'today agreed to report favorably the Santo Do mingo treaty as amended. The vote was on party lines, every republican voting for the treaty and every democrat voting against It. All. members ofJhei,-Cqmmlttes were present and the vote stood: For the treaty Cullom, Fry. Lodge, Clark (Wyo.), Foraker, Spooner, and Kean. Against the treaty Morgan, Bacon, Money, Clark (Mont.) and McCreary. There is one vacancy on the committee, caused by the election of Senator Fair banks to the vice presidency. All of the amendments heretofore agreed upon were formally adopted and one addi tional amendment, which was offered today was accepted. The latter was one' of phraseology merely. It changes the last clause of article vli, in which It is de clared that the present tariff and port duties may not be reduced except with the consent of the president of the United States, so long as tha whole of the debt which the United States government takes charge of shall not have been completely paid. In the original protocol the Domini can government, was prohibited from In creasing Its export duties of Its public debt without like consent of this govern ment. That provision has been amended to read as follows: "Said export duties or Its public debt shall not be increased without the consent of the president of the United States." SHORT SESSION OF THE SENATE Committee Appointed to Arrange for Funeral Of Senator Bate. WASHINGTON, March 9. After a ses sion of seven minutes the senate adjourned at 12:07 p. m. today out of respect to the. memory of the late Senator Bate. Mr. Gorman presented the usual resolu tions of regret nt Senator Bute's death. These resolutions also directed the appoint ment of a committee of twelve senators to make preparations for the deceased sena tor's funeral In tha senate chamber at 2 p. m. tomorrow, authorised the extension of Invitations to the president, the mem bers of his cabinet, the supreme court of the United States, the diplomatic corps, the ranking officers of the navy and the army and the house of representatives, and directed the aergeant-at-arms to escort the lematns to Senator Bate's former home at Nashville, Tenn., for Interment. On motion of Mr. Mallory the senate then adjourned as a further mark of respect. KIRKMAX BUST ST AMD TRIAL Secretary Taft Declines to Accept the Heslanatloa of Army Officer. WASHINGTON, March 9.-Secretary Taft hns declined to accept the resignation of Captain Klrkman. now under trial by court martial at Fort Niobrara, Neb., on charges of scandalous conduct. The court has taken a recess until May 10 to await the arrival of certain evidence from the Philippines. Additional charges of a serious nature have been filed at the department against Cap tain Klrkman and these will be referred to the present court for consideration. Coatluued ea Beooad Page NEW ORDER MEANS BOYCOTT Oil Producers Iadlaraaat at Actloa of Prairie Oil and Gas Company, CHANUTE, Kan.. March 9. The order of the Prairie Oil and Gas company to run no more oil below 30 degrees, which prac tically means i re::cw' of the boycott of the Kansas Held, will, It Is believed, re suit disastrously to those Individuals and companies which, figuring in a return of full buying and better operations, had re sumed operations. E. C. Martin, one of the largest producers In the field, said: "It is another act of defiance. It la another effort to crowd the Kansiyi producer to the wall. It will bring Independent refineries here and make a market for fuel oil." W. E. Connelly, a member of the ad visory board of the Kansas Oil Producers' association, said the order was only an other move on the part of. the Standard to show Its contempt fur the Kansas op erator SUBWAY STRIKE IS OYER National Officers of Union Order Men Back to Their Posts. SAY STRIKERS VIOLATED CONTRACTS Local Officials Say Flsjht Will Be Kept I P. lint Men Arc Return ing and Service Is Nearly Normal. NEW YORK, March 9. The most In teresting development In the subway and elevated strike situation In New York to day was the stand taken by some of the labor leaders In repudiating the action of the local leaders, who ordered and are comhictlng the strike. The' first Intimation the public had the strike was not endorsed by the national unions came In a statement from Grand Chief Warren 8. Stone of the Brotherhood of Locomotive Engineers, to which the motormen belong. Mr. Stone Insisted that the strike was a violation of the laws of the national union, the men having broken their contract with the Interborough company. He ordered the men to report for duty, falling which expulsion from the organization is threatened. W. D. Mahon, president of the Amalga mated Association of Street and Electric Railway Employes of America issued a statement tonight similar in tenor to that issued by Warren S. Stone. President Mahon