The Omaha Daily Bee. CHEAPEST BECAUSE BEST THE BEL CLEAN AND CONSERVATIVE THE BEE. OMAHA. SATURDAY MORNING, AUGUST 26, 1905-TWELVE PAGES. ESTABLISHED JUNE 19, 1871. SINGLE COFY THREE CENTS. ASKS COURT TO ACT Equitable Life Assurance Society Filet Answer to Charges Made by 8tate. MISMANAGEMENT OF FUNDS ADMITTED I Director! Bay Affairs Were Manipulated Without Tbeir Knowledge, REPLY PLACES BLAME ON OFFICIALS Tribunal it Asked to fix Beiponsibility for Illegal Actiom. DEPEW LOAN IMPROPERLY MADE It aWIll Be Brought by Officers of the Society to Compel Return of the Money to the Treasury. NEW YORK, Aug. 25 The Equitable Ufa Assurance aoclety today Joined with the state of New York In asking for a full Inveotlsatlon In court of Ha directors ana mcer ana tneir aucgoa wrong ooings , in managing me muprj. o. --" The document which announced this de termination was the answer of forty-nine Equitable directors to charges made against them and the Equitable by the state. Borne officials of the Equitable have been guilty of Improper and Illegal acts. It rhsrgea. tn all thirteen charges are answered by the directors. Among these answers they admit the J260.0O0 loan to the Depew Improvement oumpany. They admit the l5,0U0 loan to the Mercantile Trust company, but waive responsibility In this loan so far as the Board of Di rectors Is concerned and Indicate that Messrs. Alexander, Jordan and Demlng are the persons having the most Intimate knowledge of these transactions. The charge that excessive salaries were paid to officers of the Equitable Is not directly answered, but admission Is .made that, under the guise of service, excessive fees were given to certain Equitable offi cials who were also directors In other companies. In defense the answer states that these practices were not known to the whole board of directors. Outlining their belief as to the best policy to pursue in fixing the blame for the Equitable scandals, the directors say, first, that the blame for alleged cases of misconduct will be found to rest on In dividual officers and not upon the di rectors as a body. Having made this ex planation, the answer then admits tn a generaj way the wrongdoing charged. Broadway Rental Deal Admitted. The first charge specifically answered is that premises on Broadway were let at 'inadequate rentals to the Mercantile Safe Deposit company. This is admitted, but it Is denied that at the time this lease was mads James II. Hyde, James W. Alex ander, William Alexander. Oage E. Tar bell, Valentine P. Bnyder, Thomas D. Jordan, Charles B. Alexander. Henry R. "WWbfroW.'.'iMVIi. vvr. Krech and William " If. . Mclntyre were stockholders and di rectors in the Mercantile Safe Deposit company. With certain reservations, admission is then made that the capital stock of the Missouri Safe Deposit company was secured by the Equitable society, which paid ISO per share for shares of a par value of $190. The reservations In favor of the Equitable, in connection with this charge. Include a claim that these allegations are true In very respect to certain of the Equitable officers, but that the alleged purchases were never known to the whole board of di rectors. - I'awarranted Loans to Agents. As to excessive and unwarranted loans to agents the reply admits that they were made. The directors further admit that the ' officers who permitted wasteful, improvident and Improper advances of money to agents have been guilty of grave errors of Judg ment, but assert that they have no inforrmv tlon sufficient to form a belief that these officers were knowingly guilty of such lm proper acts. Instances are mentioned in which the system of making advances to igenta is neoessary and proper within rea sonable limits. The consolidation Of the Western National bank of New York City with the National bank of the United States, by which a .. .. Mauliul .a tKtj, hViuitnhl mrl.tv and a profit to some directors. Is also ad mltted. But the directors say the responsl bility for these losses must be divided among "those Individual defendants who directly participated or' had, or by reason of their official duties and position, should have, knowledge of the transactions The table of alleged Improper salaries of Equitable officers which was embodied In the state's charges Is declared to be true statement of the figures. A direct ad mission Is then made that these sums were paid without sufficient vouchers or audit, ' but the directors say their opinion Is re served as to whether "such were large and in all cases unwarranted." Pensions Wrona fully Paid, Admissions of greater latitude, however. are made on the subject of pensions and to the charges that money tn the guise of fees was received by directors and stock holders who were simultaneously stock holders of other corporations. After ad mitting that these moneys were received as uliarged, the reply states: Many of these defendants were Ignorant of said transactions, wnicn were nut o( a character necessarily known to the whole , board of directors. Hume of said pensions were found to be Justifiable, onier excessive and some Im proper. Denial Is next made of sny knowledge or Ihformatlon sufficient to form a belief . ... concerning the payment of an attorney s vices rendersd. Takluv up the fotf.000 loan of the Mer cantile Trust company, an admission of its xlsttnce la made, but the directors deny that they improperly permitted this trans