TriE OMAITA DAILY- nEE: -TUESDAY. AFOFST 1, 1905.
Telephone 004.
Dnrtni July and
August we cloae
Saturday at
1 o'clock.
Tnesrtay morning we will pliice on special snl all of our beautiful fancy
ruffllnjrs used so nint h for neck ruches and summer collars. We have tlipm In
white and black, worth up to $1 n a rd Tuesday's clearing sale price, Attf yard.
(n Handkerchiefs.
Thre aperM 1n run In for Tuesday' veiling: '
, Tro for women and one for men. '
Women's nil pure linen hnndkvrchlefs, rlnh mnnufneture, hemstitched; also
hiu neat corded horder. i!."c valuus, Tuesday, IRc each or 3 for fOc.
Women's uiilanndered. nil pure linen lmndkerchlefs, hemstitched, hand em
broidered corner, lSc value, Tuesday, ISc each or 3 for Zic.
Men's all pnro linen plain hemstitched handkerchiefs, extra large size
you need them these hot days special value at i!5c each.
STORE OPEN UNTIL 0 I. M. every evening ejeept Saturday, when we
rlose at 1 o'clock (during July and August.)
Y. 11 C A. Building, Corner Sixteenth and DougLu StrU
tiva 'women, held a meeting today and
tendered the services of Its members to
the health boards, eKy authorities, and
rnptalns of various ward organizations.
Though ' generally people are willing to
submit to tha regulations of the health
authorities, there are some who refuaa
to believe In thq mosquito tbeory and who
oppose the oiling of cisterns and the clean
ing of their premises. The Era club mem
bers have volunteered to proselyte among
this class of the community.
The mosquito ordinance will be passed at
the meeting of. tho council tomorrow.. It
will require landlords to screen cisterns.
Fine or Imprisonment is the penalty for
'failure to obey , the ordinance.. Very few
houses In the city are without cisterns
and 40,000 or 5O.000 of them will bave to be
screened. The city Is nov spending some
tlt.000,000 on a water and sewerage system,
which when eomnloted. will require the
abandonment of all cisterns. It will, how
ever, be two or three yars before this sys
tem Is finished'. : '
Distress In New Orleans.
Much distress Is appearing among the
Italians, growing out of the fruit business
from Louisiana on account of quarantines,
and reller work la one of the tasks to which
the Italian societies and cltlsens' com
mltteees will now have to address them
selves. While the six-day detention
order of the Board of Health laata it Is
expected all the lines - operating fruit
steamers Into New Orleans will divert their
ships to Mobile, and "this will have the
effect of throwing 2,000 laborers, mUny of
them Italians, out of employment.' The
average Italian house has . half a dozen
children, and sometimes the children num
ber a dozen and, with that many to feod,
the head of the family can not long remain
in Idleness without having to appeal to
public charity. Under the circumstances
these. Italians not In the fever district are
asking that they be given employment by
fhe health authorities In the sanitary and
other work how going on, in order that
they may not became publlo charges.
A meeting of representative Italians has
been held and permanent organization
formed. A campaign of relief and of edu
cation Into the hygienic requirements of
the situation has been decided on, It was
also resolved to follow the advice tele
graphed by . Ambassador layor . des
Planches and to address- alV, Italians in the
city verbally and by circular, asking them
to pay ready 'obedience to 'the regulations
Imposed by the health authorities.
Italians Raising Fnude.
Several thousand dollars has been raised
for relief and other, work. - All the societies
having decided, to abandon the banquets
, and other entertainments tbey had planned'
and apply the funds set .aside for these
purposes In helping their countrymen In the
present emergency..
. The health authorities are very much
encouraged by the excellent work that Is
being done at the emergency hospital, and
t.hey believe that when the results of treat
ment given there becomes known that
families will ' readily consent to having
their patients sent there;
, T. V. Randazso, one of tho convalescents
' from an attack of yellow fever, has re
lated his experience In a. public card for the
benefit of his countrymen. lie says when
he discovered bs was suffering from the
disease he- followed 1 be doctor's advlo and
wnt Immediately to the hospital. In a few
days he was discharged as practically well,
littlt a dozen others have already beon dis
charged fion the hospital and sent to the
departments and yards of the charity hos
pital to spend a few days in recuperation,
tit Is generally agreed among scientists
familiar with yellow fever that on the
character of treatment depends largely the
death rate, and with the treatment pro
vided in the hospital It is thought there
can be a great reduction made in the death
rate among the Italians.
Coantrr Stilt Afraid.
While the feeling here Is constantly
growing more hopeful there Isapparently
no abatement of the 'excitement and
panicky feeling In the country districts of
Louisiana and Mississippi. Local business
houses are beginning to feel the effects of
the scare. They are receiving letters from
the traveling men telling of the cancella
tion of orders In Mississippi r.nd elsewhere
because tho reluctance of the country
people V patronise stores which receive
goods from Infected districts. In this con
( ALTERATION
SALE
fiirls shoe stock. To recompense,
carpenters will be prices never
goods we carry.
