Port One Pages 1 to 8.
The Omaha Daily
Bee.
r ranks ot busier Brown
Next Sunday's Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, SATURDAY MORNINO, MARCH 11,
JAPS
m iniTn
in i u
MARCH
MUKDEN
Hessian Stronghold Entered bj Ojama'i
Army at 10 A. H. Yesterday.
MANY PRISONERS OF WAR CAPTURED
Large A moan t of Supplies Falls Into Hands
f Victorious Islander.
DESPERATE FIGHTING PRECEDES VICTORY
Defense of the Old Macchu Capital by
Russians is Obstinate.
SnSBBSasnnsnnS
FATE 'OF MUSCOVITES IS IN DOUBT
Fear at St. Petersburg: that Most of
'-he Army Will B Captured
Before it Can Reach
lie Pin.
SUMMARY CFWAR SITI pAST AlTE STAGE
11(03 SIXTEEN
PAGES.
SINGLE C0r THREE CENTS.
BILLHTIS.
TINKOW, March 10. Mukden fell at 10
o'clock thin (Friday) morning.
The Russians are panic-stricken. Thou
sands of prisoners and enormous quanti
ties of stores and gum have been cap
tured. y
BILLETI.
j w ... -- '
jri occupied Mukden at 10 o'clock Friday
"ymorning.
TOKIO, March 10. 8 p. m. Field Marshal
Oyamu, telegraphed ok follows under to
day's date:
We occupied Mukden at 10 o'clock this
morning.
Our surrounding movement, In which we
have been engaged tor some days past, has
,T now completely succeeded.
Tha llerceal lignllug coutlnues at several
jr"yUice in tlie vicinity oi Mukden.
vw captured a great numoer of prisoners,
enormous quantities ot arm, ammunition,
provisions and ouier war supplies. There
1 at present no nine to investigate tlie
Buwlier ul Uieae.
Musalaus Are Uemersllied,
NEW CiiWAiNO, March W. According to
reuauio Information received here, the
Russians, having been driven out ot Muk
den auu Fuahuan, and, with the rail
road cut, are retreating in a demoralised
condition to the hill country toward the
northeast.
Detacned bodies of Russians are roughly
cnuenching with a view to checking the
pursuit, but no great rear guard action is
being fought.
it will tin impossible for the Russians to
keep up any . sort of resistance for many
days, as there are no means ot provisioning
' in tne rougn cvunujr unuufii iuoj
! are retreating.
It is believed that the Russians may at
tempt to reach jklrln, 223 miles northeast
of Mukden, through the valleys, but a
special Japanese corps from the direction
of the Yalu river (probably General Kama
jura's forces) threatens to cut them off. 1
General Kurokl is advancing northwest
and Is forcing the Russians against Gen
eral Nngt's army.
The casualties on botk sides have been
enormous. The Russian Sixteenth army
corps was practically annihilated at
Tateheklao. Eight thousand Russians fell
, at Leukuanpao.
J Fighting? on Day Before Surreader.
f -- MUKDEN, Thursday, March 9. (10 a. m.)
The Japanese last night pushed up from
the south across the abandoned plain be
tween the Shakhe and Hun rivers and are,
as (his dispatch is Mod, about Ave mllea
south of the latter and from the Hun, ap
posite Machiapu, and northward Japanese
batteries are pouring in a ceaseless Are.
1 The Japanese succeeded In emplacing siege
X'f guns and mortars at Dlushantun, about
VjMsix miles west of this city, whence they
opened Are before dawn. Dlushantun was
the scene yesterday ot the bloodiest and
r most desperate Aghtlng of all this terrible
battle. Its possession was vital to the
Japanese, who stormed it again and again.
The Russians dislodged them, Jut the
Japanese Anally recaptured the , village
after much hand-to-hand fighting.
Eyewitnesses say the dead scattered in
the streets, ' court yards and houses have
been un our led four days. RIAes and other
' arms He about wrenched and twisted.
Hand grenades were thrown by tho Japa
nese and the garrison was subjected to
the concentrated tire ot as many as lou
gurs. Once Dlushantun in their hands.
the Japanese can train guns on Mukden
railroad station, and it has been hold at a
frightful cost. The Japanese are also con
centrating their effort a about seven miles
norm oi juunuen miu uuui live miies went
; of the railroad, with the object ot break
ing through and cutting oft the surrounding
A uiu.uiun i4uu aiudii limm uovn raging
sinoe daylight and the day promises to
witness a most gruesome encounter, the
j result of which no one here can foresee.
! Csar Officially Informed.
! 6T. PETERSBURG, March 11.-2:30 a. m.
"Last night ail our armies commenced to
(i .' retreat."
I. The greatest defeat in the history ot the
i Russian-Japanese war was made known in
St. Petersburg last night, but only In the
' paltry eight words from General Kouro-
patkin to Emperor Nicholas, which were
flung about the streets In newspuper extras
and pawed from mouth to mouth. Two
thoughts formed Instantly In the minds ot
everyone, and two words were on every Up
surrender peace the former dieaded, the
latter hoped for.
