Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 23, 1905, Image 1

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    For News Quality and Quantity
The Bee Greatly Excels.
The Omaha Daily
Omaha's Preferred Advertising
Medium is The Bee.
single copy tiu:i:e CENTS.
Reused Lis: of the Yistimi of Wreck of
the Twentietk Century Limited.
Victim An Kearly ill If en, Most of Then
Prominent is Business Affair.
Story that Youth Opened Bwitch When He
Thought He Wu Closing It
K tri pe ro r Take Part la Great
''icllaloa pnilid aad Re- ,
tlrwt Troops. '
President Expected to Gire Out Important
Information Today.
Riulti Ambassador at Wliblmloi
Mill Sot Be Oae of the Pleal
poteatlartea to Talk
f Ending Mar.
rat Will Br gin Monday Moral!
t PalnsvUle Sale of Tick
eta for Trala Rot
CLEVELAND. O.. June 22. The list of
fatalities In last night's wreck of the Twen
tieth Century flyer on the Lake Shore
railway at Mentor, O., la one of the larg
est in the history of that road, numbering
nineteen persons All the victims were
prominent in the business and professional
world in New York, Chlc.go, Cleveland
and other cities.
The lift of dead and injured a compiled
by the officials of the Lake Shore company
it a follows;
The dead passenger :
JOHN R. PKNNETT, attorney, SI Nas
sau street. New York.
JOHN A. bHADLET of the law firm of
Rowley, Rogers, Bradley A Rockwell.
Akron, O.
T. K. MORGAN, second vice president
of the Wellman, Seavers-Morgan company,
C. H. V'EUJIAN of the Wellman, Beav
ers-Morgan company, iieveiana, aiea in
A. L. ROGERS of New York City, rep
resentative of the Piatt Iron works of Day
ton, O., died In hospital.
8. C. BKCKW1TH. No US. 'Hie Hundred
and Seventy-fourth street. New York.
A. H. HEAD. London. Ejilnd. represen
ts Uve of the Otis Steel company of Cleve
land, died In hospital.
H. H. WRIGHT, secretary Featherstone
Foundry company, Chicago,
D. E. ARTHUR, traveling
waukee. died in hospital.
J. H. Gir.SuN, Chicago, traveling man.
died in hospital. Cleveland.
H. C. MECHLINO, New York, with the
Wheeling Corrugated Iron company.
U. M. EIRICK. manager Keith s theater.
Cleveland, killed In wreck.
E. E. NAUGLE. Chicago, proprietor of
a railway supply house, killed In wreek.
ti vet unidentified dead, supposed
to be L A. Johnson of the millinery firm
of Corner & Johnson, Cleveland, ana wenry
Trtns, the barber on the train.
Em doves:
ALLEN TYLER, engineer, Collinwood.
r A In hnsnlLal.
P. J. BRANT, head J012 Ash
street. Erie. Pa , died in hospital.
N. B. WALTERS. bmeman. Ham
burg. N. T.. died in Hospital.
VI. A. June 22 Amid accompaniments
of m al pomp and circumstance, the
aged . ror of Austria, king of Hungary
and Boi.emla. etc., Francis Joseph, took
part In the yearly corpus chrlsti procession
in Vienna today. His majesty was creeled
enthusiastically by his people as he was
driven through the streets of the inner
city, but It was the universal dictum of
the Viennese that their emperor had aged
greatly since the-v last saw him oarllcipate
In this ceremony two year ago. and the WASHINGTON, June -ln official ani
appearance of his majesty, who will. If he j diplomatic circles the return of the presi
llves, celebrate the sixtieth anniversary of j dent is awaited with great interest because
Ms ascension to the throne In 1. Fug- of the understanding that In case there has
gested to many minds that this may I l-een any new definite step In the peace
the last time the venerable monarch will ne go'.iations it would be announced in a
appear before Ms people as a participant i statement from tlie White House.
In this beautiful festival of the Catholic Secretary Hay has a number of cable
church. I grams from Toklo and 8t. Petersburg which
Beginning with the earliest morning j he will take to the White House lomor
hours, the streets of the inner city of I row, and a conference on the general situa
Vlenna were filled with movement and life j Hon and the outlook for an armistice will
In expectation of the coming procession i follow. In the absence of the president,
and by 7 o'clock windows, balconies and J Secretary Hay has been In charge of the
stands along the line of march were nt gotiations. but all information on the
crowded with people. T!
orated with flairs, houg
streets w. re dec- j subject has been withheld at the State de
s of trees and : partmer.t.
many colored hangings and at convenient
places temporary open-air altars had been
Ih spite their strong belie f that It would
greatly further the cause of peace If the
belligerents, would avoid a clash between
died In hoa-
man, Mil
The procession started from the Hofburg. i their armies, pending the Washington con-
proceeded to the cathedral on the Stefans I ference. the president and Secretary Hay
plan, where the religious ceremonies were , are aware of the wish of the Japanese that
held and then returned to the Hofburg. j
Gorgeous colors, crimson, go'd ar.d
silver, magnificent uniforms and trappings,
glowing tunics, the clanking march of sol
diers and the silent tread of the clergy In
strange contrast, the flashing of Jewels and
before assenting to an armistice, it receive
more definite assurances regarding Russia s
Mr. Takahlra, the Japenese minister, is
expected to return to Washington tomor
row, and Sir Mortimer Durand, the British
the glsre in the sunlight of the white robes ambassador, will be in Washington by the
of priests, barliarlc and brilliant splendor I end of the week.
