Nebraska Newspapers

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The Omaha Daily Bee.
For News Quality and Quantity
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Medium is The Bee.
ESTABLISHED JUNE 19, 1S71.
OMAHA, THURSDAY MORNING, JULY 6, 1905 TEN PAGES.
SINGLE COPY TH1IEE CENTS.
DEVLIN IS BANKRUPT
Kansas City Creditors File Petition in
Federal Court at Topeka.
WISH TO SET ASIDE RECENT TRANSFERS
Action Will Eaduoe A ne'e of Topeka Bank
Many Tbotianda,
KANSAS FUNDS ARE ON DEPOSIT
Treasurer Kelley Contends that the Bute
ii a- Preferred Creditor.
TWO ILLINOIS BANKS GO DOWN IN WRECK
Concerns Near Mine Ottp' 1 by Mls
onrl Capitalist Clf. , 'elr
Doort and Are In It "V
of Comptroller,
V
v
TOPKKA. Kan., July S.-AfTairs
failure of the First National bank ass
a different phase today, when Kansas
creditors petitioned the United States q
trlct court to declare Charles J. Devlin .
bankrupt. The petition was made return
able on July JO and its effect Is to prevent
any further attachments of Devlin property
and to set aside real estate valued at
I700,0"0 which Mr. Devlin on Monday had
transferred to the failed bank. Today's
action thua reduces tha batik's assets at
least temporarily to Just that extent. The
action does not affect the life insurance,
which ia in Mrs. Devlin's name and which
she insists bs left among; the assets of the
bank.
Mr. Devlin's business associates declare
that he la far from being a bankrupt and
till Insist that tha bank will be enabled to
pay dollar for dollar. Receiver Bradley,
who began delving into the books of the
bank today, announced that it would be
ten days before he could make a statement
of Its condition. Ho unnounced that it
was doubtful that the state, which had
1500,000 in the bank, would be considered a
preferred creditor. Qovernor Hoch stated
later that the executive council would to
morrow consider the action of State Treas
urer Kelly In placing so much of the state's
money In one bank.
Will Get Money Dnck.
Receiver Bradley tonight announced that
' the people who made deposits in the First
National bank last Friday and Saturday
would receive ail their money as soon as
the proper arrangements could be made.
These deposits were kept separate by the
bank officials and will not be considered
with tha regular business of the lnstltu
tiou. A secret meeting of attorneys and others
representing different Devlin interests was
held here tonight. It was intimated that
some sort of statement would be made to
morrow. Allegations la Petition.
The petition was filed on behalf of
Thomas Llghtfoot, John A. Long and the
Dong Brothers' Grocery company of Kan
sas City, Mo. The claims of the petition
ing VreflitoriwjBrrifate about SS.0OO.
The petitioners represent that when Mr.
Devlin assigned his property to the First
National bank of Topeka on July 3 he was
then Insolvent and that such transfer was
made with the intent to make the failed
bank a preferred creditor. The petition
will prevent the running of further attach
ments on the Devlin property. It is made
returnable on July 20. in the meantime
Mr. Devlin may file a confession of bank
ruptcy or Ale an answer denying the acts
of bankruptcy and asu for a trial by Jury.
The trustee in bankruptcy who will be
elected by he creditors will have power
to take charge of the affairs and convert
ing the assets Into cash, apportion the pro
ceeds equally among the creditors.
Mate Fonda In Bank,
Tha status of the toOO.OfiO of state funds In
the First National bank is causing much
discussion anion?; state officials, a former
member of the Kansas supreme court,
talking today of the contention of State
Treasurer T. T. Kelly, that the money is
safe, because the state would be considered
a preferred creditor, said:
The contention of Mr. Kelly Is partly
correct, that Is If it can be clearly shown
that the money was in the bank for col
lection alone. But it may be difficult to
show this, especially since the bankruptcy
proceedings riled today.
Treasurer Kel)y contends that aa the
state'ai money was left at the bank simply
in tha ordinary course of collections, and
not aa a deposit upon which interest was
drawn, it therefore became a trust fund,
which is bound to be considered a pre
ferred claim.
May Sell Property.
When the First Nationul bunk of To
peka, which was controlled by C. J.
Devlin, failed on July 3 It was known
that tho Devlin estate owed both the Spring
Valley National bunk of Spring Valley, 111.,
and the First National bank of Toluea,
111., which closed their doors today, and
the suspension of the latter institutions
. was expected to follow as a natural result.
Just what amounts the Devlin estate ones
to the two Illinois banks, is not known, but
it Is stated that they became Involved in
loaning money to build the Toluca, Mar
quette and Northern railroad, a small coal
carrying road which Mr. Devlin was con
structing to his mining property in that
tate. This road connects with the Atchi
son, Topeka & Santa Fe, the Illinois Cen
tral, the Chicago, Milwaukee & St. Paul,
the Chicago & Alton and the Indiana, 1111
nola & Iowa railroads. Negotiations are
already In progress, it is said, to sell this
railroad property which is considered a
valuable asset.
Creditors llo Not Meet.
Runs on Topeka banks, which started on
Monday following the failure of the First
National bank, had apparently stopped
when the Institutions opened for business
today. A small crowd tiaLhered about the
First National bank, but there was no ex
citement. All banks at which depositors
had withdrawn money on Monday had fur
ther fortified themselves over the holiday
of yesterday and at each bank the officials
stated they were in better shape than ever
to meet ul demands.