General Kouropatkin Is no maker of
phrases; his words never are quoted like
the famous "All Is lost save honor," but hli
laconic messages bide more than probably
any other two sentences In the literature of
war. 8t. Petersburg knows nothing of the
extent of the disaster, not even the lines
of kouropatkln's retreat; whether the route
to Tie puss Is still open, whether he Is en
deavoring to cut his way through to safety
or whether, as many ot the pessimistic be
lieve, ho has taken to the mountains. If
It be the latter he will Inevitably be
hemmed in end starved Into surrender, as
Marvhal Husulne was at Men.
Fate of Army In Doubt.
The dispatch hus been studied as closely
as was ever the most abstruse text ot scrip
ture, and front the words "nil our armies"
the optimists draw the deduction that the
tulk of his 1 namim forces got away clear,
the commuuder-ln-rhief sacrificing, how
ever, the devoted rear guard, who Aung
themselves as prey to the Japanese wolves
Mskdes la In Hands -
of Bosnian Arm) ' ne
Bnlanre.
The fate of the Russian army of upward
of 0,000 men and the 2,(A pieces of ar
tillery with which It was expected con
Adently General Kouropatkin and his lieu
tenants could prevent the advance of the
Japanese beyond the Shakhe and Hun river
positions, still Is In the balance. They have
been driven from those positions and now
are rushing northward toward Tie pass,
around which are high hills which were
prepared for defense after the battle of
Llao Yang In September, there being no
hope at that time that the Japanese would
allow the defeated army to rest south of
the Tit pass. That the Russians have lost
many guns and large quantities of am
munition and surplles la certain, for with
but a single track railway to the north it
would be Impossible to remove the large
stores which had been gathered together
at Mukden. These, it seems certain, have
been destroyed. The Japanese have not
yet reported the capture of guns, which
they generally do almost Immediately, but
it seems hardly likely that Kouropatkin
could have removed all of his artillery.
On January 1, according to correspondents
who have Just returned from Mukden, the
Russians had In position along Shakhe
and Hun rivers 1.6(0 guns. Including a
number of six and eight-Inch guns on ce
ment foundations, straddling the railway
Just ncrth of Shakhe station. In addition,
many guns arrived In Mukden during Janu
ary and February, so that the Russian
artillery when the big battle started, must
have numbered nearly 2,000 pieces. It Is
likely that Kouropatkin has sacrificed some
of these and Is bending all his energies to
extricating his army. That Ms task Is a
difficult one oil the dispatches Indicate, but
Russian sympathizers point to his retreat
from Llao Yang, where worse conditions
were opposed to him. The retreat from
Llao Yang was accomplished during a ter
rifle rnlnstorm over roads hub deep in
mud, while at the present time the Man
churlan roads are frozen hard as stone
and have been worn as smooth as asphalt
by the continual passage of the big, wlde
tlred commissariat wagons.
The result of Oyama's exeat turning
movement depends almost entirely upon
Kawamura'a army, which has not yet been
located definitely, although supposed to be
moving from the east toward Kouropat
kln's line of retreat. Should he reach the
military rood, which runs almost In a di
rect line from Fushun to Tie pass, before
the passage of the"Russian army the circle
will be complete, as Nogl's guns already
command the railway, and should soon
control the Mandarin road, which Is but
a short distance east of the railway and
runs parallel with It.
The army of General Kaulbars. which
has been pressed back across the western
plain, Aghtlng every inch of ground, is
moving northward to protect the line of
retreat from the attacks from the west
ward, while General Bllderllng Is protect
ing the rear against Generals Oku and
Nodzu, and IJnevltch Is doing his best
to hold the military road against Kurokl.
They have numbers against them, but have
succeeded against odds In similar retreats
before. The appearance of General Ka wa
rn ur a would render futile all their efforts.
General Rennenkainpfff's force of some
what less than 10,000 men, which" has been
operating on the extreme left, is In a pre
carious position, but the force Is a mobile
and the officers know the mountains well.
With the exception of this latter force all
the Russian troops are now concentrated
on the roads leading northward, and it may
take another, twenty-four hours before
their fate Is decided. The armv which
General Grlppenberg turned over to General
ivauiuars when he left Manchuria and a
New York Subway and Elevated Traction
Service Nearly Normal.
N
LOCAL UNIONS STILL STANDING OUT
Few of the Old Men Apply tor
Work and Only Part of
Them Are Taken
Bark.
NEW YORK, March, lO.-Although the
local leaders are continuing the Aght, de
spite the fact that the national leaders
have repudiated their action in calling the
men out. the strike on the subway and ele
vated railway systems has passed the
acute state and trains were run today with
little delay, the strike breakers " quickly
learning their new duties, while many of
the old men were back in their old posi
tions which they left on Tuesday morn
ing. There was no general rush back of
old employes, but the men slowly weakened
and there was a steady stream pouring Into
the company's office all day. The officials
were most discriminating and while many
of the guards and ticket sellers were taken
back, few positions ' were found for the
motormen, It being feared that some dam
age might be done to the company's
property. This action, it was feared, would
give the police something to do, as the
men who were, refused work were In an
ugly mood. Some 300 men In all were re
instated. The company stated that not more than
one-half of 1 per cent of the strikers
would be re-engaged, in fact late last
evening there were only 400 vacancies to be
Ailed, another 200 strike breakers having
arrived during the afternoon from Scran
ton and Wllkesbarre.
Statement by Strike Leader.