action. Finally, admission of the payment of this 6S,OJ0 to ths Mercantile Trust company on July 14 last is made, but It is atated that this was only after ths trust company llad asserted a claim against the Equitable and after this claim had been resisted and dis allowed by the present managing officers of the Equitable society. Loan to Depew Company, The IXO.iluO loan to the Depew Improve ment company is next admitted, with a proviso which states that this admission is restricted to "those of the Individual defendants who Were or ought to havs been cognisant cf these transactions." The directors then announce that an ex amination of all facts In connection with ths DSpsw Improvement company is now being prosecuted with a view to recover SC either by legal action or by adjustment ' Out of court any sums that may be found aTirfHiaued on flecond Page.) MARKEL AFTER CONCESSION Want Privilege of Running Eatlnc Houses Alone the ranama Canal. (From a Staff Correspondent.) WASHINGTON, Aug. X. (Special Tele- ra . E Markel of Omaha was In .on yesterday In conference wun wl S. lew of securing permission to erect ea 4 .ouses on the Isthmus and to feed L' . arn's clerks and laborers who are t ; I the canal. Mr. Market has Just n d from a J rip to Panama and speaks e astlcally rif the outlook there. Hav- I rmerly operated easing houses on non Pacific and now having one or louses of a similar character. Mr. Is statements as to the needs of places for the Isthmus were received wim much consideration and It was stated today by Mr. Pepperman. assistant chief, that In all probability Mr. Market would be given the right to feed residents of the canal atrip under ttye regulations of the canal commission. Mr. Market left for New York on a visit to Chairman Shonts, who Is spending a short vacation In Berk shire. Tom Cook, poobah of the Panama Canal commission, collector of revenue, collector of customs, collector of Internal revenue, commissioner of lands and buildings, di rector of posts, administrator or estates pllrw,rtntPnrtnt nf public Instruction, waB M tne office of the Panama commls- slon today on his way to his headquarters at Panama, 'after a month's absence In Nebraska. Mr. Cook says he Is homesick for the Isthmus, and that while he had the time or his life In Nebraska and his old home, Lincoln, he wants to be back among those who are making world's history. Mr. Cook sails for Panama next Tuesday. The structural steel workers of Omaha were today awarded the contract for anchor ing the court wall of the Omaha postofftce. They agree to complete the work by Sep tember 15. Bids for Installation of "the steam heat ing and ventilating apparatus for the Lin coln (Neb.) public building were opened today by Supervising Architect Taylor. There were four bidders, the lowest being A. Q. Archambo of Minneapolis, at $14,000. The comptroller of the currency today approved the National Bank of Commerce oi oi. ..ouis, mo., a. rpr,f uBv,.i .o. i..- , First National bank or Malvern, la.; aiso approved the extension of the corporate existence of the First National bank of Wayne, Neb. These appointments have been made to fill vacancies In the rural carrier force: Iowa Bloomfield, route 8, A. A. Morgan carrier, James Lough substitute; Dcs Moines, route 2, James S. Jones carrier, O. O. Gilbert substitute; Panora. route 2, J. W. Bedwell carrier, Mae Bedwell substi tute; Scarvllle, route 1, C. N. Larson car rier, Theodore Talken substitute. SUE KELLY'S BONDSMEN State of Kansas Seeks to Recover Money Lost by Treasurer In Failure of Devlin Bank. TOPEKA. Kan.. Aug. 2S. Three suits, ag gregating $850,000, were commenced In the district crrart here- today by Attorney Gen eral C. C. Coleman, representing the state of K ansae, against bondsmen of State Treasurer T. T. Kelly, to recover state funds which were In the hands of the First National bank of Topeka at the time of its failure. The first suit Is for 1500.000 and is brought against the Title Guaranty and Trust com pany of Scranton, Pa., and T. T. Kelly. The second suit Is for 1250.000, and Is brought against the Fidelity and Guaranty company of Baltimore and T. T. Kelly. The third suit Is for lion.ono. and la brought against the First National bank. William Sims, C. E. Noel. W. H. Rosslng ton and C. J. Devlin. This action Is brought to collect the amount of the bond given by the bank officials to secure state deposits. The amount of money in the First Na tional at the time of the failure was $547, 675.08. In speaking about the suits today, Gov ernor Hoch said: We tried to collect the bonds In every wav before we decided to bring suit. The state wa.V?nr "which we 'can ms'ke The 'bo'ndTng companies pay Is to sue them. The First National bank. In which the state funds were Inst, Is the Institution which was carried down by the failure of C. J. Devlin, the coal operator. ORDER FOR G. A. R. PARADE Each Department Will Comprise a. Division and Formation Will Bo In Order of Seniority. WASHINGTON. Aug. 3-Flnal orders for the parade of the Grand Army of the Republic during It3 annual encampment In Denver next month were Issued today by Commandr-ln-Chlef King. The headquar ters of the commander-in-chief will be at the Brown Palace hotel, Seventeenth and Tremont streets, until the early part of the morning of the day of the parade, after which they will be at the corner of Fourteenth street and Court Place. The orders prescribe