and silent prayers marked the progress of j Xo assistance is expected In Washtng
the sacred and military procession in honor j ton from the London government In whal
of the consecrated host. The lesser clergy j ,vt,r efforts the president may initiate to
came first, then equerries, pages and others , bring- about an immediate armistice or to
of the Imperial household. Kettle drum
mers In gala uniform, the court chamber
lains, many high personapes of state, gen
prevent a clash before the convening of
the Washington conference. While the
London government as an ally of Japan
erais ana otner r.ign min-.ary omcers ioi- , haJ Bhc,,. itm.n m hearty sympathy with
lowed. The host was bom by the arch- j ,he prt,,,ldent's rPo41ry t0 t,ring the belligcr
blshop of Vienna, surrounded by prelates , ent tpgetk. feeU tnat lt cannot un.
of the church, and after him came the em- ,,,., , ., .ri.,ic. t thi.
peror. In former years lt was the custom
of his majesty to walk, but now because of
his age he rides. Today he appeared in a
gala coach, drawn by eight of the royal
white horses, and accompanied by Arch
duke Frans Ferdinand, the successor to
Rimora from the Front.
FT. PETERSBURG. June 232:10 a. m
News from the battlefield is exceedingly
meagre. A press telegram of Tuesday's
the throne. The other archdukes, all !! ..-awe,...
magnificent uniforms, were In royal car-
rlages and came after his majesty.
The procession marched to the main en
trance of the cathedral and went In
through the broad doors facing on the
Ftefans plats.. After the religious cere-
there are rumors in the city that the Rus
sian army l retreating; but the latest dis
patches received from Lieutenant General
Linevitch bearing the same date declared
j briefly that the Japanese advance had
; paused. A dispatch from Gunshu pass of
monies lt took Its way back to the Hof- Wednesdays date says that the operations
burg over another line of march in order J of the Japanese apparently endesd after
to give the people of the city increased op- the last fight and they appeared to be
W. D. MICKEY, porter on t-uiiman car.
Chicago, died at scene of wreck.
Injured passengers:
J H. Langdon. Chicago.
R. C. Cordeauh, Day cottage. Highland,
il.' J. Kennedy, San Francisco, slightly
bart; lewvoa fur Europe. Tuesday.
Kate Trott, Chicago.
Mrs. H. D. Turner, nervous chock.
Theodore KeuhL 1511 Wolfram street, Chi
cago, severe shock.
W. H. Colvin, Chicago, thought not to be
George Murray. 1018 George street, Bt.
Louis, thought not to be seriously hurt.
A. Dickinson. 66 Marquette building,
Chicago, knee wrenched.
Nathan Allen, Kenosha, Wis., back
slightly Injured
6 T Katy. 602 Paulina street, Chicago,
pain in chest and back.
Injured employe:
A. P. Gorbam, fireman, Collinwood, O.,
side Injured.
As to who Is responsible for the open
switch which was the cause of the wreck
the railroad officials are still uncertain.
They believe that the wreck is the result of
either a maniac who wanted to see a wreck
of uch a fast train or some person bent
upon revenge. A careful examination of
the switch today showed that It was In
perfect condition.
Detertlrei Are at Warlc
Detectives are working on the ease.
Trainmen are or me opinion uimi io crew
of the Twentieth Century was dece'ved by
a aecond white light 100 feet beyond the
witch which was open, but while traveling
at such fast speed were unable to gauge
the distance and mistook the second light
far the first one.
W. H. Marshall, general manager of the
Lake Shore, believes the speed of the train
5v as not a contributory cause to the wreck.
!e said that other Lake Shore trains travel
through Mentor at a speed equal to that
attained by the Twentieth Century last
eight, which was not. Mr. Marshall said,
above the rate of sixty miles an hour. The
schedule for the train called for a speed
of flfty-eeen miles an hour at that point.
The wreck had no effect on the sale f
tickets for the same train tonight, the full
quota allotted to this city having been solj
long before the time for the train's de
parture. Coroner York of Ike county announced
this evening that the Inquest would bejla
next Monuay morning at t o"clock at the
oourtbouse In PalnesvlUe. He says he will
summon officials of the railroad company
to testify.
Boy Probably to Blasue.
It is probable that Investigation tomorrow
will develop that a boy 14 years old med
dled with the switch at the Mentor station
lust night and caused the wreck of the
Twentieth Certury flyer. William Veher.
ticket atent of the Nlckle Plate, and James
Barnes of Wllloughby were on the scene of
the wreck twenty minutes after the wrerk
happened. On tl.e way they met a boy
carrying a lantern. They questioned hln
and he said that he had been down to shut
a switch. The men went to the scene of
the wreck and found the switch open, but
locked. The men are of the opinion that
the boy thought that there was a freight
ahead of the Twentieth Century and opened
the switch to let lt through and take a sid
ing, and that he meant to open the switch
Instead of closing it.
portunltles to witness Its glittering pag
eantry. From one of the balconies of the
palace the procession was witnessed by the
archduchesses and their children.
The ceremonies came to an end with the
review, by Ms majesty, of the troops which
had taken part therein.
Geaeral Hays Great Britain Will
Hate to Fta-nt for Possession
of India.
LONDON. June 2. General Lord Kitch
ener, commander-in-chief of the Brltis.i
forces in India, seems to resrd as iner-
Itable a great struggle with Russia for the the -rrival of Baron Rosen, his successor,
possession of India, and to believe that the 1 From independent sources the Associated
existing arrangements for the defense of j Pre8S confirms the statement of the Russ
the Indian empire are altogether obsol-te I l,'Bt Count Casinl will have no part in the
and ineffective. These views form the strik- I Ice negotiations.
merely clearing their Immediate front.
