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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 1, 1905)
The Omaha Daily Bee. OAKS CROW FROM ACORNS BEE ADS BUILD BUSINESS BIG BUSINESS OR UTILE BEE ADS WILL BOOST IT. ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, AUGUST 1, 1005 TEN I'AOKS. SINGLE COl'Y TIIUEE CENTS. SUIT FOR SURPLUS Attorney General of New York Filet Bill in Equitable Affair. DIRECTORS ACCUSED OF IRREGULARITIES Charges Made that Tbey I to Loot Treat FUNDS ARE IMPROPEI Complaint Demands that Money to 805 ted Officer! i. EXPENDED e ton Refund DEPOSITS MADE IN F ID BANKS Charges that Annoil Report Arc Falsified, Shawls that MoT on Deposit Wii Loaned on Collateral. NEW YORK, July Sl.-An action was In stituted today by State Attorney General Jullua M. Mayer In the supreme court. New York county, In the nnme of the people of the state of New York walnut the Equitable Life Assurance aociety, Ita officers, direc tor and membera of the executive and finance committee, all of, which axe named In the complaint. The defendants are: The Equitable Life Assurance Society of the United States and James w. Alexander, Louis Fitzgerald. Chauncey M. Depew, Henry C. Deniing. Cornelius N. Bliss, George H. Squire, Thomas D. Jordan, Charles B. Smith. Valentine P. Snyder, Alvln W. Kirch William Alexander. John J. McCook, James B. Forgan, C. Ledyard Blair, Brayton Ives. Melville E. Incalls, T U 11.- ltainH.P T PaftSAtt. Jacob H. Schlff, Barnes J. Hill, T. Jefferson Coolldge, Alfred G. Vanderbllt. John Jacob Antnr William C. VanHorne. Gage fc.. tar bell, Marvin Hughltt, Charles B. Alexander, Thomas Dewitl l.uyier, Marceiiuii namey Dodge, Jose F. DeNavarro, Bradlsh John son. Joseph P. Low, John A. Stewart, Ed ward H. Harrlman, Levi P. Morton, August Belmoot, Darius O. Mills. Robert T. Lin coln, George J. Oould, John Sloane, George T. Wilson, Thomas T. Eckert, William w. Melntyre. Henry M. Aiexanaer, nrnii ., P-rtcl Raninxl VC Inman. Henry C. Haar stack. David H. Moffatt and Henry R. Wlnthrop. A week ago, before the papers were com pletcd. Edward H. Harrlman, on the eve of his departure for Japan, accepted service of the summons In the proposed action and today many of the other defendants. In cluding James II. Hyde, were served through their private counsel. The defend ants are allowed twenty days from the time of service to file their answers. Chsrgei In the Complaint. The complaint contains twenty-one sec tions and covers thirty-three pages of type written matter, refers to the Frlck com mlttee report and the Investigation made by State Superintendent of Insurance Hen drlcks; is based on Information and belief and Attorney General Mayer In his prayer to the court says that the action was brought on behalf of the people of the suite of New York in the public interests and pursuant to the provisions of law. He therefore asks: 1. That the defendants, each of them. other than the defendant, the Equitable Life Assurance Society of the United States, auoaunt tn. their .oftkifcil conduct In the management - ait otspoHition of the funds and property committed to their charge. 2. That the individual defendants and each of them be compelled to pay the de fendant, the Equitable Life Assurance So ciety of the United States, any money and the value of any property, which they or any of them, have acquired to themselves, or transferred to others, or lost, or wasted, by a violation of their duties. I. That any defendant, or defendants, now a director qr directors or officers in the defendant society, upon proof of mis conduct, be removed, and that a new elec tion be held by the board of the defendant society, regularly authorised to hold same, In order to supply the vacancy or vacancies created by the removal. 4. That the net surplus of defendant so ciety, after deducting a sufficient amount to cover all outstanding risks and obliga tions, be paid to or credited to, or applied for the benefit of, the present policy hold ers in equitable proportion in accordance with the charter and with the law. 6. That the plaintiff have such other further relief as may be just, equitable and profitable." Directors Accused of Neglect. The complaint charges that the Individual ' defendants, disregarding their duty to the Oclety of which luey were directors, "neg ligently, Improperly and Improvldentiy per formed such duties and have habitually and continuously done, or suffered to be done, wrongful, Illegal and Improper acts, where' of the defendant society has suffered great loss and damage. The Individual defendants are further charged with having "acquired to them selves, or caused or permitted to be trans ferred to others. In violation of their i duties, money, property, and the' value of property Belonging to tne derenciant so ciety." Section ten of the complaint deals with the lease of premises In New York to the Mercantile Safe Deposit company, the rental of which Is declared to have been Inadequate, and the terms of lease greatly to the disadvantage of the Equitable so ciety; furthermore that James H. Hyde. James W. Alexander, Gage E. Tarbell and other defendants were directors In the Mer cantile Safe Deposit company and thereby derived a profit In violation of their duly to the Equitable society. Safe Depoalt Bcaadal. Referring to the purchsse of ths capita! stock of the Mercantile Safe Depoalt com pany, for which the Equitable paid $260 for each tlOO par value, the eleventh section of the complaint declares that the Equita ble received but a nominal rent for