that each department parade as a division under command of the senior officer of the department nresent and on duty. The column will be formed in platoons of twelve files front, single rank, closed enmasse. The organisations are to report promptly at ( o'clock in the morning at their several ststions to be hereafter designated The distances be tween departments wtll be sixty feet, be tween posts twenty feet, bet ween-platoons (single rank twelve flies front) eight feet. These distances are to be maintained throughout the march. The various de- I Mrlmiiiitl trt fair rts-llnn In . K j , . marching column In the order of seniority - . , ... rado ard Wyoming, which, being the en tertaining department, wilt take Its place on the left of the column. ARREST IN MIZE MYSTERY Chirac Sleuths Take Son of Real Estate Dealer Into Custody, but ' He Has a Good Alibi. CHICAGO. Aug. 2S.-There were no de velopments in the police Investigation of the murder of Mrs. E. F. Mlse today. Po lice Inspector Hunt announced early In ths afternoon that before the day was over he would make a sensational arrest In connection with the case, but the sen sation failed to materialise. The man arrested was Earl Garrett, the son of a real estate detler. The pro prietor of a boarding house Informed the police that Garrett had left a magaslne re volver In his room, and on this information he ws taken into custody. Garrett explained his whereaboutan the night of the murder In a satisfactory man ner and said he left the revolver In his room because ha did not wish to carry It aay loitger. YELLOW JACK GAINS SLIGHTLY Warmer Weather Cause an Increaie in Number of Csses in New Orleans. RESTRICTIONS PLA-tO ON TRAVEL Action Is Taken to Prevent In discriminate Communication Between Infected Towns. NEW ORLEANS, Aug. 25. Fellow fever report to 6 p. m.: New cases K5 Total to date I. Ieaths S Total deaths 232 New foci M Total foci 376 Remaining under treatment HSO The figures show an Increase In the num ber of new cases over yesterday's report and if there is any particular cause to as sign, It Is the excessively warm weather of the last few days, which has been most favorable for the development of the In fection. The Increase Is so slight, how ever, that it does not In any way affect the hopeful feeling of those engaged In the campaign. New Orleans has received one case of fever which appears to have come from Memphis. The case was a woman, who cume here August 16, and was taken 111 two days later. The case was manifestly not contracted here, owing to the early de velopments of the disease after arrival. Cases In the Conntry. Following Is a summary of the reports of the new cases from the country: Hanson City 6 Patterson Morgan City 1 Oak Providence 2 Mississippi City i.. 1 Uulf Port, Miss 3 Stop Indiscriminate Travel. Action was taken today at a meeting of the State Board of Health to enable the federal authorities to put a stcu to Indis criminate travel between Infected points and New Orleans The resolution adopted Is general In character and authorizes any local health officers of infected localities to prohibit the introduction Into their com munities of persons acclimated, unaccll- matpd or ,0 bp lmmun(Ji when , thelr judgment such Introduction would add to or Increase the prevalence of disease. Per sons known to reside regularly In an in fected locality In Louisiana are to be ad mitted Into their homes when they furnish satisfactory iiroof of residence. Dr. White's announcement that If the people will faithfully screen and disinfect and obey the regulations which have been made, and if all elements continue as at present to report. It Is expected an entire cessation of the Infection will be reached In the next thirty days. Denial by Memphis Authorities. MEMPHIS. Tenn.. Aug. 25. The Memphis Board of Health issued a statement tonight denying emphatically the presence of yel low fever In this city. According to the New Orleans authorities, an Italian woman had developed on Aug ust 20 a case of yellow fever two days after her arrlvel In New Orleans. This woman, it wns believed, had come direct from Mem phis. The Memphis Board of Health, In its statement, says that the woman, Mrs. Quer clo, arrived here from New Orleans July 27. Her party was kept under surveillance for ten days, although no quarantine had been established. No Indication of fever devel- oped. The statement says that Mrs. Guer clo left Memphis twb weeks ago and that If she had contracted fever here that the disease would have made Its appearance many days before It was discovered by New Orleans physicians. LAWYERS ARE FOR PEACE Bar Association Commends Presi dent's Action In Promoting; Negotiations. NARRAGAN9ETT PIER, R. I., Aug. 25. The final session today was a busy and Important one for the delegates tn at tendance to the annual convention of the American Bar associations. Officers a-.r. amou?t 'M "' imnsacien, me question or insurance law was thoroughly debated and a banquet was held tonight. The moat striking feature of the conven tion canve today when resolutions ap proving President Roosevelt's efforts to end the war between Russia and Japan were adopted. The resolutions were brought before the convention Just pre vious to the adjournment of the business meeting and were adopted unanimously. Before artlon was taken, a resolution was Introduced which held that In view of the recent supreme court