The Omaha Daily Bee. For News Quality end Quantity The Dee Greatly Excels. Omaha's Preferred Advertising Medium is The Bee. ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MORNING, .AUGUST 16, 1905 TEX FAGES. SIXGLE COFY THREE CEXTS. SIX MOREARE DEAD Shrinkage of lerer Cases Causes Better reeling at Oreeoent City, ONLY NINETEEN NEW FOCI FOUND Many of Those BisoeYered Within Pait Tew Taya Disappear. Dr.. CUITERAS ON TOUR OF INSPECTION Cuban Expert Bays the Situation is Being Well Handled. SUNDAY IS DISINFECTION DAY Every Householder la Expected to Barn Sulphur on Mia Prrnlari for Two Hoar a Beginning; at Tea O'clock. NKW ORLEANS, Aug. lB.-Offlclal report of .the yellow fever situation to 6 p. m.: New rases 62 Total onsen to date 1,W Deaths today 6 Total death! 172 New fool 19 Total foci to date 229 Cases upder treatment JSi The day's record shows that there is beginning to be an Improvement In the sit uation. With only sixty-two new cases found hy the new system, there Is every reason to believe that the progress of the disease has been chocked and Its eradica tion Is only a question of a few weeks f Of the six deaths today only one whs an Italian. Among the others was J. O. Dasplt, a prominent young lawyer, ami Pierre Aldal, a well known musician, at one time leader of the French opera or chestra. Aldal, however, was In destitute circumstances and was burled by the city. He was found In a dying condition. Only a third of the new cases today are Italians The State Board of Health announces that In the state outside of New Orleans there have been to date 129 cases and twenty-four deaths. The state has contributed $1,000 toward the Patterson emergency fund, which added to the subscriptions of residents of tho town will enable them to continue the campaign they have Inaugurated to eradi cate the Infection. Thirty-five tons of sulphur, donated to the maritime hospital service today, will be distributed among the poorer class of tho population for a general fumigation of premises. ' Dr. t.ulterns Inspects City. The arrival of Dr. John Ouiteras, the Cuban yellow fever expert, and his tour of the seat of worst Infection was the most ini.r..tintf fAAfitr of the vellow fever situation today. Dr. Qulteras left Havana, to make an Inspection of the gulf cities In connection with the Cuban quarantine and to offer his asslstanoe In the campaign In progress here. He landed first In Florida, thence to Mobile. Inquiring Into conditions on the gulf coast of Mississippi, and finally came here today. His previous Important visit to New Orleans was In 1897, when there 'was also an appoo-rance of yellow fever and when the mosquito theory had ' not been demonstrated. On his arrival today Dr. Ouiteras had an Interview with 8urgeon White of the marine hospital service. Dr. White went at length Into the conditions prevailing. Iter In the day Dr. Ouiteras Joined Drs. Corpul and Richardson of the marine hospital service staff for a tour of the old French market quarter, where the fever flrat appeared and where It has raged most fiercely. He visited the emergency hospital and was favorably impressed with Its equipment and management. In the Infected quarter he saw evidences of the thoroughness with which the marine hospital service has con ducted Its tight to eliminate the mosquito. Dr. Ouiteras was pleased with the results of his Inspection and expects to see here universal acceptance of the mosquito theory at the end of the present campaign. Situation Shows Improvement. The situation today again shows an Im provement, both as to new cases and deaths, comparing the totals of last week, and while the marine hospital officials are unwilling to be quoted they are known to entertain most hopeful views. Encouragement Is especially found In the reduction of new foci. An analysis of the report of the twenty-four hours ending August 14 showed eight new foci. Many of he new foci three days ago aro con aldered to have disappeared, no new In fection appearing In their neighborhood. A drift for 126,000 was received today at the office of the collector of the port to be put at tho disposal of the marine hospital service, which Is bearing some proportion of the heavy expense which Is Involved In the effort to eliminate the fever. All the money needed Is available to carry on the work, even at Its present high pressure, for several weeks to come, but there la a determination to Increase the fund to such an extent that work may not have to halt for want of money to carry it on. Next Sunday has been designated as a general disinfection day. Appeals have been made to every householder, every boarding or lodging house keeper, every hotel keeper, every merchant and manu facturer, every person having an enclosure of any nature to fumigate at 10 o'clock on that day, burning sulphur for at least two hours. Wednesday and Friday have been ap pointed as outing days for the troops at the United States barracks. The men have been tn confinement for three weeks and It la desired to give them an opportunity tor some relaxation. Not a case has ap peared In the garrison. A suspicious case of fever, which may develop Into yellow fever, was reported to day from Algiers, near which the naval reservation la located. It la a long dis tance from the case which occurred In Al giers about three weeks ago and the pit lent Is a young girl, who was employed within the area ot Infection on this side of ths river. W0MAi ACCUSED OF MURDER Mrs. Harvey MrPheraoa Kail of Pratt, . Kan., Charged with Pol so at na iler Husband. PRATT. Kan., Aug. 15. Mrs Harvey McPherson Null, charged