the premises occupied by the safe deposit com pany; that at the time of the stock pur chase 1.410 shares out of a total of 2,(k0 hares were owned by Jamea H Hyde, and the remainder by others of the Individual defendants, some of whom were officers In the Safe Deposit company and in the Equitable; furthermore, at the time of the purchase the Safe Deposit company had no assets beyond the lease and the good' will of the business by virtue of the lease. The matter of loans to agents, which were assigned to the Commercial Trust company of Philadelphia, Is set forth, the charge being made that for the money ad vanced on such asslgnmenfs 6 per cent in terest was paid, while the truat company 'at the same time held large sums of the society's money for which It paid but t per cent Interest. Referring to the merger in 1893 of the Western National bank of the city of New York, in which the Equitable aociety was the owner of 11,000 shares, with the National Bank of the United States of New York, the complaint says the society received 170 in cash and tie) In stock of the Consolidated bank In exchange for each lino par value ft the stock In the Western National bank, making the total amount received S210 for each share, the market value of which at the time was from $00 to S428 per share. F-atravagaace la Salaries. A schedule of the salaries paid during Of the society Is appended to the complaint (Continued on Second PaxaJ GERMANS ACTIVE IN MOROCCO Attempt of Kaiser's Subjects to Gain Concessions Causes Distrust la France, PARIS. July SI. The activity of the Ger man commercial agents and officials with reference to the Morocrnn situation Is caus ing grave doubts on the part of the French people as to Germany's gind faith. Despite the decision of the two governments not to interfere with the ttatus iuo until the lntr- nstlonal conference meets the Germans are trying their utmost to extract commercial concessions from the sultan, hoping thereby to strengthen German's position at the con ference. Inqirlrles In well Informed circles, how ever, show that It Is not believed that Ger many Is officially authorizing these efforts to secure advantage, though differences are likely to arise from this action, with conse quent protraction of negotiations. Count von Tattenhsch-Ashold appears to he farthering the efferts of the German agents, which already have resulted in se curing a concession for the construction of wharves, while strong efforts are being made to obtain a cable concession and the acceptance of a German loan. Such pro ceedings. It Is believed here, do not tend to hasten a friendly understanding, but the approaching Interview between Premier Rouvler and Prince von Radolin. the Ger man ambassador to France, Is expected to result In the dispelling of doubts and the completion of a satisfactory arrangement. TELLS OF FIGHT IN AFRICA Germany Receives Official Report of Oraah Between German and French Soldiers, BERLIN, July 31. An official report from the governor of Camercoa was received today by the colonial division of the For eign office concerning the sfTalr on the French Congo frontier. It says the Scn galeae soldiers forcibly closed the German station at Mlssum Mlssum and plundered merchandise. Captain Scheunemann, who was at the time In the southern part of the district, was shot on his march to Mlssum Mlssum by French Sengalese troops and the Germans returned the fire, killing five and capturing four. The t ovemor of Cameroon upon receiving a report of the affair from the commander of the German troops. Colonel Mueller, sent a protest to Bagun, the residence of the French local governor, and also com municated with the governor general of the French Congo In Brazzaville, who pro posed that a Joint commission should im mediately be sent to the spot to Investigate the trouble and to arrange for the preven tion of such Incidents. To this the German administration agreed.' AMERICANS VISIT VATICAN i Pope Pins Receives Delegation of Pil. Brims Good Words for People of I'nlted State's. ROME July 31. The Pope this after noon received In private audience the American pilgrimage headed by the Rev. John J. Mogralne In a manner flattering to all Americans. After giving each mem ber of the party his hand to kiss, the pon tiff made quite a long address, saying that he loves all American, even the non Cathollcs, the latter for the liberty they allow the church. He ended by saving: America has a good right to be called the eldest daughter of the church, for al though she entered last among the nations, J bob nun given proois ot ner lovaitv. de votion and tolerance. The Catholics In Ajnerlca are not only protected but re spected. v He had therefore sent his blessing to all Americans. 