decision that It would be useless for the national con gress to enact laws for federal regulation of Insurance matters. It would be Improper for the American Bar association to re quest such action to be taken. A motion to refer the resolution to the Incoming committee on Insurance laws was passed after considerable discussion, 113 to 39. The special order today was the con sideration of the majority and minority report which was represented by the In surance law committee. The majority re port recommended legislation by congress I providing for the federal supervision of In surance, the repeal or all valued policy laws; a uniform policy, the terms of which shall be specifically denned, the repeal of all retaliatory tax laws; stricter Incor poration laws In the several states In-so-far as they affect the creation of Insurance companies, and a federal statute prohibiting the use of the malls to all persons, associ ations or corporations transacting the busi ness of Insurance tn disregard of state and federal regulations. The minority report presented by W. R. Vance declares that no reason has been shown why the business of Insurance should be regarded as Interstate commerce. There fore, the report says, it is clear that the regulation and control of the business is beyond the powers of the federal govern ment. It Is the opinion of the minority that federal supervision. If Jt were constitu tionally possible would probably remedy many of the existing evils, but that such supervision la not possible without a con stitutional amendment. The report char acterizes existing methods of state reg ulation as "most defective," as they are inefficient In preventing "wild cat" com panies from engaging In the business and are needlessly expensive to ths policy holders, who In the last analysis bear ths expenses .Incident to the business. After discussing ths whole question of In surance the law was left to the Incoming committee. George R. Peck of Chicago was elected president. Corean Emperor Holds Reception. 8EOI L. Aug. K. Ths emperor of Corea, upon the occsslon of his birthday, which waa celebrated today, granted an audience to the diplomatic corps and distinguished foreigners residing In Seoul. A popular demonstration took place in front of ths palace. PRESIDENT UNDER THE SEA Mr. Roosevelt Makes Short Submarine Voyage on Torpedo Boat Plunger. OTSTER BAY. Aug. 25. President Roose. velt this afternoon made a descent In Long Island sound on board the submarine torpedo boat Plunger. He was aboard the vessel about three hours. At one time the little boat was submerged for fifty minutes and In that time was put through all of the submarine feats of which It Is capable. The president expressed tonight his de light at the novel experience and said that he was Immensely Impressed with the boat and with the manner In which It was handled. In thus braving the dangers of submarine maneuvering the president has endeared himself to naval officers and men the world over and made Lieutenant Charles Nelson, commander of the Plunger, the proudest and happiest man In the United States navy. As soon as the president had descended into the boat the manhole was closed and, convoyed by the naval tender Apache, the Plunger started for the Sound. Explana tions of the working of the vessel having been completed, Ueutenant Nelson began to put It through Its performances. From the bottom, porpoise diving was tried, that Is, the boat would ascend to the sur face of the sound for several seconds, long enough to enable her commander to sight any warship that might be within view, and then dive again immediately. After this maneuver had been repeated a few times, the Plunger was sent down a distance of twenty feet below the surface and her engines stopped. Then the engines were reversed and the boat ascended to the surface backward. Lieutenant Nelson made his boat perform the remarkable feat of diving to a depth of twenty feet, and while going at full speed at that depth reversing Its course. The complete turn occupied only one minute. Subse quently, the engines were stopped and the vessel was submerged to a depth of twenty feet. There she was kept motion less, a demonstration of Its ability to re main . In that position for hours while awaiting an opportunity to launch one of her torpedoes at a vessel of a blockading squadron which might be passing or re passing a given point. After many maneu vers had been performed Lieutenant Nel son ordered all lights on board to be ex tlngulshed to demonstrate how thoroughly the members of his crew knew their busl ness. They worked perfectly In the Inky darkness, evidently with as much skill and ease as they performed their duties In the glare of the electric light. In doscrlbing his experiences tonight President Roosevelt expressed great satls- faction with the manner In which the tiny vessel was manasred. He remarked par ticularly on the possibilities of the sub marine torptdo boats In actual warfare. He related Jn. detail his experience with evident pleasure. Tomorrow, at 8:30 In the morning the Plunger will go out to the sound for another test try. The president and Mrs, Roosevelt, with a party mf friends, wilt witness the maneuvers of the vessel from the deck of the Sylph. SHIELDS NAME OF WOMAN New York Wan Pert In Sentence for Theft Never Committed to Prevent Scandal -Becoming- Public. NEW YORK. Aug. 25-As strange story as