with murder In the first degree In having It Is alleged, poi soned her husband, a well-to-do farmer, and H. C. Kelley, a farm hand, charged with aiding and abetting her In the crime, have been arrested here. Airs Null was released on bond. Kelley, who Is several years her Junior, was unable to furnish Dond and has beeft remauded to Jail. War rants were Issued following the report of Ihe coroner's Jury. Null died suddenly on august (. after eating a supper cooked by hts wife. Hla stomach was analied tnd was found to coutaia twenty-four (rains of areenlo. EAGLES GATHER AT DENVER Rltaal Will Be Hei Inert for Indlaent Mar P.atabllebcd. mil Be Home DENVER. Auk. 15. The eighth annual meeting of the grand aerie of the Fraternal Order of Eagles began here today. The gathering pi mlses to open a new epoch In the hlsto f this fraternity. The ritual revised along Masonic llnea. ie order on a firmer basis, rictions will be placed on ugh no occupations will r Important matter under Is to be v so as to S and great members!)!" be barred. consideratlo home. S A public rf fleers and me the Tabor On noon. Welconu Governor McDol citizens. he establishment of a was given to the of of the grand aerie at ra house thla after rcsses were made by yor Bpeer and other Responses were made by Grand Worthy President John F. Pelletler, Morris Elsen berg of New York and Colonel Edward P. Edson of Sceatlle The report of Presi dent Pelletler shows a gnln of over 5.000 In the membership during the year. New aeries to the number of 31 were organised. The total membership now is more than 19u.m and the total number of aeries 1,032. Presldenet Pollctlcr gave the valuation of the assets of subordinate aeries at $1,700,- The report of Treasurer Head shows a balance of $86,000 In the treasury of the grand aerie. This eclipses all previous records in the finances of the grand or ganisation. It Is gathered from talk among the delegates tonight that the proposition for an Eagles' home will be abandoned. The expense of maintaining an Institution of that kind will be too great a burden for a young order to undertake, they sa y. A recommendation In President Pelletler'e report which is causing considerable dis cussion because of the absolute power It gives. Is that the president or some one else designated by the grand aerie be em powered to decide f.ll questions of law and that such decisions be final. The contest for the presidency seems to have narrowed down to Pelletler, candidate for re-election, and Davis of Ohio. Milwaukee Is supposed to have a firm hold on the 19(i convention. CATTLEMEN SEE WILSON Live Stock Shippers I rate Modification of Recent Order Mranlatlng Feed Inn Enroute. CHICAGO, Aug. 16. Secretary of Agri culture Wilson held a conference today with about fifty cattlemen at the Stockyards exchange on the subject of live stock ! transportation. The cattlemen rqudn it plain to the secretary that they were op posed to the law which requires snippets to feed and rest cattle every twenty-four i hours on the Journey east. They wanted It extended to thirty-six hours. The ranchmen argued that It distresses cattle more and does them more harm to take them from the cars every twenty four hours, prodding them with poles and banging them against the sides of the doors and cattle pen chutes than it does to allow them to remain In a, car for a, d.iy and a half. " I Secretary Wilson told the stockmen, who were from Texas. Colorado, Idaho, Mon tana, Iowa and other cattle states, that ho could not change the law, but he agreed : to modify the order, which now limits the number of cattle in cars when they are fed enroute. "As to feeding the cattle on the ears." said Secretary Wilson, "there are not enough of the right kind of cars to make that general. The stockmen represented' today that the recent order limiting the number of cattle In cars that are so ar ranged that feeding Is possible was a hardship, and I agreed to modify It." The railroads also contend that unloading once every thirty-six hours Is often enough and a committee of operating and t radio men was appointed to Join with cattle shippers in presenting that matter to Sec retary Wilson. The government, at the Instigation of the secretary, has filed 1,200 suits against railroads for violation of tho statute and the railroads are anxious to have the whole matter settled on condition that they live up to the law In the future. He will give an answer to the committee tomorrow. STEAMER SINKS IN HARBOR New ghoreham Ron Down at Block - Island After Kxeltlng Ron for Dock. RLOCK ISLAND. R. I., Aug. 15.-Tha steamer New Shoreham. while entering the harbor today on her trip from Providence with loo passengers, struck a sunken wreck and after an exciting run for the dock sank to the main deck Just as she ranged along the pier. The passengers were able to land over the usual gang plank. The steamer was about half way across the harbor today when she struck the wreck. The collision ripped open a hole several feet wide In her bottom, but not withstanding the steady Inrush of the water the fire-room men and the engineer, headed by Chief Engineer John Quinlan, stuck to their posts. When the steamer was within 100 yards of the dock the water put out the fires, and when the vessel reached the dock Engineer Quinlun was standing In water waist deep. He was still at his post when the steamer's gangplank was pushed ashore. WILL OF THE LATE ARCHBISHOP Chnppelle I.eavea Property to Many Priests and to Hla Meee. NEW ORLEANS. Aug. lB.