100 BOYS' SUITS
'in stylish, handsome wool
ens, worth up to
f 5.00, ut
2.45
200 BOYS' WASH SUITS
t
.Jo Russian and sailor
,' stylea, worth up to
1.00
- $2.00, on aula at
HATS AliD CAPS
On big tablo Straw, and ft
Cloth llata and Caps MO
yaluoa up to Ce, at ww
; BENSON GrTHORNES
Hee, July 81, 10o5.
Special Sale
of Fancy
R.iffliigs.
nection there Is some criticism of Governor
Vardaman because of a telegram sent by
him in wltlch he commended the prudence
of Mississippi merchants in refusing to
take freight from this city. To meet these
conditions business houses are sending oVit
thousands of pamphlets giving the results
of the sclentiflo experiments in Cuba
and In Vera Crus and expressions by
mercantile men of their firm faith
In the theory that alone by the stegymta
Is yellow fever transmitted. Also steps
have been taken to disinfect all freight
cars destined for points where the fever
theory Is not accepted. Quarantines every
were are being drawn tighter. Gasoline Is
apparently barred from Vlcksburg. Num
bers of the towns In Louisiana and Missis
sippi are cutting themselves off from tho
world. The shotgun quarantines are ex
tending. Guards and inspectors are mul
tiplying and making travel Increasingly
dlfliuult.
V onld Have Trains nan Fast.
MOBILK. Ala., July 31. Th city of Lau
rel, Miss., has notified the officials of the
Mobile, Jackson A Kansas City railroad
that It must send Its train through that
place at the rate of thirty miles an hour
owing to the fear of yellow fever con
tagion. Hattiesburg, Miss., has sent word' that
no tickets must bo sold to Hattiesburg
from any point.
At Havana Detention Station.
HAVANA, July 31. Seventy-eight arrivals
from Mexican and southern states ports
again increased the number of passengers
detained at tho Trlscornla station and the
authorities are considering the advisability
Of taking some of them to the Marlel sta
tion, where there is abundant room.
Of nineteen passengers on the Excelsior
from New Orleans, fourteen were sent to
the Trlscronla station, as were all of the
twenty-eight passengers of the Martinique,
from Miami, Fla.
The Yucatan, bound from Vera Crus to
New York, brought one feverish passenger
who was isolated and taken to the Las
Animas fever hospital, rfr. Guleterras, the
Cuban government fever expert, who Is In
vestigating conditions at southern states
ports, has cabled from Tampa, Fla., that a
patient was exposed In publlo during the
dangerous period, and he therefore advised
that there be 'no .relaxation of the quaran
tine for the present.
Fever Symptoms Appear, -
NEW YORK, July Sl.-Bymptoms of
fever, the nature of which has not yet been
determined were discovered today on the
steamer Proteus, direct from New Orleans.
At the end of the time limit of Ave days,
which yellow fever cases developed' and
caused five children to be transferred to
Hoffman's island for - inspection for the
cause of fever which had Just appeared
Three adults accompanied them to the de
tention hospital The Proteus -then pro
ceeded to Its dock with.. the remaining
passengers and the crew. Great care
was exercised -when the steamer sailed
from New Orelans. Four cabin passengers
were rejected because they came from Hal
ian quarters of the city, and no steerage
passengers were allowed on the ship. The
crew did not go ashore at all in New
Orleans. .
Arkansas Fatabllshra ' Quarantine.
LITTLf: HOCK. Ark.. July tl.-At a meet
ing ef the Arkansas 8tate Board of Health
here today " a quarantine of all districts
where yellow fever prevails was declared.
The Board of Health has upon several oc
casions asked the state legislature for an
appropriation to be used in such emer
gencies as has now arisen, but their request
has always been denied. Having no funds
with which to enforce the quarantine the
State Board of Health has asked Governor
Davis to assign as many members of the
Arkansas State National Guards as he sees
fit to act as guards in making the quaran
tine effective. Governor Davis has as yet
taken no action in the matter.
The annual meeting of the Mississippi
Valley Log Rolling Association of the
Woodmen of 'the World, which was to have
been held here August IS and 14, has been
called off. Delegates were expected from
several states and at the suggestion of the
Little Rock Board of Health the meeting
was abandoned.
New Nebraska Midshipman.
ANNAPOLIS. Md.. July Sl.-Charlea 8.
Yost of Nebraska was admitted today as
midshipman to the naval academy.