It is probable that the Russian advanced
lines are crossing the railroad and will
continue their retirement more or less hur
riedly in order to avoid being flanked and
pocketed until the positions at Slpinghai
are reached. The main forces seemingly
are not yet in collision.
Colonel Todygensky. one of the corre
spondents of the Associated Press, died
at Harbin of blood poisoning.
Caaslal lakes .No Part.
The Russ says it Is authorized to say
that Count Caasini, the retiring Russian
ambassador at Washington, will not par
ticipate in the peace negotiations, but will
leave the United States immediately upon
MltrheU'a l.w Pariaer Telia of Con
tract with Krebetaad of DliUloa
of Klrm'a sarnlna;a.
PORTLAND, Ore . June r. The exami
nation of Judge Albert H Tanner was con
tinued ,by the prosecution today In the
trial of United States Senator John II.
Mitchell. Tanner Identified checks id by
Frederick A. Krebs to Tamer and letters
that passed between himself and Senator
Mitchell relative to their practices before
the land department. Lett. ts showing that
Mitchell received each mnth his share of
the firm's earnings, which was one-half
of the net ree-elpts. and that the money
paid by Krebs to Tanner entered Into the
funds divided at the end of each month
was offered in evidence. A letter from
Mitchell to Tanner showing that he re
ceivd upon his own request a copy of the
firm's books, showing all receipts and how
secured during the senator's stay in Wash
ington, was an exhibit offered today
District Attorney Heney questioned Judge
Tanner as to his trip to meet Senator
Mitchell In December last, when the sena
tor was returning to Portland a short time
prior to his first Indictment.
Judge Tanner told of having received a
telegram from the senator asking him to
come as far as Kalama. Wash., to meet
him. The Judge had taken the trip and had
met the senator or. the train with Blnger
Hermann and Frank C
of the republican state central committee.
The senator, he said. :was very eager for
land fraud nems. and ske-d If there was
any danger of the govtrament agents hav
ing had access to the btiks of the Arm. Mr.
Mitchell expressed, said the witness, deep
concern about the entries and transactions
the firm had had with Krebs, and wanted
to see the books. The following day Judge
Tanner testified, the senator went to the
office and In company with him (Tanner)
looked over the books, page by page. Ac
cording to the testimony of the Judge
Mitchell expressed surprise at the way the
entries had been made and demanded that
the old books be destroyed, saying the en
tries in regard to Krebs transactions would
not only indict, but would convict him If
they fell Into the hands of the govern
ment. Judge Tanner testified that he had told
the senator that though it would necessi
tate perjury, and that he had never done
such a thing in his life, he would stand by
his partner and do what he could to help
him. He had agreed to destroy the books
If necessary and had called the senator's
attention to the clause in the partnership
agreements by which the senator was to
receive all the fees for work done before
the departments. He had changed them and
the new agreements had been dated back tp
March 1, ireOl, the same as the original, and
had been signed by both. The subsequent
letters passing between the two men were
also offered in evidence as tending to show
still further the knowledge of the defend
ant that he had been violating the law.
Chief Executive Beoeiyei Decree of L. D.
H. from Williams' College.
Outlines Plan of the Government la
Invest lantlns Oil and Beef Com
blnea Supervision of
Showers Krlelay and Cooler In onth
eaat Portion. Saturday Fair and
W arairr.
Temperature at Ontahat
Hoar. Dearer Hour.
IV n.
A a.
r a.
si a.
i a.
10 a.
11 a.
12 m.
. 3
1 p.
2 p.
H p.
4 p.
n p.
H p.
T p.
H p.
Supreme Coirt Derides Arainst Bill for
Biennial Election
Clearly Violatei Provision! of Constitution
Providing for Annual Electien.
lng and central points of interest In a blue
book issued tonight, dealing with the recent
conflict of opinion between Viceroy Curzon.
the Indian council and Lord Kitche-ner,
which the government has Just settled by
a compromise giving the latter extended
powers In the direction he desired.
Lord Kitchener, in an, important minute
addressed to the home giovernment, speaks
In the plainest possible terms In denoun
cing the faulty system prevailing in India,
which he points out has not changed since
the time of the mutiny, and which was
framed to meet peace requirements Instead
of the possibility of a great war. He de
scribes the situation as one entailing end
less discussion and delay, as well as great
expenditure with poor results.
Foreign Minister Lamsdorff is Indisposed.
It is understood his condition is not seri
ous, but his physician was called in last
night and ordered the minister not to leave
his bedroom today. There Is no Intima
tion, however, that this will appreciably de
lay the pending negotiations. The question
of a temporary suspension of hostilities
seems u rest with Japan. In the meantime
the chancellories of St. Petersburg and
Toklo are occupied with the selection of the
plenipotentiaries. As stated in these dis
patches late last night, it can now be re
garded as settled that they will number
three on each side. An important considera
tion requiring adjustment is the desire of
each ujuntry to appoint negotiators of
i equal rank, anl this increases the proba-
The viceroy and the council strongly crlt- bllliy that M. Wltte. president of the com
Iclsed Lord Kitchener's views, but in the J mttee of ministers, may be one of the Rus
end the home government, overriding the i tjon plenipotentiaries if Japan name Mar
views of the Indian government, decided In I quia ito president of the privy council. It
favor of Lord Kitchener's reorganisation . j, possible that M. Nelldoff. the Russian
plans In all essentials. ambassador at Paris, may not go to Wasb-
FRENCH PEOPLE ARE ALARMED i matic corps he was the first choice of the
i Foreign office, but he is of advanced age
" i and his health is not robust. Besides. M.