Receiver Bradley of the First National
bunk Went to work early today on the
boks of that concern, but no staten.ent
was available for publication regarding its
condition and none was expected for some
time yet.
C. B. Oleed and C. J. Hlsted were in
the city ar.d held conferences with the
bank officials In an endeavor to arrive at
tha trus state of affairs of the failed bank.
Koodver Bradley said today that It would
ba ten, days In-Cure a statement of tho
thank's assets and liabilities oo.ild be made
public. He stated further that he did n.it
think the rt.its would be a preferred credi
tor, but would have to take 'A chances
with other depositors in the settlement.
Tomorrow Robert Lyons, an exp.it uc
couniaut, connected with the comptroller
department at Washington, will reach To-
'ConUnued on Beoond Page.)
RUSSIA DESIREST0 STOP WAR
Only Pride Manria In War of Formal
Bequest for an Armln-lee.
ST. PETERSBURG, July o.-Th" situatljn
regarding the armistice is as '"Hows:
"Russia has formally signified to Presi
dent Roosevelt its desire for a Instl'o
P.ir not only by the a point mrnt of plen
tnoter.taiies who will be accompanied by
eminent experts fully empowered to con
clude ,i treaty subject only to the ratiuc.r
tlon of the respective governments, but as
a final step has Indicated Its readiness to
suspend hostilities. It I ns avoided formally
asking for an armistice as a matter of
pride."
Hut tinder the circumstances Russia
could hardly go farther than she has.
Japan, so far as Known, lias not yet In
dicated her attitude or if she has Russia
up to this afternoon has not been so In
formed. In diplomat!,' circles the most
earnest hope is expressed that Japan will
consent both for the sake of avoiding
further bloodshed In Manchuria and per
haps In order to prevent a catastrophe in
Russia which may shake the Romanoff's
throne and appal the world by Its hor
rors. An eminent ambassador of a great
Kuropean power said to the Associated
"If Japan declines it may prove to ho
a misfortune for the whole world. Tho
position of Russia Is critical. ilio em
peror, crushed by the defeats In the far
east and with almost civil war at home,
has bowed his head to the inevitable. Ho
wants peace and Japan has the tiroofs in
her possession. Japan has vindicated her
power before the world and has won the
admiration of the world. Nothing be
omes a victor so much as n broad spirit
magnanimity, if Japan still Insists 111
tumbling the emperor's head into the
dust and forcing a useless battle, which
will result In the loss of tens of thousands
of lives, she may produce a cataclysm of
anarchy greater than that of the French
revolution, which will leave her no gov
ernment to negi tiate with, besides threat
ening the peace of Europe. The usual
precedents for the conclusion of a war
are reversed In this case. An armistice
generally precedes the agreement on the
time and place for making negotiations.
Now that the Hteps which usually follow
a suspension of hostilities have been ar
ranged why should Japan simply because
she enjoys the advantage of the military
situation Inflict and defeat with Its ac
companying slaughter? Nothing would be
gained by it and much might be lost."
CANAL EMPLOYES DISSATISFIED
Two Returning; Tell of Disease nnil
Shortsue of Workmen on
Isthmus.
NEW YORK. July 6. George J. Mnclock
of Louisville, Ky., superintendent of a dock
at Chrlstobal, was among the passengers
on the Advance, which arrived here from
Panama today. Mr. Maclock sale'.
Things are very bad at the Isthmus.
The diseases prevalent are measles, black
measles, smallpox, yellow fever. Chagies
fever and malaria and there was one en so
of bubonic plague. The dead trains run
from Colon to Monkey Hill cemetery, a
mile and a half south of Colon, always
once and sometimes as many as fourteen
times a day, and It sometimes has as many
as four coltins aboard. In fact there is
so much yellow fever about that they keep
open graves always ready for cases of
emergency.
The working clerical force on the Isth
mus Is about S per cent short, lino dis
trict superintendent I know has work for
seventeen clerks and has so far only live.
The government seems lo be delaying the
paying oft of the men. Forty-one men
were waiting for their money to cutch tho
steamer, but only six got it in time to
sail.
Miss A. A. Robinson of New York, who
had been a hospital nurse on the Isthmus,
also returned on the Advance. She said she
had been about a year In the Isthmus and
was very glad to be back again. "The
supply of nurses." she said, "Is beginning
to fall off and by fall the hospital at Pan
ama will be very short-handed. None of
those who are leaving now will return to
Panama and many others will leave as
soon as possible. The pay, considering
the conditions that prevail. Is not suf
liclent. Sickness there Is Increasing and
conditions generally becoming worse."
INDICTED PACKERS GIVE BOND
Three Corporation and Thirteen
Individuals Appear In Court
In Chicago,
CHICAGO, July 5 Bonds were furnished
today by throe of the packing companies
and thirteen of the Individual packers In
dicted by the federal grand Jury last
Friday. Four of the Indicted packers are
still absent from Chicago, but United
States District Attorney Morrison an
nounced tonight that these absentees would
be given ample lime in which to sign
bonds. The bonds signed today were for
J5.0U0 each. The corporations furnishing
the bonds were Armour A Co., Swift and
Company- and the Fairbanks Canning
company. The Individual bonds were for
Arthur Meeker, general manager of Ar
mour & Co.; Patrick A. Valentine, treas
urer of Armour & Co.; Louis F. Swift,
president of Swift and Company; Ed
ward Swift, vice president of Swift and
Company; Lawrence A. Carlton, treasurer
of Swift and Company; Robert McManus,
general counsel for Swift and Company;
Arthur F. Ivans, attorney for Swift and
Company; Ira X. Morris, secretary of the
Fairbanks Canning company; J. Ogden Ar
mour, president of Armour & Co.; Charles
W. Armour, president of the Armour Pack
ing company; Samuel McRobcrts, assist
ant treasurer of Armour & Co.; Thomas
J. Connors, general superintendent of Ar
mour & Co, and Charles H. Swift, di
rector of Swift and Company.