-The will of Archbishop Chappelle was probated today. The bequests were as follows: All of the property, real and personal I may possess at the time of my death sit uate 111 the state of Louisiana I III' ur, I bequoath to the Right Rev. Edward Flts- i'ikni'ii oi i.uue hock. Ark.; Kight Rev. Edward P. Allen, bishop of Mobile, and to Very Rev. J. M. Ijival, my vicar general. My property, real and personal, situated In the territory of New Mexico, I will and bequeath to the Very Rev. Anthony Four clitK. administer of the arch-diocese of Santa Fe during the vacancy of that see. All my real and personal property sit uated In the department of Lozere. France I will and bequeath to my niece, Josephine Sollgnac. Rain KnouKh at Pierre. PIERRE. 8. D.. Aug. 15 -(Special )-In a storm of three days' duration there was a aralnfall of an Inch and a quarter at this city, and In the eastern part of this county a much heavier fill. All this sec tion of the state wants In the way of rainfall for the rest nf this year is showers to lay the dust, in fact any further soak ing rains will be considered a detriment rather than a benefit, as It la desired that the grass cure on the ground before It la frost.yl, as it would be spoiled for winter grasing If frost should cUb It wb.il yet aoau. CHANGES UINTAH LAND ORDER President Beopens to Entry 85,000 Acres Withdrawn by Proclamation, NOT NECESSARY FOR IRRIGATION PURPOSE Action Taken at Request of Interior Department After Further Re- port by Geological Survey. WASHINGTON. Aug. lS.-The president has modified his proclamation of August 5 withdrawing from entry certain lands In the Uintah Indian reservation and has re stored about W,0C1 acres. Following is the Interior department's official statement of the action taken: The act of March S, !. provides: "That before the opening of the I'lntah Indian reservation the president may set apart and reserve any reservoir site or other lands necessary to conserve and protect the water surplv for the Indians or for general agrt- runurni oeveiojmiem. Accordingly the United States geological survey, after Investigation, made report to the secretary of the interior lerommending that certain described lands covering over 2'W.OOfl acres. Including a large quantity of agricultural lands, be reserved under said provision of law. Upon this recommenda tion the acting secretary of the interior requested the president to Issue his procla mation making such reservation and ac cordingly the president Issued his proclama tion of August 3, lie. Subsequently, complaints having reached the department that the said agricultural lands properly should not be Included In said reservation. Mr. Hyan, the acting secretarv tiHk the subject up for further consideration and directed the I'ni'ed States geological survey to make a supplemental report stating specifically whether the reservation of these agricultural lands is necessary for "the conservation and pro tection of a water supply." This supplemental r-rt has been made and shows that the reservation of thee lands Is not necessary for that purpose, but that they were Included in the survey's original report on the assumption that the act authorized their reservation for 'agri cultural development." which was epecitlc allv stated In it. The acting secretary de cided that their reservation was made only "if necessary to conserve and protect the water supply." and requested the president to release them from reservation, which was done todav bv supplemental proclama tion. These agricultural lands are now sub ject to disposition In the n.anner provided by the law. Walcott Replies to Charges. In response to published charges that officials of the 1'nlted States geological survey have used Information belonging to 'the government for the benefit of the Mining World, a magazine In which certain members were said to hold stock, Director Charles D. Walcott today telegraphed to Acting Director H. C. Rlzer for an ex planation from Diummond, Mont., where he Is In camp. The explanation follows: Mail and newspaper clippings were re ceived by mo In camp August 11. The geological survey, or Its members, has not and does not own or control the Mining World. No Information has been sold or given In advance of general publication to any journal or inuiviuu;i. o m. ivf, The request to nominate competent writers ! tr tho Mtnlnir World made to Dr. 1HV for the purpose ot making a tlrsl-class western mining Journal was approved by the di rector subject to the survey regulations that the Mining World was to be treated exactly as all other Journals in all matters pertaining to the survey. A fraction of the stock of the Mining World was sub scribed for as a purely private matter by some members of the survey. Popular rirlo based on technical pspers nrsi Liubllshed by the survey have the approval of the director wneiiir i mon- uy mem- Ders OI 111" &ui-y " n information and Illustrations are as free to tho outsider as to the survey mem bers The director has the most cordial relations with the editor of the Engineering n,t Minln Journal and Invites criticism from this and oiner sources, n nii i ut tlve criticism Improves the service. If any one has evidence of wrong doing or in judicious action on the part of any mem ber of the geological survey the director asks that It be sent to the president, the secretary of the Interior, the chairman of the committee appointed by the president to investigate the business methods of the sovernment or to the director, go nm CHARLES D. WAIifOTT. avy Rncourasea Boxing. Secretary Bonaparte, after a thorough examination of the records in the case of Raphael Cohen the coal passer on the