Commencing Tuesday
morning and continuing
all week, to make
room for boys' and
you for annoyance caused by the
before quoted on the quality of
GIRLS SKIRTS
White aud Colored
.Skirts to 12
years two dollar
values
Suspender
...95c
CHILDREN'S COATS
liable' Long tr Short
foats, In white lied-
fiiwfl in aula
1.95
a ' a vu dm ii'.aiteeaees ,
Wash and - Woolen Jackets
Coats for children up to ' t
eta and
1.95
years on aaj
2.115 aud c,
BABY SHIRTS
A I'U lot of fine Cash,--mere
Shirts for babies,
worth !iOe, cu sale at . . .
25c
J I
if
ROSEN CALLS ON PRESIDENT
Banian Ambassador Calls to Arrange for
tbs Reception of H. Witte.
WILL MAKE HIS FORMAL CALL FRIDAY
Japan and Enalnnd flnsy XeaTOtlatlnar
a Sew Treaty of Alliance, Which
Is Now Almost Completed.
OYSTER BAY, N. Y.. July Sl.-Bsron
Rosen, who recently succfeded Count Cas
sinl as the Russian ambassador to the
t'nlted States and who is associated With
M. Wltte, chairman of the committee of
ministers, as one of the envoys to the
Washington peace conference, was a guest
today of the president and Mrs. Roose
velt at, luncheon. He remained at Saga
more Hill for several nours, dui aunng
only a part of that time was he in confer
ence with the president. The ambassador's
visit to the president wa for the purpose
of mAklng arrangements to present in
formally his conferee on the peace confer
ence, M. Wltte, who is expectea to arrive
in this country from Europe tomorrow
evening or Wednesday. The desire of Baron
Kosen is to present M. Witte to President
Roosevelt precisely as Baron Komura was
presented last week by Minister Takahlra,
In advance of the format reception, which
the nresldent will tender the peace envoys
at their suites on board the cruiser May
flower next Saturday.
Baron Rosen arrived In Oyster Bay at
12:20 this afternoon by train from New
York. Secretary Wilson of the Department
of Agriculture arrived on the same train.
It was arranged by the president and
Baron Rosen that M. Wltte should pay his
Informal call next Friday. He will be ac
companied to Oyster Bay by Ambassador
Rosen. They will be the guests at luncheon
of the president and Mrs.. Roosevelt and
will have opportunity during the afternoon
to discuss the pending peace negotiations.
Baron Rosen returned to New York on
the same train, leaving Oyster Bay at 4:20
p. m. He declined to discuss his interview
with the president.
rians for American Treaty.
ST. PETERSBURG, July 31.-:30 p. m.
Negotiations for the settlement of Russo
AmiHcan tariff difficulties are advancing
steadily. Russia is willing to withdraw
the retaliatory duties imposed on American
machinery etc., which weigh hard on Rus
sian industry and agriculture, and on these
seeks acknowledgement of the exceptional
nature of the retaliatory duties imposed by
it on sugar, American exports of which
are not apt to become an Important com
mercial factor. Certificates of origin nec
essarily exacted on machinery Imported
from other countries is also a burdensome
formality, and M. Wltte, who was minister
of finance when the duties were Imposed and
who was consulted before leaving for the
United States agreed as to the advisability
of settling the dispute. The ministry of
finance hopes to be able to arrani a read
justment and to interchange nc. s of the
matter without having recourse to a com
mission and the wish Is frankly expressed
thst at settlement might be arrived at in
time to be announced during the peace ne
gotiations. The principal prospect of de
lay lies In the desire to subfnlt the revision
to M. Wltte for his formal approval as a
matter of courtesy, showing how strong
his political star is In the ascendant in
Russia today.
Japanese Read Wltte Interview.
NEW YORK. July 31. The reported inter
view with Mr., Wltte, the Russian peace
plenipotentiary, on board the Kaiser Wll-
helm der Ck-osse, published nere loaay,
was read at the headquarters of the Japa
nese peace committee, but no comment or
statement was made. Minister Sato of the
commission, who has met all inquiries for
statements during the visit of the commis
sion, said that he thought ,M. Wltte was
vested with power equal to that of Baron
Komura in the matter of negotiating a
peace treaty.
New Anglo-Japanese Treaty.
LONDON, July 31. Considerable progress
is making with the new Anglo-Japanese
treaty of alliance. Some details have not
been fully settled, but It can definitely be
stated that the terms will be decidedly
more comprehensive than those governing
the present alliance. The Associated Press
learns that the British government's pre
sumption Is that Its advice will be asked
by the Japanese In the course of the peace
negotiations and that It will then gladly
offer what counsel may seem to it best
calculated to assure a permanent peace.
SPENS WILL COME TO OMAHA
New Assistant General Freight Aaent
for Barllnaton Is Named at
Chicago.
CHICAGO, July 31. Conrad E. Bpens, as
sistant general freight agent of the Bur
lington railroad In Chicago, has been ap
pointed freight agent of the "Q" lines west
of the Missouri river. He will take charge
at once and expects to make Omaha his
headquarters. Mr. Bpens Is probably the
youngest general freight agent on any big
railroad system In this country, Jelng not
quite 90 years old.
