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Carpenter's Panama Letters,
Next Sunday's Bee.
The Omaha Daily
Bee.
Sherlock Holmes' Mystery,
Next Sunday's Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, THURSDAY MORNING,' MARCH 10, 1905 TEN PAGES.
SINGLE COPY THREE CENTS.
JAPS TAKE
TIE PASS
Eepert from ew Chwang that They Ooco
pled Place at Midnight.
PROBABLE SUCCESSOR OF KOUROPATKIN
Bttmor from St. Petersburg that Grand
Sake Hicholu Will 'Take Coir . .L
ARRANGING TO RECEIVE THE P DONERS
Japanese Proriding Quarter fo. 43,000
Men is Twentj Ganison Tor i
VESSELS OF JAPAN ARE AT SINGAPORE
Pear Cruisers Are Reported i fay
from East aad Approaching;
Station of Russian
Seoond Sqnndrou.
' BULLETIN.
RBW CHWAJTO, Mareh 18. The Jap
anese eecupled Tla Pas Wednesday
antdntn-ht.
It:
ST. PETERSBURG!, March lS.-Oeneral
Kouropatkln, In a dispatch dated March 14.
aay that "a naroe Japanese attack on the
center of ou; positions at the Fan river
(about thirteen mile south of Tie Pass)
ha been repulsed. Mora than 1.000 corpses
remain In front of our nnritloni"
Morning- Flanking- tactics by the Japan
ese apparently are In progress again. The
Associated Press correspondent who re
main at Tie Pass telegraphing that Gen
eral Mletchenko, on March 14, engaged a
Japanese force on the Russian right. It Is
possible that the attacking force was a
Japanese column whlah disappeared from
observation during the ' battle of Mukden.
iv TD6 Japanese ao not appear to have re-
y'ji k f newed the frontal attack up to noon yea-
f.; V teroay, the demonstration on Tuesday hav-tJm-k-.g
.shown that the Russians wore prepared
to make a determined resistance.
Tie. censor ofllce has already been re
moved to Santoune. a . nolnt ' elcht miles
north of Tie Pass, and there are Intima
tions that It may soon be established even
farther north. The Associated Press cor
respondent, though saying nothing regard
ing the commissary arrangement for the
troops, declares that the newspaper corre
spondents have practically been starved out
of Tla Pass. ' This may perhaps be an In
dication of the amount, of food available
for the army, Immense quantities of which
were destroyed at Mukden, where practi
cally the entire reserve commissariat had
been accumulated. . ,
Bnnn.net To Japs. ,
According' to Chinese reports the governor
of Mukden gave a banquet In honor of the
JapAnpaa genssnlnms'teaa'helr triumphal nn
trajice Into the. eUy" and a Ruaalaa Journal
ist wires that since the occupation of Muk
den by the Japanese Russia's prestige with
the Chinese has been utterly destroyed. lie
says even a triumphant victory woulu not
restore Russia to the place In the estima
tion of the Chinese which she held a year
ago.
It Is rumored that, an order for another
general mobilisation Is being prepared and
that a new army will be forwarded to Man
churia as fast as possible by railway and
summer steamer , service.
Japanese Cnlirr at Singapore.
Ssq Star. from Singapore says that four Japa
"jjneso cruisers arrived there today from the
jrt-X eastward.
V V A dispatch to Lloyd's dated Singapore.
4 p. rn., say the British steamer Hong
wan I., reports, having paused twenty-two
Japanese warships off Horsburgh, twenty
miles east of Singapore, at the entrance
to the straits of Malacca.
SINGAPORE, March 15. The Japanese
cruisers Kasagl and Chltose and the aux
iliary cruiser Yawata and America ar
rived here today. .
Railroad) Resumes Business.
TIBN T8IN. March 16.-Traln service on
the Ytnkow-Koupacgtse-Blnmlntln railroad
will be resumed tomorrow. It is under
stood that the Japanese have agreed to the
Chinese regulations governing trafflo on
the road.
Bomb Explodes at Moscow.
MOSCOW, Tuesday, March 14. A violent
xlulon occurred In Theater square last
(light, Several persons, one of whom was
Injured by the explosion, were arrested.
i Arranging; for Prisoners.
TOKIO, . March 16. The government Is
arranging quarters for 43,000 Russian pris
oner captured during the battle of Muk
den. .. These will be distributed throughout
twenty garrison towns, the largest numbers
going to Kanaiawa, Kumamoto, Aklta,
Kendal, FUshlinl, Nagoy. Kurume and Fu-kuokiu
m
accessor for Konropatkln.
8T. PETBRSBllRO, March 16. (6:21 p.
m.) H is now dennltely stated that Em
peror. Nicholas ha approved the decision
of the council of war to send Urand Duke
Nicholas Ktoholalevitch to replace General
Kouropakln a the best mean to putting
a stop to the Intrigue and Jealousies among
the general's army, both at Bt. Petersburg
and at the front.
General Soukhorallnofl will be chief of
staff.
While ho further dispatches have been
received from the front to show whether
the renewal ot the righting ct yesterday
was continued today, . there was persistent
report On he Boerse that Lieutenant Gen
eral L4nvltoh has achieved a notable suc
cess against General Nogt, cutting oil and
surrounding two divisions which ' were
marching north to tho west of Tie Pass,
with the vltt to engage In a new turning
movement. The light yesterday indicate
that Field Marshal Oyama la determined
to pursue tli Russian to the bitter end.
