Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 08, 1905, Image 1
The Omaha Daily Bee. For News Quality and Quantity The Bee Greatly Excels. Omaha's Preferred Advertising Medium Is The Bee. OMAHA, FRIDAY MORNING, SEPTEMBER 8, 1003-TEN TAGES. ESTABLISHED JUNE IP, 1871. SINGLE COPV THREE CENTS. f MARTIALLAWINTOKIO Imperial Ordinance Establishes Itate of Biege in Japanese Capital DISORDER RESUMED WEDNESDAY NIGHT Popular Uses Violent Means to Express Displeasure at Pasoe Terms. MARQUIS ITO IS STONED IN STREET fresideat of Japanese Privy Connoil is , Rooghly Bandied by Mob. THREATS ARE MADE AGAINST HARRIMAN American Railroad Man In Japan la Subjected to Indignity- at the Hands of the Islanders. BlXl.KTPVA. TOKIO, Sept. 76 p. m. Toklo has iieen quiet today. General Sakuma, commander of the Toklo garrison, tats Issued a procla mtlon, warning the populace against dis order. i p. m. It In reports that there Is rioting at Chlba, a town with a population of 20,ono, twenty miles east of Toklo. The prefeetoral building and the court house are reported to have been burned. The government has suspended the further publication of the Nlroku. a newspaper printed In Toklo. TOKIO. Sept. 9 p m. (Delayed In transmission.) An Imperial ordinance es tablishes martial law tn Toklo. Disorder was resumed tonight. TOKIO. Sept. S. (Delayed In Transmls Ion.) E. H. Harrlman, president of the Southern pacific railroad, has been threat ened and Marquis Ito, president of the Privy Council, has been stoned by mobs. Neither of them was Injured. The Harrlman party was returning from SV dinner given by Baron 8one. minister of finance. Dr. W. G. Lyle and J. C. lie Knight were caught In a crowd on their way to the dinner and ware atoned, . Dr. Lyle being struck by a missile and slightly burt. After the dinner was over a de tachment of soldiers escorted the party to the legation. A crowd stopped R. P. Bchwerln. vice president of the Pacific Mall Steamship company, and assaulted his run ners, but they did not touch Mr. Hchwerln. Crowds menacing a neighboring police kiosk filled the apace In front of the Amer ican legation and hooted and Jeered the soldiers escorting the Harrlman party, who with fixed bayonets charged the crowd, cleared the street and guarded the lega tion throughout the night. Tho dinner planned by the bank for to night In honor of. the Harrlman party will not take place owing to the disturbed con ditions In the city. A mob burned and destroyed ten Chris tian churches and one mission house school laet night (Wednesday). The people were not injured. Organises) PItht Against RntlllcHtlon. LONDON, 6ert. 8. The Toklo corre spondent of the Dally Telegraph attributes the disorders tn the Japanese capital to the arrest of five leaders of public opinion. He sns that lepresentatlvea from the v. hole of Japan met Wednesday night and tesolved to organize a national movement from HokkHldo to Formosa and to me morialize the throne and the government ngtilnst the ratification of the treaty of Portsmouth. The correspondent says that he anticipates the Issue of an imperial manifesto to the people. He describes the rioters as composed mrUnly of fanatics hired by agltuturs. He believes that the object of the mob Is to deprive the city of light and then to liberate the prisoners in the Jftlts. Entertains Russian Favors. NEW YORK. Sept. 7. -Colonel George O. Harvey entertained at dinner tonight at the Metropolitan club the Russian peace envoys. M. Witte and Baron de Rosen, the gasmbors of tljelr suites and a company of Met distinguished in the different walks Of life. The dinner company numbered more than eighty. M. Wltte spoke first, saying lie hud In- alated UDon belnir accorded that niivihire that he might have the honor to propose u . . . , . . . ... . toast "To the health of the illustrious statesman, Theodore Roosevelt." M. Wltte's last words were drowned with cheers. When these were ended he re sumed. stM'ukinar In French. 1 "At the same time It Is my great pleas- ure and I believe It my duty to propose a toast to the prosperity, to the great and j marvelous Americana, who are so admlr- j ably personified In the president. I drink to this glorious republic and Its presl- j dent. Mr. Roosevelt." J Speeches were made by Colonel Harvey, Baron Rosen and Secretary Elihu Root. Mar Threaten Treaty. WASHINGTON, Sept. 7.-Not having been officially advised as yet of the signature of the treaty of Portsmouth, none of the officials here are In a position to express officially any opinion upon the reported efforts of Baron Koinura to communicate with Secretary Root. If the conditions were normal In Japan, the explanation, of course, would be the desire of the Japanese plenipotentiaries to pay their respects for mally to the new secretary of state before they leave America for home, but taken tn connection with the turbulent events at Toklo, this move on the part of Baron Komura, upon being made known here, has given rise to a rumor that the confirmation of the treaty Is threatened. It is recalled that the credentials of the Japanese plenipo tentlaries when presented at Portsmouth were found to differ from those of the Rus sians In the fact that their powers were limited, and that to become effective their acta required the approval of the mikado. While the mikado's message to President Roosevelt would seem to Indicate that he had given such approval, it Is not officially known here that such was the case, hence the circulation of the rumor. Eirhsase of Courtesies. NEW YORK. Sept. 7-Baron Komura aid today that his coming interview with Mr. Ruoi, which he expected would occur In New York Friday or Saturday this week, would be purely a formal exchange of cour tesies and that their meeting had no other object. The baron denied emphatically the rumor that the emperor of Japan had not yet given his approval to (he peace treaty, or that the powers of the Japanese pleni potentiaries were so limited that there was at this late hour still a possibility that the emperor would fall to ratify the treaty. "The present disturbances In Toklo," tie said, "cannot in the slightest degree In fluence the emperor's determination to ratify the treaty