The rise of Mr, Bpens has been remarka
ble. Starting his railroad career eleven
years ago as a stenographer to E. R. Puf
fer, assistant general freight agent, he soon
became chief clerk in that office. He was
then promoted to be secretary to Thomas
Miller, freight traffic manager. His next
promotion was to be assistant to the freight
traffic manager, and when Crosby went to
Chicago he was .again promoted to be as
sistant general freight agent of the entire
Burlington system.
A prominent Burlington official said of
Mr, Spens: "His climb up the ladder has
been phenomenal, but he Is a bright, hard
working man and Is entitled to any honors
that may be thrust upon him. In addition
to that he la handsome and young, and un
married.
BENNINGTON INQUIRY BEGINS
Board Ordered t Investigate Eiplo
sloa on Oaaboat Holds Its
first Session.'
BAN DIEOO. Cl.. July Sl.-The board of
Inquiry appointed by Admiral Goodrich to
hear evidence pertaining to the disastrous
boiler explosion on the gunboat Bennington
In Ban Diego harbor on July 21 convened
on board the flagship Chicago at noon to
day.. It is understood that the sessions
will be secret. The board onalats of Com.
modoe Holland N. Stevenain, retired, pre
siding officer; Captain E. K. Moore of the
Chicago and Captain Thomas S. Phelps.
Lieutenant R. C. Moody of tha Chicago Is
Judge advocate, whose duty It is to see that
tha facts are presented to tha court It
Is probable that tha work of the board of
Inquiry will require several days, possibly
a week.
Kansas Ma man Dies en Isthanns.
WASHINGTON, July Sl.-The Panama
Cajial commission today received a cable
grain from Qovernor Magoon reporting the
death from yellow fever of Btelle Cortel
you, a typewriter from Muscotah, Kan.,
who was employed In the auditing office
at Panama. Thar were -no additional
cases. V. . C. Lively, an American noueiu
ploya at Panama, bag recovared.
JAPANESE AT NEW YORK
Three Kami Officers Earests to
Rarer Are Entertained by
ftlppon Ciab.
NEW TORK. July St. Commander Kaml
mura, Commsnder Sato and Commander
Oguro, of the Japanese navy, who are In
the city on their way abroad to take charge
ef a vessel building for the Japanese navy,
were entertained tonight at the Nippon
club. Mr. T'rhlda, consul general of Japan
In New York, and Commander Takeshlta,
naval attache at Washington, were among
the other guests. Commander ' Kamlmura
related some or his experience In the naval
battle with Admiral Rojestvensky. Kaml
mura commanded the Toklwa.
"I would hav you know that nothing
could exceed the calm valor of the sailors,"
he said. "To you Who live In foreign lands
I would say: Go about your business confi
dent of the prowess of your soldiers and
sailors. Be not anxious for them. They are
doing their best and sure of victory. Learn
American ways and study to make Japan a
great commercial nation, and all will be
well. Our children will find their path all
the easier If you do your duty In one sphere,
we do ours in another. Imbued with love for
a common country."
Commander Kamlmura also touched upon
his own personal experience In being sent
with his small vessel to accept the surren
der of four large Russian battleships that
had struck their flags.
IDENTITY OF THIEF DISCOVERED
Man Killed by Officer la Indian Terri
tory Is J.L Broom, of Whit
lonnty, Arkansas.
OKLAHOMA CITY. Okl., July 31. After
Investigation it is foind that the name of
the man who, with ,hls wife, was killed by
officers on Deep Fork river, near Eufaula,
. T was J, L. Broom, Instead of J. H.
Coleman. A deed to 600 acres of land In
White county, Arkansas, was found In the
dead man's pocket. Other papers found In
dicated that he was a former convict, but
the place of his Incarceration Is not given.
Broom's wife began firing when the officer
appeared. In order to protect her husband,
who had their 4-months-old baby In his
arms. A bullet, however, killed him while
he still held the Infant. Broom and his wife
were buried today at Eufaula.
RETIRE OLIVE DRAB UNIFORM
Enlisted Men Are .Mistaken for Of
ficers and Trouble Follows
In California.
BENICIA, Cal., July .SI. An order has
Just been received at the Benicla barracks
announcing that all olive drab uniforms
now in the possession of the enlisted men
must be confiscated at once. In the whole
United States army there are, it Is said,
but 900 of these olive drab uniforms anions
the men, and of this number about seventy
are In the Bernicla barracks.
The reason for this wholesale confiscation
Is that the enlisted men when dressed In
these uniforms can hardly be distinguished
from the officers and on several occasions
mistakes have been made through their use.
DEPEW ATTENDS A MEETING
New York Senator Takes Part In the
J Equitable 'Life Directors'
Meeting.
NEW YORK, 'July SI. United States
Senator ChaujjcoyM. Depefe attended to
day's meeting of the executive committee
of the Equitable Life assurance society.