'v After the audience the Pope was photo graphed, surrounded by the entire pilgrim age. He then took his leave after having shown what may be considered entirely unprecedented benevolence. JEWISH SOCIALISTS PROTEST Delegates to Zionist Congress Issue Circular to the Jewish People, BASLE. Switzerland. July 31 The social ist sections of the Zionist congress have Issued a circular to the Jewish people pro testing against their treatment during the meetings of the congress. They met today and expressed their disagreement with the decision adopted by he congress yester day not to accept the offer of Great Britain of a tract of land In East Africa for the formation of a Zlon colony. They decided to form a special Organization with the view of taking over the territory. Mean while the main body of the congress elected an organisation committee of which Dr. Henry Frlendenwald of Baltimore and Dr. J. M. Magens of Brooklyn were appointed members. During the discussions of the program Dr. Magens on behalf of the Amer ican delegates requested the reconsideration of the British proposal. Hojeatvensky Leaves His Bed. TOKIO, July 81. Admiral Rojestvensky's condition has made satisfactory progress since the operation was performed on his forehead. He was able to leave his bed and sit In a chair yesterday. Pains In one foot, however, prevent his walking freely, but no cause for uneasiness exists. The ad miral has expressed his sincere satisfaction at the treatment accorded him. Japan Tarns Point In Corra. SEOUL. Corea, July 30 (Delayed In Transmission.) Japanese influence has Anally secured free coast and interior navigation privileges in Corea. The con cession was passed by the cabinet 'after several weeks' consideration. Several cab inet ministers who were unwilling to grant the concessions resigned and thus shirked an unavoidable responsibility. Dutch Panlsh South Sea Islanders, AMSTERDAM, July 31-The Dutch expe dition sent against the rebellious native state of Bonl, in the Island of Cellebes, one of the Bund Islands In the East Indies, in flicted severe punishment on the natives. M0 of whom were killed. The fortifications of Badjoewa. one of the chief towns, were rased by the guns of the warships. William at Copenhagen. COPENHAGEN. July Sl.-The German Imperial yacht Hohensollern, with Emperor William on board, arrived here today. The emperor 'was received by King Christian, Crown Prince Frederick and Prime Minister Chrlstensen and proceeded to Bernstoff cas tle, where he will reside during his stay. Passenger Steamer an Rocks. TORONTO. OnL. July 31. The passenger steamer Argyle is on the rocks near Oshawa and will probably go to pieces. The 150 excursionists on board were taken off without difficulty. The Argyle la valued at S40.000. Frearh Sugar Firms Fall. PARIS, July 31-Owing to the allure of a big speculator to meet engagements, said to amount to S3.noo.nao, two of the leading sugar bouses have suspend saymenta. KUARD OF CROP STATISTICS (Secretary Wilson Announces Hew Plan of Collecting and Compiling Information. WILL COMMAND CONFIDENCE OF ALL n arena to Re In Charge Fonr Rspertn, Two of Whom Will Be from the of South. OYSTER BAY. N. Y., July Si-Secretary Wilson will reorganize thoroughly the crop statistics of the Department of Agriculture, according to Information here tonight. Al ready he Is seeking men of high standing and education to conduct the work of the bureau men In whom the farmers and growers of the country will have explicit confidence, and who will place the report of the bureau on a standard of excellence never heretofore achieved. One man he has found, although he does not at this time wish to publish his name. The other three he hopes to secure in a short time. Two of them will be southern men. and both will be experts In cotton and tobacco statistics. This, In brief, Is one of the Ideas which Secretary Wilson elucidated to Presi dent Roosevelt today. In response to Invitations twice extended. Secretary Wilson visited the president at Sagamore Hill this afternoon. He arrived here on the Long Island train at 12:20 p. m., and with Baron Rosen, the Russian ambas sador, was conveyed to the president's home. Prior to his conference with the president, Secretary Wilson was not com municative. It was known that he had come to Oyster Ray to discuss with the president, the situation In the Department of Agriculture as developed by the Investigations now in progress In the bureaus of statistics and of plant industry, but he declined to go into any details until ha had talked with the president. , In addition to the Inquiry which Is being made Into the alleged Irregulari ties which have developed, the secretary, on his own account, Is making a rigid In vestigation of other bureaus of the depart ment, his determination being absolutely to purge it of any taint of corruption. In his work Secretary Wilson has the approval of the president, whose direction has been to eliminate every form of graft In the de partment. Will Sot Resign. At the conclusion of his conference, Sec retary Wilson talked frankly about some phases of the work In his department. He was asked whether there was any likelihood of his early relinquishment of his portfolio as secretary of agriculture. He replied with a smile: "Do you remember the story of Andrew Falrservlce, In Sir Walter Scott's Rob Roy? Andrew's master was going to discharge him. In fact he told him to go. Andrew said: 'I won't go.' t " 'Why not?' asked the master. " 'Because I wont," replied Andrew. " "Well you are dicharged,' declared the master. " 'I won't go," retorted Andrew. " "If you don't know when you have a 'good servant, I know when I have a good master.' "Mine is not precisely a parallel case," continued the secretary, "but U serves to illustrate the situation. I have not been asked to go and I am not . Intending to resign. I am going to stick to my post and continue to build up that great depart- ment You will recall that when I went there I found practically nothing but a few roll top desks and a half dozen half starved scientists. Since that time we have built up an Improved branch of the government. The Agricultural department today Is a great department and I may say is as sound a nut. We are trying every day to make It better. Since I took charge of It 279 peo ple have been let