Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 16, 1905, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    The Omaha Daily Bee.
For News Quality end Quantity
The Dee Greatly Excels.
Omaha's Preferred Advertising
Medium is The Bee.
Shrinkage of lerer Cases Causes Better
reeling at Oreeoent City,
Many of Those BisoeYered Within Pait Tew
Taya Disappear.
Cuban Expert Bays the Situation is Being
Well Handled.
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
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
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.
Rltaal Will Be Hei Inert
for Indlaent Mar
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
be barred.
home. S
A public rf
fleers and me
the Tabor On
noon. Welconu
Governor McDol
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.
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
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.
Chnppelle I.eavea Property to
Many Priests and to Hla
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
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
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 yet
President Beopens to Entry 85,000 Acres
Withdrawn by Proclamation,
Action Taken at Request of Interior
Department After Further Re-
port by Geological
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,
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
Filtration Plant Opens.
Two beds of the new $4,500,000 Alteration
plant, with a capacity each of 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
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.
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.
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
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
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 .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.
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.
St. Paul Man Accused of 'sing Mails
to Defraud Pnrchaarra of Stock
In Ranch Company.
ST. PAUL, Aug. 14 John c. Hanley was
Rrfrltm(nr f ar
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.
Railway Officials Seeking to Prevent
Another War for the Fx part
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.
League of Municipalities Will Ee Asked to
Meet in Omaha.
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
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
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;
Showers Wednesday
Thursday Fair,
Temperature at Omaha Yesterdnrt
ft a. m . .
Ha. m . ,
T a. m . ,
8 a. m . ,
9 a. in . .
. OT
. r
. TO
1 a. m.
11 n. m.
12 m. . . ,
I p. m .
a p. m .
a p. m.
. . T
. . TT
. . TH
. . W
. . sa
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
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
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.
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
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.
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
At IJverpool Sailed : Carthaginian, for
Halifax: Ivernla. for Boston.
At Havre Sailed : Sardinian, for Montreal.
At Glasgow Arrived: Astoria, from New
At Bremen Arrived: Kaiser Wilhelm der
Grosse, from New York.
At Hambuig-aailttd; JLenderah, for San
Japanese and Runian Envoys Agree Upon
.Two More Articles.
Mutual Pledges Made to Respect the
Integrity of China,
Port Arthur, Dalnj, Blonde and Elliot
Islands Qo to Japan.
Ruaslana Stand Firm on Cession of
Sakhalin Island and Question
Is Passed for the
. 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
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 warships Interned In far eastern
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
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.