MAY VOTE TO RETURN TO WORK
Chicago Department Store Drivers to
Take a Secret llallot Today
Strike Benefits Cease.
CHICAGO, July 5 A referendum vote
' on the question of declaring off the team
sters' strike so far aa it applies to the de
partment stores will be taken tomorrow
night by members of the Department Store
Drivers' union. The vote, which will be
j by secret ballot, will be taken at the
' request of a large number of the depart
j mcnt store drivers, who have wearied of
: the Btrlfe and have rebelled against the
I union leaders because of their failure to
, furnish strike benefits.
i The lumber drivers, who also have been
j denied strike benefits, continued their agl
j tatlou today In favor of a prompt settle
ment. WOMAN SUFFRAGISTS ADJOURN
Movement to F.nllst Workingtur u In
the Cause Address by Habbl
11 1 rich.
PORTLAND. Ore., July 5. The National
Woman's Suffrage association convention
end'd tonight. Many resolutions and re
ports were considered and an address was
delivered by Rabbi Emll G. Hlrsch of Chi
cago in the afternoon. v
Mrs. Florence Kelly, in her report on
industrial Problems Affecting Women and
Children," today made the strong point
that the weakness of the suflrage movement
has been that It has not enlisted the active
support of the worklngman and urged that
the two great forces Join hands. Mrs.
Maud Wood Park, president of the Mis
souri Suffrage league, and Mrs. Charlotte
Perkins Oilman wera the speakers tonight
TORNADO IN NORTHERN TEXAS
Manj Houses Destroyed by Storm in
Vioinity of Nacona.
VICTIMS ESTIMATED AT
SIXTY
Fourteen Bodies Are Reeorered at
.arona and Ten at Mon.
tatjne Dsmssc by Hall
Hears-.
DALLAS, Tex., July 6. A special to the
News from Nacona, Tex., says that a
tornado and thunderstorm passed a few
miles west and south of here this after
noon, killing fourteen persons and Injur
ing many others and destroying a number
of houses. The latest reports from the
storm swept district give the following
casualties;
Deud:
MRS. C. C. SHACK LEFORD
MINNIE SHACKLEFURD, daughter of
H. . Shackleford.
MRS. S. L. TLMBLESON and three chil
dren. MRS. MARY LESTER and four children.
t.ALEM WHITE.
MRS. IRA WILLIAMS.
FRANK EAKiN. son of Sam Eakin;
killed by lightning.
Injured;
James Simpson.
Miss Alice Simpson.
Moore; arm broken.
Hohbs; fatally.
C. R. Christian and family.
J. M. Steward and family.
C. H. Williams; leg broken.
Miss Nannie Austin; seriously.
J. J. Woodson.
Frank Woodson; seriously.
Mrs. Jesse.
R. C. Shackleford and wife.
C. Z. Shackleford; Injured about head.
Four of his children also received serious
injuries.
A child of Mrs. Mary Lester is believed
to be fatally Injured.
Many farm houses were swept entirely
aw.-.y. The Baptist and Methodist churches
at Belcher were considerably damaged.
The Methodist church at Montague Is
reported a wreck and the court house dam
aged, also other churches there. The Dixie
school house, six miles south of here, was
entirely blown away. Hailstones as large
as hens' eggs fell here, breaking out. many
window glass. Reports of the work of
the tornado are still coming in. The num
ber of killed and Injured probably will
reach sixty.
Ten Dead In Montaaue.
MONTAGUE, Tex., July 5. Ten people
are dead as a result of a tornado that
passed over Montague this afternoon. They
are;
MISS SADIE EARL, daughter of A. P.
Earl.
HI'RKE EARL, his son.
HA B V OF LAWRENCE PILLOW.
TOM I. IN SON FAMILY, consisting of
husband, wife and four children.
Fatally injured:
Clalbourne White, 45 years of age.
Houses totally demolished: J. F. Clark's
drug store; D. Y. Lunn's grocery store and
offices; old bank building, occupied by O.
L. Alcorn, real estate agent; store of Rowe
Hardware company; fifteen dwellings.
The tornado lasted perhaps thirty min
utes. Hundreds of head of stock In this
vicinity were killed outright by the wind.
The number of Injured Is unknown.
Dead Rntlmated at Forts "
FORT WORTH, Tex., July 5. A tornado
which struck Texas lr. the upper edge of
Montague county, coming from the north
east and swinging far to the southeast,
this afternoon caused the loss. It Is believed,
of forty lives, Injured a large number of
people and did untold damage to growing
cropi and cattle.
Fortunately the tornado missed the small
towns In the section through which It
swept, but It zlg-zagged In such a way as
to take In the homes of many farmers and
stock raisers In the section.