It was stated at the company's offices
that Messrs. Jencks and Pepper had sought
an Interview with Mr. Hedley, but had not
suceeded. Mr. Jencks, when seen, said he
had not received a telegram frdm Mr. Stone
in Cleveland. Of the situation he said:
The locomotive engineers went Into, the
strike knowing that the national body
would not support them. It la an Independ
ent strike and Is being carried on In an In
dependent way. It makes no difference what
the national body thinks or what action
they take. We are carrying on the strike
which is entirely on local matters and we
wllj Aght to a Anish.
According to a statement Issued by the
company, the utmost quiet prevailed up to
a late hour and the conditions tost were
becoming normal.
Discouragement, discontent and upbraid
ing of their leaders characterised the
slimly attended meetings of the strikers.
Some questions were asked of Jencks and
Pepper, but they elicited only the stock
replies. To "What are we going to do?" of
the men, they replied, "We'll pull you
through; everything la going splendidly;
we've got them licked so badly that they
don't know where they're at."
There was much crowding of the stations
today during the rush hour, resulting from
the slow headway of the trains and delays
caused by several minor accidents, but the
presence of the police prevented anything
serious from happening.
portion of which General Bllderllni
MRS. CHADWICK LOSES HOPE
Attorney Uarry's Argument Has Vis
ible Kffert on the Famous
Prisoner.
CLEVELAND, O., March 10. Saturday
will see the close of the present trial of
Mrs. Chadwlck and the case will probably
be given to the Jury some time during the
afternoon. Just before adjourning court
for the day, Judge Tayler announced that
It was his Intention to keep at the present
case until it Is Anlshed and he directed
that all other court business be passed
until Monday morning.
The entire day was given over to argu
ments, half of the total number having
been disposed of. Assistant District At
torney Thomas H. Garry spoke in the
morning and Judge Wing for Mrs. Chad
wick took up air of the afternoon with the
exception of one-half hour Just before the
adjournment. This time was taken by J.
P. Dawley, senior council for the defense,
who is to deliver the main argument for
Mrs Chadwlck. After him will come Dis
trict Attorney Sullivan, who will close for
the government. The latter Is not given
to extended speeches, but It Is believed
that both he and Mr. Dawley will require
more time than one session of the court
for all they wish to say.
It was a trying day for Mrs. Chadwlck,
and her pale face and nervous manner
showed that the strain of th trial Is tell
ing on her. During part of the Afternoon
she sat back in her chair as if greatly
exhausted. The attack made by Mr. Garry
upon her financial methods disturbed her
greatly. When he showed the Jury by her
own checks that without having any
money In th bank she had secured loans
amounting to 1187,000 and I104.00O of it on
one day, when the total amount which the
bank could legally loan to one person was
but lfi.000, the prisoner sank back in her
chair -as if she believed that the state
ments of the attorney must have great
effect on the minds of the Jurymen.
8he was greatly discouraged at the time
of the midday adjournment and said:
"I have about given up all hope. I
haven't any chance In this court."
During the afternoon when her own at
torneys were making- arguments she
brightened up very much.
Judge Wing, In speaking for Mrs. Chad
wlck, elaborated at length the theory held
by the defense from the beginning of the
trial that Mrs. Chadwlck could not be
guilty of conspiracy because she had not
entered into any prearrangement to com
mit any offense. Whether or not she did
commit the offense, he said, was not the
point at Issue. The claim of the govern
ment was that she had agreed with Spear
to certify checks. She had procured their
certification, but she had not arranged for
it prior to the time ot asking that the
.checks be certifled.
In the afternon- Judg Wing carefully
analyzed the evidence submitted by the
government, claiming throughout that while
It might prove that she secured the cer
tification of the checks, when she had no
money In the bank, It failed utterly to show
that she had arranged In advance to secure
the certification.
PROBLEM OF FREIGM RATES
Eoonomio Clnb of Boston Discusses tie
President's Railroad Policy.
FILES SUIT AGAINST SCALPERS
Milwaukee Bond Asks I'ljnnctlon
In a . rear, end collteio ,aaIhlxdl-f-,J' k BrokorjVlMtt,-
manded, consisted of Gregoff's cavalry,
Mlstchenko's mobile division and the Fifth,
Sixth, Eighth, Tenth and Seventeenth army
corps, extending from the Uao river to the
Mandarin road. '
General Llnevltch's army, which held the
Important positions at the bend of the
Shakhe river, including Erdagon hill, com
prised the First European and the First,
Second. Third and Fourth Siberian corps,
Rennenkampff's mobile division and Sam-
sonoff's cavalry. The troops, which ar- j on the Interborough road In New York. At
rived In January and February, probably I the conclusion of the meeting the foliow.ng
avenue elevated' several passengers were
cut by flying glass and others received
bruises. ,
The Interborough company today decided
to 'give to all employes who remained loyal
during the strike two weeks' extra pay.
A number of arrests were made during
the day, the culprit being chiefly boys, for
Interfering with the running of cars by
cutting bell cords and Intimidating strike
breakers.
Revokes Engineers' Charter.
CLEVELAND, O., March 10. Grand
Chief Stone of the Brotherhood of Locomo
tive Engineers touay revoked the charier
of the striking Interborough engineers in
New ' York.
Grand Chief Warren 8. Stone and Assist
ant Grand Chief E. W. Hurley arrived here
from New York today and at once called
a meeting of the grand council of the or
ganization to consider the strike situation
two corps, are not Included in this list.