out of Its service for va rious reasons, many of them on charges. of one kind or other. We make It a point to keep only first-class men and women. The purpose of the investigations now in pro gress is to purge the department of ail selfishness and corruption, and that end will be accomplished. It Is my purpose and It is the purpose of the president. Cotton Statistics Scandal. "No, I have'nt the slightest Idea of re signing," continued the secretary. "I see Mr. Jordan, president of the Southern Cot ton Growers' association. Is demanding my resignation in an Interview published to day. Now, I haven't a thing to say about Mr. Jordan. He may say what he pleases about me. That his own people do nut agree with him, however, Is evidenced by a telegram which 1 have Just received In fact, you saw me open It. Here it Is: "Washington. July 31, 1906. To Hon. James Wilson. Oyster Bay Dear Sir: In reference to the interview of President Harvle Jordan, published this morning in the Washington Post, 1 would say that I cannot endorse the same. The farmers and cotton growers of the south have implicit confidence in your honesty and ability to purge the department of all grafters, and they hope the president will not Interfere with the great work you are now doing for them. E. S. PETER8. Vice President, "Southern Cotton Growers' Association." "I have no Intention of becoming in volved In a newspaper controversy with Mr. Jordan or anybody else. I have my work to do and I'm going to do It." "Have you heard anything about Mr. Hyde?" "Well, he has gone to Europe," replied the secretary grimly. "I had no Idea he was going away from the country when he left the department. I received a letter from Mrs. Hyde explaining that she was responsible for his departure; that she nad purchased herself his steamship transporta tion, and had insisted that he go away on account of his health. She said he was In danger of a nervous collapse." Investigation of Charges, Concerning the Inquiries now being made Into the scandals by the Department of Justice, Secretary Wilson did not care to talk. "Manifestly." said he, "It would scarcely be proper for me to discuss the work of another department, particularly In the present circumstances. Only two cases now are before the attorney general from my department, that of Holmes and that of Dr. Moore. What may be the result of the inquiries I have no Idea. Dr. Moore had accomplished some fine results, and If he had only made clear to the department his entire connection with the Nltro Culture compeny, I think we would have kept him on a straight course." "No," continued Secretary Wilson. In re sponse to an Inquiry about the statement of T. D. Herman, manager of the Farmer and 8tockman ot Pittsburg, made In a let ter to the president, aa to the proof he pos sessed sgalnst Dr. Moore, "I have not seen the speclflc proofs be refers to, but such aa I have seen are of no public In terest. You would not publish them if yuu had them." Board of Crop Statistics. Then Secretary Wilson outlined his new 1 plan for the bureau of crop statistics. "This Is entirely new," said he, "and never has been published. It Is my Intea- CConUnued on Second. PagaJ PREPARE FOR UINTAH OPENING Chicago Detectives Arrive to Help Help rreserTe Order a,t Grand Junction, Colorado. ORAND'jt'NCTION. Colo.. July 31. -Eight private detectives have arrived In Grand Junction to assist the local authorities to keep order during the excited rush of land seekers to register for the opening of the Vlntah reservation. Mayor Bunting has ap pointed many special police officers, and It was Intended to give lawbreakers and criminals who come heT during the period of registration the closest attention. Gam bling has been prohibited. Eight registration officers from the gen eral land office at Washington are here, a like number at I'rovo and three each at Price and Vernal. About 3.000 applicants a day can be registered here. Many coffee houses nnd tents are being put up for the benefit of the "sooners." Estimates upon the- number that will come fluctuate between 10,(00 and BO.OOn. but the steady Inflow of early arrivals warrants the expectation of a big rush. Everything will be in readiness for the opening of the registration tomorrow. In all there are about S.O'O homesteads to be distributed) containing all kinds of land. All registration must be made In person. If the necsary requirements, such as being ellgiblfc to a homestead, etc., are fulfilled, all: persons registered will be given numbes. These nurnbers will then be thrown tf net her and will be drawn at Provo, rtah, beginning August 17. After the registration and drawing is finished the first fifty j successful persons will be given a day to enter their land at the land offlce at Vernal. Utah. The sec ond day, the second fifty will take their turn at entering lands that are presumed to have been selected by personal visit, and so on until the whole allotment Is ex hausted. After sixty hays of this pro cedure, if there Is any kind left. It will be open to any one and for entry under any of the United States land laws, mineral or otherwise. It Is expected that the mineral claims will be thrown open at once after the other land is taken, but this la unsettled yet, ac cording to Commissioner Richards' state ment. SALT LAKE CITY, July SO.