At Jacksboro the force of the wind was
terrific. The Baptist church and twenty
other buildings were blown off their founda
tions and a number of buildings totally
destroyed.
Mrs. Travis Calhoun was seriously In
jured. Travis Calhoun, Mrs. Thomas Horton
and Henry Wesser and family were also
Injured.
At Montague no lives were lost in the
town, but In the country there was great
loss of life reported.
The wires are down In all directions and
it is difficult to get particulars. Ten persons
are known to be dead In the neighborhood
and unconfirmed reports are to the effect
I that the list will go as high as forty. Most
of those killed lived on Salt creek, along
j which the tornado swept with special force.
At Nacona the tornado passed a few
miles to the south and latest lists give the
( dead at fourteen and the injured at forty
l one. A reliable man at Nacona, who has
' been over the scene, says that reports were
being received of the dead when he left
there and he places the loss of life at sixty.
Owing to the widely separated homes and
; the fact that in many Instances whole faml
; lies were wiped out, detall.i and names are
hard to et.
InEW LOAN BY THE JAPANESE
Bonds to Boar Four and One-Half
Per Cent Interest and Secured
on Tobacco Monopoly.
NEW YORK, July 5.-Semi-offlclaI de
tails concerning the latest Japanese loan
of $150,000,000 were made public today. The
bonds will bear Interest at 4i per cent
and will be secured by a second Hen upon
the tobacco monopoly.
The syndicate underwriting the loan con
sists of Barr's bank, limited, of London,
the Hong Kong & Shanghai Banking cor
poration and the Yokohama Specie bank.
! limited, with whom are associated Kuhn,
j Loeb oi Co. of this city and the Deutsche
j aiiuciic iiim o xJt-iiui. i lie iNailonal
Aslasche hiink of Berlin. The N
merce, both of New York City, will assist
Kuhn, Loeb & Co. in the flotation In this
country.
The loan will be divided Into three equal
parts, London, Berlin and New York each
taking $50,0u0,ou0. The Subscription price
probably will be the same as the previous
I loan, which was 87V An interesting fea
1 ture is Germany's direct participation In
I the loan. The Japanese government prac
I tlcally pledges Itself not to draw upon the
subscriptions received here before Octo
btr 31.
In the event of peace resulting from the
coming negotiations between Russia and
Japan the proceeds of this loan will be
applied to the refunding of Japans In
ternal debt. If not it will go Into the coun
try's war credit.
WRECK ON GREAT NORTHERN
Passenger Train Goes Through
Brldce In Xorth DakotaAll
Cars Burned.
GREAT FALLS, Mont., July S Great
Northern passenger train No. S, west
bound, was wrecked at Springbrook, N.
D., tonight. All penger cars were
burned. Several persons were Injured, but
so far as learned no on was killed.
PRESIDENT EN ROUTE HOME
Durlnn the Aft.
Extended I
F.lll
noon He Holds aa
nferenee with
i Root.
PITTSBURG, July S. The president's
train arrived here u a special from Cleve
land at 8:50 p. m., exactly on schedule
time, and at 9 o'clock left for the east ts
the second section of No. 6. At the station
quite a large crowd had gathered to greet
the president, but no formal reception was
given him. After repeated calls for a
speech the president came to the rear plat
form of his car and said:
My friends. I should not be expected to
make a speech on this occasion, as I nm
returning from the funeral of Mr. Hay.
who was a friend of nil the people and for
whom 1 had a deep affection.
President Roosevelt passed the afternoon
and evening after leaving Cleveland In In
formal conferences with his cabinet officers
and friends on board his special train. At
1:15 p. m. the train drew out of the Union
station at Cleveland and ran to Wheelock
Siding, seventeen miles east of Cleveland,
where it remained until 3:45, when the trip
to Oyster Bay was resumed. During the
run to Wheeler and the brief stay there
luncheon was served, the president having
as his personal guests Ellhu Root, Paul
Morton, Charles Emory Smith, Secretary
Shaw, Attorney General Moody, Postmaster
General Cortelyou and Dr. Rixey. Durtng
the afternoon the president took up some
Important matters with the members of his
cabinet Individually.
The president talked long and earnestly
with former Secretary Root, who has been
almost constantly with him since he Joined
him In Jersey City yesterday afternoon. It
Is yet 'oo eariy to m$.ke any announcement
regarding the succiisorshlp to Secretary
Hay, but It is know that the subject was
considered informally by the president to
day. It Is not unlikely the president may
authorize a statement in the near future
regarding the appointment, but he has not
indicated yet, at least not for publication,
who his choice may be for secretary of
state.
The members of the cabinet who are with
the president will leave the special train
at Philadelphia at 7 o'clock tomorrow
morning and return directly to Washington.
The president will reach Oyster Bay at
11 a. m. tomorrow.
Secretary Metcalf left the party at Cleve
land to go to Utlca, N. Y., whore he will
Join his wife and from there go to Oakland,
C'al., by way of tha Canadian Pacific, for
a short vacation.
DUNNE EXPLAINS HIS PLAN
Mayor of Chlraao Outlines Scheme
for Municipal Control of
Traction Lines.
CHICAGO, July 6 Mayor Edward F.
Dunne told the city council tonight his
plans for municipal ownership of traction
properties. It was not municipal owner
ship absolutely, but, as the mayor ex
plained, the nearest thing possible undor
existing conditions, and he asked the alder
men to consider It carefully. Absolute mu
nicipal ownership and operation, the mayor
said, he does not consider practical Just
now.