The committee wJrtr m session almost an
hour. - ' J'.-I '
At its conclusion Senator Depew skid that
he had not resigned as a director and had
no Intention of doing so. Chairman Morton
stated that nothing had occurred at the
meeting to change Senator Depew'g rela
tions with the society.
HYMENEAL.
Deeker-Lorlnsr.
Ellis H. Decker and Miss Mamie Lorlng,
daughter of Frank Lorlng of Kansas City,
were married Sunday afternoon by Rev.
Charles W. Bavldge at his residence on
Maple street.
Gorky's Rlrsl in Russia.
The most striking literary expression- of
the prevalent feeling In Russia toward the
present war has been Leonid Andreyev's
work entitled "The Red Laughter." This
powerful presentation It Is rather a tract
than a story of the horrors of war has
spread throughout Europe tha fame of a
man who Is already known In his own
country as a genius acarcely Inferior to
Chekhov and Gorky. Andreyev Is a typical
product or the unsettled social conditions
of the esar's country. Born In 1871 In Oryol.
no studied law at jtho universities of St.
Petersburg and Moscow, and was gradu
ated In lf7. Three years before his gradu
ation he attempted suicide. During his
student days his efforts at story writing
were unsuccessful, and his literary career
did not begin Until 18t, after he had made
a failure as a lawyer. His first story ap
peared in Novlkov's Courier. When his first
volume of short . stories . was published
Countess Tolstoy attacked the author in
a letter to the Novoe Vremya. She cau
tioned the reading public against Andre
yev's works, denouncing them as "poison
ous and dangerous to society." Her words
attracted Immediate attention to the book,
and edition after edition was exhausted
with unprecedented rapidity. Since that
time Andreyev has written a number of
stories which, by tha boldness and novelty
of tha themes, and their artistic treatment,
have placed him In the front rank of Rus
sian short story writers? In popularity be
Is Gorky's only rival In Russia.
Cholera tn Mssrsi.
MADRAS. British India, July n. A seri
ous epldemia of cholera prevails among the
refugees from the famine-stricken districts,
who have been crowding Into the city for
weeks past. Numbers of victims have been
found dead or dying on' the streets. The
death rate Is M.T per thousand.
i i 1
Throe Women Killed by Train.
EREEPORT, 111.. July Sl.-A Chicago,
Milwaukee & St. Paul freight train, north
bound, tonight struck a buggy west of
Ereeport, killing three woman. Mrs. Wil
liam J. iAlbelle was thrown Into a creek
and killed. Her daughter, Grace Lalbelle,
landed on the pilot of the locomotive and
died in a hospital at Ereeport without re
gaining eonsooiusness. Miss Qladv Brine
was hurled sum distance and killed.
Correct Voting- Districts.
It was decided by the general council
committee yftstsrdsy afternoon to have
the city engineer correct the inequalities
In the recent reshaping of voting district
lines. He will try to do this today and
have an amendment before the council t.
night. Democratic and other politicians
will bo given a chance today to explain
what they wmt.
New Jnrfae for Farrls.
JEFFERSON CITY, Mo.. July Jl.-Affi-davlts
signed by John Faust, a barlier, and
Frank Eveler, a bartrpiier, declaring their
belief that Senator Frank H. Farrls could
not obtain a fair and Impartial trial on the
charge of bribery before Judge J. H. Martin
in the circuit court reunited today In Judge
Samuel Davis of Marshall being called In
to try the case.
Loss Irons toaneetlent Flood.
BRIDGEPORT. Conn.. July 11. -Estimates
today of the property loss du to the flood
caused by the bursting of the reservoir
dams after Saturday s heavy rain Indicate
that the total will approach ItaO.OuO. City
property alone auffertd probably to 14 -ten
l of fluUjOua.
CROSSFIRE BY ATTORNEYS
Fuiilltdo of Hot Words Kept Up Between
( sinell and Cain era.
TALKFEST STILL ON BLFORE SEARS
W. M. oilier Araoes Legal Side of
Case and Holds City Officials
Acted Entirely Within
Their Rights.
When Judge Bears adjourned court at (
o'clock Monday, Attorney Connell for the
city officials, was holding the floor with an
argument against the contentions of plain
tiff. During his address he was interrupted
at . everal points by Attorneys Burbank
and Cathers. At one point Mr. Connell
had alluded In caustic terms to a certain
class of leformers "who seem to be always
kicking on their own town and never ac
complishing anything for the general good
of their home city." Mr. Cathers shot In
some sort of an objection to being put in
a particular category.
"Well, you are a link In the same
sausage," replied Connell, and I am speak
ing of the sausage in Us entirety."
At another point Mr. Connell alluded to
the address of Cathers In this case as a
repetition of a political speech he had
made In the Eighth ward.
"I never made a speech In the Eighth
ward In my life," spoke up the plaintiff.