says the strike was not authorized by the national body and that the strikers must go back to work. Chief Stone's Statement. The following statement was Issued by Grand Chief Stone of the Brotherhood of Locomotive Engineers: The Brotherhood of Locomotive Engi neers has no differences between its organ ization und the Interborough company at the presen time that could not have been adjusted In the proper manner. The present strike now going on by men claiming to represent the Brotherhood of Locomotive Engineers la in direct violation of our laws. It is not recognized, nor will it be supported by our organisation. The contract entered Into September, 1D04, be tween the Interborough company and the Brotherhood of Locomotive Engineers we recognize to be as binding today as it was when signed, and loyal members of the Brotherhood of Locomotive Engineers are instructed to at once report for duty and comply with the terms of the agreement. Members refusing to do so will be expelled Irom membership in our organization. It has been reported to me that many of our members have been misled by state ments that the grand officers had given consent to this strike. This is not correct, no request was made nor granted,, nor were the officers of the Brotherhood of Locomotive Engineers consulted lr. the present situation. This Is the first time In the history of the Brotherhood of Locomotivo Engineers that our members have repudiated their agreement with any railroad. Labor organizations must keep their part of tho agreements Inviolate If hey expect to succeed. Had our laws Deen compiled with conditions us they now aoDear could not exist on the lines of the Interborough company. Say Strike Will Continue. The Amalgamated Association of Street and Electric Railway Employes and the Brotherhood of Locomotive Engineers have Issued a Joint statement at strike head quarters in which they declare that War ren S. Stone did not Issue any statement to them this afternoon ordering; them to return to work and declaring the national body not In sympathy with their strike. The statement continues that the strike has Just begun, that the men will tight to the bitter end and that they are confident of vlnnlr..;. William L. Jencks, head of the local Brotherhood of Locomotive Engineers, de clared that he did not recognize Mr. Stone's statement as having any Influence upon him or upon the strike. He sold: Mr. Stone cannot dictate to me. Shall he tell us whether we shall have supper or not? The men were ordered out, are out and will stay out until the strlkn In wnn Things are going beautifully, and prospects won never uiiguier tor us since tne strike was begun. Jencks made this statement In a midst of a group of strikers, who cheered him loudly when they heard his words. Timothy Healy, president of the Interna tional Brotherhood of Stationary Firemen, when asked whether he would call out the members of his organization, replied: "No, I'm not going to call them out." "Have you been asked by Mr. Pepper or Mr. Jencks or anybody else to call them out?" was asked. "If Mr. Pepper asked me to call out the firemen," replied Mr. Healy, "I would not do so. I would not recognize Mr. Pepper's power to make any such request. Before I would call but the men I would have to be asked to do so by President Mahon. Mr. Mahon has not asked me to do so." Harry Johnson, secretary of the local union of Locomotive Engineers, in an In terview, supported Mr. Jencks, saying the men would not go back to work until they had won their point, the local union hav ing sufficient money to carry on the strike without aid from the national union. So far, he said, none of the strikers had de serted, while .dozens of the strike breakers had quit and had been sent home by the local union. Mca Returning- to Work. Notwithstanding the efforts of the local leaders there were indications around strike headquarters that at least some of the men were ready to give up the fight against the company. Those who from the start were opposed to the strike find the action of the national leaders an excellent excuse to return to their posts. Early this even ing some ot the old subway motormen were found In charge of their regular trains and admitted that they had taken Mr. Stone's advice. The service In the subway tonight was almost perfect, the local trains being run during the rush hours on sched ule time, while the express trains main tained a three-minute headway. At no time was there anything resembling a congestion, the usual home-going crowds being bundled without accident. On some of the lines service was not so good, this, however, being -due to the fact that the company had decided to first perfect the running of trains In the subway. Tomorrow It expects to bring the elevated service up to the regular standard. Messrs. Stone and