The plan which tho mayor ofTer?3 pro
vides for the lncTrpjt-!-ri t a company,
managed by five men who command the
confidence of the people of Chicago. To
this company Is to be granted a twenty
year franchise covering the streets In
which the rights of the old companies al
ready have expired or soon will expire.
It Is to be stocked to the amount neces
sary to establish a street car system In
these streets, roughly estimated at 240
miles. No bonds ore to be sold.
The stock is to be deposited with a trust
company which the five directors ore to
select, so as to prevent a purchase of it
and subsequent control by outside inter
ests. The stock Is to be sold at popular sub
scription. At any time the city may elect It can
take over the property on an appraised
valuation.
PRICE OF WHEAT GOES OFF
Chicago and w York Markets Show
Decline In the September
Option.
CHICAGO, July 5.-After selling within
a 4-cent range here today, wheat for Sep
tember delivery closed at a net decline of
cents, compared with Saturday's finpl
figures. The wide fluctuation in price was
due almost wholly to conflicting reports as
to the condition of the spring sown crop.
At the start the market was decidedly
strong s.s a result of influential buying
brought out by damage reports from pri
vate sources, initial quotations of Sep
tember were up to 1H cents at igjH4
cents. Later a sharp break In prices oc
curred, September dropping to 87V4 cents.
An official report asserting that spring
wheat is in excellent condition was the
occasion for the severe decline.
NEW YORK. July 6.-The New York
wheat market broke 3V cents a bushel to
day, September selling from 94" to 91
cents. It was due to overloaded conditions
in the trade meeting a weekly government
report that failed to confirm previous ad
vices as to northwest damage.
DEATH F0LL0WSAN EXPLOSION
West Virginia Miners Die as Result
of Accident Where Dust
Accumulates.
BLUEFIELD, W. Vs., July 5-By an
explosion in the Tidewater coal mine at
Vivian, twenty miles west of this city, to
day, nine miners all of whom were Italians,
were Injured and two of them died later
In the hospital, while three more are In
a precarious condition with slight chances
of recovery. All of the men were bi ned
tadly. The dead are Lee Mozzllle and An
tonio Bupltomio.
The explosion occurred at about 8 30
o'clock this morning. Mine officials claim
that the explosion was caused by a very
heavy shock in robbing the pockets and
that dust Ignited. The Tidewater mine Is
located about two miles from Vivian, W.
Va., and employs 200 men.
Pool Sellers Cases Continued.
ST. LOUIS. July 5 The cases of Georgs
Ehrlieh and Max Gumperts. eharaed wuh
I violation of the ami-pool selling law at
ueimar race iracis, wnicn were set for hear
ing today In the circuit court at Clayton
were continued until July 24 on account of
an Injury suffered by County Prosecuting
Attorney Johnson yesterday.
Bishop PpaldlusT Better.
PEORIA, 111., July 8 Bishop Spalding
left today for his summer home at Leba
non. Ky., where he will remain until
autumn. His health has vastly Improved
and his only tfouhle now is with his arm
He will be the guest of his sister.
firand Jury to Probe F.iultable.
NEW YORK. July 5. Remarks made bv
Judge Warren B Foster to membei s of
the July giand Jury when they were sum
moned today leads to the belief that the
Investigation of the Equitable Life so
ciety is about to bs taken up by District
Attorney Jerome.
CITY COUNCIL PROCEEDINGS
Another Effort to Compel Disturbers to
Repair Pavements.
ORDINANCE AND RESOLUTION OFFERED
First Provides New Plan for Issuance
of Permits anil second Instructs
City Attorney to sne for Out.
stundlun; Claims.
Measures towards protecting the pave
ments and requiring public service cor
porations and individuals to pay for re
pairs were Introduced In the council last
night by President 7-lmman in the shape
of an ordinance and a resolution. The
ordinance is a long one and arranges new
proceedure for corporations, plumbing firms
and other persons when they wish to tear
tip paements. The whole matter is placed
In charge of the engineering department,
which is to make all repairs and charge
the cost to the corporation or person caus
ing the disturbance. When the engineer
gives out the permit he Is to issue, also,
an estimate of the cost of repairs and an
amount covering the same must be de
posited Immediately with the c!y treas
urer and placed to the credit of the gut
tering and paving fund. In the case of
the street railway company, when It re
pairs or relay tracks, all paving repairs
outside the rails are to be made by the
city and charged to the company monthly
and collected under penalty of refusal of
future permits to alter tracks.
Bonds are to be given by companies or
persons taking out permits and the regu
lations apply to alleys and sidewalks as
well as streets. If paving sinks over a
fill or ditch It must be restored by the
ones holding the permit. Regulations are
made for the doing of work. Installing
valve and meter boxes and filing plans of
the same with the city engineer. Poles of
all kinds come under the head of the ordi
nance and when abandoned must be re
moved and the ground filled. A schedule
of prices for the basing of estimates is
provided and a penalty affixed of from
1100 to W0 fine and not to exceed thirty
days' Imprisonment.