Even should Kouropatkin extricate his
army. It is believed in European capitals
that 'peace soon will follow this latest Jap.
anese victory. The calling to St. Peters
burg of M. Iswolsky, Russian minister to
Denmark, who formerly was In Toklo, Is
most significant. No time will be lost In
starting the negotiations as soon as Russia
Intimates Its wish to close the war. Shortly
after the fall of Pert Arthur an official of
the Japanese Foreign office arrived In Lon
don with authority to take up the negotia
tions as soon as Russia declared its desire
for peace.
The losses In the operations preceding the
battle and those In the battle proper must
have reached enormous proportions, but
up to the present neither side has at
tempted an estimate. They will exceed the
Shakhe loss in which tho Russians alone
lost In killed and wounded and missing
67,000 men.
Field Marshal Oyaraa arranged his at
tack so that the Chinese city of Mukden
should not come within the range of bat
tle, rather an easy task, as the Russians
had no position Immediately around the
city, as was the case at Llao Yang, and
the Russian town Is two miles from the
outer walls of the old city. The western
Imperial tombs were under shell Are, but
no account has been given of the damage,
If any, that they suffered. The eastern
tombs, around which the Russians had
erected positions,-apparently did not come
within the range ot the Japanese shells.
telegram was bent;
CLEVELAND, O., March 10, 1905.-W. L.
Jencks, tkti East Hundred and Forty-first
Street, New York City Taking effect at
once, the charier tf subdivision No. loo is
recalled. You will forward charter and all
books belonging to the subdivision to this
office by express.'
(Signed! W. S. STONE. G. C. E.
Mr. Stone stated that the action was
taken on the ground that the brotherhood
had a contract with the Interborough com
pany covering a period of three years,
which had been signed In September last,
and that the engineers struck without con
sulting the officers of the brotherhood and
In clear violation of the existing agreement
Mr. Stone added that the decision of the
grand council was Anal and that the New
York engineers belonging to subdivision
No. 106 could not be reinstated except upon
a majority vote at a convention ot the
brotherhood.
Grand Chief Engineer Stone said tonight
that besides the suspension of the mem
bers of the lodge whose charter has been
revoked the members of that lodge are also
suspended from receiving any Insurance
benefits from the order after paying dues
for a number of years,
GIVES
DATE
OF
REVOI.lTIO
ICwutlaued on eveutfc Page.)
Russian of Sioux City Says Real
Trouble Will Start In May.
ST. PAUL, March 10. A special to the
Dispatch from Sioux City, la,, says that
Aaron Emdtn, who came from Russia four
months ago and Joined the Russian colony
here, today received a letter from a mem
ber of the Russian revolutionary party say.
ing that April 18, of the Russian calendar,
or May 1, American calendar, bad been
named for the opening of the national rev
olution. Since the St. Petersburg massacre
the revolutionists in the nlties have been
repressed until orders could be conveyed to
all the cities and provinces for a universal
uprising on such a scale that to cope with
it will be impossible. All railroads and In
dustries w(l1 be' (lea up and mobs will take
possession of every city. It la claimed that
support of many of the troops is pledged.
Emden has heretofore received information
from RuBsla which has proved accurate.
NO WINE F0R MINNESOTA
New Battleship Will Be Christened
with Water from Mlnne
hah Falls.
ST. PAUL. March 10. Water from Min
nehaha Falls will be used in christening
the battleship Minnesota. Governor John
son so announced today. Miss Rose Marie
Schallnr, the university student, who is to
christen the 'battleship, called on the gov
ernor yesterday afternoon and discussed
the subject. Both had received numerous
letters from temperance advocates, urging
that water instead of wine be used for the
christening.
They decided that unless there is too
strenuous objection from the shipbuilders,
who will be In charge of the ceremony,
bottle will he broken containing pure water
from the historic Minnehaha.
The water probably will be carbonated,
so as to give the proper "Axi" when the
bottle is broken.
Send Troops Against Arabs.
CONSTANTINOPLE. Aiurch 10. Alto
gether two battalions i f Turkish reinforce
ment have been called out to cope with
the lnsurrectlou In the province Yemen,
Arabia. All Risa Pasha, with seven bat
talions and a buttery of artillery, has left
liodcida for Mauukha. The road to Man
akha la open, but Aghtlng is anticipated
from Manakha on to Sanaa.
CHICAGO MAN KILLS HIMSELF
Motor Manufacturer, Despondent Over
Illness and Business Reverses,
Ends His Life.
Says Form si' Trust,
CHICAGO, March 10. Charging that the
ticket scalpers of the United Statesjhaye
combined themselves Into a veritable trust
for mutual protection and the promotion
of the sale of cut rate tickets, officials of
the Chicago, Milwaukee & St. Paul rail
way today flled a bill In the United States
circuit court seeking an Injunction against
sixty-se-ven ticket brokers. This bill tor
an Injunction Is against the same persons
and Is almost identical with several bills
which were flled lust summer by various
railroad companies and upon which peti
tions for Injunctions were Issued restrain
ing the scalping of tickets to the World's
fair at St. Louis.
It Is declared in the petition that the
ticket brokers have combined themselves
Into associations to antagonize the rail
roads and that an injunction restraining
the brokers is the only relief possible for
the railroads.