W. B. Hurley left for Cleveland tonight. As they were leaving Mr. Stone said: "The strike Is virtually over. We have accompallshed our mission and are going horns well satisfied." Attempt to Wreck Train. Hugh R. Grace, who admitted that he was a striker, was arrested tonight, charged with maliciously putting the emer gency brake on an elevated train on the curse of One Hundred and Tenth street. The train was brought to a stop so suddenly that many of the passengers were thrown from their seats. By a narrow margin a rear end collision right at the structure's greatest height was averted by the nervs of the motorman of the train following. BEE ADS 11 DISPENSABLE. OMAHA. Neb.. March 8, 1005. Bee Publishing. Company, City: Dear Firs We are triad to furnish you an opinion on Bee advertising. We have been liberal users of space In The Bee want columns for several years and find, by experi ence, that It Is a splendid invest ment. We have a largre mall order busi ness, through which we have an opportunity to iearn the value of advertising nnd also to trace our results, and we flud The Bee in dispensable to our infill order, as will as our local, business. Yours truly, THE GOLDMAN PLEATING CO., ' 100 South lGth St. EVIDENCE OF DISCRIMINATION Kansas Roads Made Xcw Role Caus ing Trooble for Independent Oil Retlaerles. TOPEKA, Kan., March 9. In the deposi tions taken today In the cose brought against the Atchison, Topeka & Santa Fe railroad It developed that all of the Kansas railroads in the transmlssourl freight bureau changed their classification and tariff sheets about the time the Kansas oil field began to give promise of becoming of Importance. By the change which was made the only petroleum which would be secured for transportation In tank cars was that des tined to a "consignee who possessed storage facilities for the oil after It reached Its destination." This order nearly prohibited independent refiners from distributing their oil, as they were unable to. erect storage tanks In oil of the towns to which they shlpied oil. "It has been the custom of the Standard Oil company," said Frank S. Monnett, during the discussion today, "to have this rule adopted by the railroads In which It owns an Interest, Just as soon as It is evident that independent refineries are getting a foothold in the flald. It Is the same method that has been used by the company lit destroying competition in east ern fields. The companies will accept de murrage on any other class of freight than oil. Usually an independent refiner ships his oil to a small town In his own tank car, has the car switched to a sidetrack and unloads and sells from his wagons until the car is emptyi This rule, which it developed that all of the western roads adopted would prevent that and the Stand ard could have to Itself every town In which the Independent man did not want to erect a tank." The railroads in the transmlssourl freight bureau are the Missouri Pacific, the Mis souri, Kansas & Texas and the Atchison, Topeka St. Santa Fc, all of which operate In the Kansas field. , Attorney Monnett . Introduced a letter, purporting to come -from a former em ploye of the Standard Oil company at Joplin, Mo. The missive alleges that on the completion of the Standard Oil com pany's pipe line an agreement was entered Into between the Stamlji-d adthe Bantu Pe. the Missouri PscMs and i'he Missouri. Kansas & Texas and posKtbly other rail roads whereby the tariff for transportation of oil over these lines should be placed nt an exhorbltant and prohibitive figure. The railways were to profit from this trans action through distribution among the rail ways of 10 cents on every barrel of oil run through the Standard's pipe line. This made It impossible for all the Independent companies to ship crude oil and liad th effect of eliminating competition to tho Standard Oil company. Tho theory is that the Standard made the producer stand this expense by raising the price of crude petroleum a corresponding amount. Further depositions In this case will be taken at Independence, Kan., Friday. The hearing will be resumed In Topeka Monday. FORESTRY BUILDING COMPLETE Vnlqne Structure at Portland Con structed of I'ndressed Lot la Now Finished. PORTLAND, Ore., March 9. The Fores try building, the most admired building on the Lewis and Clarke exposition grounds, and which is said to be one of the most unique structures In the world, has been completed. The building Is constructed of logs of Immense proportions and bearing the mother bark. Ninety-two giants of the forest, many of them over six feet In dia meter, support the great roof of this won derful exhibition palace. There are in the building two miles of five and six-feet fir logs, eight miles of poles, 43,000 fir shakes, 30,000 fir bark shin gles. The largest log is seven feet nlns Inches through, and to raise It in place 112-horse power was required. MAY DECLARE OFFICE VACANT Contest for Colorado Gornrnorship Takes a New Turn. Ko Change la Missouri. JEFFKHSON CITY. Mo.. March . There was no adldUonal break in the vote for I'nlted States senator on tha forty second ballot, taken today. The vote re sulted: Cockrell, 76; Niedrlnghaiis, 17; Kerens, IS; Itartholdt, t; Warner, 2; Ityer! 