that constituting the plot of any novel will be told to Governor Hlgglns of New York by a New York City lawyer when he endeavors to secure the pardon of a man who chose to serve a sentence of three yeara' imprisonment In Sing Sing prison for theft of which he was Innocent to shield the name of a woman from scan dal. Carl Flsher-Hansen, the lawyer, said today thnt he would at once appeal for the pardon of the prisoner, whose name ho would not reveal, at the request of the woman whose reputation the prisoner had saved at the expense of his own liberty. The woman, Mr. Flsher-Hansen said, had visited his office within a few days snd said that her husband had Just died and that she mow wanted to do Justice to the prisoner. They had been friends, and more than a year ago, when her husband re turned unexpectedly he caught the other man running away. To save her from scandal, the man confessed that he had broken Into her home to steal, whereupon he was arrested and Is now In Sing Sing. The prisoner, said Mr. Flsher-Hansen, was a young college student who disappeared from one of the colleges when he was ar rested. "I will not say whether It waa Harvard, Yale or Prlncecon," said the lawyer. "No one has ever known what became of him, as he was tried and sentenced under an assumed name. "The woman In the case has also raid a penalty for her Indiscretion, as a servant who knew of the affair has collected ISO.OOO In blackmail from her within a few months She Is a member of one of the best families of New York snd her late husband owned several factories In New Jersey. RIPLEY REPLIES TO CRITICS President of Santa Fe Says His Boad Has No Relations with Standard OH Company. CHICAGO, Aug. 2B.-Mr. E. P. Ripley, president of the Atchison, Topeka 4 Santa Fe railway system, today, In reply to the recent criticisms of his road, saldr I wish It were true rhat the Santa Fe company Is getting or could get anything out of the oil that moves through the Standard Oil company's pipe lines, b it un fortunately for us It Is not true. The Santa Fe company has not derived benefit ef any kind, direct or Indirect, from the advent of the Standard Oil company In the Kansas field The statements made regarding the Santa Fe company as well as the conclu sions drawn therefrom are absolutely false except as to certain changes In weights and rates which were proper and Justifiable and were not made either for the benefit of the Standard Oil company or In collu sion with It. The fact Is thst the Santa Fe company never had sny oil traffic in Ksnsas of any consequence lis entire earnings on Kansas oil during the height of the excitement, the thirteen months end ing March 1. 1H06 were lees than fcl.txjO. REMEDY .FOR CONSUMPTION New York Hospital Says Good Re sults Follow I se of Veger table Juices. NEW YORK. Aug. 26 -Physicians of this city are much Interested In a circular la sued yesterday by the New York Post Graduate hospital announcing the discovery of a new cure for consumption. This new remedy is the Juice of raw table vegeta blespotatoes, beets, carrots, onions, celery and the like, procured by grinding and squeexlng, a dose being two ounces after meals. The statement is mads that eleven pa tients with well developed pulmonary tuberculosis have been absolutely cured and are now good subjects for life Insur ance risks. Fifty other patients ars still under treatment and are said to be progressing satisfactorily. INDICTMENT IN COTTON CASE Holmes, Haas and Peckham Accused with Conspiracy to Defraud United states. LATTER TWO ARE UNDER ARREST Attorney Beaeh Says Statistician Will Appear Today to Answer the Two Chara-es In the BUI. WASHINGTON. Aug. 25-dwln 8. Holmes, Jr., of Washington, D. C, until recently associate statistician of the De partment of Agriculture but who was dis missed as an outcome of the Investiga tion into the leakage In the cotton crop reports, has been Indicted by the grand Jury on a charge of conspiracy to defraud the government. This announcement was made tonight by t'nlted States District Attorney Morgan H. Beach. Just after he had returned from New York, where he had been Instrumental In causing the ar rest of Frederick A. Peckham, the New York broker, at Saratoga, and Moses Haas of New Tork. There are two Indictments covering the charges against the three men. Mr. Beach said tonight that Holmes, who has been away from Washington for some time and whose whereabouts have not been generally known, will be here tomorrow morning to answer to the Indictment. Section 5440 of the revised statutes, un der which Holmes Is Indicted and which It Is understood forms the gravamen of the charge against the three men provides: That If two or more tiersons consnlre either to commit any offense against the i nitea mates or to defraud the I nlted States In any manner and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than $1.0nu and not more than 110,000 and to Imprisonment of not more than two years. The report of the secret service on the charges alleging that advance Informa tion regarding the cotton crop reports had been given to cotton brokers In New York asserted that Holmes had communicated advance Information to L. C. Van Riper, a New York broker, and Moses Haas of New York, whom Mr. Van Riper used as a go-between In conveying Information from Holmes to other New York brokers. Secret Service Report for Year. The annual report of Chief Wllmle of the