Troop tn Better Spirits.
SANTOL'Pt", i March 16. lSoon--A an
gutnary combat occurred on March 14 on
the center advanced line of the Russian
army eight mile south of Tie Pass. The
Russians' repulsed the attack and even
mad a roU advance through a thousand
corpse f Japanese, and advanced a large
force on tb right flank, where General
Mlstchenko, Who ha taken command of hi
dntachmsnC though hi wound hi not yet
heated, 1 holding the Japanese in check
The Rusnlart troop have regained their
normal spirit and tougfet cheerfully.
RUSSIAN LOAN IS REFUSED
French Inderwrltera . ( State
ment of Aetlon te Be Made
Public.
PARIS, March U.. The postponement of
the Russian loun I definitely confirmed.
This 1 likely to exert a powerful Influence
toward peace, as It Is the first time the
French financier have shown an Indisposi
tion to advance funds while the uncertain
ties of war continue.
The following details of the postpone
ment are from an authoritative source:
, A committee representing the syndicate
of French underwriters went to St. Peters
burg to arrange the conditions with the
minister of finance nnd a contract was
drawn up for a 130.0nO.OH0 loan taking the
form of treasury bonds running seven years
at 6 per centum. The contract was then
brought back to Paris for the approval of
all the' underwriters. In the meantime the
disastrous events In Manchuria naturally
aroused doubts on the part of the financiers
as to whether Russia should make peace
or pursue the war. The Influence of the
financial elements was almost unanimous
for peace, but Russia's disinclination to
consider peace appears to have Induced the
decision not to proceed with the contract
and accordingly the signing of which was
expected yesterday has been postponed and
all the pending negotiations are also post
poned. According to the Russian view this does
not mean that the negotiations have been
broken off, tut merely that they are ad
journed as the Russian authorities - say
the syndicate holds Itself bound towards
Russia now as before. However the cir
cumstances of the adjournment tend to
how ' that the syndicate Inclines to wait
for some definite development of peace
before proceeding any furtherj .
It Is authoritatively denied In the high
est Russian quarters that the French gov
ernment' exercised any pressure towards
preventing the Increase of French hold
ings of Russian securities. Nevertheless
It 1 probable that some members of the
government acting Individually voiced the
prevailing view that caution was desirable.
Since M. Rouvler has combined in him
self the presidency of the council of min
ister and the ministry of finance, the gov
ernment has Indirectly exercised strong
Influence on private financial affairs. It
Is significant that the postponement of the
loan Is coincident with a strong movement
of the Influential French press favorable
to peace. The Matin prominently dis
plays a statement believed to reflect the
views of financial circles which declares
that if Japan Is ready to adopt a generous
attitude by waiving an Indemnity or Im
posing any humiliation upon Russia, then
Russia's policy of war to the bitter end
will cease. It is noticeable that some of
the Russian officials speak approvingly
of the latter propositions. They say peace
is Impossible If indemnity or any humili
ating conditions are asked, so that the
elimination of these two points will go far
towards securing favorable consideration
of peace.
The tone of the bourse today wa heavy
owing to the uncertainties of the war. A
strong belief prevailed that peace will fol
low the recent fighting, but this had no
favorable effect on the market as It was
till feared that the peace movement would
prove deceptive. At the close the tone wa
Indecisive and prices were heavy. Russian
Imperial four were quoted at 88.15 and
Russian bonds of 1904 at 503.
ST. PETERSBURG, March 15.-6:46 p. in.
The question of, peace still engrosses pub
lic attention, 'but the attitude of 'the go-
ernmertt appajnflyrirhalh JlfcmT' Minister-
of Railroads Prince Htlkofl In an Inter
view declared he personally would welcome
peace, but It was difficult to see how It was
possible. To" end the war .under the pres
ent circumstances, he Insisted, would be
shameful. A peace which would. Surrender
Russia's position in the far, east after
the sacrifices of blood and treasure made
to attain It and which would involve the
complete loss of Russia's prestige through
out the world would follow. It. was bet
ter to go on fighting. The. country would
never be beaten while an army was in the
field and in the test of endurance Russia's
resources of men and money nyist pre
vail. There had been no relaxation In the
preparations to prosecute the war. .He was
now getting ready to go to Siberia, he
aid, and personally superintend the Im
provement and double tracking of the line.
The prince expressed the hope that the
disaster to the army was not as bad as
represented abroad. He . had received a
business telegram from General Kouro
patkln yesterday which Indicated that the
commander-in-chief was calm' and handling
the' railroad situation skilfully. Personally
the prince wa surprised that Kouropatkln
allowed himself tc be drawn Into a gen
eral engagement at Mukden, a ha knew
the Japanese were In superior numbers
by 75,000 men, besides the Russians had
Chinese under guise of bandits to reckon
with. ,i
DIVISIOI OF CHURCH AND . STATE
Chamber of Deputies Committee He
" ports In Favor of Act.
PARIS, March 15.. The report of the com
mittee of the Chamber of Deputies upon
the bill providing for the separation of
church and stats was 'distributed In the
Chamber today. It elaborfately presents
the relations between the church and the
government since the earliest days, and
says: "We maintain that the sole possible
solution for the interior difficulties growing
out of the. regime of the concordat Is a
loyal and complete separation of church
and state, particularly under the democracy
wherein the existing . universal suffrage
and sovereignty of the, people make the
continuation of a official religion such a de
fiance of logic and good sense that It seem
astonishing that the French republic con
tinued such an equivocal regime during the
Inst thirty-four years."