1: Lyons, i: McKlnley. 1. Total, lm vui.i! necessary to a choice, 14 6 Big Illustrated Features in Next Sunday's Bee Sherlock Holmes Mystery The adventure of the Priory School with its strange ending. Pablo Domenech, a story By CARMEN SYLVA, the bril liant Queen of Houmanla.. Why Does Baby Gry? The answer also tells how to stop the needless crying. Strangest Battle In History Fight at Karo La, on road to Lbassa, IO.Ixhj feet above sea. Divorces Among Actresses Where threw and four times di vorced Is not uncommon. Buster Brown and Tlge I'k'ture story of the precocious youngster and bis pet. ALEXANDER AMENDS MINORITY REPORT Resolution la Adopted Asking; su preme Court What Mill Be the Effect of Bach Actloa. DENVER, March 9. The Joint executive convention has sotvght an opinion from the state supreme court on the question of whether it has the power to declare the office of governor vacant and what the ef fect of such action would be, and tho de cision of the Peabody-Adams gubernatorial contest will be deferred until the court's answer Is received. Mr. Alexander, a member of the commit tee, was allowed today to amend his amendment In favor of seating Lieutenant Governor McDonald In such a way that if It should be adopted by the Joint conven tion Governor Adams would be legislated out of office. Alexaader Amends Report. Alexander's amended report declares that there was no legal election for the office of governor held in the state last November, but the resolution declaring Lieutenant Governor McDonald "duly qualified gov ernor of the state" Is omitted and the fol lowing substituted: Resolved, That the action of the Joint as sembly In declaring Alva Adams duly elected governor be hereby rescinded and revoked and that a vacancy be declared In the office of governor. Under the. constitution the Alexander resolution would stem to have the effect of continuing former Governor James H. Tea body In office, his legal successor having not been elected. That question, however, would be submitted to the supreme court for adjudication before a vote is taken on any of the reports before the Joint as sembly. In the meantime the allegations of Ber.ator Richard W. Morgan, In regard to the bribery will be held In abeyance. The committee which has charge of the investigation of this matter held a brief meeting this afternoon after the session of the Joint convention. Senator Arthur Corn forth, chairman, announced that an ad journment had been taken subject to tho call of the chairman, or practically until the governorship tangle has been straight ened out. As soon as the Joint convention met this afternoon Senator Alexander asked consent to amend his report, and he read the report as he wished it amended. This came like a thunderclap to the democrats, and they ask-d for and obtained a recess of fifteen minutes for consideration of the matter. After the recess objection was made to allowing Senator Alexander to amend his report In the manner Indicated. However, the amendment was allowed by a vote of 64 to 32, one republican voting with the democrats in the negative. Supreme Court Asked for Opinion. Senator L. G. Campbell, a republican, at once submitted a resolution to submit to the supreme court the questions of the right of the Joint assembly to adopt the Alexander rtpurt and if. It"-should 'be adopted what Its effect would be, especially who would then be governor of Colorado. This resolution was adopted and the Joint assembly took a fecess until tomorrow morning. At the forenoon session of the Joint as sembly B. J. O'Connell criticised the re publican majority of the bribery Investi gating, committee, of which he Is a minor ity member, for not proceeding promptly with the investigation of the charges made by Senator Morgan and for adopting star chamber methods. Senator Arthur Corn- forth, chairman of the committee, explained Its delay by saying that the republican members wanted to attend a caucus and the sessions of the joint convention and defended Its course in holding secret ses sions. An amendment by O Connell to In struct the committee to proceed immedi ately with the investigation of Morgan's charges was declared out of order, because the question of adopting the majority re port of the contest committee was before the house. Mr. Herbert Is Indignant. James A. Herbert, president of the Colo rado & Southern railroad. Is indignant at the action of the legislature