Golns; Bark for Dsmsgra,
The resolution was adopted and is re
troactive and commands the engineer, In
view of tho early operation of the muni
cipal asphalt repair plant, to check up all
damage to paving done by public fran-
cliised corporations and in particular the
street railway company, and make a re
port to the council. Ho Is requested to go
Into detail and not to overlook anything,
but specially the damage done by tho
traction company In relaying and repair
ing tracks. The bills are to go back as
far as possible and the city clerk Is di
rected to notify each corporation, and all
five are named, of the bills standing
against it, as soon as the amounts are
turned In. If payment Is not made within
ten days the attorney Is instructed to
begin suit against the companies to re
cover on their bonds guaranteeing the
restoration of paving.
The ordinance was read the first and
second times and referred to the committee
on Judiciary."
the Ret tha Official Paper.
The Bee bad no difficulty In again cap
turing the contract and designation as the
official paper of the city. The World
Herald and Dally News submitted the full
legal prices, or 50 cents per square of ten
unleaded nonpareil lines, and 30 cents for
each subsequent insertion, whereas The
Bee quoted prices much lower, proposing
to make the first Insertion for 37V4 cents
a square, the second for 2414. third for 22
cents and a cent less for each subsequent
insertion down to the tenth at 12 cents, this
price to govern if more insertions are re
quired. The contract was awarded to The
Bee upon the immediate report of tho
Judiciary committee and is for one year.
Proprietor Hitchcock of the World-Herald
remarked sorrowfully that he did not ex
pect to get the city advertising anyway,
but Intimated that he quoted the full
legal limit merely for form's sake.
Councilman Back had a resolution
adopted which forbids heads of depart
ments to leave the city without permis
sion from the council. In emergencies
they are expected to report to the city
clerk, who will Inform the council at the
next meeting where the missing depart
mental head has gone.
Start on w Paving:,
New paving may be started next week
or even this week if the mayor hurries
and puts his name on several ordinances
ordering the Improvements and directing
the city engineer to get busy about It.
The streets finally ordered paved by or
dinance are, Spnuldlng from Twenty-fourth
to Thirtieth with Purington block, Seven
teenth avenue from Jackson to Leaven
worth with Purington block, Capitol ave
nue from Twenty-fourth to Twenty-sixth
with asphalt, Twe'tty-slxth from Dodge
to Chicago with asphalt, and Eighteenth
from Corby to Spencer with Purington
block.
Ordinances were Introduced creating pav
ing improvement districts for California,
from Twtnty-third to Twenty-sixth; Twenty-fifth,
from Dodge to California; Daven
rort, from Eighteenth to Twenty-second;
Davenport, from Fortieth to Forty-third,
and Maple, from Twentieth to Twenty
fourth. The ordinance creating the paving
district for Davenport street, from Cen
tral boulevard to Thirty-first, north, was
passed.
Petitions were received asking for pav
ing on Chicago street, from Thirty-eighth
to Thirty-ninth; Thirtieth, from Leaven
worth to Jackson; Thirty-eighth, from Far
nam to Dodge, and designated brick block
as the material for Twentieth street, from
Farnam to Leavenworth.
The first appropriation ordinance, arrange
ing for the weekly payment of the wages
of day laborers, was IntVoduced and passed,
and employes of this class can get their
warrants today for last week.
Gas Company Anticipates Contract.
The Omaha Gas company, through Coun
cilman Dyball, put lfl an anticipatory ordi
nance authorizing the mayor to make a
rive-year contract at the $28 rate for 80-candle-power
gas lamps. It was referred
to the lighting committee.
An ordinance was introduced proposing
to require a $u0 annual license and bond
of 12,000 for any person or llrm in the arti
ficial stone, asphalt or composite sidewalk
business, the bond to guarantee the com-
pllance with approved specifications and
the maintenance of the walks In good re
pair for five years after construction. Pres
ident Zlmman said the city engineer would
later explain the object of the law, which
has a $M fine attached.
The committee on railways, telegraphs
and telephones, reporting on Dr. S. D.
Mercer's request that the street railway
company be required to take up unused
tracks on Eleventh street between How
ard and Jackson, and on Howard between
Eleventh and Twelfth, said that street
railway officers had assured them that
Continued on Second Page )
NEBRASKA WEATHER FORECAST
Fair and Warmer Thurkday. Friday
Fair.
Temperature at Omaha Veslerdayl
Hour. Ilea. Hour. Ilea-.
n a. m u 1 p. m Trt
a. in i!2 3 p. m TT
7 a. m Ill 3 p. in TS
a. m mi 4 p. ni Tl
n a. m km ft p. m ..... . Tft
10 a. m To h p. m 7tl
11 a. m Tit T p. m Tt
12 m 7a H p. m Tl
n p. m TO
OREGON LANE) FRAUD CASES
Three Conspirators Knter Pleas of
tinllty Conaressman Hermann
to Be Tried In Washington.
TORTLAND. Ore., July R. In the federal
court today the case against Congressman
Ringer Hermann. Indicted In connection
with the land frauds In this state, was
placed at the bottom of the calendar. This
Is believed to Indicate that Hermann will
first be brouebt to trial on the Indictment
returned against him in Washington, D. C.
After listening to the argument of a
demurrer to an Indictment against State
Senator W. W. Stelwer, H. H. Hendricks
and Congressman Hermann for illegally
fencing lands In Wheeler county, Oregon,
the court took the motion under advisement
and will onnou'" decision tomorrow.
In the matter of the Indictment and trial
of 8. A. D. Putit, Marie Ware, Emma L.