1 Nelidoff is an exceedingly bad sailor, and
It is still an open question whether he may
Frellns; Alone; the Border Grows
TVegotlat tons Over Morocco
Progress slowly.
PARIS. June ZZt VS p. m. Reports from
the front continue to show marked mllltarv
activity and a feeling of unrest among the i Emperor Nicholas has definitely appointed
not ask to be relieved of his mission. In
such an event it is considered certain that
Baron Rosen will be appointed.
Grand Duke Nicholas Nicholaslevitch. seo-
ond cousin to his majesty, to be president
of the council of national defense.
people living along the border. The influ
ential press, evidently in accordance with
the wishes of the government, refrains
from discussing the military aspect, as
serting that the negotiations, while in a
delicate stage, continue normal.
Oleximy sentiment Increased during the
afternoon. On the Bourse rentes suffered
an unusual decline of over 40 centimes.
Much extement aempatd the traling.
One of the alarmist reports was that
Prince Radeilin. the German ambassador,
had left Paris for Berlin, the intimation
being that his departure was due to the un
satisfactory nature of the French note
A dipleimat who lunch
A . 1 1 Uf ........ trulsu I. ( ... .
ated Press that the reoort was at-..rd . ' Jn wounded are ding. Two women were
crusr.ea to aeatn in tr.e rusn oi tne panic
stricken crowds after the firing began.
German government intended to take. I 1 r'" mwmc ome m' ,a revenge
The evening papers sought to allav nuhl!, 1 ff'r last n,Sh' ". she.t and killed a
uneasiness and the semi-e'fflclal Temps ex
Twenty-Two Die la Attack by
Soldiers aad Cossack
Is Shot.
LODZ, Russian Poland, June 2 Twenty
two perse r.s w ere killed as the result of
yesterday's firing by Dragoons and Cos
sacks on a procession of workmen.
More Testimony In Record to Divi
sion of Territory by Friendly
ST. LOUIS. June 2?,-J. H. Coha. a
Tormer employe of the-"-Wafers-Pierce Oil
company, against whteh concern, together
wun tne tetandard Oil company and the
Republic Oil company. Attorney General
Hadley of Missouri ha instituted suit to
revoke their charters, was recalled todav
at the hearing of the case before Special
Commissioner Anthony, for the purpose of
cross-examination by Judve Priest, attor
ney for the defendant corporations.
Mr. Conn yesterday tc-stlfled for the state
regarding the methods of the Waters
Pierce company. When asked today ques
tions relative to the business of his pres
ent employers, he refused to answer on the
ground that it would violate "trade se
crets." Judge Priest then askc-d Mr. Conn why
he was not equally scrupulous about the
"trade secrets" of the Waters-Pierce com
pany and the witness replied that after
he had left the employ of the Waters-Pierce
company the latter had tried to ruin his
reputation and deprive him of the means
of making a living.
While a spectator of the proceedings.
President Andrew M. Flnlay of the Waters
Pierce Oil company was noticed by Attor
ney General Hadley and was quickly
subpoenaed as a state s witness. He was
not brought in today's proceedings, how
ever. Maywood Maxon of Decatur. 111., formerly
an employe of the Standard Oil company,
was a witness. He said he was ordered to
come to St. Louis to confer with President
Flnlay of the Waters-Pierce Oil company
in regard to territorial lines between the
two companies in Illinois. He said to
President Finlay: 'I can't understand why
the Republic company, a friendly Interest,
should name the prices they had in Illi
nois. aiitagr,nlMic to the interests of the
Standard Oil company."
At this reply J. D. Johnson, one of the
attorneys for the Waters-Pierce company,
objected to the Investigation being con
ducted for what he termed the 'benefit of
public opinion."
Attorney General Hadley was on his feet
Instantly and exclaimed: "I want to re
sent that statement as absolutely false."
Commissioner Anthony overruled the ob
jection and the examination resumed.
WILLI AM STOW N. Mass. June C The
liguig Journey of President Roosevelt
among the colleges of western Massachu
setts ended toe'.ay with his departure from
Wllliamstown after he had received from
Williams college the honorary degree of
LH. D. His stay in this state, which was
i'f scarcely thirty-two hours' duration, was
a busy one He attended three college com
mencements, at two of which he received
high honorary degrees; traveled severvl
hundred miles, and besides delivering sig
nificant addresses at each commencement,
made a number of speeches from the phit
form of Ms car to cltirens who had gath
ered at the stations along the route.
The president arose eariy today and
leaned from a window enjoying the superb
view- of the Berkshire country. After
Baker,' chairman I breakfast the preside nt devoted a few min
utes to meeting the classmates of Federal
Commissioner James R. Garfield, who Is a
trustee of Williams, and then made a quirk
Inspection of the new memorial chapel ded
icated yesterday.
After a short walk the president accepted
the Invitation of his host for a drive, which
ended Just before the commencement exer
cises began. He spoke twice here. on?e
upon receiving the degree and again frem
the steps of the church where the com
mencement exercises were held to the peo
ple who could not get into the auditorium.
Then came luncheon, and by 2 o clock the
president was on his way to Washington.
The train made stops at North Adams and
Pltlsfteld. where the citizens Joined In dem
onstrations and were addressed briefly by
Mr. Roosevelt.
The President's Speech.
The president In his speecv. tiere, after re
ferring to the work of Williams college, the
situation in Santo Domingo and the need of
a strong navy, said:
Another question of which I wish to Fpcak
is tnat of a closer supervision by the gov
ernment e.f great industrial conihinatums.