converted cruiser Yankee, whose death re sulted from Injuries received In a 'boxing contest held in an American warship In Dominican waters on July 9, said today that from an Investigation of the records he aaw nothing wrongful, although, of course, it was extremely deplorable that Cohen should have lost his life. He added that boxing and athletics generally are en couraged In the service, because of their beneficial Influence on the health of the men, as well as to relieve the tedium of a sailor's Ue. The court found that neither Cohen's ad versary nor any other person was In any wise culpable and recommended that no further action be taken. Admiral Brad ford approved the findings of the court, as at present informed, and the department finds nothing In the case that calls for action. Filtration Plant Opens. Two beds of the new $4,500,000 Alteration plant, with a capacity each of 3.ooo.000 gal lons of pure water, were opened today. The water from them, however, will not be available for public use until Saturday. The opening of the beds Is a source of great satisfaction to the health officials who attribute much of the prevailing ty phoid fever to the consumption of un filtered water. In sixty days the entire plant of twenty-nine beds will be put Into operation, thus insuring a complete filtered water supply for the national capital. Eleven new cases pf typhoid and three deaths from the disease were reported today. Charges Against Tngsart. It is now stated at the war department that charges were filed there last April against Major Taggart, who Is suing his wife for divorce In Ohio, but no action has been taken on the charges, nor will anything be dona until the termination of the present suit. The chaises relate to matters out of which the divorce suit has grown. Taggart also filed charges against Colonel Miner some time ago, but they were considered trivial and were dismissed. FISH TRUST FILES ANSWER State of Ohio Informed Corporation la Organised Alone Same Llnea aa Standard Oil Company. COLl'MBl'S. O., Aug. 15. A. Booth A Co. of Chicago, a corporation popularly designated "The Fish Trust," against whlcn a suit in ouster was reoently filed by th attorney general on the grounds that it was tn restraint of trade, today filed an amended answer In the circuit court. The answer admits that the defendant is In corporated under the laws of Illinois with a capital stock of S5.5tO.000 and that it has purchased twenty-four fish companies. The answer denies it is a trust In restraint of business, and names several hundred fish companies still doing an Independent fish business. It also names XX corpora tions in Ohio, among them the Standard Oil company, which are organised in the same way and doing business without being molested. It says the company is properly Incorporated under the laws of Illinois and Is entitled to all the bene flu therefrom. COMMISSION STARTS SUITS l.lnlca and Railroads WASHINGTON. Aug. 15 The Interstate Commerce commission on Its own Initiative and as a result of complaints against private car lines today unexpectedly began an Investigation of the relations between railroads and 'refrigerator lines, by which it is charged that the act to regulate ths inteistite commerce Is violated In several specified places. The complaint set forth by the commis sion Is directed against the Armour Car line, the American Refrigerator Transporta tion company, the Sanw Fe Refrigerator Despatch, and the following railroads: Bt. Louis San Francisco, tAtchlson. Topeka & Santa Fe: St. Ixiuis, Vlron Mountain A Southern; Central of Georgia; Atlantic Coast line: Seaboard Air Line; Pennsyl vania; Southern Pacific, and Kansas City Southern. The railroads and refrigerator lines are made respondents In proceedings and re quired that specific anfwer to all allega tions be made to the Interstate Commerce commission by Septembtr 6. It Is charged that by way of rebates or other devices the refrigerator lines are acting for the railroads as authorized agents, and the railroads, acting through the refrigerator lines are collecting and receiving (or the refrigeration of fruit and vegetables lower rates trom some shippers than they are contemporaneously receiving for similar pervlce rendered to other ship pers. This is field to be In violation of sections two and three of the act to regu late Interstate commerce. Another charge is that failure and ne glect to publish at shipping stations and file with the Int rotate Commerce com mission, t lie rates and charges Imposed for the refrigerating of fruits and vege- J tables, constitutes a violation of section six of the Interstate commerce act. The commission alleges further that the charges pursued Jointly by the refrigerator lines and the railroads for the refrigera tion of fruits In certain specified terri tories are unreasonable and unjust and In violation of section one. The terri tories described are Missouri. Arkansas, In dian Territory, Texas, California to eastern points, Louisiana and Kansas and Georgia, S'Ui'.li Carolina and North Carolina to New York. Complaints against tho private car linos extend over the entire life of the first uct to regulate Interstate commerce and all acts amendatory thereto. Hearings have been had In various sections of the country und not Infrequently have changes In tho schedules been mude for the nnnounced purpose of remedying alleged abuses. Com binations of railroads and private car lines hav- prevented any wholesale regulation of these rates. Charges of discrimination against small shippers have poured In on the commission for a number of