JUDGE GR0SSCUP SEES SERIOUS DANGER
Question of Preventing Discrimina
tion a Vital One and Railways
Should Be Most Interested
In Solving; It.
BOSTON, March 10. "The President's
Railroad Policy" was the general subject
of discussion at a dinner of the Economic
club of Boston tonight. The principal
speakers were Judge Pe4er S. Grosscup of
Chicago, president David Wilcox of the
Delaware & Hudson River railroad and
Interstate Commerce Commissioner Charles
A. Prouty. Each commented at length
upon 11-esident Roosevelt's views regard
ing the regulation of Interstate commerce
rates.
Mr. Prouty defended the proposed na
tional legislation and In referring to the
criticism that legislators were not always
competent business men said that while
a certain amount of expert knowledge was
necessary In the proper regulation of rall
roaei tariffs the questions to be decided,
though requiring good Judgment, were not
difficult of comprehension to one habitually
engaged in heurlng them.
Attitude of Railroads.
Mr. Wilcox opposed the interlerence of
the government In the rate question and
declared it impossible for a small body
of men, at Washington to properly dictate
what the railroad rates of the country
should be.
In conclusion Mr. Wilcox said:
The remedy lies In the vigorous enforce
ment of existing siatutes, which will pre
vent rebates and discriminations, and re
sort by the commission directly to the
court, so as to secure expeditious action
by the only branch of government which
is qualified to administer Justice and de
termine right of property. This will pre
vent unjust discriminations and undue or
unreasonable preferences. So far as con
cerns reasonableness of the rates, it Is
obvious that the present method under
which tho commission has power to pass
upon existing rates has been effectual.
But governmental future rate making
would play havoc generally nnd "business
by law suit" would be intolerable.
Judge Grosscup said that he saw serious
danger in the whole question unless It was
handled delicately, not only by President
Roosevelt but 'by the railroad men. The
latter, he said, while Insisting that there
should be no confiscation of their property
or supervision tnat In the long run would
amount to confiscation should Join with
the president In establishing a tribunal
through which the nation's power could be
honestly exercised.
Judge Groascnp's Address.
Judge Grosscup spoke of "The President's
Railroad Policy." He said In part:
Whatever may be Its legal status, a pollcv
of discrimination that gives to one set of
persons in a communltv mte that m re
fused to the balance of that community, or
to certain communities rates that are re
fused to other communities, Is a policy f
"J"""" uiijuni iKiin to tne persons ana
communities discriminated against, and un
just to the Deonle of the United stn ,
an entirety. It is none the less unjust that
THE BEE BULLETIN.
Forecast for Nebraska Fair In Fast,
nnr In West Portion Saturdny.
Snnday Trobably Snow or Rain.
Pasre.
1 Japanese Forres Captnre Mnkden.
Xew York I nlons Continue Strike.
Ftclaht nntr Problems PUcnssed.
State I.ralstntlKe Proceedings.
2 Tolstoi Writes on Government.
3 News from All Part of ehrakn.
Hev. Trefs Mulls Blnahntnton.
4 Money for Hot Springs Hospital.
Madame Yale Talks on Benuty.
5 llurkett liny Washington Home.
Vrrdlrt of Murder la Found.
President of Oil f umpnny Ignorant
U Slntns of I. and Fraad Prosecutions
Find Mrs. St ml rerd" Was Murdered.
t'oinmcrclnl Review of the Wek.
T Whltemnn. I'rlnco of Crooks.
8 Record Rates Pal I to Writers.
O Family Tree of Mark Twain.
Matins; Real I:tute of the City.
Flesh and Fowl Are enlected.
10 Editorial.
11 Cars for Grain Are Plentiful.
Affairs nt South Omnha.
12 I-armbre on HooaevcK'a Policy.
13 Flnanclnl and Commercial.
IS Council 111 n ITs and lown News.
1 .New Charter la Full of Holes.
CHANCE IX ELECTION
Bouse Favors Bill to Cat Out Those in Odd
Numbered Years.
Temperature at Omaha Yesterdayi
Hour. Dear. Hour. Dear.
S a. m...... 2i7 1 p. m :i:t
W a. nt 2 p. ni :tt
T a. m 27 .1 p. m 3:t
a. m km 4 p. m ft:l
a. m ao n p. m itU
10 a. m ;ts p. in Bl
11 a. m JIS 7 p. in 2M
12 ni 3-1 S p. m 27
O p. in 20
BOTH DESIRE A DECISION
Kelther Peabody .Nor Adams Pleased
with Plan to Declnre Gov
ernor's- Office Vacant.
DENVER, March 10. Neither Governor
Alva Adams nor former Governor James H.
Peabcdy wants the governorship contest
settled by any process of procedure except
a square vote in the Joint assembly on the
question as to which of them Is entitled to
hold the office.
The submission to the supreme court for
Its opinion of the questions involved In
Senator Alexander's resolution to declare
last November's election void and declaring
the office of governor vacant seems to be
merely a device of the Peabody republicans
to bring about a situation where a straight
vote on the resolution to oust Governor
Adams and declare Peabody elected will bo
forced. It Is not expected that the supreme
court ..111 decide that the legislature can
declare the executive chair vacant, and
Peabody supporters planned early today to
nullify the movement of antl-Peabody re
publicans In favor of sealing Lieutenant
Governor McDonald In the chair of the
chief executive. This done, they believe
Peabody can secure a majority over Adams
in the decision of the contest.