"But I propose to make one in this ward
when you get through that you may not !
like to hear. You're abuse Is unwar
ranted." "Abuse!" exclaimed Connell. "Why, I
haven't abused you at all. I haven't
thought of abusing you, hut if you keep
egging this thing on I may be tempted to
say something to hurt your feelings."
Where Thlngrs net Good.
And the attorneys smiled across -the table
at each other most courteously. There
were several slmlllar tilts during the ad
dresses of Messrs. Glller and Connell, but
the spice did not really get Into the case
until Connell poured out some very earn
est comments on the peculiar features of
this suit.
Mr. Cathers took up most of the morn
ing citing authorities In line with those
offered by his colleague, Mr. Burbank.
He diverged long enijugh to make soma
strong talk about the political conditions
existing In Omahi., as he sees them. They
were painted In dark colors, with a few
tears of lamentation for trimmings.
Attorney W. M. Glller presented a strong
array of cltat'ons and decisions In arguing
the law of the case for the defendants. He
said there is plenty of Nebraska law to sus
tain their action without going outside. Mr.
Glller said:
"When parties have a complete and avail
able remedy at law they cannot come Into
an equity court and ask for relief. When
they have rested on their rights and allowed
them to lapse they may not ask a court oi
equity to step in and save them. These
people sacrificed their right of appeal; they
alldwod the twenty dnys in which thoy
mlsht have appealed to pass. There is an
other principle of law that is absolutely
conclusive In this case and that is that
quasi-Judicial officials will not be puntshed
for mistakes of Judgment In administering
their offices, unless it can be shown thst
their acts are tainted with malice or cor
ruption." v
Along this line he qtioted numerous aiP
thorltles and decisions, and ' some were
those quoted by Mr. Burbank. which took
on a. different aspect when read coherently.
His Distinguished Coadjutor.
In opening Mr. Connell critically reviewed
tho complaint in all Its counts and then al
luding to the festimorfy of plaintiff, said he
thought (lie court erred In not allowing
him to nail Mr. Cathers down to facts, to
the giving of names and dates and In
stances, when he was telling of grafters
and grafting In Omaha.
"Like his distinguished coadjutor, Elmer
E. Thomas," said the attorney, "he was all
wind and buncombe and could not give a
single instance of what he prated about so
glibly."
Mr. Connell characterised the suit as an
attack on the rights of hard working men
to get pay for their labor on some techni
cality. He said he was surprised at so good
a Sunday school man as Mr. Cathers un
dertaking to qusrrel" with the Biblical
maxim that the laborer is worthy of his
hire. Going over the answer to the petition
he said every allegation contained In It had
been proven to the full by the testimony.
The work had 'been performed, the council
and the mayor had concurrently allowed
the claims and the men had been paid.
"This Is even a stronger case for the de
fendants," said he, "than If It was a case
wherein a laborer was suing to recover his
wages."
The attorney then reviewed the hiring of
the men, the action of the council and the
mayor and other executive officers and on
the premise thus established he asserted
the Cathers suit should not have any stand
ing In a court constituted to do equity. To
support this view he 'read decisions of the
Nebraska supreme court and kept up a
runnipg fire of incisive comment During a
lull for the exchange of compliments with
the plaintiff the latter said:
"Go ahead, Mr. Connell. The Bee will
print in stud-horse type what you aay about
me, but It will not print my Bide of the ar
gument so large."
Everybody in court had to laugh out loud.
Mr. Cathers had got the papers mixed, and
he had to smile himself when it struck him
a little later on.
BOARD OF CROP STATISTICS
(Cnntmned from First Page.)
tlon to create a board with Assistant Secre
tary Hays at its head, which shall handle
all crop statistics. I appointed a board a
little while ago, the members of which
handle the statistics Individually and turn
in their results to me or Mr. Hays. The
present board is a sort of a makeshift af
fair. It was the best we could organise
in a hurry from people from the depart
ment. It Is my Intention to organlxe a
board of four men, two of whom will be
from the south. The other two will be
from other parts of the country. They
will be the best men we can find In' the
country, men of character, standing and
education. They will be sclentiflo experts
in whom the country will have absolute
confidence. All reports wilt be sent to ma
from the field and I will place1 them at
the proper tlma In the hands of these
scientists. Each will make up his estimate
It. Lyon's
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R l PAS. to ay
and tha four estimates will be reviewed
either by me or by Assistant Secretary
Hayes. The members of the board will be
regular employee of the department ami
they will spend some of their time In
traveling In search of any Information that
may bear upon their work. Through the
work of this board I think we shall have
perfectly rellnble estimates made of all
crop conditions. This plan will be better
than that providing for only one man at
the head of the bureau of crop statistics.
That one man might leave the department,
he might get sick or he might prove to be
a rascal. This Idea eliminates any of these
possibilities. Then, too, It will Insure per
fect security and confidence."