I think that it has t-een a RTeat mistake to
act on the theory which has shaped most of
eiur legislation, national and state, fetr the
last thirty years that it is possible to turn
back the har.ds of the clock, to forbid com
binations and to restore business accord
ing to and under conditions which have
absolutely passed away. That cannot lie
done. What we can have detiie is to put an
efficient supervision over the owner of the
combination. I do not helf-ve that such
supervision can come efTe-cllvely through
the state, not tlxit it can effectively come
through the municipality, but ultimately in
the great majority of cases to be effective
It must be exercised by the national gov
ernment. As the first Ftep to that I hoi
to see the passage of legislation which will
give, aB an executive, not as the Judicial
function to the national government, tlie
supervision of the railways of the United
States which are engaged In interstate
commerce, with the power when a rate Is
complained ef as Improper and unjust to
examine that rale, and if they think the
rate aaould be cuanged to charge it to a
given rate, and to have that given rate
take practically immediate effect It can
only come If the officers entrusted with the
administration eif the law remember that
It is exactly as much their duty to pro
tect the railroad from the pub::c as to
protect the public from the railroads.
I am going to illustrate what 1 mean by
some work new being done in the Ix-part-ment
of Justice and in the bureau of cor-
XK'rations. ut the head of which stands your
fellow alumnus. James R. Garfield. Res.
tions have been passed by very Important
bodies demanding the investlpation of whit
is called the Beef truM ami of the Stand
ard fill company. The B--ef trust had to b
Investigated partly by the Department of
Justice, acting through the district attorney
at Chicago Tlie commissioner of corpora
tions was to report upon the facts of the ir.l the district attorney was to act
on the legal evidence he could obtain, if
the district attorney can collect legal evi
dence w hich will sheiw that tne re had be on
willful and intentional violation of the law
bv anv man, no matter how high he stands
socially and financially, he will le indicted
and. if possible, convicted. If he does ne t
se-cure Fuch legal evidence no amount e.f
popular feeling is to be allowed to lie sub-
stltutea ieir tne legal evium-e. cv in in
vestigating the Beef trust and the Standard
Oil company I have been content to leave it
absolutely in the hands of Mr Garfield, be
cause I know that he was as incapable of
being swaved by popular demand on the one
hand as by any sympathy on the other.
The same spirit must be shown In applying
the laws elaling with all corporations Is.
as I hope, we gt the sojpe of those Jaws
sufficiently lodged.
Ovations in ew England.
NEW YORK. June 2!.-After a two days'
sojourn In Massachusetts
Woman Sentenced to liana Granted
Stay of Sentence thnt Supreme
Court May Paas on Case.
BRATTLEBOKO. Vt., June 2.-A re
prieve until Decern tier S for Mrs. Mary M
Rogers, the condemned murderess was
signed this afternoon by Governor Charles
Bell, and for the third time the woman,
who was to have been hanged at Windsor
tomorrow for killing her husband, ha been
save-d through the operation of the gov
ernor's power e.f staying the execution.
Today's reprieve was granted In order that
the case may be carried to the supreme
court of the United States on constitutional
Those Created bj Etatula Can Be Chosen
When Legislature Wills.
Rendera Election this Fall Imperative
for All K.irrpl Offlrlala Specially
Exempt I ndrr Court's
(From a St, iff Correspondent
LINCOLN, June clal -The bi
ennial elections law enacted by the late
questions, raised at a hearing before Judge ( legislature was declared unconstitutional
Hoyt H. Wheeler. Mrs. Rogers' attorne s I this morning by the supreme court In an
petitioned for her re-Tease on a writ of j opinion written by Chie-f Justice Holcomh,
habeas corpus. The court declined to grant ' which was com urred In by the entire court,
the petition, but suggested that the pjlnts While the court does not dnibt the author
ef law ralsod by the petitioner were such I Ity of the le gislature to fix the time of the
as should be passed up n by the supreme ) election of county officers not Fpecltled In
court of the United States. The refusal 1 the constitution, the entire net is declared
of the Judge te grant the writ was at ' Invalid and the officers nut.t.oned will wt
once followed by the filhig of an appeal.
Judge Wheeler thereupon announced that
he would render his decision on the ques
tion of appeal late in the afternoon. In or
der to give Governor Bell a chance to re
prieve Mrs. Rogers.
This afternoon Judge Wheeler received
a message from Governor Bell at White
River Junction, announcing that Mrs. Rog
ers had been reprieved. The Judge at once
sunned the pajier which gave to Mis. Rog
ers the legal right to have her case heard
by the supreme court of the United States.
SPRINGFIELD. III., June 22. Governor
Deneen this afternoon granted Johann Hoch
a reprieve until July Zi in order that the
case may be taken to the supreme court
Justice for a writ of supersedeas.
witnesses Tell ( hlcnso Grand Jury
that Prices Are Fixed by Em
ployes of Parkers,
CHICAGO. June 22- The work of the
federal grand Jury Investigating the beef
Industries today showed that the members
of the Inquisitorial body have been playing
the part of detectives in finding witnesses
who may enlighten them on certain points
concerning the buying of cattle by the i aay of November oi each vtar, cept in
have their terms extended by the passage
of the bill. Four oth r spe-e lal aits, how
ever, were' by the legislature which
are n"t affei t. d by this decision and there
will be no ele-etlon In these eases this fall.
These are H. It. 315. providing for the elec
tion of registers eif deeds in 1 ; ; H. R. 316,
presiding for the election eif county com
missi. nerr in 1 : H ; H. It. 31T. providing for
the election of county supervisors in IS;
H. R. Sis. providing for the ele-ction vt
county assessors In 1.