In pursuance of the decision of the Joint
assembly to ask the opinion of the supreme
Minn on the Alexander renort. the senate
ine means used to acrnmnllNn th Himerlmi. 1 . j . . i , i . i v.
nation mav hv heen inrii,. aA;i; .Z. "UHy tuH
omen are as unjust as direct differences In
BOODLERS APPEAL TO COURT
Expelled California Senators Ask
Judges for an Order 'Compelling;
Their Reinstatement.
SACRAMENTO, Cal., March 10. In the
office of the clerk of the supreme court
today notice was given that on April 3 a
petition for mandamus would be presented
commanding the re-lnstatement of former
State Senators Frank French, Ell Wright,
E. J. Emmons and Harry Bunkers as mem
bers of the upper house. They were re
cently expelled, after being accused of .ac
cepting bribes. The legislature adjourned
today.
6
CHICAOO. March 10. Despondent over
continued illness nnd business reverses,
William Hotli. vice president of Roth Bros.
& Co., manufacturers of electric motors
at 27 Clinton street, committed suicide here
today by shooting himself. Roth was found
by his wire with a bullet wound In his
temple lying on the floor of the bath room,
and although still alive, died shortly after
wards w'.thout regaining consciousness.
Big Illustrated
Features in Next
Sunday's Bee
Sherlock Holmes Mystery
The adventure of the Ptiory
School with its strange ending.
Pablo Domsiiecti, a story
By CARMEN SVLVA. the bril
liant Que-eu of Ruuuiaula.
Why Dies Baby Gry?
The answer also tells bow to stop
the needless crying.
Strangest Battle in History
Fight at Karo La, on road to
Lhasta, lU.lXMj feet above sea.
Divorces Among Actresses
Where three nnd four times dl
vomit is not uncommon.
Buster Brown and Tip
Tleture story of the precocious
youngster and bU iet.
rales. Arrangements bv which the nrlvaiM
ears of a-prtieu!ar shipper are hauled at
a reduction that substantially overmeasures
the capital Invested by the shipper in suph '
ears; and arrangements to divide rates with
shippers, who pretend to be operating in
dependent railroads that in fact are only
switches. In a ratio not measured by legiti
mate switch charges all these, and all
other devices of their kind,-are equally un
just; for the Injustice of the thing, whether
It be accomplished directly or by circum
locution, is In the fact that one set of ship
pers are thus enabled to get their goods
Into a market at a cost that competitive
shippers cannot obtain. And this Injustice
is one that it Is the business of our people
as a nation to look after; for, practically,
it Is armed Intervention, by the railroads
of the nation, that In these days of small
proAts, turns the fortunes of the contest.
Freedom of the Individual.
But this Is not all. If, as some of our
courts have held, lesser rates, under tho
law as It stands today, may be given to
the larger shippers, simply because their
shipments are large, an unjust thing to the
fieople of this country Is being done by the'
aw. I know the argument on which this
discrimination Is based. I can see that it
may cost the railroads less, per ton, to
enrry large shipments than to carry small
ones; and I appreciate the fact that al
ways, and In every business, there has been
charged to the wholesaler a smaller per
centage of proAt than to the retailer. But
these arguments, plausible as they appear
standing apart, wholly miss the core of the
matter, considered Mn Its national aspects.
No one doubts that the whole structure of
our business and industrial life In still
built on competition. No one doubts that
the whole structure of republican Institu
tions still rests upon proprietorship. In
business .and Industry, widely distributed
among the ueonle. And no one doubts that
competition, and the continuance of wide,
spread Individual proprietorship, depend
upon Adellty to the principle that every
man shall lie given equal conditions and
equal opportunity with every other man.
Now, In these days of universal commerce
the rates charged by the railroads Is ono
of the conditions upon which an In
dividual's business will succeed or fall. To
a very substantial extent, too, these rates
are conditions authorized by the nutior it
self; for the railroads are the nation's car
riers, nnd within the nation's reasonable
control. Bo that any difference in rates
permitted by law, even though based on
the bulk of the tonnage handled, is a direct
and effective blow by the nation Itself at
the principle that every man, what ever
his present business size, shnll be given
equal conditions and equal opportunity. To
destroy that principle Is to, destroy com
petition and further concentrate wealth in
fewer hands.
And after all is said. It Is the Individual
man, at the head of his family, that Is the
determining unit of any government that Is
to remain republican; and the only atmos
phere In which the Individual man will con
tinue to grow to full civic maturity is that
which opens up to him, In all directions, the
avenues to a measurably successful life.
True, men are not bcrn with the same
faculties. Some are born with brain At ted
to organize great enterprises; some with
tulent to hold together and drive forward
enterprises already organized; some with
ability to successfully do only small things
In a small way; tne great majority or us
with ekill only to do that which Is given
us to do. But no man knows, until after
fair trial, what place Is his. And in the
atmosphere of equal conditions ulone will
he find his opportunity for a fair trial.
Uolt on Door of Opportunity.