Secretary Wilson left at 4:tt p. m. for
Washington. He will go west in a few
days, probably, but the date for his trip
has cot been fixed.
SUIT FOR SURPLUS
(Continued from First Page.)
which declares such salaries to have been
largely In excess of the value of the ser
vices of the persons named and titut the
payment of such salaries resulted In sub
stantial loss to the society.. It Is also
charged that In addition to the salaries re
ferred to, the Individual defendants, as
officers, members of committees, trustees
or agents, "permitted the defendant society
to pay to many of tke above named ogtcers
and directors and to others large and un
warranted sums as expenses Incurred by
such persons In the service of the society
and said sums were paid without sufficient J
voucners, witnout proper proor or tneir
amounts and without It being properly
shown that the said defendant society in
any way was benefitted by such expendi
tures or was legally or properly chargeable
therewith."
The complaint also charges:
Thnt the defendants wrongfully caused
the defendant society and a number of
other societies and corporations, in which
the defendunt society was largely a stock
holder, In which said Individuals defendants
were also directors and stockholders, to pay
large sums of money to themselves, or to
some of their number, and to other persons
under guise of salaries and fees for attend
ing to their duties as officers and directors
and members of committees of defendunt
society, and of several other societies and
corporations.
Especial mention Is made of the receipt
by Mr. Hyde of salaries aggregating r7,000
annually from the Equitable, Mercantile
and Commercial Trust 'companies. In all
of which the Equitable Life Is largely In
terested. Allegation Is also made of the payment of
Illegal and expensive pensions to various
persons and of the payment of "excessive,
Improper and unwarranted sums to various
attorneys and counsellors at law, the ag
gregate amount of which far exceed and
was entirely disproportionate to the ser
vices rendered."
Loan to Depew Company.
Of the loan to the Depew Improvement
company the complaint charges;
That the defendants improperly, lm
provldently and wustefully procured, and
permitted the defendant society to loan the
sum of W.0UO to the Depew Improvement
company, a corporation doing business in
the state of New York, in which company
tho defendant, Chauncey M. Depew, and
Others of individual defendants were stock
holders, which loan ot JZiO.oiiO was mado
upon grossly Inadequate security, and
which property securing said loan was ap
praised in 19ul by the Insurance department
of the state of New York at the sum of
SlnO.000.
That said Depew Improvement company
subsequently became insolvent, and the
property which secured said loan was bid
in at foreclosure sale for about -0.ois,
thereby resulting in a great waste and loss
of the property of the defendant society.
That the referee's deed for said property
r,,., mrnrHpH hv said defendant
society until about July 12, 19tj6, and that In
the meantime no troceedlngs were taken
to collect the Judgment for the deficiency
thereon, a'nd the same has ever since re
mained due and unpaid. . ' -
That said Deoew and others of the In
dividual defendants agreed with the de
fendant society that they would save said
defendant society harmless from loss by
reason of said loan If said society would
refrain from recording said deed and from
enforcing said deficiency Judgment. That
said society did so refrain, but said de
fendants have neglected and refused to pay
the amount of said losses said society had
so Buffered.
Favors to Directors' Banks.
It Is further charged that "the defendants
wastefully, Improperly and improvldently
permitted the defendant society for, a num
ber of years past to keep during almost the
whole of each year excessive, unnecessary
and unwarranted sums of money on deposit
with the National Bank of Commerce of
New York, the Mercantile Trust company
of New York, the Equitable Trust company
of New York, Commercial Trust company
of Philadelphia and at least nineteen other
banks and trust companies, in some or all
of which the Individual defendants, or set
of them, were stockholders, directors or
officers, which Sums were so deposited at
inadequate rates ot Interest, lnBtead of in
vesting them in proper and more remunera
tive forms of investment, and permitted
said defendant society regularly for a num
ber of years past to conceal this fact and
mislead and deceive the policyholders of
the society In respect thereto by annually,
on December 27 to , loaning approximately
10,000,0(10 on collateral security, which said
leans have been regularly, called In again on
January S to 6 following and the funds re
deposited in the depositories from which
they had been temporarily withdrawn for
this purpose."
Snrplns for Policyholders.
After reciting that the society has at the
end of each year caused a balance to be
struck purporting to show the net surplus
earned during the preceding year, the com
plaint declares that the defendants have
failed to divide among the policyholders an
equitable share of the net surplus at the ex
piration of each five-year period, as pro
vided by the society's charter. The com
plaint continues:
Plaintiff further alleges that the rules and
regulations adopted and heretofore acted
upon by the defendant society and Its offi
cers, with the approval and consent of the
e.-clcty's directors, for the ascertainment of
the Equitable share of the surplus due to
each policyholder, were and are Incorrect,
Illegal and Improper, and that of the sur
plus now held or purporting to be held by
the defendunt society, as shown by Its
statements, a sum approximating tl0.00n.ono
Is held by the society in violation of law
and the express terms of the charter.