bribery in vestigating committee In falling to hear his witnesses and report promptly to the general assembly concerning the charges made by Senator Richard W. Morgan. Twenty-five witnesses for Mr. Herbert were waiting to be heard last night, when Senator Arthur Cornforth, chairman of the committee, informed the other members that the meeting would be postponed until this evening. "Every publicity Is given the charges against us," said Mr. Herbert, "but when jve appear to defend our serv ices we are not allowed to face our ac cusers, and everything that we have to offer in defense Is kept by the committee as much a secret as possible." NEBRASKA WEATHER FORECAST Partly Cloudy Friday, with Rain or Snow In Southwest Portion. Satnr day Fair aad Warmer. CORRUPTION IN CONNECTICUT Minister Tells Judiciary Committee Money Was TL'aed In Many Towns During- Recent Campaign. HARTFORD, Conn., March 9. Rev. New man Smyth, D. D., of New Haven, who appeared today before the Judiciary com mittee of the general assembly In support of a corrupt practice bill, Informed the committee that after careful Investigation he had found that in the last convention "money met money at the caucuses at con siderably more than 100 of the 1C8 towns of the state." He figured that the total sum used might have reached $150,000. Notwithstanding, he said, the notorious use of money and other valuable considerations In the last cam paign, "not a single stroke of prosecuting pen has been mode nor a fine Imposed, not a Jail door has swung open to receive a single political robber of Connecticut." One prominent candidate Dr. Smyth de clared had not seen proper to comply with the law which requires all candidates, in cluding those for United States senator, to make a sworn statement of contributions. He Intimated that such evidence as was at hand might be laid at the door of ths judiciary committee of the United States senate. Temperature at Omaha Yesterday! Hour. Dear. Hour, Dri, 5 n. m 8T 1 p. nt All B a. m ST 2 p. m 44 T n. ni .HI S p. m 41 N a. m US 4 p. as !K 0 a. m 44 S p. m ST to a. m...... 4T Op, m...... HS 11 n. ra 4H T p. an B4 lii m 51 ' N p. m .8.1 p. m 81 MRS. CHADW!CK LOSES POINT Jsdae Overrules Motion by the De fease to Take Caao from 'the Jury. CLEVELAND, March . Andrew Carne gie is now definitely out ot the trial of Mrs. Chadwlck If she should be ac quitted this time, Mr. Carnegie might ap pear at a subsequent trial, but as far as the existing case Is concerned his pay is waiting for him and he Is at liberty to go home. United States Marshal Chandler today made out a check for $64.40 to Mr. Car negie's order and It Is held in the mar shal's office, pending Mr. Carnegie's call for it. If he does not call It will be mailed to him. , The defense today made a desperate at tempt to have the case taken from the Jury and a verdict Tf acquittal rendered by the court. After arguments lasting through the greater part of the day, Judge Taylor, Just prior to the afternoon ad journment, overruled the motion. The de fense also attacked two counts of the In dictment and asked that certain parts of the testimony offered by the government be stricken out. An admission from the judge that he did not regard the two counts as "good" was the extent of the satisfac tion secured by the defense. The acquittal of the defendant was asked on the ground that the Indictment charged her with con spiring to commit 'an offense against the United States In that she conspired with Boekwith and Spear to certify illegally checks of the Oberlln bank. COURT TURNS DOWN BRYAN Ncbraskan Will Not Get Part of the Estate of the Late Phllo S. Dennett. HARTFORD. Conn., March 9. The su preme court of Connecticut today handed down a decision in the Phllo S. Bennett will case, In which W. J. Bryan has figured as beneficiary io the extent of $50,000 as provided In a "sealed letter" left by Mr. Bennett and finds no error. The decision upholds the superior court, which rendered judgment to the effect that the clause In Mr. Bennett's will contninlng the para graph In regard to trie $50,000 to be left to Mr. Bryan Is Inoperative and that the said fund Is the part of a residuary estate. Mr. Bryan appealed from this decision and the result Is as previously stated. Counsel for Mr. Bryan when asked tonight If the case would be taken to any higher court said that It would not be. Today's decision doubtless ended one of the -most Interesting cases ever fought out lit the courts of the state. Mr. Bryan was a close friend of Mr. Bennett and was mud the executor of his will. When It became known that a "sealed letter" was deposited In New York, bequeathing Mr. Bryan $50,000, the struggle began to have It excluded, several allegations which caused considera ble surprise at the time being made by counsel for Mrs. (Bennett. It was even