I have on other occasions pointed out
that the present corporation policy of this
country, that makes the proprietor.-hip in
the country's corporate propel ty lmpoatibie,
except to thpse skilled in eo-calieu metu
ods of finance Is the great iron bar acrosj
the door to individual opportunity. A roll
road policy that Beiects one peison from
anion all the people of a community that
he alone may kurvive; or ono community
from all the communities, that It alone may
prosper, Is a heavy bolt on that door. Botn
polities create Individual cases of wealth,
liut it la not wealth iounded on merit. It
is wealth, rather, by king s prerogative; the
hist through loaning tUt seal ot the state
to enterprUes thai often the conscience of
the flute would spurn, and the second by
using the toll gates on our great highways
to bur out all who do not bring to the gale
keeper the patHword of influence. Both of
theae policies run alhwari that law of
natural selection that hitherto has determ
ined among us the measure of each indi
vidual's success.- Both are unjust. Both
are unrepubllcan. Both must go. The new
nation now riBlng will have neither. To
tach of the chlldien of the new nation the
ii,Hnttril command in: Go forth. Inrie.su
I ami multiply; und it in the first business of
tlie nation to nee to n mai wun xnim com
mand be given the equal nonditlons on
which, alone, it can be fulfilled.
No one, It seems to me, o, ght to be more
deeply intcrcBted in the agitation now
going on than the railroad men themselves.
Tlie agitation t least ho far as It Is a sane
agitation is not against the railroads. The
b.kiiulion Is ugatnut abuses that have grown
were submitted to the court. The ques
tions are as to . whether the two houses of
the general' assembly In Joint convention
can. legally adopt the Alexander report;
whether the Joint convention can legally de
clare a vacancy to exist In the office of
governor, and whether the Joint convention
In the event of the adoption of the Alex
ander report, can legally decide who is en
titled to the office of governor, "or does the
constitution of Colorado provide in such an
event who Is entitled to such office, and If
so what person Is so entitled under the
said constitution?"
The petition of the Joint assembly con
cernlng the contest was Aled with the su
preme court this afternoon and the court
directed the assembly to have attorneys ap
pear before it tomorrow morning and argue
the merits of the petition. Tho court will
then decide whether or not It will answer
the interrogations submitted as a part of
the petition. ,
The supporters of Governor Adams are
much wrought up over a report being clr
culated In the east that the democratic
members of tlie Joint assembly are prepar
lng to vote for Lieutenant Governor Mo
Donald should the supreme court decide
that he can legally hold the office. They
requested the Associated Press tonight to
say that under no circumstances would
they vote for anyone else but Adams so
long as he remains in the race.
HIGH WATER INWEST VIRGINIA
Mononsrahela Reaches a Stage 'of
Twenty-Six Feet at' Mor-gan'own.
MORGANTOWN, W. Va., March 10. No
flood since 1R88 has wrought the damage
done b high waters here today. The
Monongahela river reached a stage of
twenty-six feet. The Baltimore & Ohio
and Mnrgantown & Klngwood railroads
were both paralyzed In this vicinity today,
It will be at least four days before trains
can bo run on" the Morgantown King
wood road. The Standard Oil 'company
pumping station has six feet of water In It
and will be unable to resume for a week. It
Is said that lock dam No. 11 on the Monon
gnhela Is In danger of destruction. The
life reported lost Is Lawrence of Dellsslow
who. It is thought, has fallen Into the
creek and drowned.
(Continued on Third Page.)
SEERLEY HAS NARROW ESCAPE
Supposed Mnnlao Snaps Revolver
Three Times at Former Iowa
Congressman.
BURLINGTON, la., March lO.-Hon. J.
J. Seerley, formerly congressman and one
of the best known politicians and attorneys
In Iowa, had a narrow escape from death
at the hands of an asstseln tonight as he
was leaving his office for home. A stranger
approached him and with an oath said
that ha was going to kill him. at the same
time pointing a revolver at his head. He
snapped the weapon wo or three times,
but it failed to go off, and the fellow, at
tacked by a bystander, abandoned his at
tempt and ran. He Is supposed to have
been a maniac. One suspect has been ar
rested.
Movements of Ocean Vessels March 10,
At Liverpool Arrived: Baltic, from New
York; liaverford, from Philadelphia; Cym
ric, from Boston. Sailed: Georglc, for New
York.
At Glasgow Arrived: Siberian, from
Philadelphia
At Hamburg Arrived: Graf Waldersee,
from New York.
At Genoa Arrived: Republic, from New
York. Hulled: Clttl dl Reggio, for New
York.
At (Tnpenhugen Sailed: llelllg Olav, for
New York.
At Movllle Sailed: Tunisian, for St. John,
N. B.
At PI vmouth Arrived: Bluecher, from
New York.
At Havre Arrived: La Bretagne, from
Nw York
At Naplee Arrived: Welma, from New
Tork, for Genoa.
OFFICIALS GET ONE WORE YEAR TO SERVE
Chief Justice Eolcomb Will Ba One of the
Beneficiaries of BilL
SENATE CUTS OUT THE KENNAFO CLAIM
House Puts in Most of Cay Discussing
Appropriations.
FEW CHANGES IN THE COMMITTEE BILL
Fisher Claim for ll,(W0 Is Rrjerted
by the Committee, Ills Expla
nation of Amount Ilelna
I nan lis factory.
(From a 8tatt Correspondent.)