secret service shows a total of 632 ar rests, of which forty-four relsted to coun terfeits of currency, fifty-two to altering obligations, 334 to the counterfeiting of coin and the others In connection with various violations of the federal statutes. The nationality of the defendants repre sented most of the civilised countries, but native born offenders led with 392, Italy being second with forty-two and Austria third with thirteen. Counterfeit notes confiscated by the ser vice aggregated W6.834 against $44,350 the States on the same lines as the present previous year, while the coins seised ag- Chinese exclusion. The resolution was in gregated 124.110 against S1M19 for the pre- troduced by E. I. Wolfe of California. Mr. vlous twelve months. There were cap-1 Wolfe Is president pro tern, of the Call tured 165 V'ates of various descriptions for ' fornla Japanese Exclusion society. He ex the making of counterfeit notes and 454 1 plained that the resolution was directed dies and molds for coining. A very large I onlv nsa'nst " the Japanese and Corean proportion of ths counterfeit coins was coolie element, which he said Is as detrl captured In the hands of the makers be- mental as Chinese coolie Immigration. They tore being placed In circulation. But nine new counterfeit notes were msde and cir culated and of these only four were con sidered deceptive enough to bring them In the dangerous class. Arrangements hsve been made for the establishment of a branch of the service, at Honolulu, where Indications 'have pointed to the development of coining en terprises. Circus Employes In Bad Plight. Another dispatch was received at the State department today regarding the em ployes of the MacCaddon circus, stranded at Grenoble, France, which states that their food supply was stopped August 23 and that their plight Is very distressing. The cable says that unless Immediate steps are taken to provide the necessary funds to send these needy persons home serious consequences may result. Wlut Objects, to Marriages. The annual report of Brigadier General Theodore Wlnt, commanding the Depart ment of the Missouri, recommends that the army chaplains shall not be allowed to perform marriage ceremonies for sol diers, unless previous permission shall have been given by the commanding officer, the enlistment of married soldiers being dis couraged by the War depaitment. Hay's Will Probated. A petition by Mrs. Clara S. Hay. widow of the late Secretary John Hay, for the probate of Mr. Hay's will was filed today In the probate court. The petition states that Mr. Hay left property, real and per sonal, to the value of more than S25O,O0O. STATISTICAL REPORT Y. W. C. A. Total Membership Now Over One Hundred Thousand Addresses by Misses Howe and Hayes WILLIAMS BAY, Wis., Aug. 25. Today was association day at the National Young Women's Christian association conference at Lake Geneva. At the platform meeting Miss Emma Hayes, one of the ' national secretaries, spoke of the work .of the American committee, under whose auspices this conference Is held. There are now af filiated with this national body 650 student associations, with a membership of 39,831, of whom H.6S0 are enrolled In Bible classes; also 104 city associations, thirteen branch associations, two mill village associa tions and fourteen association circles In small towns. The total city membership Is 91.421, of whom S.904 are enrolled In Bible classes and 2,900 In educational classes. Meetings are held In 221 mills and factories and fifty-three associations have lunch rooms for young women. The Amer ican committee also conducts summer con ferences for Bible study and discussion of methods of . Christian work for young women In various sections of the L'nited States. The speaker of the evening was Mlas Annie 8. Howe, formerly director of Glory kindergarten In Kobe, Japan, who told of the progress of Christianity in Japan. FUR BUYER BEATEN TO DEATH Mysterious Murder at Lewtston, Moat, Robbery or Revenae May Be the Motive. LEWISTON, Mont., Aug. SB. Samuel Studslnskl, a fur buyer and pawnbroker, was found dead today In his place of busi ness, having been beaten to death .during the night. While robbery la belleyed to havs been the motive, there Is an element of mystery in the tragedy. On rhe dead man's breast ths murderer had placed a small card upon which wss written In blood "K. C. No. 17" and a similar card waa found on ths front of a small heating stovs In the same room. Btudslnski was (7 ears o!4 NEBRASKA WEATHER FORECAST Partly Cloudy Saturday! Showers In West Portion. Cooler In Northwest Portion nnd at Maht In F.aat Por tion, with showers. Sunday Fair. Temperature at Omaha Yesterday! Hour. Pes, Hour. Dea. II a. m l t p. m Til a. m an a p. m T T a. m MI S p. m Tn a. m Bfl 4 p. m Ml A a. m H K p. m Tn 10 i. n TO p. m T t a. ni T9 T p. m TT 12 m 74 p. m 7ft O p. ml TH NEW OFFICE F0R ROOSEVELT Chief Executive Accepts Honorary Presidency of the Pnhlle Schools Athletic League. OYSTER BAY. Aug. 25.