The result e.f the decision will be the eleo
tion this fall of the following officers: Ono
supreme Judge, two re ce nts e.f the State
university, county clerk, county tre-asurer,
county sheriff, county Judjre. county ccir
oner. county super.ntende-nt and ceunty aur
veyor. In fact, (-lections will be held as
the.ugh this particular biennial elections
law had never been conceived and enacted.
Syllabus of the Opinion.
The syllabus in the case is a follows:
When it is obvious that tortious of an
act of the legislature Miert the principal, if
not tl.e sole, Inuuce-meni for lue ptisaage
e.f the act. ami such parts are held Lo be
unconstitutional bt-c-ui- In conflict witn the
paramount law, the net will be declared
viod in tolo.
The provisions of section 13, article xviil.
of the constitution, where-in it is provided.
The general election ot this stale slmll bu
hv.u on Tuesday kucc-ediug the hist Mon-
packers. As a result of this detective work
by the Jurors Frederick Wood of Hamp
shire, 111., Christopher Barnhardt of Wil
mington. 111., and E. C. Sholes. a cattle
feeder from Burlington. 111., testified before
the Jury today and explained the troubles
a cattle shipper has selling his live stock
In the Chicago market, i. A. RoJgley, gen--
eral freight agent of the Lolusvllle A Nash
Ilist general election, which shall be held
on th- second Tueaday of October, l;i,"
constiueu ai.ii held inal II is not of ILaelf
an Imperative command that general elec
tions shall be held annually al tlie umo
j stated. Whether annual elections are re
quired deju-nus upejn the offices created by
me 1 undamintai law and tiie time, as
therein provlde-d, at w hich, an clc-ciion iuul
f.e ne.d to till si.e-h ,..
By the i ovislons of the constitutional
sections 4. lei. la, 20 and 21 of article vU anil
vllle railroad, was another witness this sections hi and -0 of article xvlii Judges of
afternoon, together with two traffic men 1 lre 'ui"-,me court, oistrict ana county
. . ... , , J . , courts and regents of II. oiiversity, whosy
whose identity was closely guarded by the oftVts are cieated the. .. it is declared
federal officials. After leaving the Jury- shad be elected at the m.s. eenial ;ieciiori
rcKim Sholes said: "I told the Jurors that h"ld ,in i75' Tl'e terms of thesu
. , . . , , , several e.rhcers are nxed at six.
the buyers in the Chicago market on live ; (our atid two years, respective,
anci ine lernis eu me enice cx-gin on the
frst Thursday alter the first Tuesday in
ed with Prince Pa- i mh'cn rn organized as a demonstra-
formed the Assil" . tlon against the government. Ten of the
not the slightest word had yet been re
ceived concerning the attitude which the
stock seem to have off and on davs for
bidding. They generally bid Wednesdays
and Saturdays at the yards and generally
the prices are uniform."
Sholes Intimated that on one day one of
the buyers would bid and if the shipper
was dissatisfie-d he would wait until the
next day, only to be confronted with a
similar bid. and so on until he was finally
forced to sell his cattle or have the profit's
eaten up by feeding charges at the yards.
Dr. Herbert Welch, Sew Executive,
Installed Vice President Fair
banks Ipraka for the Alumni.
January next succeeding their election.
Their succe ssors In otlice. it is provided,
shall the-re itte r be electee! at the general
election next preceding the time of the
termination of their respective terms of
office. Held, that these provisions when
construi-d together fix the terms of office
and the time eif the be ginning and terrnina
llem of Mich terms and the time of
the first election, and that thereafter
the general election next preceding
the tune of the termination of each and
every subsequent term of office, as they
shall follow each otiit-r in succession as
suocessurs shall be elected, and that these
several Beetle. ns provide for a regular suc
cession of. and continuity in, such terms
of office, the lone i.nd effect of which are
to make it mandatory 'hat a general elec
tion shall be held m each of the odd num
bered years.
Ordinarily the word or words, "term" or
"term of office-." when used in reference to
a tenure of office, means a fixed and defi
nite period e.f time. Section 10 of article
"All ol-
DELAWARE. O., June 12 -Rev. Dr.
Herbert Welch, until recently pastor of ! V- ttt .n..i,.mn i.
the Alethodlst Episcopal church at Mount leers provided for in this article shall hold
Vertion, N. Y.. and widely known in ' their offices until tiieir successor shall be
east was trwlav (r.moii.. . n j ! qualified." Held. that this provision
east, was toddy formall5 Installed as 1 cannot properly be construed to
president of the Ohio Wesk-yan university ' mean that the legal terms of
President at this place. i office of the officers provided for in said ar-
Roosevelt left Jersey City tonight at 8:15 ! The ceremonies were simple and included .fnce to tuV tenure of office, shall consist
for Washington. The president s train ar- I brief addresses by distinguished guests, ' of a fixed and definite period therein men
rived at the Mott Haven yards of the New the presentation of the kevs of the uni- t!r""ed and in addition thereto the inde
York. New Haven A: Hartford railroad at j versity to the new president and hi, In- JT after The vinloZVXFtZS SZ
6.4i and was switched to the transfer boat augural address. The speakers Included ' and until a sjctessor shall be qualified.