Watson and State Senator F. P. Mays,
charged with conspiracy to defraud the
government, it was announced that the
first three named had agreed to plead
guilty, leaving Mays the only one not ad
mitting his guilt. Mays is ill at Oakland,
Cal., nnd cannot appear tomorrow as ex
pected. Several other cases in con
nection with land frauds In this state
have been set for tomorrow. Cases In
which Senator Mitchell is Involved were
placed near the fool of the calendar, prob
ably indicating that ho will not ngain lie
tried for alleged offenses against the gov
ernment. The government was given until Monday
to answer a plea in abatement filed by ex
United States Attorney John Hall, ex-Major
Harry Rees, C. F. Ixird and Henry Ford,
who are charged with having conspired to
blacken the character of I'nited States Dis
trict Attorney Heney. Judge Dellaven also
ordered these defendants to uppear for ar
raignment on the sams day.
HEAVY RAINS IN THE EAST
Downpour of Three Inches In Little
Over an Hour In Wash
ington. WASHINGTON, July 5. -One of the heav
iest rainstorms ever experienced In Wash
ington occurred tonight, when the down
pour reached almost the proportions of a
cloudburst. Between 7:22 and 8:40 p. m.
the rainfall amounted to 3.11 Inches, a
greater amount than during any day of
twenty-four hours, with but three excep
tions, during the last thirty-three years.
Considerable damage was done about the
extensive railroad terminal Improvements
now In progress here.
BALTIMOR11. Md., July B.-An Immense
amount 01 namage, wnicn cannot yet even
be estimated owing to Interruption of com
munlcatlon by wire with the effected ter
ritory, was done in Baltimore city and
county tonight by heavy rains cuimlnat
Ing In a cloudburst In tho vicinity of
Tlmonium, a small station on the North
em Central railroad. The Green Spring,
Western Run and gunpowder valleys sent
torrents southward and through Jones
Falls, a stream running through the cen
tral portion of this city and which at one
time constituted the dividing line between
east and west, poured a flood of water
Into this city which was strongly suggest
Ive of the memorable flood of IStJS. Among
the streams in the section of the county
Indicated bridges, houses and barns havo
been washed away, live stock has been
drowned, railroad tracks have been de
stroyed and telegraph and telephone lines
have been broken. So far as can be learned
tonight there has been no loss of human
life.
THREE TRAINMEN KILLED
Disastrous Head-on Collision on
Boston Maine Bond Near
Wachusett.
FITCH BURG, Mass., July 5. Three rail
road employes were killed, two Injured and
thousands of dollars worth of property de
stroyed by a head-on collision late this
afternoon between an east bound express
freight train and a west bound coal train
near Wachusett station of the Fltchburg
division of the Boston & Maine railroad.
All, traffic on the main line was blocked.
The dead:
C. H. KENDALL, engineer of east bou-id
train.
J. H. BEHM, head brakeman of east
bound train.
CLIFFORD A. SMITH, engineer of west
bound train.
The accident was due to some misunder
standing regarding the signalling of the
eatt bound freight.
Mnrder Charged to Woman.
MASON CITY, la., July 6. (Special. )
Ed Anderson, who was found at the bottom
of a ravine with his life almost crushed out
and who subsequently died at midnight, Is
believed to have been the victim of a
woman. Evidence Is at hand which Indi
cates that a woman pushed Anderson to
his death from the cliff at the bottom of
which in the mire and slush he was found,
after he had lain all night.
Roy Shoots Grandmother.
MARSHALLTOWN, In.. July 5.-Speclal
Telegram.) Mrs. Nelson Fields, living near
this city, was shot today by her grandson,
who brought a loaded weapon into the
house and dropped it. The charge took ef
fect in her leg below the knee, shattering
the bone. The limb was amputated.
Top of Head Shot On.
OTTUMWA, la., July 5. (Special ) Frank
Roots Is In the hospital with the top of his
head blown nearly off as the result of a
mysterious shooting afray in "Smoky
Row." Mrs. James Merritt, a white woman,
is under arrest, charged with the assault.
Two Bos Burn to Heath.
DE8 MOINES, la., July 5,-The 5-year-old
son of Samuel Squillman of Seymour,
la., and the 4-year-old son of a neighbor,
George Blllard, were burned to death to
day In a fire caused by fire crackers,
which destroyed Squlllman's home.
Movements of Ocean Vessels July ft.
At New York Arrived : Barbarossa, from
Bremen; Prinzess Irene, from Naples; Cal
cbrla, from Naples.
At QueeiiMown Arrived : frlesland, from
Philadelphia; Teutonic, from New Yolk.
Stilled: Saxonla, for Boston.
At Copenhagen Arrived: Helllg Olav,
from New York.
At Marseiles Arrived: Gallia, from Ne-v
York.
At Dover Arrived: Patricia, from New
York.
At Liverpool Sailed : Cedrle, for New
York: Haverford. for Philadelphia.
At Yokohama Arrived : China, from Baa
Francisco; Kanagawa, from tteattla.
HAY LAID TO REST
Final 6errices Over Body of American
Statesman at ClerelancL
BURIAL IN LAKEW00D CEMETERY
family and Close Fersonal Friends Only
Fersons in Attendance.
PRESIDENT ARRIVES AT 9 O'CLOCK
With Members of Cabinet He is Driten to
Chamter of Commerce.