-Presldent Roosevelt has accepted the office of honor ary president of the Public Schools Ath letlo league, the headquarters of which Is In New York City. In his letter to Gen eral George Wlngate, the president of the league, the president expresses his cordial approval of the objects of the league, which are the promotion of athletics along healthy lines among school children. President Roosevelt's letter accepting the tender of the honorary presidency la dated Oyster Bay, August 19. and ad dressed to G. N. Wlngate. In 11 the presi dent says: In answer to your letter I beg to say that It will give me pleasure to accept the office of honorary president of the Athletic League of Public Schools, of which you are president. I most h-artlly believe In your league and I feel that In promoting athletics among the school children of New York slung the sane and healthy lines It has followed It Is per forming a service which Is of the utmost Importance, not merelv from the stand' point of physical, but also from t lie stand point of ethical needs of these school chil dren. I see that you allow no boy to compete In your games who Is not up to the aver age In studies and deportment, and that you In every possible way seek to Impress uon them the fact that part of the char acter of every honorable athlete is to de spise all that Is mean and base. I am also particularly pleased tn know that you are to organize a woman's aux iliary branch, for the girls need exercise as much as do the boys. The demands such a movement makes upon the time and the money of those cnnaged therein are very heavy. You are doing one of the greatest and most patriotic services that can be done, and you are entitled to the heartiest backing In every way from all who appreciate the vital need of hav ing the rising generation of Americans sound In body, mind and soul. WOULD EXCLUDE JAPANESE Foresters of America Pass Resolution Ask Inn- for Law to Keep Oat Mikado's Subjects. BUFFALO. N. Y.. Aug. 25.-T!ie Foresters of America In biennial session here tonight passed a resolution unanimously favoring exclusion of Japanese from the l'nited have even gone Into th contracting busl ness In California, he said, and cited an instance where a Japanese contractor built a house for 14.600 where an American cpuld not do It for less than S6.500. The committee appointed to Investigate the charge that Joshua A. Shaw procured his election as supreme ranger at the Den ver convention eight years sgo by fraud, presented Its report, which completely ex onerated Mr. Shaw. Golden Rod court of Foresters No. 219 of Brooklyn, which made the charges, Is recommended for discipline by the com mittee. GRAIN RATE WAR SETTLED Golf Roads Make Concessions to Roads from Mlsaonrl River Points to Chicago. CHICAGO, Aug. 25. The long-standing war between the western roads and the Gulf lines over domestic and export grm -rates was finally settled today and formal announcement of the agreement will be made as soon as the vote of the Missouri, Kansas & Texas and Kansas City Southern roads Is received. I'nder the settlement, the lines operating to the Gulf of Mexico, ports made a slight concession to the roads from the Missouri river to Chicago and connections to alt eastern ports, and the latter give something to the gulf lines. The new tariffs will go Into effect Oc tober I. In addition to the rate concessions, the railroad representatives agreed that the ele vator charges for loading be waived and that the only charge to be made would be H cent per 100 pounds for grain originating at or west of the Missouri river. WOMAN JUMPS INTO RIVER Escapes from Niece and Ends from Bridge at St. Louis. Life ST. LOUIS, Aug. 25. Escaping from her niece who was taking her back to her home In Texas after an Illness, Mrs. Laura Oxford, aged 32, Jumped from a Burlington train that had stopped on the Eadea bridge today and was drowned In the river below. Her body has not been recovered. Nervous trouble Is considered responsible for the suicide. When the train stopped Mrs. Oxford rose on the pretense of getting a drink of water. At the end of the car she opened the door, and before she could be re strained climbed over the chain rail on the bridge and dropped out nf sight. NEBRASKA MAN' MAY DIE Walter McNalty of Loop City Struck by Engine In Wyoming. Is GREEN RIVER. Wyo.. Aug 23. (Speclai.) Walter McNulty, a cattleman of Loup City, Neb., who stopped here en route east with a train load of cattle, was struck by a switch engine In the yards here and thrown from the track, sustaining very severe injuries. He Is under the cars of the company physician and will be sent to his home In Nebraska, but It Is feared that his Internal injuries are such that he will die before he reaches there. He had purchased a bunch of cattle In Idaho and was taking them to Nebraska to feed. Movements of Ocean Vessels Aug. 2fi. At Plymouth Arrived : Moltke. from Ne York; Nordam, from NVv York At Hamburg Arrived: Helhgolav, from New York. At Dover Sailed: Blucher. for New York. At Queenstown Arrived: Cymric, from Boston; l'eirle. from New York. At Havre Arrived: La Bretagne. from New York. At Liverpool Sailed: Republic, for Bos- RIFT IN THE CLOUD Csar'i Answer to President's Last Proposal is Partly Responsive. RUMOR OF AGREEMENT IN PRINCIPLE St. Petersburg Bulletin Sajs Qnestion Hangs on Amount of Payment. CONFERENCE WILL MEET THIS AFTERNOON General Belief that Adjournment Will Be Taken Until Next Week. ENVOYS ON BOTH SIDES SEEM PESSIMISTIC President Boosevelt Is Still El ehnnglna Cablegrams with Rus sian and Japanese Sovereigns. BIL1.ETIN. PORTSMOUTH. Aug. bi.-The Assoclsted Press Is permitted to snnounce that Em peror Nicholas' answer to President Roose velt's latest appeal was partly responsive. Ait 1:30 a. m. a long cipher message ar rived from Oyster Bay for Assistant Sec retary Pelrce. BCLLKTt. ST. PETERSBURG, Aug. 26.