The report says It is useless to put off the
separation until after the popular election.
as such a delay would be advantageous to
Rome and dangerous to France. More.
over, a popular election upon the subject
would stir up the clerical agitation..
"In passing this law," continues the re
port, "Parliament accord the state Its just
due and at the sam time accords the
church what It ha the right to expect
namely, full liberty to organise, live and
develop, according to It means, without
any restriction save respect for the law
and public order.
Civil Law I Restore.
RIO JANEIRO. March 15.-A decree ha
been Issued terminating the state of mar
tial law Which, wa proclaimed In Rio
Janeiro and It neighborhood November II
a a result af th tasurreciiouarr move
NORWAY WANTS SEPARATION
New Minister untunes Program of
Government,
LHHigiiAniA, juarcn 15. The new
minister, P. C. Mlchaelson, outlined the
government's program In the Storthing to.
day relative to the Sweden and Norway
consular system. H said the new cabinet
was formed to establish the constitutional
right of Norway tq a separate consular
service and to preserve Norway' sover
eignty as a free and independent kingdom.
"W know," he said, "that we have on
our side a united 'Storthing and a united
people. The people of Norway have no
greater desire than to live peaceably and
on good term with everybody, more espe
cially with their Swedish neighbor, so that
they can devot their whole strength to
th development of the natural resource
of our country. I am firmly convinced that
the united and unbending will of our people
will accomplish th desired result."
DOUBTS TilE LOOMS STORY
Thompson Supposed to Be Certain of the
Mexican Mission.
HITCH OVER RURAL MAIL HEADQUARTERS
Wynne Neglects to Slim Order Before
Going; Ont of Office, hot Chances
Are Ills Successor Will
Do So.
From Staff Correspondent.)
WASHINGTON, March 15. (Special Tele
gram.) Persistent rumor are afloat that
Assistant Secretary Loomis, whose health
is not of ,the best, will succeed Minister
Conger at the Mexican capital. This means
that D. E. Thompson of Nebraska, ambas
sador to Brazil, will remain at Rio.
If President Roosevelt has agreed to the
appointment of Assistant Secretary Loomis
as ambassador to Mexico when Conger
quits no one except the president and
Loomis know of this agreement. It was
but a short time ago, not later than last
week, when the president told Senators
Millard and Burkett, who called upon him
In the Interest of Max Baehr, consul at
Clenfuegos, that Ambassador Thompson
was slated for the Mexican mission and
that In consequence of the change Ne
braska had more than Its quota of consular
positions. The president also told this to
Mr. Rosewater when the latter called upon
him In relatlon-to Mr. Baehr, and after a
free conference the president stated that
Mr. Thompson would be appointed to
Mexico as had been mutually agreed upon
months ago.
The rumors, however. In regard to Mr.
Loomis are of a character that wotrid carry
weight if a perfect understanding regard
ing Mr. Thompson had not been so openly
announced. Unless Mr. Thompson has been
consulted In the matter and has acquiesced
in the change It hardly seems possible that
there Is any ground upon which to base the
assertion that Assistant Secretary Loomis
will go to Mexico on the termination of Mr.
Conger's service at that post. Nothing Is
known at the State department regarding
this contemplated change In which has
been . considered the well settled program
of the president.
Of course, now that the Brazilian mission
has been raised to the dignity of an am
bassadorial position It may be that . Mr.
Thompson Is willing to remain In that ca
pacity to the South American republic. He
has been exceptionally fortunate In his re
lations with the people of Brazil and is
making a splendid record there, but his de
sire has always been to be the American
representative, accredited to the Republic
of Mexico, and unless the president has
brought the conditions before Mr. Thomp
son It Is hardly conceivable that the rumors
affecting Mr. Loomis should be seriously
considered. Mr. Loomis Is In California on
a short vacation, but when he left Wash
ington there was no mention whatsoever
that he would leave the State department
for a foreign mission.
Hltrh In Rural Mnil Order.
Complications have arisen in regard to
the location of the western division of the
rural free delivery at Omaha. A tentative
agreement had been, made by former Post
master r-iejaj yrtn ,-wlth h MeBraslHf
delegation that he would sign an order fix
ing the headquarters at Omaha and out
lining In that agreement states to be In
cluded In the new western division, but
Mr. Wynne did not make the order absolute
and the whole question Is now before Post
master General Cortelyou. for settlement.
Senator Burkett, recognising Influences
would be brought to bear upon the post
master general from Kansas City, St. Louis
and other towns In the southwest to re
tain the section of the division at Kansas
City, immediately went to work, backed by
the whole Nebraska delegation, to have
Omaha made division headquarters, and In
this there Is every confidence that he will
be successful, but Mr. Cortelyou desires to
work out the solution of the problem In his
own way. He will not be cajoled or brow
beaten. He believes Omaha deserves the
headquarters by reason of its geographic
location, but he desires to placate as much
as possible rival candidates and today said
he believed everything would come out all
right. A for chief of the division the
postmaster general said, he wrnted a prac
tical man for the place and that he thought
when matters were finally decided there
would be little ground for criticism.
South Dakota Man Robbed.