VICE PRESIDENT FAIRBANKS PRESENT
Procession la Escorted by Cavalry.
men to Cemetery Chapel, Where
Brief Services Are
Held.
CLEVELAND, July &. At almost exactly
noon today- the body of John Hay was
laid to rest In Lakevlew cemetery. Around
the open grave at the last moment stood
with bowed heads the president and vies
president of tho United States, members
and ex-members of the presidential cabinet
and men who had In former years served
with the late secretary In the official fam
ily of President McKlnley. There wera
many others who willingly would have paid
a tribute of honor and respect to Mf. Hay,
hut it was the wish of his family that tha
funeral should be conducted for John Hay
the man they knew and loved In private
life and not for the brilliant and forceful
premier whose name is honored wherever
clean statesmanship Is esteemed among
men.
Tho assemblage at his funeral and around
his grave was therefore small. The visible
honors accorded him in death were In a
ratio directly inverse to those freely given
him in life, and perhaps no greater testi
mony to tlio worth of the man could have
been given than the quiet manner In which
his countrymen who appreciated his char
acter and achievements stood asida at his
family's wish to take hostago of the fu
ture for the endurance of his fame. The
events of the day commenced with the ar
rival of President Roosevelt's train at 9 a,
m. and closed with Its departure at 3. The
funeral itself was held between 11 and 111
o'clock, tho interment being at noon.
President's Train Arrives.
When at 9 o'clock tho special train car
rying President Rooisevelt and members of
his cabinet arrived at the depot of the
Pennsylvania, tallroad a reception com
mittee composed of tho members of the
Chamber of Commercs, headed by Presi
dent Ambrose Swazey, was In waiting, and
as the train stopped Mr. Swazey .stepped
quickly forward, entered the president's
car and greeted him. The other members
of the reception committee were then pre
sented to the president and members of
the cabinet. A short conversation ensued
between President Roosevelt and Mr.
Swazey relative to the arrangements
which had been made, for tho participation
of the presidential party and then, with a
quick nod of the head, signifying hs under
stood, the president walked from the train
to his carriage, accompanied by Mr.
Swazey. As soon as they had taken their
seats the members of the cabinet and the
reception committee entered the other car
riage and, headed by the hard-riding mem
bers of Troop A, the procession of car
riages moved oft at a smurt trot for the
Chamber of Commerce, two miles away,
where the body of Mr. Hay lay In state.
In the presidential party were Leslie M.
Shaw, secretary of the treasury; Charles
J. Bonaparte, secretary of the navy; James
Wilson, secretary of agriculture; E. A.
Hitchcock, secretary of the Interior; Victor
H. Metcalf, secretary of commerce and
labor; Postmaster General George B. Cor
telyou, Attorney General W. H. Moody,
Setrator P. C. K ox of Pennsylvania,
former attorney general; Charles Emory
Smith, former postmaster general; Paul
Morton, former secretary of the navy, and
Ellhu Root, former secretary of war. In
addition there were the president's stenog
rapher, M. A. Latta, and the president's
secretary, William J. Lobe, Jr., and Dr.
Rixey surgeon general of the navy.
Urge Crowd Assembles.
An enormous crowd had gathered In
front of the chamber of commerce to see
the coming of the president and the depart
ure of the funeral, and a strong detail of
police was necessary to keep them In line.
Side by side with Mr. Swasey, and closely
followed by Vice President Fairbanks, who,
in company with Governor Herrick, met the
president at the depot, and the members
of the cabinet and reception committee,
the president passed slowely along tha
hall toward the door of the auditorium In
which the body lay. The two sentries on
guard at the door fell back with presented
arms, and giving them a quick, nervous
salute, the president entered and stood by
the casket. The members of the presi
dential party followed, and when all had
entered the doors were swung, and tha
sentries resumed their guard once more.
It was the expresed wish of Mrs Hay
that President Roosevelt be allowed to sea
the face of his secretary again If be de
sired to do so. When the matter was men
tioned to tho president he declined to dis
turb the existing arrangements In the
slightest degree and the casket was not
opened.
There wa: a brief pause during which ths
president and members of the cabinet
stepped forward to pay their respects to
Mrs. Hay, aa she entered the auditorium
from an ante-room, and then all was ready
for the departure from the hall. The mem
bers of the cabinet, present and past,
ranged themselves in advance of tha bier
and the six non-commissioned officers of
Troop A took their places at the side of ths
casket.
Moved to Cemetery.
When tho honorary pall-bearers moved
forward the casket was raised by tfie cav
alrymen and. followed by the members
of the reception committee. It was borne
the Hay family, the president and members
of the reception committee. It was borne
along the hallway and out to the funeral
car at the door. The sapres of the caval
rymen flashed In the sun us a salute as the
casket appealed In the doorway and every
hat in the great and wailing crowd was
removed. The members of the cabinet
formed in lines outside the door and ths
casket was oorne between them and placed
in the hearse. The carriages of the pall
bearers then formed a line l.t advance of
the hearse and those of the family, of Prtsl-
j dent Roosevelt and of the commltttea
followed on. A few sharp words of com
mand, scurrying and trampling of hoofs
and the cavalrymen wheeled Into column
and passd to the front of the cortege.
There was no delay, and the cavalrymen,
moving at a quick trot, passed straight
south to Euclid avenue and then dua ea.it
to the cemetery five miles away.
Tho drive to the cemetery occupied, th.
I