Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 23, 1905, Image 1
For News Quality and Quantity The Bee Greatly Excels. The Omaha Daily Bee; Omaha's Preferred Advertising Medium is The Bee. ESTABLISHED JUN1 1ST1. OMAHA, FRIDAY MORXISO, JUNE '23. 1905 TEN , PA-TIES. single copy tiu:i:e CENTS. NINETEEN ARE DEAD Reused Lis: of the Yistimi of Wreck of the Twentietk Century Limited. TWO BODIES ARE NOT YET IDENTIFIED Victim An Kearly ill If en, Most of Then Prominent is Business Affair. SAY BOY CAUSED THE SKASHUP Story that Youth Opened Bwitch When He Thought He Wu Closing It OLD SCHEDULE WILL BE RESUMED VPUS CHRISTI AT VIENNA K tri pe ro r Take Part la Great ''icllaloa pnilid aad Re- , tlrwt Troops. ' PROGRESS OF NEGOTIATIONS President Expected to Gire Out Important Information Today. CASSINI TAKES NO PART IN CONFERENCE 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 Affected. 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, Cleveland. C. H. V'EUJIAN of the Wellman, Beav ers-Morgan company, iieveiana, aiea in :iosjltal. 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, pital. 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 brakems.ru 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 erected. 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 Intentions. 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 time. 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 A i t 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, JS J 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. LORD KITCHNER FEARS RUSSIA 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 TANNER STILL DN THE STAND 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. PRESIDENT IN NEW ENGLAND Chief Executive Beoeiyei Decree of L. D. H. from Williams' College. TALKS OF REGULATING CORPORATIONS Outlines Plan of the Government la Invest lantlns Oil and Beef Com blnea Supervision of Railroads, NEBRASKA WEATHER FORECAST 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. M . 3 r..T . I. 4 W1 as 1 p. 2 p. H p. 4 p. n p. H p. T p. H p. P- Degree. TO TO T2 T4 T3 T.l Ti TM t'T ELECTION LAW VOID Supreme Coirt Derides Arainst Bill for Biennial Election I!! THREE JUDGES CONCUR IN THE OPINION 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 KILLING CONTINUES IN POLAND 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. OIL HEARING IN ST. LOUIS More Testimony In Record to Divi sion of Territory by Friendly Companies. 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 cj.se 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 REPRIEVE FOR MRS. ROGERS 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 EFFECTS ALL CONSTITUTIONAL OFFICES Those Created bj Etatula Can Be Chosen When Legislature Wills. OPINION OF THE COURT IS LENGTHY Rendera Election this Fall Imperative for All K.irrpl Offlrlala Specially Exempt I ndrr Court's Opinion, (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. METHODS OF CATTLE BUYERS 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' pa.ss.-d 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. PRESIDENT 0F0HI0 WESLEYAN 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 alu.nl I offices tit cieated, the terms ut oltitct .,',., ! w nieh are fixed at cn ta.n d. In.lt 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 switch. 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 depot. The combination ear w as buried with ter- to prosecute the concllatory advances of M. Rouxier. BALFOUR WILL PROBE SCANDAL 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. ISLAND OF PENANG. Strait Settle 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 rising The insurgents are tsUn-atod w umabtt 7,000 men, WESTERN MATTERS AT CAPITAL Postmasters and Knral Carriers Ap pointed by the Fostofnee Department. (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, removed. 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. WRECK ON THE RIO GRANDE Five Coaches Oat Track aad Officials Say Xo Oae was Killed. 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 ai.ser.ee. 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- BURLINGTON ANNUAL MEETING Owning and Operating Companies. 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 COMMITTEE SEES FARWELL 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. ' " 1 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, Louisville. ( 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 followed. 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 orfK.es 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 Ye.rU. At Hamburg Arrived : Pennsylvania. fr..m New York At Glasge.n Arrived: Carthagenian. from Philadelphia. 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 way." 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 gi.at tau'1.1. and hesitancy 1 he wisdom, p.. In y and e i '..em of the law l.ae 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 p.l....!