Charles F. Ehlers of Dakota City, 8. D.,
was the hero of a halrsbreadth escape last
night and only his presence of mind saved
him from Instant death. A negro pick
pocket stole Mr. Ehler's wallet just as the
train was pulling out of the Pennsylvania
railroad station, and after an exciting chase
through the aisle of a crowded car swung
off the platform to the ground. Without a
thought of the consequences Mr. Ehlers
leaped after the fleeing negro. Unaccus
tomed to alighting from moving trains Mr.
Ehlers was thrown across the next track,
rolling over and over between the rails.
At the same moment an incoming train
bore down upon him and he had barely time
to regain his feet and jump toward the
train he had Just left when the engine
whlzxed past. Crouched on hi knee with
barely room for his body between the fast
moving cars, Mr. Ehlers did not dare mov
a muscle until the danger wa over. With
even this great shock a a handicap the
man from South Dakota was not discour
aged, but set off In pursuit of the negro
thief. The latter escaped. In the meantime
the train had been stopped and Mr. Ehlers,
who was a helpless spectator to the excit
ing events, was conducted back to the sta
tion. Mr. and Mr. Ehlers returned to the
home of friends with whom they have been
stopping and this morning resumed their
journey, which had been so unceremoni
ously Interrupted last night. Mr. Ehlers
said that about 83 would cover his loss In
cash, but his pocketbook contained several
valuable paper and checks to hi own and
his wife's trunks, some of which are on the
way to Omaha and others to Chicago.
Postal Matters.
Rural free delivery rout No. 6 I ordered
established April 16 at Fort Dodge, Webster
county, la., serving 550 people, 110 house.
John W. Hughe ha been appointed post
master at Orln. Converse county,. Wyo.,
vice M. G. Howe, resigned.
UNIFORM . DEMURRAGE LAW
Bill Presented to Illinois Legislature
Hat Approval of State
Grain (Dealer.
SPRINGFIELD, In.. March 15.-A bill
drawn up by the Illinois Grain, Dealers' as
sociation, providing for a uniform recipro
cal demurrage law tn this state and re
quiring the Illinois Railroad and Ware
house commission to enforce the provisions
of the measure, wa Introduced In the
house of representatives today. There Is
at present no such law on the statute
books of any of the states. The bill was
drawn after elaborate legal advice. The
bill requires the Railroad and Warehouse
commission to fix storage, demurrage and
car service charges, and to fix the time
after the reception of, freight at destina
tion, when such charges shall be begun.
When a shipper maizes verbal or written
application to a railroad company for a
car to be loaded wiljh freight embraced
In the company's tariff, the company shall
furnish the cars within four days from 7
a. m., the date following such application.
For failure to com pi J the railroad shall
forfeit to the shipper Jll per day per car,
except on shipments ofi coal and enke from
mines and ovens. Shipments must be car
ried forward at a rate of not less than
fifty miles per day ofj twenty-four hours
or the railroad forfeit; to the shipper $1
per car per day and 1 cent per 100 pounds
per day on freight In less than car loads.
On car load freight originating In Illi
nois and shipped on local bills of lading
to a terminal point within this state there
shall be allowed ten days of free time
before application of storage or demurrage
charges. The commission 1s given power
to suspend either partially or wholly op
eration of these rules whenever It shall
appear justice demands such action.
The commission Is given power to impose
fines and penalties It may prescribe on
companies disregarding the articles or fall
ing to furnish reasonable transportation
facilities.
Penalties are provided as follows:
For the first offense, a fine of from $fW
to 11,000; second offense, 11,000 to I5.0U0;
third offense. 15.000 to 110.000: fourth and
subsequent offenses, a fine of 126,000.
MRS. CHADWICK VISITS HOME
Ohio Woman Permitted by Court to
. Select Property Kot Sub
ject to Vary.
' CL.7VELAND, March 15. Mrs. Chadwlck,
accompanied by two deputy United States
marshals, left county Jail today in a closed
carriage and was driven to her old home
for a farewell visit. With the exception
of $500 worth of persons! effects exempt
from the claims of creditors all of the
furnishings and other personal property In
the house will be sold at public auction
by Trustee Loeser next. . Friday. Mrs.
Chadwlck was granted permission by Judge
Taylor, of the federal court, to visit her
home today to decide upon what property
she would retain. It was evidently a trying
ordeal for the convicted r woman." Im
mediately upon entering-- the sumptuously
furnished residence she broke, down and
wept bitterly. It was beellrst visit to
the house since last November, soon after
which she left for New T.'rk where In, (he
foil owing FpnhhQt$'
"WlSen Mrs. Chadwicrhaa finally regained
her composure she began a tour of the
house, selecting such articles as she desired
to keep. Shortly after beginning this task
she encountered Dr. Chadwlck. Husband
and wife at first merely smiled and nodded
and then In a formal way shook hands.
Only a few words were exchanged between
the couple. Dr. Chadwlck had not
previously seen his wife for about two
months, when he last visited at the jail.
MAY VOTE FOR A DEMOCRAT
Republican Speaker of Missouri
House of Representatives So
Goes on Record.
JEFFERSON CITY, Mo March 16.-The
Joint ballot on a United States senator was
still the center of the legislative Interest
today, but It did not break the deadlock.
The first ballot resulted: Spencer, 62 ;
Cockrell, 71; Pettijohn, 16; Bartholdt, 2;
Nlediinghaus, 2. Total vote, 168; necessary
to a choice, 77.