years. The matter has been made the subject of Investigation by congresrtonal commit tees ami several laws have been passed giv ing Increased powers 4o the commission In an effort to reach alleged combinations said to have been prohibitive of tho small shipper entering Into competition with ship pers leasing by the year largo numbers of private cars.. V The action taken by the Interstate Com merce commission now -:,ril"ejes a belief that cci tain cKf.es .jet vr-h the pro ceedings can be reached under present law. In any event the proceedings are looked upon as a test and It is declared they will prove of Inestimable value In In forming congress what new laws are needed for national control of private car lines, where combinations are made with rail roads which affect the freight and re frigerator schedules. NEW LINE IS PROPOSED Topeka Heara Harrlman la Behind orth and South Route Throntch Knnsas. KANSAS CITY. Aug. 15. A special to the Star from Topeka, Kan., says that ap plication was made for a charter for a railroad company, the purpose of which is to connect the Harrlman railroads In the northwestern part of the United States with the Harrlman llnea running to New Orleans and through southern states. The new railroad will run through the Kansas wheat belt and be chartered under the name of the Denver, Kansas & Gulf. The capital stock of the road Is 12.000,000, 1500,000 of which has been subscribed. The new railroad will connect with the Burlington lines on the north either at Oronoque, in Norton county, Kan , or Re publican Junction, in ,Harlan county. Neb. It will run south from one of these places to Hays City, Kan., and then through Great Bend or Lamed to Pratt and out of the state at Kiowa. At Cherokee, Okl., It will connect with the Denver, Enid A Gulf, a few miles of which Is In operation. It will run east from Oklahoma City to lexarxana. wnere 11 win conneci wnn a branch or tne lexas racmc. ine neaa- quarters of the new company will be at Medicine Lodge, Kan. The Incorporators of the company are: Breckenridge Jones of St. Louis, who owns 5,000 shares of the stock; Ed L. Peckham ot Blackwell, Okl., who owns 5,000 shares, and the following pen""", who own one share each: J. J. Cunningham, Enid, Okl.; C. J. Rhoads, Medicine Lodge; W. C. Robi- I son. Wlnfleld; C. Q. Chandler. Medicine Lodge, and Milton Brown, Topeka. The purposes of the company as set forth In the application will permit the new com pany to run feeders through nearly every county of the wheat belt. The estimated length of the main line Is 3ou miles. HANLEY HELD TO GRAND JURY St. Paul Man Accused of 'sing Mails to Defraud Pnrchaarra of Stock In Ranch Company. ST. PAUL, Aug. 14 John c. Hanley was tod i Rrfrltm(nr f ar i to Rf Probed i for lot. Ham of'lav. ay held to the United States grand juryj ' , 'a 7 7. the charge of using the United State.Vnd Twentieth treet j rom rjodfl to Cass on the charge mails to defraud. The charge arises from Hanley's connection with the Consolidated Farm and Rarich company, a corporation with an authorized capital of $300,000. Han ley Is alleged to have sold stock In the company by representing that It had pur chased the Montana Co-operative Ranch company, but the receiver of the latter company testified that no such sale had taken place. CONFERENCE 0NGRAIN RATES Railway Officials Seeking to Prevent Another War for the Fx part Traffic. CHICAGO. Aug. 15. Traffic officials of eastern, western and gulf railroads held a conference here today with a view of adopting a basis of grain rates from Mis souri river points to the gulf and Atlantic ports which would be satisfactory to all lines and prevent another grain rate war on export grain traffic. No agreement was reached and the meeting will be con tinued tomorrow. CITY COUNCIL PROCEEDINGS League of Municipalities Will Ee Asked to Meet in Omaha. RESISTANCE TO HYDRANT RENTAL BILL City Attorney Brcen Recommends Fight In tonrt In Preference to rayment at the Present Rate. City officials intend to bring the 1908 convention of the league of American Municipalities to Oipaha. Preliminary to carrying out this purpose action was taken by the council last night to appropriate VX from the general fund as expense money for three delegates from this city to the Toledo convention. August 22-26, who will go Instructed to employ their best endeavors to make the Gate City the meeting place next summer. In a separate resolution City Engineer Rosewater, who will read a paper on asphalt pavements before the convention. was named as one of the representatives and City Attorney Breen was decided upon as another. leaving only one member for President Zlmman to appoint. Pending the disposal of the gas tight councllmen are chary about leaving town and It Is possible that the third delegate will not be of their number. Clly Treasurer Hennlngs htfs been suggested as a man suitable to the task expected, out of regard for his energy and talent at "mixing." Whoever the delegate Is the sentiment behind him at the city hall Is persistently and loudly for the convention and putting forth of every effort to obtain it. The Commercial club and Real Estate ex- change are to be asked to extend a hand and help to map out a program that will lure the members of the league to Omaha In 19-J6. Nearly all the councllmen made speeches In favor of the enterprise, rec ognizing, however, that other cities want the convention and to get It here will mean a struggle. Hydrant Bills to Be Contested. Information was given out by City At torney Breen that the Water board and he propose to resist In court the settle