-Promptly at 9 o'clock tomorrow, the registration of ap plicants for homestead entries on the Uin tah reservation will begin at Provo, Price and Vernal, Utah, and Grand Junction, Colo. The drawing will take place at Provo, beginning August 17. Those In charge of the drawing are W. A. Richards. John Dern of Salt Lr.ke City and Irving Howbert of Colorado Springs. More than 1.000 strangers already have ar rived at. Provo to await the registration and drawing, and the city Is like a frontier town of half a century ago. Tents cover the courthouse square and all vacant lots and prairie schooners f are lumbering In from every direction. Full provision has been made for the entertainment of all i strangers and ample police protection will be furnished. HENEY BEGINS HS ARGUMENT Defense In the Case of Williamson, Gessner aifd Rlggs Rests Runa away Witness Testifies. PORTLAND, Ore., Jui 31. In the trial of Williamson, Gesner and Biggs today, Williamson's nephew, Earnest Starr, testi fied that there had been an understanding between Gesner and himself, that Gesner should pay 1600 for Starr's claim when he secured hte patent from the government. Starr Is the witness who surrendered Sat urday after pursued into the mountains east of Eugene, Ore. In the course of his testimony he stated that he left Port land so quickly after giving the evidence at the previous trial partly because he wished to escape again testifying against his uncle. Dr. Gesner was recalled to deny Starr's testimony and Marlon Biggs verified testi mony previously given, after which Prose cutor Heney began his arguments for the government. Mr. Heney's argument was masterly and direct At times he grew caustic, espe cially when he alluded to Congressman Wil liamson as the arch conspirator, and ac cused htm of having planned the whole scheme. At the conclusion of the district at torney's speech, court was adjourned until tomorrow when the arguments for the de fense will be commenced. ORDER OF FORESTERS MEETS Suitable Tribute Will Be Given to Supreme Regent Who Has Filled Office for Twenty-Five Years. ATLANTIC CITY, N. J., July 31.-The Independent Order of Foresters' Interna tional congress opened its triennial con vention here today. Mayor Story wel comed the delegates. The meeting devoted its time to lengthy reports. There were 160 members who received the supreme court degree and were admitted as royal Foresters. Committees were appointed and a resolution was offered to give a suitable tribute to the supreme regent, who has filled the offlce twenty-five consecutive years. He Is a full-blood Mohawk Indian named Oronhyataka. The order. It Is an nounced, has surplus funds of over 19,000,000 and has paid out S9,0no,ooo In benefits of all kinds. The national fraternity congress has assets of $27,000,000. MORE TROUBLE FOR HOCH Cincinnati and St. Louis Authorities Making Inquiries Regarding the Alleged "Bluebeard." CHICAGO. July 31. With the possibility of Johann Hoch, reprieved wife murderer, securing a retrial and acquittal here on the charge of murdering Mrs. Marie Welcker-Hoch, the authorities of Cincin nati and St. Louis have been in communica tion with State's Attorney Healy relative to crimes of bigamy and murder that Hoch Is said to have committed In those cities. Even In event of the convicted man escap ing sentence already passed upon him It is said that enough prosecutions In Cook county and elsewhere confront him to con sume several years to come. FUNERAL OF BISHOP JOYCE Body of Methodist Prelate Laid to Rest Addresses by Bishops Berry, Merrill and Waldea. MINNEAPOLIS. July SI. The funeral of Bishop I. W. Joyce was held today, begin ning with private services at the family home at noon and continuing with a public service at p. m. at the Wesley church. Rev. Dr. Fayette L. Thompson directed the services. At the church addresses were made by Bishops Joseph F. Berry of Buf falo. N. Y.. Stephen M. Merrill of Chicago and John M. Walden of Cincinnati. Inter meat wu at Lakewood cemslsuu SANTA FE FILES ANSWER Railroad Makes Reply to Charge of Violat ing Federal Conn's Injunction. COAL COLORADO CSE CONE OVER Published Rnte Included Price of Fuel, hut This Was Xot Doe to Any Desire to Give Rebate. KAN8A8 CITY, M., July 31. The Smta Fe railroad's answer to the proceedings begun In the federal court here charging It With contempt of const In violating she court Injunction against giving rebates was flled today. The arguments In the case will probably not be heard until some time In the fall. The complaint against the Santa Fe was that It granted rebates to the Colorado Fuel and Iron company on coal shipments after having been enjoined from such practices along with half a dozen other roads. The institution of the suit Is the result of an investigation on the part of the Interstate Commerce commlsttlon. In its answer the Santa Fe admits that It at one time did give rebates, but that It has not offended In that respect since the injunction was issued. Its arrangement with the Colorado Fuel and Iron company, it says. was a perfectly legitimate one. The Santa Fe accuses a rival of the Colo rado Fuel and Iron company of being the Instigator of the suit against the road. The Santa Fe's answer says: Text of the Reply. Prior to the filing of the bill for an In junction in the above cause, competition be tween the different railroad companies for the transportation of grain and packing house products from the middle western states, nnd to secure such traffic, became so marked and manifest that this defendant was satisfied that the published tariff rates of other competing carriers were being secretly cut on such commodities, and In order to protect its own traffic and to se cure a fair share of such traffic' for