After the result of the first ballot was
announced, a second ballot was ordered,
being the forty-ninth since the beginning
of the deadlock. This ballot resulted:
Spencer, 64; Cockrell, 7; Pettijohn, 16;
Nledrlnghaus, 1. Ossenfort, who had been
supporting Bartholdt, did not vote. There
not being a majority of 77, the vote was
not elective.
Wien the roll call on this ballot was
completed, Speaker Hll arose to explain
his vote. "I have been accused of being
a deserter," he excalmed. "I want to say
to this assembly that as a last expedient
and with the consent of the caucus nomi
nee, I voted for Judge Spencer. I desire
to say that I will be a deserter to the
extent of voting for a democrat before
this assembly adjourns without electing a
senator."
Speaker Hill's announcement was fol
lowed by clamorous cheering, but it ap
parently provoked a storm of Indignation
from the republicans.
Nominations by President.
WASHfcjN'QTON. March 15.-The president
today sent to the senate th following
nominations:
Associate Justice of the Supreme Court
of Arlsona John H. Campbell of Arizona.
Postmasters Iowa: Harry D. Clinton,
Russell. Illinois: E. N. Carter of Oak
land. Nevada: James A. McDonald,
Wadswprth.
Masons nt Yankton.
. TANKTON, 8. D., March IS. (Special.)
Oriental consistory. No. 1, will be In ses
sion all this week In Yankton con
ferring degree and carrying out
th work usual at their regular spring
session. The consistory will meet again
In Yankton In May when Grand Com
mander Richardson of Tennessee will pre-
4, sent and confer degree.
FATAL WATERSPOUT IN TEXAS
Stream Rise Fourteen Feet In Five
Minutes nnd Two Cnmpers
Are Drowned.
AUSTIN, Tex., March 15 A telephone
message received here say that at 8 o'clock
tonight there wa a terrific waterspout at
Lufkln, Burnett county, forty miles above
this city, causing the water to rise In the
river and surrounding creeks at that point
fourteen feet In five minutes, catching half
a dozen campers In the bottoms and drown
ing two of them, four barely escaping with
their lives. Considerable stock was swept
away, the cattle having gathered for the
night In the ehelter of ravines. For thirty
minute hall is reported to have fallen to
the depth of one and a half Inches, with
such force a to wreck many farmhouses
In that section.
WITHDRAW FROM KANSAS FIELD
Standard Oil Company Orders All
Lateral Pipe Lines In Humboldt
Re;lon Taken I p.
HUMBOLDT. Kan., March 16.-An order
wa received today from the Prairie Oil
company to take up all pipe line laterals
of the standard six-Inch main west of the
Santa Fe track between Humboldt and
Chanute, except one. This Is a practical
abandonment of the field.
CHANUTE. Kan., March 15. Acting on
the order of the Prairie Oil company today
all pipe line connections In the west Chan
ute field were cut off, which means with
drawal of a market from all companies In
the Chanute field whose oil texts less than
l degrees. Less than one-third of the
companies oaa market oil.
RAILROADS WIN ONE POINT
Judge Manger Overrules Demurrer to His
Tax Beatraining Order.
STATE MUST NOW MAKE FURTHER SHOWING
Temporary Order Hold Intll After
the Further Step to Be Taken
Are Decided On by
the Counties.
Judge Munger has handed down memo
randum opinion In the United States cir
cuit court overruling the demurrer of tho
attorney general of Nebraska and various
county treasurers of the state tn the rail
way tax Injunction matter.
The several railway companies had se
cured a temporary injunction out of the
United States circuit court, restraining the
tax collecting officials of the various coun
ties of the state of Nebraska from enforc
ing the collection of taxes for 1904 against
the railway companies, the railways holding
that the taxes were illegally assessed. To
this tho various counties entered a de
murrer through Attorney General Norrls
Brown, as the representative of the stato
and various counties.
Judge Munger's opinion is as follows:
bills have been tiled In each of these
cases to restrain the several respondents
as connty treasurers of certain counties
from enforcing the. collection of a portion
of the tax assessment for 14 upon com-
flalnants lines of rnllrnad In this state.
emurrers have been Hied to the respective
bills, nnd s the bills set fortn sub
stantially the same material facts, tho
two cases mo considered as disposed oi
together. The first question Is as to the
Jurisdiction of the court over some of the
respondents for the reason that the amount
in controversy, as to some of the counties
does not exceed J2.000.
Some Counties Exempted.
In determining the amount in contro
versy, which gives the court Jurisdiction,
numerous authorities are cited, and the
opinion goes on saying that in the Union
Pacific cine it follows that the Jurisdic
tion il amount In controversy Is Insufficient
to give the court Jurisdiction and the bill
Is dismissed as agninst the treasurers of
Madison, Valley, Polk, Greeley, Sarpy and
Custer counties, and In the case of the
Chicago, Burlington & Qulncy railroad the
case Is dismissed ns to the treasurers of
the counties of Blaine, Buffalo, Chase,
Colfax, Dawson, Douglas. Garfield, Gos
per, Grant, Hall, Hayes, Merrick, Platte,
Polk, Sarpy fciloux Valley and Wheeler.