That the present policyholders of the de
fendant society are entitled to the whole of
the present net surplus of the society, after
deducting a sufficient amount to cover all
outstanding risks and other obligations, in
accordance with the charter, and are en
titled to have an equitable sliaj-e of said net
in plus credited to, or ald to, or applied
for the benefit of each policyholder, in ac
cordance with the charter and with law.
FOOD FOR CANAL LABORERS
Government Will Establish Bnpply
stations Along Ills; Ditch Panama
Merchants Protest.
PANAMA, July II. Governor Morgan has
Informed the government of Panama that
the Canal commission has decided to estab
lish commissariat stations for the supply
of food, etc., for canal laborers along the
sone, excluding Panama and Colon. I'ntll
now tha United States has refrained from
doing so on account of protests of Colon
and Panama merchants, who claimed that
their sales would bo decreased considerably
by the establishment of stations, but re
ports to Governor Magoon state that la
borers cannot buy what they need in many
Instances, and for this reason are refusing
to work. Refrigerators will be installed
and the railroad and steamers will Import
food from the United States.
Panama has not yet made answer to the
notification, but undoubtedly will not be
pleased with tha measure, which must re
duce Import duties, tha principal Income of
tha republle.
FLEDGELINGS IN THE CAGE
Young Yen Accused of Attempted Black
mail Held and Girla Beleaied.
PREY OF QUARTETTE FAILS Tt APPEAR
Prisoners Protest Innocence, ht
One's 'Wife Discloses Plot to)
Kalse Money by the
Dlnekmnil Itonte.
The headliner In police court Monday
morning was the cases of Mr. and Mrs.
Fred Summers and Mr. and trs. Harry
Jennings, the quartet arresteJ Saturday
evening In a rooming house at Elghteentti
and lHdg streets. The young couples
were charged with being suspected per
sons, the more specific complaint against
them, particularly the men, being black
mail. It Is alleged Mrs. Ines Summers, a pre
possessing girl of IX winters and a bride of
a week, met a local attorney on the street
Saturday evening, took him to her room
and then, per previous arrangement, Mr.
Summers apiearcd on the scene In the rola
of Injured husband and demanded husti
money from the attorney.
At the instigation of the attorney tha
quartet was arrested, but the complainant
did not appeur in police court Monday
morning to prosecute, wishing to avoid tha
publicity that such prosecution would
cause.
In the absence of prosecution City Prose
cutor Lee could only charge the men with
vagrancy, which charges have been filed
against them In the police court. Sum
mers and Jennings were arraigned on that
charge, pleaded not guilty and their hear
ings were set for Tuesday morning.
Prenrranared by tho Men.
That the young women might return to
their honts in Lincoln without delay, their
testimony was taken In court Monday
morning. Both test Hied, though rather re
luctantly, that they had knowledge of the
scheme concocted by their .husbands, that
they should Inveigle men to their rooms.
Mrs. Summers, who met this victim, said
she took him to her room and then her
husband entered and said to his wife, "You
did not expect me home so soon, did you?"
Mrs. Jennings testified that the men ar
ranged the plan between them and then
called the women into one of the rooms and
proposed the Idea, as both couples, It waa
stated In court, were In financial straits.
Summers and Jennings have engaged'
lawyer and will fight the case. The prose
cution will try to have them sentenced on
vagrancy charges. The men in the case
protest Innocence.
- Mr. Mann of Lincoln, father of Mrs. Sum
mers, was In court Monday morning and
after the young women gave their testi
mony, took them both to their homes In
Lincoln. Both of the young women ex
pressed desires to return to their homes,
believing they have seen enough of tha
wide, wide world to last them for some
time to come.
It Is stated that both Summers and Jen
nings married 'the young Lincoln women
under assumed names. The authorities rj-e
making efforts to learn more of the men
and to obtain, It possible, their real namea
DEATH RECORD.
Henry Swansoq.
HURON', S. D., July 30. While on h.a
way to the river, accompanied by a number
of children, Saturday, Henry Swanson, 65
years of age, fell dead in the street, from
heart failure. Since the death of his wife,
Mr. Swanson has made his home at tho
home of his daughter, Mrs. Thomas
Thompson. In this city, but prior to that
time resjded in St-' Raul., . .,.,( ; ,
' KnnernI of 'Accident Victims.
NORFOLK, Neb., July Sl.-(Speclal Tele
gram) The double funeral of Miss Annla
McBride and Carroll Powers, victims of
the drowning tragedy, was held at S o'clock
this afternoon. It was the largest funeral
ever held In Norfolk.
George Decker is Inaane.
LOS ANGELES. Cal., July r George
Decker, a once famous first baseman draw
ing $5,0CO a year, vIhs committed to the
State hospital at Patton today.
hopelessly
insane witn nomiciaai mania.
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Housewives, insist on getting
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JlA. GKOCEaVS and dauooisti