alleged that Mr. Bennett In tended to have the letter destroyed when he was killed by a fall on a western moun tain side. MAY AFFECT BIG WHEAT DEAL dianace In Clnasltte atlon Rules at Chlcasco Considered by State Warehouse Commission. CHICAGO, March 9. An Important meet ing, which will have a bearing on the fate of the big May wheat deal In the Chlcngo Board of Trade, was held here today at the rooms of the state railroad and warehouse commission. Every branch of the wheat trade was represented at the meeting. The healing was In response to a call to ths trade from the commission to present tes timony bearing on the admission of Oregon grown red winter wheat to the grade de liverable on speculative contracts on the Chicago Board of Trade. The commission has been permitting the grading of the Oregon red Russian wheat as "red wlirfer" at East St. Louis, while In Chicago the state Inspection authorities have been fol lowing the precedent of the last twenty five years and have classified the for west ern wheat as "Colorado." The rules of the state Inspection depart ment would admit the Oregon red Rus sian winter wheat to the classification of red winter, but Chief Inspector William Smille has throughout the season classified the wheat as Colorado, and It has been sold on Its milling merit all the season below the price that it would have secured If It were deliverable to speculators. FAIRBANKS MAY RIDE GOAT Vice President Will Probably Take Additional Masonic Dcsrrres at Indianapolis Next Month. INDIANAPOLIS, March 9 Vice Presi dent Fuirbunks may come to Indianapolis the latter port of this month to take inter vening degrees In Masonry between the blue lodge and the thirty-second degree. The spring convocation will be held fr,r three days, beginning March 31. Vice President Fairbanks was Initiated into the order on, ' December 27. WANTED AT ST JOSEPH, MO. Expert Druggist Who la Accused of Robbing; Employers Arrested at New York. NEW YORK, March 9. James Upton Medlock, alias J. C. Mellier, was anvsted here today. He Is wanted In fit. Josiph, Mo., for burglary. He Is said to be an expert druggist and has worked In various of the largest drug houses In the country. It Is said he operated by procuring a posi tion with the house and then secrutlng goods, especially proprietary medicines, which be disposed of through owifcdojutes. COLORADO JURY CANNOT AGREE No Verdict In Case of Deputy Sheriff Who Killed Two Men Elec tion Day. CRIPPLE CREEK. Colo., March 9.-The Jury In the case of James M. Warford, the deputy sheriff who shot and killed Chris topher Miller and Isaao Loba at the polls In Goldfield on election day, was dis charged today, having tailed to agree after deliberating over seventy hours. Movements of Ocean Vessels March 0. At New York Arrived: Elngen, Iyoulse, Genoa, Oceanic, from Liverpool. Sailed: I.. Lorraine, from Havre: Grosser Kur furst, fur Bremen. At Uueenstown Sailed: Merlon, for Philadelphia; Cedrlc. for New York. At Swansea Sailed: Majestic, for Phila delphia At London Sailed: Mlnnetonka, for New York. At Queenstown Arrived: Cymric, from Hoi on. At Trieste Balled : Glulia, for New York. At Oiitenstuwn Arrived: Baltic, from New ork. At Hamburg Balled: Armenia, for New York At London Arrived: ftiajiitou, irom rew York. ATTACK MERCER BILL Big Delegation 'rom South Omaha Storms ths Legislatn-e. PROTEST AGAINST JOINING TWO CITIES Insist Agitation ia Hurtful to Property Values in Magio City. GIVEN PRIVILEGE OF ADDRESSING HOUSE Insist Present is Dot Opportune Time to Make Such a Mots. REPRESENTATIVE LEE CAPITULATES Announces Ills Committee Will Btraagle the Annexation Bill In troduced by lllm, and Booth Omaha Men Cheer. (From a Staff Correspondent.) LINCOLN, March 9. tSpeclal Telegram.) Amid the pluudits of the house and Senate assembled In Joint session, a gallery full of spectators and 600 citisens of South Omaha come to protest against H. R. 3i9 snd the consolidation of Omaha and the Magic City, Representative Lee of Douglas) on the floor of the house this afternoon gave an object lesson In retreating which Kouropatkln might with profit emulate. The half thousand of crusaders from South Omaha, men, women and children, were Jammed Into representative hall; the members of tho senate occupied seats there, the galleries wer full and the represents lives were nearly all present. Several speak ers from the South Omaha delegation had eloquently proclaimed their reasons for op posing the Lee bill making annexation pos sible, when at the conclusion of these speeches Lee srose and asked the priv ilege of the floor, which none save Jackson of Antelope sought to deny him. In great good humor Ix-e declared that rather than force upon his neighbors a law which they did not want he would be the first to bow to the will of their fair city and not pro mote his