As to the remaining resoondents the fol
lowing principles of law are thoroughly
established and applied tn considering the
demurrer:
First, a property owner whose property
Is subject to taxation Is entitled to have In
the valuation of his property for assess
ment the free exercise of the mind and
Judgment of the assessing officers, free
rrom rraua dv coercion.
Becond. while a court of equity will not
enjoin an assessment of property for tax
ation on the ground of ov -valuation or
inequality as compared with the assessment
of other property when such overvaluation
or inequality Is not the intentional act of,
the assessing officer, yet wherever It
appears that such Inequality is the result
of the intentional act of the assessing
officer, a court of equity will grant relief.
'' How to Reach the Value.
Third When the State board ' in asses
sing railroad property takes an a basis in
determining its values the market value
of the stocks and bonds of such railroad
companies, sirrb market values -being en
hanced by many millions of dollar .of
property not used in the actual business of
the company and having a situs outside of
the 'state, without 'deducting, the value, of
sych-property fromr -eitch market value of
trr -wr-OnA AjiJ bvndM, -sucfl aseaBn;vJsi
voia.
The several bills in this case charsre the
fact to be that the members of the state
asseSslns board did not exercise their freo
and Individual Judgment in fixing the value
or complainants railroads, Dut iney were
coerced by outside Influences to arbitrarily
fixing the gross aggregate sum at which all
railroads Tn the state should be valued
and then divided such aggregate amount
among the several railroads according to
the market value of their stocks and bonds.
without deducting- therefrom lands and
Dronertv owned by complainants within the
state which was assessed by local assessors
ana not witnm tne jurisdiction or tne
state board, and several millions of dol
lars of stocks and bonds of other
companies owned and held by the
complainant companies, the value of
which entered Into' and determined the
valuation of stocks and bonds of the com
plainant companies, but which were not
used in the operation of the roads, and
the situs of which was not within the
state.
Such facts belnir alleged In the bills
and admitted by the demurrer, It results
that the demurrers are overruled.
Further Proceedings.
Respondents are given twenty days In
which to answer or elect to stand upon
their demurrers. If they answer, com
olalnants are to nlead thereto within ten
days thereafter. As soon as the issues
are joined tne case win oe reierrea to a
master to take testimony.
If either party desire mat tne evidence
be '.aken .orally, the court will fix a time
within which the respective parties Bhall
take evidence as provided under rule 7.
In the meanwhile the temporary Injunc
tion will stand, and the case will go to
trial on the motion of the railroad com
panies for a perpetual Injunction.
FIND DEAD WOMAN IN A CAB
Man in Dying Condition When
Vehicle Reaches Brooklyn
Police Station.
NEW YORK, Marcn 15. The body of a
woman who had been dead several hours
and a man unconscious and apparently
dying, were found in a cab which was
driven up to a Brooklyn police station on a
gallop early today. The man, who was
suffering from alcoholism and possibly
from the effects of a drug. . may recover.
Both he and the driver of the cab have
been detained by the policei pending an in
vestigation of the affair.
Although the condition of the man was
so serious that he could give the police
little Information which would aid them In
their investigation, he said that hi name
was Thomas De Egan and that he lived
In Monroe street, one of the better class
resldental sections of Brooklyn. The dead
woman, he said, was Miss Mary Save re,
30 years old.' Both De Egan and Miss
Savage were well dressed.
A police surgeon, after cursory examina
tion of Miss Savage's body, decided that
she probably succumbed to a weak heart,
superinduced by alcoholism.
Coroner' Physician Wueat held an au
topsy today on the mody of Mary Savage,
and states that death wa apparently due to
acute alcoholism.
MRS. DUKE WANTS"blVORCE
Woman Who Figured In Sensational
Episode Ask Separation from
Her Husband.
NEW YORK, March 15. Mr. Alice
Webb. Duke, through her counsel, has
brought suit In the supreme court for a
separation from her husband, Brodie L.
Duke, on the ground of abandonment and
non-support.
Duke's marriage to Mrs. Webb a few
weeks ago was followed by a series of
ensatlonal Incidents, Including the con
finement of the groom In a sanitarium for
a time on the allegation of his son that
he was incompetent to manage his affair.
He was subsequently released after the
case had been tried In the supreme court
Later Mrs. Webb was arrested on an In
dictment returned by a Texa grand Jury
charging her with obtaining money under
false pretenses, but she wa soon released
at th request of th Texa authorities.
NEBRASKA WEATHER FORECAST
Cloudy Thnrsdayi Rain In West Por
tion, Wnrmer In Northwest Portion,
Frldny Partly t'loudyi Probnbly
Rein.
Temperature nt Omaha Yesterdnyi
Hour. Dear. Hour. Dea.
a. tn an 1 p. m M
fl n. m an a p. m 5T
T a. m All 3 p. nt 2
" a. m H7 4 p. m (VI
a. m , ."W (1 p. m M
10 a. m 4ii a p. m no
11 a. n 42 7 p. m KM
13 m 4a H p. m fill
9 p. m A3
MAYOR MOORESJMARRIES AGAIN
Miss Mary Reojlnu Malone Become
Wife of Omnha's Executive at
Phoenix, Arlsona.
"Mrs. James Malone announces the mar
riage of her daughter. Mary Reglna, to
Mr. Frank E. Moores, Wednesday, March
15, at Phoenix, Arlt."