itself as against Its competitors. It found that It was necessary, owing to the deception practiced by other carriers, to also secretly cut Its own published tariffs upon Its own line where it found the same necessary to secure or protect the traffic In the afore said commodities, and that when an Inves tigation was had by said Interstate Com merce commission, as referred to In said In formation, in regard to the secret cutting of rates upon grain and packing houses, Paul Morton, its second vice president, and then In charge of its traffic, freely laid be fore said commission the methods adopted to secure traffic In said commodities in com petition with the other carriers, in order that the unlawful methods Indulged In might be fully exposed and a stop put. If possible, to such practices. Agents Instrncted to Obey. The answer says that Immediately upon the Issuance of the restraining order the traffic managers of the various Santa Fe ln notified the traffic agents of the com- pany of the order and instructed them to comply with It. The Santa Fe's answer continues: The Colorado Fuel and Iron company trouble is a result of the desire of smelters and other induHtries along the line of the El Paso & Southwestern road to use the kind of coal mined by the Colorado com pany. The El Paso & Southwestern Is a connection of the Santa Fe. The Santa Fe has lines to the Colorado company's mines. There are coal mines nesrer to the smelters than the Colorado company's mines, but the smelters do not like to use thuir coal, because it Is not a good steam maker. . In order to secure thlB coal traffic the Santa Fe made an agreement with the El Paso A Southwestern to haul coal to connecting points with the latter road for which service the Santa Fe was to receive as Its proportion of the hauls $2.t0 a ton. The smelters and other Industries urreed to pay the Colorado company 31.15 a ton for this coal. Violation Dae to Mistake. When the restraining order was Issued .a tariff was published covering this agree ment. It Is alleged against the Santa Fe that it violated this published tariff and on this point the answer says: In preparing said Joint tariff said traffic manager inadvertently, but without any de sire to evade such order, included in said Joint rate prescribed in said tariff the price or cost of the coal carried, but this defend ant at all mines and at all times received upon the coal so carried under such Joint tariff only Its proportion or agreed division of the entire or through charge of carriage. The answer contends that the practice of collecting from the smelters the price of the coal and the freight charge was to facilitate business and not to afford a vehicle for rebates. The answer names the Caledonian Coal company, whose coal, the answer says, the smelters would not use, aa the Instigator of the Interstate commerce hearing that re sulted in the suit against the Santa Fe. RUSSIA WILL SHOW THE WAY Coant Tolstoi Says Present Movement Will Result In Abolishing Property In I.and. IiONDON, Aug. l.-A seven-column arti cle written by Tolstoi appears In the Times this morning, entitled "A Oreat Inequity." It deals with the land question and de clares that Russia is living through an Important time, that Is destined to have enormous results. The articles Is largely devoted to the theories of Henry George and declares that the land question hss now reached a state of ripeness such as fifty 'years ago was reached by the question of serfdom; that Henry George was right, and that the re moval of the sin of landed property la near, and that the George movement was Its last birth-throe. The movement for the liberation of man kind, says Count Tolstoi, Is to be effected by the Russian Slavonian people, who by their spiritual and economic character are predestined for this great universal task. In conclusion, while maintaining that Henry George proposed the only practic able peaceful solution of the problem, Tolstoi predicts that It will be solved by the Russian people, not by imitation of European and American prolelarlanlsm, but by abolishing landed property, thus show ing the other nations the way to a rational, free and happy life. WESTERN MATTERS AT CAPITAL Sloas City Man Gets la the Rerlai Service. Appointment tatlon (From a Staff Correspondent.) WASHINGTON. July 31. (Special Tele gram.) Newton Small of Sioux, City, la., was today appointed an engineer In the reclammatlon service and assigned to duty at Yuma, Arts. Quartls Mott has been sppolnted post master at Vlncennes, Lee county, la., vice R. W. Cruze, resigned. Rural routes ordered established October 2: Iowa Carson, Pottawattamie county, routes S and 4, population "45. houses 149; Spirit Lake, Dickinson county, route 4, pop ulation 510, houses 102. South Dakoia- Sls seton, Roberts county, routes 1 and J. pop ulatlon 1.170, houses 234; Wllmot. Roberts counU'. rout i. poaiijatlon &30 houses 106. - NEBRASKA WEATHER FORECAST Fair and Warmer Tuesday. Wednea. day Fair. Temperature at Omaha Yesterdsvi Hour. Pea-. . . . . UI . . Hl . . 1S . . 1-2 . . T3 . . TT Hour. 1 P. 2 P. .1 P. 4 p. n p. r. T p. H p. O p. Ilea. R a, m . B a. tn. 7 a. m . H a. m . A a. m , 10 a. m. 11 a . m . 13 m.. . . 2 M H2 f f.1 Ht St 7 Tt PACKING HOUSE BURNING Plant of .wlrt and Company at St. Joseph Catches Fire Poultry Department Destroyed. ST. JOSEPH, Mo , Aug. l.