LINCOLN, Murth M. iSpeciul.) Tha
erry-Warncr biennial election bill . was
reeommciniod for pastui;c 111 the house to
day. L ntier the provisions of tins measure
(V-year elections arc abolished. All eloc-
loiis of suite and county officers will,
therefore, full on tho same date of thu
same (even) year. By this process thou
officers whose terms t-xplied under the old
law In an odd numbered year will be con
tinued one year in office. In order that the
law may go into effect this year. Among
the bcnertcliirh-R of this contingency woull
be Chief Justice Holiomb of tho supreme
court and Kdson Rich und J. L. Teeters of
Omaha and Lincoln respectively, members
of the Board of Regents of he university.
The vote on tho recommendation oi tnis
bill was unanimous. Wilson ot Pawnee la ,
speech questioned the expediency of
such a departure from the present system,
but ho did not oppose the bill. Ho thought
it would be dangerous to disturb the equil
ibrium of county government where some
officials hold ofilce for more than two
j ears. He feared the stundurd of service
might be impaired.
Finance and Rallrond Dills.
Both house and senate spent a great por
tion of the day with matters of tlnance. In
fact the house devoted almost the entire
day to tho general appropriation bill.
whose grand total of Sl,80O,u0t was not
vitully altered. This bill, with the do
Aciency claims bill of Vm.ufy), was recom
mended for pusBHge ut 4 p. in., having been
under -conslueratlon since 10:30 as a spe
cial ordqr.
The senate registered Its opposition to the
tncicuse of salaries of state officials as
hud been provided for in tho salaries bill
lor deputies.
The senate before leaving the matter of
finance adopted the recommendation of the
Judiciary committee, which Indefinitely
postponed the bill appropriating S10.0UO to
Thomua P. Kcnnard to reimburse him for
money he claims to have spent out of his
own pocket us secretary of state In se
curing a claim from the general govern
ment. A persistent Aght has been made for
this claim which had an unsuccessful in
ning in the legislature back In 1SS9. Then,
as now, Its defeat was due largely to the
ceaseless opposition of Senator Cady of
Howard. Cady was in the legislature la
It was a matter of some disappointment
that the house railroad committee's report
on the four anti-pass bills and the two
maximum freight rate bills was not pre
sented so that It might have been acted on
today. The four anti-pass bills are to bo
recommended for indefinite postponement
and the rate bills allowed to come back
without recommendation. Of course the
longer these bills are delayed the more
remote will be the chances of pulling any
of them through. The idea is to consider
the maximum rate bills with the commod
ity rale bill. No one has yet been found
who intends ilguhting for the anil-puss
bills. i
Fisher's Claim Rejected.
Captain aiiuu U. Tisuei will not "get the
li,Dtu tiu luiKiiu uie ieislutuie lor ni lue
Ciaiui suumnieu in the cieiieaLaa taiiu cusa.
lub uiainui comiiimee, ot wiucit Ueirica ot
jork lb cnuu man, loUuy voted tu lejeot
tiiu claim,
'Hub terminates a prolonged effort to se
cure a legislative appropriation lor which
three successive legislatures liuve, tailed to
uiBouver any wariunl. Tne claimant ap
peared before tlie claims committee
Vveuiieuday night at the Llnuell hotel and
enueavorud to state hia case so that tlie
committee euula bee the wisdom ot grant
ing the cialm, Put he failed aosoiuiely, and
now it is supposed the matter will not
ain come. ui, itttui not utriuia titu
legislature. Captain Fisher usked the com
mittee to act upon the claim in such a
manner as to enable him to sue the slate
for tho amount of his claim, but this the
committee did not see At to do. The coin-,
mittee made its investigation along lines
which satisfied It that the claim should
never be allowed.
Briefly stated, the history of this case is:
A few years ago Albert Goedde, a furmer
In Bloux county, died, possessed ot a section,
of land thero and his only heirs were a
sister and a brother in Germany. Fisher
became their attorney In the escheat case
and was to get all over $1,000 of the ap
praised valuation of the laud. According
to original reports and records which are
oh Ale in the state house, the value was
Axed at $l,6oo. Fisher submitted his claim
for fX.OOu at the legislature of luol and
again In 1103, and this yeur for $ll,&00. Each
lime the claim hus been rejected.
This verbatim question was' asked Cap
tain Fisher at the recent hearing:
"Will you state to this committee the
reason why this claim that you Alod be
fore the claims committee four years ago
culls for only ts.COu and the claim now
for $11,600?"
His answer was:
"Yes, sir, I will. At the time that I
prepared the claim for IS.tfXi, to which is
attached the certified copy of the record,
there was not, to my knowledge, any ap
praisement yet made or I would have at
tached the appraisement for whatever tint
amount was."
Where Difference Comes In.
Again, this question was asked Flatter:
"Will you state to tlilu committee why
there Is a difference of $10,000 between the
affidavit that Is furnished this committed
by the clerk of the district court and this
claim that is flled by you?"
Tho answer wasN
"Tho difference 1h because the clerk madd
this affidavit, sir. That is all the differ
ence, i ne original paper on mo says 9u,au,j
In the t h-ik'i office." .
Further on, in aiicwer to another question,
Fisher as;
"Why, I base the claim for $ll,5u0 that I
swore to there on the fact Unit I know
that the appraisement wus $11, 5u), and 1
hud a certified copy in my pobhi sslon in
February, 1W- In February, hml, I flled fear
i