Maryland, which started in a few moments! Vice President C. W. Fairbanks, who grad- I where Legislature Is Powerless,
for Jersey City. At Jersey City a great . uated here in K' and who spoke for the' Whtre. by the fundamental law, oertaln I offices tit cieated, the terms ut oltitct
.,',., ! w nieh are fixed at cn ta.n d. ptriuus
Mrs. Cornells Cole Fsirbanks of the class i of tin.e and a beginnii.K and termination
of 1872, wife of Vice President Fairbanks there of prescribe!, as well as tl.e nine for
was given the honorary d-gree of master
of arts, the same degree being also con
ferred on Miss Mariana Young of Japan.
pressed the government view that the ex
change of nof s would serve to remove
false Impressions and produce a durable
H. 8. Btorrs. general superintendent of agreement If Germany was prepared
the Lake Shore, said that the matter would
be investigated tomorrow, although he is
Inclined to doubt the story that a boy hal
possession of a key and could turn the
Traveling at a rate of more than a mile
a minute, the heavy train was hurled to Its
doom with a momentum that was appalling.
The scene of the wreck was at tie Mentor
depot. The switch that caused the trouble
is located about 110 yards west of the depot
As the heavy engine struck the switch the
engine left the train track and swung vio
lently to the left.
For a dletanc-e of twenty yards the engine
ran on the rails and then, leaping from the
track, turned on Its side Just to the east
of the depot. The momentum was sucn
'ht the heavy tender was hurled entirely
over the engine and was burled In the
The combination ear w as buried with ter-
prosecute the concllatory advances of M.
British Government to Appoint Com
mittee to Inveatlcate' fasrira
ot Graftlaa- in Army.
LONDON. June 22 Under pressure from
all sides. Premier Balfour today announced mullah
Cofsack and two policemen.
ST. PETERSBURG. June Zl Bands of
insurgents in the district of Scharonkhau,
province of Erlvan. Trans-Caucasia, re
cently sacked and burned four Armenian
vlllsjres. Subsequently the insurgent sur
rounded and attacked Owilanortutahau. The
inhabitant of the town repulsed the be
siegers, killing a hundred of them. Cos
sacks and other troop stationed at the vil
lage of Khouloundian also repulsed an at
tack of the Insurgents on that place. In
flicting enormous losses on them snd cap
turing F70 prisoners, a quantity of arms and
a black standard. Insurgent chiefs anl
ere executed. Proclamations
in the House of Commons that the govern-
ment would immediately Introduce a bill
creating a statutory committee to Inquire
Into the army stores scandal.
iConUnuod o asccoud fivca-l
Chinese Talk of Boycott.
ments. June 22 The Chines are convening
a meretlng here to discuss the adoption of
a boycott of American manufacture until
the Chines exclusion set is repealed lt Is
said that the Chine cf U. Malay ulU
probably will follow.
were found exhorting neighboring villages
to Join In a war against the common enemy.
The agitation is spreading. A number of
Armenian villages containing about seven
thousand Inhabitants have been surrounded
and skirmishes between Tartans and Kurds
and the Russian troops are frequent. The
villages of Ouschl and Kiachlsf.ken have
bet n burned. Five thousand Cossacks are
expected from Baku to aid suppressing the
The insurgents are tsUn-atod w umabtt
7,000 men,
Postmasters and Knral Carriers Ap
pointed by the Fostofnee
(From a Staff Correspondent.)
WASHINGTON. June 22.-(Speclal Tele
gram ) Postmasters appednted: Iowa
Thompson. Winnebago county, James El
lickson. vice John Elllckson, resigned.
South Dakota Piedmont, Meade county,
Harry G. Nash, vice Edward J. Huddieston,
Rural route eirdered established Septem
ber 1: Iowa Attica, Marlon county, route
1; population. 4S5: houses. FT. South Da
kota Geddes. Charles Mix county, routes
2. 1 and 4; population. 1.V6; houses. 302.
Rural carriers appointed for Nebraska
routes: Bethany, route 1. William J. Bm
nell carrier. Benjamin Lively substitute;
Brock, route t, Cornelius Haley carrier.
Dewl't Haley substitute; Lyons, route 2,
Carl McDowell carrier. Ray McDowell sub
stitute; Rolltbj, route 1, Loren D. An
gelo carrier. Gordon Angelo substitute.
crowd cheered the chief executive and he
bowed his acknowledgments as the train
pulled out for the national capital.
Despite the enormous electrical storm
which swept over Massachusetts and Con
necticut this afternoon the president's
Journey from Williamstown to Jersey City
was a prolonged ovation. After leaving
Williamstown the special train stopped at
North Adams. Adams, Pittsfield. Brookfleld
Junction, Dan bury and South Norwaik.
The crowds assembled at the six places
aggregated many thousands, those at
North Adaks, Pittsfield and Danbury being
notably large. At North Adams, the home
of Congressman Lawrence, the president
left the train for a few minutes and ad
dressed a great crowd of people from a
stand erected near the station.
Five Coaches Oat Track aad Officials
Say Xo Oae was
DENVER. June S2 Westbound passen
ger train No. I of the I-enver at Rio
Grande railroad was wrecked today at
Pinto, a small station sixty miles west
of Grand Junctlem. Colo. No fatalities re
sulted. The accident was caused by a
broken bolt In a frog at a switch. Three
coaches were derailed and twenty-cone
passeitkstcra were slightly Injured,
to go directly to the White House. Dur
lng the past two days President Roosevelt
has been fre-e, temporarily from the cares
of state. When he left Washington he
gave into the keeping of Secretary Hay
the negotiations for peace in the far east
during his Since he left the
White Huse he had received no new of
Importance bearing upon the pending negotiations.