-Flre which started about 1 o'clock this morning In the beef brds of Pwlft and Company's plant of South St. Joseph has completely destroyed the poultry department, which Is said to be the largest In the world The beef beds are also entirely consumed The Are spread rapidly from the beef beds to the poultry department and a second alarm was Immediately turned In. Five hose companies were soon on the ground and made a hard fight to get the flames under control. At 1:40 the fire was still burning fiercely, but was said by the offlce of Swift and Company to be under control. At 1:55 the fire again got beyond control and was said to be spreading to the oil roqms. If the flames reach the oil rooms tfiere Is little chance of any of the build ings being saved. At 2:25 a. m. Swift and Company estimate the present loss at 1250,000. How the Are originated is as yet un known. DEVLIN'S CREDITORS CONFER "to Action Is Taken In Meeting; of Attorneys at Kansas City. KANSAS CITY. July 31.-A meeting of the creditors .of Charles J. Devlin, the former millionaire coal operator, was held here today. There was no action that the creditors could take except to hear a re port, in part, from the receivers and to discuss possible methods ot realizing rap Idly on the property. About the time the receivers were ap pointed a call for this meeting was Issued by some of the men who were anxious to save the property from being scattered. All three of the receivers were present at the meeting. The' three receivers have their ap pointments in such shape that the Kansas receivers are recognised In Illinois and .the Illinois receivers in Kansas, and, while ap pointed separately, they really form one board of receivers. Most of those attending the meeting are lawyers, attorneys for banks, trust companies,- brokers or others from whom Mr. Devlin borrowed money. George R. Peck, general counsel for the Chicago, Milwau kee 4 St. Paul, Is one of the lawyers inter ested In his own behalf. Mr. Peck was In terested In some of Mr, Devlin's enter prises. Judge Horine of Chicago, who presided at today's meeting, represented several Chicago interests, some of them large. JEROME MAKES A STATEMENT He Deslree Another Term as District Attorney, but Will Xot Be a Party Candidate. NEW YORK. July 31. District Attorney W. T. Jerome tonight Issued a formal state ment In which he declares that he Is a can didate for the offlce of district attorney, and that he does not desire to be a can didate for the offlce of mayor of New York. This declaration sets forth that if. "there are 2.000 electors In the county of New York who desire him to run again for the office of district attorney of that county, he will cause a petition to be filed, nominating him for election to that office." The district attorney defined In detail his observation of the nominating powers of political parties, and after discussing thm says: . "The result Is that one In public offlce usually has to choose between a termination of his public career or subserviency to such a man or group of men." He says that If people by their ballots express a wish for him to retire from public office there will be no choice but for him to return to the practice of the law. "But," he said, "I do not propose to re main in office by the grace of any man or group of men, such as I have Indicated, end I shall retire from office only in con sequence of the mandate of the people." FIVE ARE HURT IN A WRECK Second Section of Rock Island Trala Strikes Open Switch Near Jollet. JOLIET, 111., July SI. Five persons were Injured In an accident to a eastbound pas senger train on the Rock Island railroad today about a mile west of Jollet. It is though none of the injured will die. The train was a second section, due In Chicago st 7:25 a. in. The accident occurred at a switch whlrh had been opened for a work train at a gravel pit. The passenger train ran on the side track, striking the work train. A section of the Pullman sleeper was torn out. Physicians from Jollet were summoned and the Injured were brought to the city. The Injured: Mrs. M. Mursch, 13 Water street, Hyde Park, Mass., head hurt. Mrs. Thomas C. Smiley, Portland, Me., head and shoulder cut. Joseph Bernbe, Lake Mlgantle, Canada, back hurt. Mrs. , Iron, Wlnsor, Canada, shoulder hurt. John Smith, Jersey City, 1 dining ca waiter, leg broken. Movements of Orraa Vessels July 31. At New York Arrived: Astoria, from Astoria; Koenlgen I.nulse. from Nsples; Potsdam, from Rotterdam (Nantucket). At Dover Arrived: Kroonlaud. from New York. At Boulogne Sailed: Grsf Waldersee, for New York. At Glasgow Arrived: Numldlan. from New York; Mongolian, from Montreal. At Naples Hailed : l.igorlii, for New York. At I. tverpool Sailed: Silurian, for Phil adelphia. ' At Movllle Arrived : Furnessla. from New Yor- At Gibraltar Arrived: Koenig Albert, from New Y'ork. At Philadelphia Arrived; Westernland, tranx UvewouL FIGHTING THE FEVER Officials at New Orleans Report Progress In Effort to DriTe Out Hague. ONLY FIVE DEATHS REFORTED YESTERDAY All of the Victims Are from the Italian Quarter. TWO NEW CASES OUTSIDE CITY One of Them at Morgan, La., and One at Lnmberton, Kiss. QUARANTINE LINES DRAWN CLOSER Passengers Coming Throngh Jlew Orleans Will Sot Be Permitted to Stop In Alabama Clean ing I p Continues. NEW ORLEANS. July SI The official re port of the yellow fever situation shows: New cases up to e p. m 21 Cases to date S"4 Deaths to S p. m S Totnl deuths to date New foci Total Of the five deaths reported above three occurred In the Emergency hospital and all five bore Itrfllan names. Another new case was discovered outside of the rlty, being that of an Italian who left here a week ago, with several