-2:20 a. m According to Information coming from a member of the Imperial family, the As sociated Preps learns that a dispatch was sent to M. Wltte yesterday, which Is con sidered at Peterlmf as offering a decided hope of peace. The Slovo's Portsmouth correspondent, reporting the arrival of an "eagerly experted dispatch," quotes M. Witte as saying that his "endeavor to In fluence St. Petersburg was more success ful than he expected. The correspondent adds that there Is ground for hope, as an agreement In principle has been reached and the question now hinges on the amount of the sum. Pessimism at Portsmouth. PORTSMOr ril". N. It , Aug. 25. The peace conference tonight seems headed straight for the rocks. Despite the fact that every question of principle Involved In the quarrel between the two countries has been settled In favor of the victor and that apparently only "words and money" still separate them, the negotia tions seem on the verge of a final rupture. The air was filled tonight with gloomy forebodings, as superficially everything In dicated that tomorrow's session of the conference will prove the seance d adieu. In the most positive fashion It Is de clared that no new Instructions had reached M. Wltte up to this evening which would permit him to entertain the con sideration of the counter proposal sub mitted by Baron Komura on Wednesday and therefore, unless Japan- has a new proposal to make tomorrow, all that seema to remain Is for the envoys to meet, sign a declaration that the conference has com- . pleted Its labor", shake hands apd part. President Still sit Work. But there are still unknown factor in ths situation which in a twlnklWig might change the situation. The result of Presi dent Roosevelt's second appesl direct to Emperor Nicholas has not transpired and the result of the pressure on Japan to alter the form of Its proposal by the elimination of the purchase price of the northern half of Sakhalin is n-it known. But the indica tions on both scores are not reassuring. Press dispatches from Toklo and from Ft. Petersburg, read with the most Intense Interest here, Indicate an unchangable at titude on the part of both governments. Yet both are anxious for peace, It Is said. If Is probable that not more than 200,0no,. 000 stands in the way. Yet the Japanese cling doggedly to their demands. Their people at home Insist on It. The most com petent Japanese authority, who did not conceal his pessimism when asked tonight whether for the sake of peace Japan would yield further, replied: "Read the dispatches from Toklo and draw your own conclu sion." Nevertheless there Is warrant for the statement thnt the Japanese are not as Implacable as they appear and from a con versation had by the Associated Press to night the distinct Impression was gathered that they would scale their money de mand and use any "formula" which would be acceptable to Russia. It Is not believed the Japanese propose to let the conference end tomorrow, f Now Heats with Csar. On the Russian side all pretense of claim ing that M. Wltte Is any longer negotiating has been abandoned. He has gone to the furthermost limit of his Imperial master's orders. More he cannot do, sincerely as he personally may desire to bring the negotia tions to a successful conclusion. Shortly before midnight M. Wltte gav absolutely no encouragement to the Idea that there would be a change of heart at St. Petersburg. Unless Toklo was ready to recede further he expressed the opinion that all was over. He used the following words to the Associated Press: I have received no telegram from 8t Petersburg which changes the situation Indeed, I do not expect any. I have not asked Instructions, su that I cannot re ceive any. If tomorrow there Is to be a change it must come from the Japanese side. Japs Ask for Delay. This would seem to Indicate that the president's second effort had failed at St. Petersburg. What, If anything, he has been able to do at Toklo, through his In terview with Baron Kaneho this after noon, remains a mystery. That the last word has not come from Toklo and that Baron Komura may still appear In a Con ciliatory mood tomorrow may possibly be Inferred from the following fact: The time for the sitting of the on ferenre tomorrow was not set when ths adjournnx nt was taken on Wednesday. This evening M. Wltte. through his sec retary, notified the Japanese mission that he was ready to meet It In the morning at k&o. The Japanese after consulting, demurred, on the ground that the minutes of the last meeting would not be ready in time. Therefnrn, at their request, the meeting was set for t o'clock in the afternoon. Information received at a late hour In dicates that President Roosevelt's efforts are not exhausted and that he Is still In communication with Toklo and St. Peters burg. Tomorrow's meeting, consequently, is likely not to prove decisive. It wilt probably be perfunctory and some pre text will probably he found to adjourn over until Monday or Tuesday. At midnight no message had reached M. Wltte from the president and It was regarded as practically certain that an adjournment would be taken tomorrow until Monday. OYSTER BAYk Aug. JS Two emperors, the one at St. Petersburg and the other at Toklo, are ths determining factors in the pending peace negotiations. Although the negotiations temporarily axe suspended at-