ment In full of fire hydrant rental bills of the Omaha Water company for the last half of 1!)04 and the first half of 130B. I'pon the city attorney's advice the coun cil rescinded action taken In February con fessing judgment In the federal court to the bill of $4,717 for the last six months of lfM. The Water company had refused to accept this confession, demanding the payment of Interest on the money tied up as well as the bill Itself. Mr. Breen said : "The action o the Water board In re sisting the last bill will be based prin cipally on the ground that for years and In fact always, the water company has failed to comply with Its contract for fire hydrants to anything like tho helghth required; also because the company has refused to put In hydrants when ordered to do so by the city and Water- board from time to time. "I think there is very little doubt that the company has not been filling the con tract. It is now a question of how much it. can recover, pot under the contract but for the worth of the service they have actually rendered. I am persuaded from authorities which I have read during the last few days that this Is the best the company can expect to obtain." o Tracks on Jackson. On the recommendation of the committee on railways, telegraphs and telephones the council refused to pass the ordinance giving the Burlington the right to lay tracks on Jackson street from Tenth to Sixteenth street. The committee said that It Is not deemed advlssble to grant any such ex tensive privileges to any one company under the conditions obtaining and spe cially in the particular part of the city designated. " Protests on the ground that It would Injure their abutting property were received from the Philadelphia Mortgage and Trust company, Mrs. C. Fenwlck, Mrs. M. A. Nagl, the Cassell Realty company, Andrew Murphy and Rome Miller. Acoustics Siiw Required. The council chamber will be equipped, or at least an attempt will be made, bo that auditors sitting behind the railing may hear what la being said during the course of business. Councilman Huntington had a resolution adopted directing the com mittee on buildings to take action towards this end. He stated the acoustics of the big room are unquestionably bad and that the audience on meeting nights Is unable to follirw what Is said. Wires strung across the chamber. In his opinion, will take up the reverberations and help matters a great deal. Friendly Lift to Disdr. A resolution was adopted permitting Dundee to connect with the new Saddle i crefk pwer ,n chBnge for a fee of 18.000 and a contract to bear proportionate ex ,n .v future enlargement of the sewer disposal plant. The appointment of Albert C. Kugel as plumbing Inspector to succeed John L. Lynch waa approved. City Attorney Breen reported the petition asking for paving on Thirty-fifth avenue from Howard to Jackson street is Insuf ficient because the signers attempted to waive the thirty days required by law to select material, designated asphalt and cement curb and gutter and assented to widening the street. The council put the document and petition on file. Councilman Schroeder had an arc lamp ordered Installed at Twenty-fifth and Pratt streets. Permission waa given the Ak-Sar-Ben to use the customary streets September 17 to October 7 for the annual "oriental carnival and Industrial exposition." . . Patlng Ordlnaneea. Ordinances were passed ordering the pav ing of Thirty-third street from Cuming to Charles and Douglas from Twentieth to . W 1 . Dl.-lna.n. V, 1 .... I. ana. riowaru iruui iiiiiifiinn veil ua w Thirty-sixth street with asphalt. Council man Back, chairman of the paving com mittee, said he had aeven more paving ordinances to report on and at hla request a recess waa taken until Thursday night at T o'clock, when they will be acted upon. An ordinance was Introduced to order paving work on Thirtieth street from Dodge to Farnam with Purlngton brick block an4 another to create an Improvement district for Capitol avenue from Twenty-sixth to Twenty-seventh avenue. It was announced that the Purlnglon brick block paving on Spauldlng street from Twenty-fourth to Thirtieth has been completed and accepted and estlmatea ware ordered paid. British Ships Sail East. LONDON. Aug. 15 The British channel squadron, consisting of eleven battleships, eight cruisers and a flotilla of torpedo boats, under command of Sir Arthur Wil son, sailed from Spithead today bound for the Baltic sea. During the cruise the squadron will visit Youlden, Graa lt Ep Bwlnrouiade and NaufabrwaAger; NEBRASKA WEATHER FORECAST Showers Wednesday Thursday Fair, Cooler. Temperature at Omaha Yesterdnrt Hour, ft a. m . . Ha. m . , T a. m . , 8 a. m . , 9 a. in . . Ieg, . . OT . r . TO Hour. 1 a. m. 11 n. m. 12 m. . . , I p. m . a p. m . a p. m. rea. . . T . . TT . . TH . . W . . sa PARS. GIBSON IS IDENTIFIED Brother Who I.Ives ' In Yaakton Arrives and Will Take llody Home for Burlnl. The mystery surrounding the death of Mrs. L. B. Gibson, who died at the Her Grand hotel' a week ago aa the result of acute stomach trouble, according to the post-mortem examination by Dr. H. A. Waugener, house physician at the Her Grund, was definitely cleared up yesterday afternoon, when a brother of the dead woman, B. Lea ring of Yankton. 