This simple announcement comes from
the home of the bride's mother. It will
hardly be a surprise tq the Intimate friends
of the parties, however much the general
public may be astonished. Miss Malone
has been associated with the mayor ever
since he has been In the office, being made
private secretary with the beginning of his
second term, and as such has become quite
well known to the public. Her unfailing
tact and address have made her decidedly
popular with those who had business with
the city's executive, while her assistance
In the office has been Invaluable to him.
Colonel Moores has been a widower for
nearly seven years, his first wife having
been killed In a runaway accident during
the fall of 1898. His family consists of n
son and two grown daughters. Mayor
Moores has been at Phoenix for several
months for the benefit of his health, which
at last reports had much improved. Miss
Malone left Omaha last week to Join him.
FINISH WORK 0NCITY CHARTER
Committee Aarrees to Favorably Re
port the Measure This
Morning;.
(From a Staff Correspondent.)
LINCOLN, March 15.-(Special Telegram.)
The house committee on cities and towns,
of which Lee of Douglas Is chairman and
Andersen and Muxen members, finished
work on the Omaha charter bill tonight
and decided to report it back for passago
In the morning. City Attorney Breen of
Omaha addressed the committee. The com
mittee voted to leave the specifications for
paving In the hands of the city engineer.
It adopted an emasculated amendment re
garding the comparative circulation of the
newspapers, cutting out the provision that
street sales shall not constitute a part of
the circulation. This amendment, as sub
mitted, was bitterly fought by Dodga,
Clarke and Saunders of Douglas. They left
an ultimatum with the committee that un
less- the thing was done as they wished they
would defeat the bill in the house. All pav
ing material except asphalt shall be desig
nated in the specifications.
DETECTIVES' , MOUTHS CLOSED
Me PTestsg' lnford Mystery at
4 " Honolulu ' Are' Ordered Wof j ' -to
Talk.
HONOLULU. March 14. (10.10 p. m.)-It
was learned tonight that some action will
probably be taken at San Francisco, after
the arrival of the detectives detailed there
to investigate the. recent death of Mrs.
Stanford In this city.
Captain . Callundan, when asked tonight
If this action would be along criminal lines.
replied that all. the Work of the detectives
was along criminal lines.
Both the detectives now here when Inter
viewed tonight stated that they had posi
tive Instructions not to talk about this
cape. .This caution was probably received
from San Francisco today, a statement
from the detective having been promised
for today. Both refuse to discuss Prof.
Jordan' opinion that Mr. Stanford's death
wag) not due to strychnine poisoning. It Is
now believed that if the death had been
natural this conclusion would have been an
nounced in due course by the detectives, as
their attitude and replies to questions Indi
cate strongly, possibilities that a murder
charge will be made against someone. The
detective today cabled a long mecsag to
San Francisco.
LONGER LIFE FOR CONVICTS
Negro Man and White Womnn Given
Chance to Appenr In
Court.
HARRIBBURG, Pa., March IS.-The
Pennsylvania supreme court having de
cided yesterday to send the case of Samuel
Greaaon, colored, under sentence of death
In Reading for the murder of John Ed
wards In 1901, back to the Berks county
court, the Board of Pardons today granted
a continuance In his case and also in that
of Mrs. Kate Edwards, white, who Is also
condemned to death for the same crime.
At the February session of the pardon
board the condemned couple were retrieved
until ten days after the present meeting of
the board, so that the attorneys could
again take the case of Greason before the
supremo court. The decision of the board
today acta as a stay, pending the dlspcaal
of the case by the Berks county court.
REPAIR LENAAJMARE ISLAND
President Refuses to Permit Russians
to Employ Private Com.
pany to Do Work.
VALLEJO, Cal., March 15,-The plans
of the Russian government to have the
Russian cruiser Lena, which has been
lying at the Mare Island Nnvy yard for
many months, repaired at the Union
Iron works, San Francisco, have been
abandoned, a President Roosevelt would
not give the desired permission. The work
will be done at Mre Island by the regular
yard employe.
The boilers of the Lena are to be re-
tubed, and the pump repaired, and there
is a great dal of other works. Two
months' time will be required to complete
the roairs.
Mnv.m.Bti of Oeenn Vessels March tn.
At New York Arrived: Finland, from
Antwerp; Prln Oscar, from Genoa. Sailed:
Oceanic, for Liverpool; Nord America, for
Naples; Oscar 11. for Chrlstianla.
At Hong Kong Arrived: Empress of
China, from Vancouver.
At Bremen Arrived: Kaiser Wilhelm der
Gross, from New York.
At Copenhagen Arrived: United States,
from New York.
At Queenstown Arrived: Tuetonlc, from
Nerv York.
At Genoa Arrived : Prlns Albert, from
New York. Bulhd; Hlcllla, from New York.
At Antwerp Sailed; Lake Michigan, from
Halifax.
At Alexandria Arrived: Republic, from
Now York.
At Iiulon Arrived: Menominee, from
Ne'v York.
At Liverpool Sailed: Baltic, from New
York.
RAILROAD BILLS DIE
Senate f rooeeds to Asphyxiate a Few the
Companies Object To.
HOUSE STILL HAS TWO ON ITS CALENDAR
Commodity Bate and Caldwell Maximum
Bate on General Tile,
HOUSE BUSY WITH FRATERNAL BILL
Debate on Measure Takes Up Qreater For
tion of the Day.