bill. The eloquent Irishman sat down amid a storm of applause In which the South Omaha people led and he was surrounded by his colleagues from all ports of the house ns well as citisens from the packing city and earnestly congratulated for the stand he had taken. Storming the capital like the Etruscan at Janlculum the 6U0 South Omahans swooped down upon the legislature Just be fore noon, led by Mayor Koutsky and a brass band. They were admitted to the house a few minutes before the noon recess and Dr. McCrann stated that the purpose of the visit wns to impress upon the legis lature the opposition of tjie majority of the people there to Lee's I'blll. He then submitted a petition signed by 3,000 persons who voiced the sentiments, he said, against this measure. When the house reconvened after noon the delegation returned and the demonstration ensued, Gibson States Position.' '"DrVMc'Crann, ' acting "as chairman, first. called on Senator Gibson of Bouth Omaha to speak and the senator told in a few words why his people were opposed even to the agitation of the annexation proposition. He said they were able for local self government and their property Interests would be Injured by consolidation. T. J. Nolan was then Introduced. He said the first reason why Bouth Omaha was against consolidation was that It would Increase Its taxes and reduce the value of its property. He pointed out that the bonded Indebtedness of Omaha amounted to $6,ff9,000 and that of South Omaha to $033,000, the per capita Indebtedness of the respective cities to $61 and $21; that Omaha's levy last year was 14 mills, while that of South Omaha was H. "Before annexation should be brought about Omaha must be large enough for two business centers and It is not that large now," said Mr. Nolan. "Our people believe that if consolidation were effected now it would be the death knell to the business district of South Omaha, that within a very short time all the chief busi ness Interests would be transferred to Omaha and we would he left with nothing but our residences. This would ruin our property values. The time may come when these cities should coalesce, but that time is not yet. When Omaha's population shall have grown very much larger and that great stretch of country between the two cities Is filled up with homes and people then It will be time enough for us to talk of this thing, but not till then. We not only want the Lee bill killed, but we want the Omaha charter bill so amended as not to leave the possibility of annexation. W think the people of South Omaha have demonstrated their ability for local self government and certainly they have shown you today that they are against the bill. Otherwise you would not have 400 business men down here, who had Bhut up their business for the day that you might see by their preticnee in your midst that they were not willing to have their town tacked on at this time to the mother city. I know you may be told that this consolidation is not possible until the proposition shall have been ratified by the majority vote of the electors of each city, but that does not remove the objection we have to this bill. So long as there Is a law on the statute books making It possible for the two cities to be annexed. Investors will bo slow to Invest their money In South Omaha prop erty, apprehending, and rightly so, that It will only bo a question of time until South Omaha will be swallowed up by Omaha. The people of South Omaha are satisfied with their local government and don't Want it placed In the hands of Omaha, to which In many ways, It is a model." Murphy Waxes Kloquent. Henry C. Murphy was the next speaker. He traced the history of South Omaha from Its birth twenty-two years ago to the present day. and said it had shown by Its 30,000 population that It was able Ui take care of Its own affairs. Mr. Murphy, manifestly, was to be the word painter of the occasion. He rose to the flights of oratory and proclaimed: "Krom Maine to Mexico, from the frosen one of the Yukon to the honey-kissed hills of the southland, our fair town Is known and hailed as the Magic City of the world." He said it would be sapping the life blood of the city to annex it to Omaha. "When our little city was an infant village, then a growing town, and still a young and struggling city, we needed the aid and strength of the mother city," said Mr. Murphy, "but we did not get It. Now that we have grown to a full-fledged city of over 30,000 nnd do not need the protec tion of the pureiil city It necks to embrace us with Its arm und offer us succor. We repel this proffer of protection." Mr. Flehurty said It was not so much the consolidation of the two cities they were opposing us the agitation of the sub ject. "This Is an Injury to our property la- I turests, and we want It stopped," aei las) I i