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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
DIRECTORS ACCUSED OF IRREGULARITIES
Charges Made that Tbey I
to Loot Treat
FUNDS ARE IMPROPEI
Complaint Demands that
Money to 805
e ton Refund
DEPOSITS MADE IN F ID BANKS
Charges that Annoil Report Arc
Falsified, Shawls that MoT on
Deposit Wii Loaned on
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.
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
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
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
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
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
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
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
AMERICANS VISIT VATICAN
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
He had therefore sent his blessing to all
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
JEWISH SOCIALISTS PROTEST
Delegates to Zionist Congress Issue
Circular to the Jewish
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
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
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
" 'I won't go," retorted Andrew.
" "If you don't know when you have a
'good servant, I know when I have a good
"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-
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.
"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
"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
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
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
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
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
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
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
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.
CSE CONE OVER
Published Rnte Included Price of
Fuel, hut This Was Xot Doe to
Any Desire to Give
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
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
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
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
It deals with the land question and de
clares that Russia is living through an
Important time, that Is destined to have
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
(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.
Temperature at Omaha Yesterdsvi
. . UI
. . Hl
. . 1S
. . 1-2
. . T3
. . TT
R a, m .
B a. tn.
7 a. m .
H a. m .
A a. m ,
10 a. m.
11 a . m .
13 m.. . .
PACKING HOUSE BURNING
Plant of .wlrt and Company at St.
Joseph Catches Fire Poultry
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
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
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
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
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
"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
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,
Mrs. , Iron, Wlnsor, Canada, shoulder
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
At Boulogne Sailed: Grsf Waldersee, for
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
At Movllle Arrived : Furnessla. from
At Gibraltar Arrived: Koenig Albert,
from New Y'ork.
At Philadelphia Arrived; Westernland,
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
TWO NEW CASES OUTSIDE CITY
One of Them at Morgan, La., and One at
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
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
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
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