others, and took up his residence In Morgsn City. On their arrival there they were quaran tined and one of them was taken sick four days ago. Today Dr. Tarleton. president of St. Mnry's Parish Board of Health; Dr. Uoldlterg of the marine hospital service and two Morgan City physicians diagnosed the case as yellow fever, and It was so an nounced. Nothing has been heard from Dr. Brady .who has gone to Lake Providence, opposite Vlcksburg, to Investigate reports of two suspicious cases there. The Picayune's Lumberton, Miss., spe cial says: "Drs. Wasden and Donald de clared a case of yellow fever here yester day evening. The patient, who Is an Italian, is doing well and will soon be up. There are no other cases, not even a suspicious one. Fortunately the Infected house Is now practically Isolated and only Ave others were with the sick man or in any was ex posed, s Dr. Richardson of the marine hospital service, who Is In charge of fumigation. oiling and screening of houses In the orig inal focus of Infection and whose forces are also making outside Inspection, reports that up to date he has made 2,610 Inspec tions and found thlrty-nlno cases of fever, most of which were sent to the Emergency hospital In the screened ambulance. Alabama has taken a new tangent. The following dispatch shows" even more strin gent restrictions than ever before at tempted: Alabama health authorities decline to al low passengers coming from points beyond New Orleans that are not Infected, who will be trnnsferrod from train to train in New Orleans under marine hospital Inspection and protection, to get off at point of desti nation In Alabama. They are very rigid with their quarantine In this city (Birming ham). Situation t'nder Control. By the end of the present week the offi cials In charge of the yellow fever situation believe they will be able to speak with authority as to their ability to control and eradicate the disease In advance of the coming of the frost. Dally the system of inspection and report is becoming more perfect and by that time not only will It be possible to tell precisely the extent of the fever, but a period will have arrived when no more new cases traceable to the original Infection may be expected. There was no accurate census of the population of what Is known as the Italian district at the time of the fever outbreak and in spite of the most pains taking efforts It is still Impossible to locate all who escaped from that sone when the result of the autopslcal Investigation be came known. Ever since then Italians have been slipping out of the district after night fall, but the number of escapes Is becom ing fewer and with Increased vigilance In the coufse of the next day or two, the exodus will have been completely sup pressed. General communication with the district has stopped and only those expose them selves to Infection whose business requires their presence In the territory where the fever has raged most' of the time. Within the next week, therefore, It Is probable that the health authorities will he able to put their Aiders on every man who has left the danger zone, and If there Is then the same absence of spread from the outlying Infec, tlon as has been shown heretofore, the au thorities believe they will be able grad ually to destroy each focus. As a matter of fact the foci are not actually aa nu merous now as they are represented to be In the dally reports. In a number of In stances where the fever was reported to have appeared some time ago, the case has either been cured or died without further Infection of the house or vicinity. Three Deaths Daring Day Three deaths occurred in the emergency hospital today, the number of patients In which, has been largely Increased. All cases found with no relatives to care for them are promptly removed to the institution, where the most elaborate modern arrange ments have been made for their treatment. President Sourhon received advices to' day that the Wtlmot case at Morgan City had been pronounced yellow fever. Mor gan City Is eighty miles from New Orleans ; on the Southern Pacific railroad and the announcement of the rase there will doubt less be followed by the bottling up of the town. No other rase In Louisiana has been reported In the last two or three days. Will Lose Fruit Trade. It Is generally believed here that when the present sickness passes, New Orleans will not seek to regain the fruit trade Which has now been diverted to Mobile un less the fruit companies are willing to submit to regulations which will make Im possible the Introductiii of fever. It Is almost universally the opinion that Import ant as this trade has developed to be, It Is not sufficiently profitable for the city to run sgalnst the risk of a recurrence of the present experience, which, viewed from th most optimistic side, will ultimately cost many times the value of One season's fruit business. It Is also considered probable that public sentiment In Alabama and Miss issippi will require Mobile to take such pre cautions In the matter of detention that the fruit companies will eventually And themselves forced to submit to the same regulations In all the southern ports. That reasonableness In the country dis tricts with respect to quarantines Is not Increasing. Is evidenced today by a dispatch from I'ort Glbron, M!-.. on the Mississippi Vslley road, which announced that the town council there passed a resolution ex cluding all freight from New Orleans. ! Other towns have taken slmlllar action. Tbs Era club, composed of represent