EIGHTY-FIVE PER CENT IS TO GOVERN
Senator Morkett Takes a Shot at m
Lincoln Pnprr and Senator Jones
Gives Alt of Them
n Shot.
(From a Staff Correspondent.) ' '
LINCOLN. March 16. (Special Telegram.)
One by one the bills aimed at railroad
regulation are being consigned to oblivion.
Before the legislature -now but two meas
ure of this character, that Is, two of ny
vital Import, remain. These are the com
modity nnd Caldwell maximum freight
rate bills, Introduced In tho house and on
general file In that branch. The senate
today killed the lnterurban railroad bill,
the Wllsey bill regulating th speed of
trains, the bill repealing the fellow servant
law. Only the Wllsey bill. In it last form,
was not opposed by the railroads. It with
the others were persistently fought until
the railroads succeeded In amending th
bill so as to destroy Its force and effect
and then the author requested It be de
feated. One bill relating to railroads, how
ever, did receive favorable action. That
was the Sheldon bill repealing the maxi
mum freight rate law. But this measure,
instead of being opposed by the railroad,
had their united support.
The house having killed off all the anti
pass bills and other measures calculated
to regulate railroad , operation and taxa
tion, except the two 'freight rate bills, put
In almost the entire day on the compromise
fraternal Insurance bill. From 10 in the
morning until 4:80 In the afternoon the
house. In committee of the whole, debated
this measure, which was amended two or
three times. Time and again speakers In
their fervor and eloquence proclaimed this
the most Important bill before the legisla
ture or that had been before It,
After the Newspapers.
While the house was debating the Insur
ance bill the senate opened the proceeding
with a ringing denunciation by Mockett of
Lancaster of a Lincoln morning paper
which criticised legislators for accepting
and using free railroad transportation and
the railroads for donating them. Jones of
Otoe, while the limelight was brightest,
rushed Into Its blase and proceeded to con
demn and denounce the press In general.
The Incongruity ' of the - phllllplc caused
much surprise and some amusement. It "
jimi.ti j. .1... I. .1 .
jusuiyiis uyermae -wfrta ; me , Mocaei v ar
raignment of a particular paper for a par-'
tlcular article.
The compromise fraternal Insurance bill
came from th house Insurance committee
and provided that 80 per cent of the mem
bership should ' constitute the governing
body, the prime motive of the bill being to
establish a representative form of govern
ment. This was originally the fraternal
congress bill, which provided a mere ma
jority should rule. To placate the friends
of the Kyd bill, which provided a 96 per
cent basis of authority and was defeated,
the per cent was raised by the committee
to 80. An amendment In the house today
was offered by Kyd to substitute his 95 per
cent and another by McMullen to make It
100 per cent. Both were lost, or' rather the
Kyd amendment carried and later was sup
planted by an adroit amendment got up by
Clarke of Douglas making the basis of gov
ernment 85 per cent of the membership.
This stood and the bill was thus ordered
engrossed for the third reading.
Property to Be Taxed.
Another vital feature of the bill a It
came from the committee exempted fra
ternal Insurance companies and their prop
erty from taxation. Dodge, Clarke and An
derson of Douglas fought this provision on
the ground that It would Impose a gross
Injustice on other property owners, since
the Insurance companies owned much val
uable property which was paying big divi
dends. They had In mind particularly tha
valuable ofllce building of the Woodmen of
the World In Omaha. They pleaded that
the companies were not charitable Institu
tions and should not be admitted to th
benefits falling to such organizations or
bodies. The provision was knocked out by
an amendment by Dodge.
enatora Discuss Railroad Bills.
The senate tonight in a secretcaucus
with a eergeant-at-arm to guard to door,
discussed two railroad measures and ad
journed without taking format action until
tomorrow night, when another secret ses
sion will be held. The measures under dls
cussion were the two railroad commission
bills by Cady and Sheldon. Koch ha for
its purpose the creation of a railroad
commission to serve until a board can be
elected, after the adoption of a constitu
tional amendment. The Cady bill provide
the commission shall . consist of the at
attorney general treasurer and land com
missioner, who shall appoint tnree secre
taries. The Sheldon bill provides th com
mission hall consist of the governor, treas
urer and attorney general. The sentiment
wa in favor of pasnlng one of the bill and
Cady's measure had the preference.
Objections were made to the governor
serving on such a board, for It waa the
sentiment of many that he already had suf
ficient work to do, while other objeoted
to the attorney general because, he will
have to do the prosecuting for the board.
The real objection to the Sheldon measure
was, however, that It give too much au
thority to the board and Jt waa the senti
ment of the meeting that it was too rad
ical. Senator Wall presided at the meeting and
all members of the senate were present.
ROl'TIXE PRO KE DINGS OF SENATE
newspapers Come Ip for Condemnu
tlou of Senntors.
(From a Staff Correspondent.)
LINCOLN, March 15. (Special.) Stung
by an editorial In the morning State Jour
nal notifying the member of the legisla
ture that the Ager pass Interview was.
Intended not only to punish Mr. Errst, but
to give notice to the members that unless
they remain safely In the corporation fold
their iiurneji will be published with the
number of their annuals, und pretendlhg
fear that the editorial might Injure the
chances of Lincoln Institutions In secur
ing larger appropriations, Seimtoi Mockett
tills morning, rlulng to a (im-stUn of per
sonal privilege, denounced the,' paper a
naimlist and not refloating th Mutlmeau
rVT""