8 D., ar rived In the city and Identified the body of his sister. It was an Incident full of pathos which marked the culmination of the search for the relatives of the dead woman when the young brother appeared at the bier of his sister, and there was at least three men who were in the place at the time whose handkerchiefs went to their eyes as he bent over the dead body and wept. The young man Is but 20 years of age and Is a carpenter by trade. He says that his sister left home for the first time about five years ago, but It was customary for her to pay a visit to the home In Yankton at lesst once a year. She was af home the last time about fotir months ago and remained for about six weeks, when she left for Chicago to ac cept a position as saleswoman for a man ufacturing house In that city. About eight weeks ago, he says, their mother received a letter from her saying that sho was sick In Chicago and asked for $2a, which was promptly sent. They later received an other letter saying that she was well, but that Is the last heard of her. He knew nothing of her life In Lincoln. Mr. I.earing states that he krlew nothing of her marriage to Gibson, but Is positive his sister would not think of committing suicide. A letter lias been sent by Rev. Father Kearns of St. Phllomena's church, who was at the bedside of Mrs. Gibson when she died, to the parish priest in Yankton, stat ing that Mrs. Gibson received the last sacrament of the church, and the burial will take place In the Catholic cemetery. The body will be sent to Yankton this evening. Mrs. Gibson's father is dead, but her mother and brother live by themselves in Yankton. There Is no other member of the Immediate family living. Her maiden name was Cotherine Learing, and she worked for two years at the Gar retson hotel in Sioux City as a waitress and later was employed In the same ca pacity at the Union hotel In Lemars, la. WRIT FOR JWO OFFICIALS Ha ben a Corpus Application Granted for General Berk nnd John F. Marker. A writ of habeas corpus was granted by Judge Mttnger In the United States circuit court Tuesday afternoon )n behalf of Brig adier General W. H. Beck and John F. Mnckey, who were held In custody by the sheriff of Thurston county on the charge of Ignoring the Injunction of the district court of Thurston county In the matter of the payment of certain funds to the Omaha tribe of Indians. The case will be heard Wednesday morning before Judge Munger. The application for the writ of habeas corpus states that the petitioners have been unlawfully arrestd and detained in the custody of the sheriff of Thurston county by virtue of an order of arrest of the district court of said county, said order being Issued by Judge Howard Ken nedy. The arrest of General Beck and Agent Mackey grows out of their declining to furnish a bond In the sum of $1,000 each for their appearance In the Injunction case now pending In the district court of Thurston county In which they are made parties defendant In a suit growing out of the payment of "The Omaha Trust Fund" through them as government special agents. In this matter suit was brought by Hiram Chase, attorney for the Omaha Indian council, attacking the constitution ality of the act of congress of April 21, 1904, which provides for the payment of this $100,000 fund to the Omaha Indians, for which service these men were ap pointed. RECEPTION HELD AT IL0IL0 Empress of China Wonld Have Miaa Alice Roosevelt Pay Visit to Peking. MANILA, Aug. 15. Hollo tendered the Taft par'y a magnificent reception today. The civic and military forces paraded and at night the party attended a banquet at which 300 persona were present. The trans port Logan will sail tomorrow at daylight for Bacolod, the capital of Occidental Ne gros, where an Inspection of the sugar plantations will be made. The dowager empress of China has In quired, through the Chinese consul here, desiring to know If Miss Roosevelt will visit Peking. If so. General and Mrs. Cor- bln probably will accompany her. The condition of Mrs. Dubois, wife of Senator Dubois of Idaho, who was injured In a runaway accident. Is greatly Improved. STANDARD MEASURE ALL RIGHT Kansaa City Official on Second Teat Flada that Five-Gallon Can Seised Holds Proper Quantity, KANSAS CITY. Mo.. Aug. 15 Recently a city official seized an oil measure used on a Standard. Oil delivery wagon In this city, making a claim that It was short, and prosecution waa threatened. A test of the measure waa made today In the city chem ist's office. It developed the fact that the five-gallon measure used by the Standard Oil company held a trifle more than the quantity of liquid It was supposed to hold. The presecutlon probably will be dropped. Movements of Ocenn Vessels Auk. IB. At New Tork Arrived: Frledrlch der Grosse. from Btemen. Sailed: Kaiser Wil helm II. for Lreinen; Oeorirlc, for Uver pool; Prlns Oskar, for Nuples. At Naples Arrived : Calabria, from New York. Sailed : Ptiilla. for New York. At Antwerp Arrived: Finland, from New York. At IJverpool Sailed : Carthaginian, for Halifax: Ivernla. for Boston. At Havre Sailed : Sardinian, for Montreal. At Glasgow Arrived: Astoria, from New York. At Bremen Arrived: Kaiser Wilhelm der Grosse, from New York. At Hambuig-aailttd; JLenderah, for San fraoiisuw. UNITE ON FIVE POINTS Japanese and Runian Envoys Agree Upon .Two More Articles. BOTH- PLEDGED TO OPEN DOOR POLICY Mutual Pledges Made to Respect the Integrity of China, MUSCOVITES SURRENDER ALL LEASES Port Arthur, Dalnj, Blonde and Elliot Islands Qo to Japan. REAL CRISIS WILL COME SOON Ruaslana Stand Firm on Cession of Sakhalin Island and Question Is Passed for the Preaent. . PORTSMOUTH. N. H.. Aug. 15. Tha crisis In the peace negotiations, upon which the eyes of the world are fastened, la ap proaching rapidly and the end of this week or the first of next at the latest, should witness the deadlock and the end, If the conference Is to go to