tht ekctiou ot a successor, the legislatui
is without authority to postpone I lie elec
tion of such suc.essois until the wucce?d
ing general election held in tne next ear
and to extend the term of office of the lu-cun.lie-ntB
uur'ng the intervening time, and
to proiide for an election in a different
Vfti in m hie !i to ek-ct such successors and
Stockholders Elect Dlrertora for Both I " diffeieiii i liiiit lor the btginning of sucu
I provisions found in the schedules of the
I contt.t uion are not 111 all instances to be
j construed as of a temporary character.
i'Ji.e language uaed should be given it or
dinary meaning, and whether It Is Intended
j to be of a temporary or permanent charac
I p-r must be dettruiined from ttie purpua-u
'of the enactment and the object sought to
l-e accoiiiplisned theiehy 1 he true inean-
' it,-; of the law Is discovered bv considei ii..
j con. George F. Baker. George C. Clark, ! tl.e reaaoii and spirit of It or the cjriso
Norman B. Ream iwhic-n inoea tne law limning iwxiy to en-
Courts 111 give we ighty consideration to
the legisiHtae- eont-lru' turn when le-isla-
Owning and Operating
CHICAGO. June 21!.-At the annual meet
lng of the Chicago. Burlington & Quincy
Railroad company held here telay the fol
lowing director were elected: Robert I;a-
The president a train Is scheduled to . wuiiam I'. Clouith
reacn tne national opiiai i . .... 1 Bamuel Thome. New York. James J Hill
president expects on arrival in W ashlngton , amet s , gt pau!; Joh Mitche
Chicago Teamsters Outline Another
Basis of Settlement A Farther
Conference to Be Held Todny.
CHICAGO. June 22 A subcommittee cf
the striking teamsters' peace commiti.-e
called on John V. Farw-ell, representative
of the Employers' sssoclation. today and
outlined a basis of settlement. One of the
request cf the labor men was that :li
teamster should be allowed to wear Ite
union button if they agreed to accept ths
terms of settlement proposed by the em
ployers. Mr. Farwell Informed the commit
tee that the en. plovers could never agree to
this proimsal and would Insist on the m--n
either dispensing with union emblems, or If
wearing the button at all to keep it out of
sight. Another conference with Mr. Fsr
well was arranged for tomorrow, when the
final decision of the committee na the point
will be submitted Ut Urn. ' "
George B. Harris. Chicago, Charles E.
Perkins, Burlington, la.
Chicago. Burlington & Quincy Railroad
company which operates the physical prop
erty owned by the railroad company:
George C. Clark, William P. Clough, A.
T. French, George W. Perkins, Samuel
Thorne. James H. Hill, James N. Hill. John
B. Kennedy, New York; George B. Harris,
Darius Miller, Chicago; Charles E. Per
kins, Burlington, la.
Woman Prohibitionists Adjourn,
CHICAGO, June 22 The first general
coun il of the Woman's Prohibition iub
of America, which ha been In session here,
adjourned today after the election of me
following: President. Anna Sloan Walker
Decatur. 111.; secretary, Mary E. Balcli,
( Hon is had regarding subjects of a poi.Uca.1
nature, nut wi.en sucn construction cieai ly
ap(ieurs to bo unwarranted it will not ltj
The provisions of the biennial election
law. H .use Re. 11 2&.. session laws .wt. the
act under eonsidcratlon. f- found to be in
corifln-t with the paramount law relative
to the elecion of judicial u(!:o n and re
gents of the uulveisM). and the lima
tt.-ieof. and of their terms of office, alii
for sue h reason is hell lu be inoperative
and void.
Chief Justice Holcomh. in d:siusslng the
argument that the letr.s'-ature has a right
to interpret the constitution when lt bears
on subjects of a polnl. al nature and that
the rule contended for wrim reasonable,
but that it cannot 1 given the weight
urged because the ir visie.ns of the con
stitution will not bear a construction per
mitting the legislature to ihane the time
Movement, of Ocean Vea.els June 22. ! of """ elections for judicial snd
At New York Arrived: Koenlyin Louise,
from Genoa; Pretoria, from Hamburg;
Carpa'hia. from Liverpool (Nantu'ket..
Sailed: Deutschland, for Hamburg, L
Bretagne, for Havre; Numldiat., lor Glas
gow At Palermo-Sailed: Calabria, for New
At Hamburg Arrived : Pennsylvania.
fr..m New York
At Glasge.n Arrived: Carthagenian. from
At y eer.stown pnPed: fweanic, for New
Ye.rk. -Merlon, for Philadelphia.
. At Ha vre Arrived : I -a Savole, from
New Yorli
At Ponta Del Gada Arrived : Cretlc. from
New York.
Al ' Liverpool fijiled . Southwark, fesr
Uoalrealj Victoria, tjr Montreal.
extending their terms one ear.
t oofl let Is Palpable
"The eontlKi la so jalpahie." he says,
"that tl.e legislative enactment must give
The aetl'.n e.f the leg:s!aiie branch of
the g .vei n.'ne-nt Is entitled to an.1 shoul-l
t-eene lr. 1.1 ti e j .die ial de ,i tmenl the
great, n e-1 ie.-; -.1 and Uef-lenee. Th.s
i.; . iita-r.l a!el ever Kept ti
MderutK.ti ai d diusi"n of
The I-..UM -I."U:. and due
cluM'ili lesuiting 111 a hoi.l-
lng tli .1 the- Ian u m 01 at l a : i. .na 1 . with tau'1.1. and hesitancy 1 he wisdom,
p.. In y and e i '..em of the law
nut been allowed mat we aie conscious
e.f iu the slight -si decree to Influence our
cie.i.ion. no have cudsavw4 l fee)
I. as t. en He. ...
I'.IIid III the co
l.'ie c.'.se at bar