pieces. Two mora of the twelve articles, numbers 4 and 0, were , disposed of today. Article 4 consista of mutual pledges to observe the Integrity of China and the policy of the "open door" for the commerce of all nations, and article S covers the surrender of the Rus sian leases to the Llao Tung peninsula. Port Arthur. Dalny and the Blonde and Elliott Islands. Vital Point Passed Over. To article 4 both parties gave ready as sent and the official statement of the adoption .of that article took care to state that It was agreed to unanimously. Article 6. the consideration of which was post poned until later, provides for tha cession of the island of Sakhalin. Discussion ap pearing useless at this stage on accaunt of the firm negative given In the Russian reply, It was decided upon a motion of the Japanese to defer Its discussion, thus revealing the Japanese Intention of post poning to the end the life and death strug gle. Both Spar for Position. This Is the usual procedure followed In diplomatic negotiations, enabling the nego nations to come to an accord upon all possible points before tackling the crucial Issues, and the fact that the Russians acquiesced In the proposition shows that they too are as careful and as anxious as are the Japanese that the world should nt accuse them of being responrlMe for precipitating the break. If break there la to be, and wrecking the conference. This In Itself Is a hopeful sign. Besides, by postponing the burning question to the end the psychological moment for bargain and compromise arrlvea. Then hurriedly the last trump cards are played and the game Is done. And there Is growing hope of compromise. One Possible Solution. Tp the closest observersthe final solution begins to rrystalize quite naturally, tha Russians yielding the cession of Sakhalin. Japan foregoing the "cost of tha war," but taking compensation In the money to be refunded to Japan by China on account of the transfer to It of the Chinese Eastern railroad, which Kussla contends belonga to a private corporation and la therefore un conflscable by Japan; the Russian govern ment property In Port Arthur and Dalny and remuneration for the maintenance of the lon.nnft Russian prisoners In Japan. According to the Russian view, Japan has already secured all and more than It dreamed of claiming before the war. To insist upon a foe who has atlll 600,000 men confronting It In the field footing the bill for the cost of the war as the price of peace would, the Russians say, change the character of the military struggle hence forth from one for certain prlnciplea to one for the exaction of "blood money." All questions relating to Corea and Man-' churla, except the cession of the Chinese Eastern railroad and the main Siberian line running through northern Manchuria, from the station "Manchuria," on the Amur via Harbin to Vladivostok, are settled In tha five articles already considered. . Questions Settled. Some confusion has arisen about these articles and the following reauma can be accepted as absolutely accurate: 1 Recognition of Japan's "preponderating Influence' ' In Corea, eto. 2 Mutual obligation to evacuate Man churia, Russia to retrocede to China all special privileges, etc. S. Japanese obligation to restore aover einnty and administration of China 10 Man- 'Mutual obligations to respect the terri torial and administrative Integrity of China and the principle of the "open door." 5 The surrender of the Russian leases to the Llao Tung ptninsula. Including Port Arthur, Dalny and the Blonde and Elliott Islands. Questions Yet Open. The remaining seven artlelea (not (Ivan In numerlral order) are: The cession of Sakhalin; reimbursement for the cost of war; the cession to China of the Chinese Eastern railroad; tha arti cle relating to that portion of tha main line of the Silurian railroad running through northeastern Manchuria, which In cludes provision for pollen h ',d bw China and not by Russia; fishing rlghta on the Siberlun coast north of Vladivostok to the Behring sea; the article affecting Russls's naval power in the far east and that providing for the surrender of the Kuss.an warships Interned In far eastern waters. To all of these Russia has more or leas objection. Besides Indemnity and Sakhalin, M. Wltte will strenuously oppose the sur render of the Interned warships, the limita tion of Russia's naval power and the ces sion of the Chinese Eastern railroad to China. Program for Today. The article relating to the Chinese East ern railroad Is No. 7, and cornea up at tha session tomorrow morning. The Russians are prepared with documentary evidence If the article is not passed over to show that the railroad is a private corporation owned by the Russo-Chlnese bank. M PokoUloft, one of the Russian delegates, was manager of the bank In St. Petersburg until a few months ago, when he Waa sent to Peking as minister. Mr. Berger, the attorney of the bank. Is also here, and the fight upw thla arti cle 1 sure to prove exlreiaely Interest ing and possibly prolonged, as Russia will contest the Japanese contention that tha Russian government is the real owner of the railroad and that It was built to. purely strategic purposes. The only Jar in the sessions of the con ference today occurred at the morning ses sion, when a rather spirited controversy occurred over the question of the publicity of the proceedings. Each side manifested a disposition to charge the other with be ing reponlble for the "leaks" and It was settled by renewed pledges to renew secrecy In the future, and aa a revolt addl- y tional difficulty waa experienced, tonight by.