when be receives an of ficial copy." Karon Komura reiterated his opinion that til disturbances la Toklo were directed) (Conilauea 00 Se&4 fago,' INSULT TO AMERICAN flag t'onsal1 at Amor, China, Compels Offi cials to ftedress Indignities Of fered lar-panaled Manner. A MOY. China. Aug. , via San Fran cisco, Sept. 7. (Correspondenec of the Associated Press ) The Chinese gunboat Nslng Hang appeared before the Ameri can consulate on the water front In Amny today with the American flag at Its maat and fired a salute of twenty-one guns T. mends for nn act of an Insulting nature nltted In connection with the flagpole r he consulate shout two weeks ago. whole aff.Tir grew out of the' antl rlcan boycott agitation, which ha ? In progress in Amoy for the past - h or so. There are a large number erchants In Amoy who have business ctlons in Manila; more, perhaps, than ly other port of China. Many of th hants have had difficulties In getting the Philippines' since the American mtlon, and as a result the feeling against Americans In Amoy Is very bit ter The boycott sgftatlon In the city took definite form a) out July 16. when the thirty six merchants composing the Amoy Cham ber of Commerce met and signed an agree ment to buy no more American goods un til the exclusion law was modified. That afternoon one of these same merchants bought n big stock of American kerosene and another a large stock of American flour to tide them over the storm. The boycott movement aroused much excite ment and on the night of July 18 some mis creant. Incited by the boycott movement, pulled down the halyard of the Amerlcin flngpole, scattered filth about the foot and posted an antl-Amerlcan placard upon the pole. The matter was taken up with the officials by Consul Oeorge E. Anderson on the morning of the 191 h. and has been threshed out between Amoy and the vice regal court at Foo Chow with some action from Peking In the meanwhile. The local officials, while originally willing to make amends for the outrage, were afraid to do so publicly, lest the agitators should go after them for bowing to the foreigners. A flag salute was Insisted upon by the consul, however, and the pressure he was able to bring upon the provincial officials carried the day and the salute was or dered. In the meanwhile the consul found that the leader of the boycott agitation In Amoy was a cltlsen of the Philippines. Interested In the Philippine trade, the sit uation thereupon showing either that this leader could be held amenable to Philippine law for his boycott agitation or else would forfeit his rights to engage In the coast ing trade as a Philippine citizen. Afir a conference with the consul this person, who was formerly Chinese consul at Manila and bears the Spanish name of Engraclo Palanca, decided that he wanted nothing more to do with the boycott and promised to urge other merchants to give up the movement. On the morning of Au gust 2 the merchants held a meeting and decided to have nothing more to do with the boycott. MAIL CONTINUES TO MOVE Strike of DrlTers In Hew TorU City Does Not Interfere with I'nola Sam's Traffic. NEW TORK, Sept. 7. -There has been practically no delay today in the collection and distribution of mall In the business districts of New Tork affected by the strike of 300 drivers In the employ of the New York Mall company. Postmaster W. It. Wlllcox issued a statement to this effect tonight and Said further that the strike was one which did not concern the postal officials so long as the contractors con- 1 tinned to handle the malls regularly and without delay. A message from Washington offering as sistance to the New York Mall company If It should be needed came early today, but even preceding this offer there were 40 applicants at the stables here seeking the positions left vacant by the striking drivers. Some of these men, however, were Induced by the strikers to withdraw their applications, while others who did go to work proved tn be strangers In New York City and got lost with their wagons while attempting- to drive over the regular routes. Assistant Postmaster Edward W. Mor gan was able to make the following state ment today: The teamsters' strike In no wav Inter fered with the mold handling of first-class muit mutter. I he outgoing maun were sent off on time and all mail matter from i the Incoming early trains on the trunk ! l"V" '.''J" ,",,rini w?V,bKi,iU"h-t-0 ..'he : general post office in automobiles and other 1 vehicles. The morning collections were made .-in usual. MAN GRASPS LIVE WIRE He la Comparatively tnlnjnred hat - Fellow Workman Who Comes to His Aid Is Killed. ALGONAC. Mich.. Sept. 7.-Whlle trying to save the life of one of his employes who had grasped a "live wire" Manager Alex ander H. Howie of the Howie Roofing com pany of Detroit was himself killed today In a manner that seems Inexplicable. Howie was superintending the laying of a roof on the new building of the Algonac railway, when one of his men, losing his balance near the edge of the roof, took hold of an overhead high tension wire, leading from the power house nearby. The man's body stiffened out. his face turned black, his hands still clinging to the wire. Manager Howie was horrified and attempted to pull the man away. No sooner had he seized the man than he was stricken by the powerful current, falling backward upon the roof and dying In a few minutes. An alarm was given, the current turned off and I.rbeau, the man holding the wire, was t saved. I .e beau himself was uninjured and left Immediately for Detroit to notify the dead man's relatives and friends. NEGRO BURNED AT THE STAKE Black Scoundrel Mho Assaults White Woman Dies In the Flames. FORT WORTH. Tex., Sept. 7. A special to the Record from Waxahschle tells of the burning tonight of Steve Davis, a yougn negro who confessed to assaulting Mrs. 8. P. Norrls, aged V0, last Saturday night. A mob consisting of S.&M) persons tied the negro to a piece of gas pipe that had been set In the ground, piled fagots around him and set the mass on lire. The sufferings of the negro were of short duration owing to the fierceness of the fire, which was fanned by a gale of wind which blew across the prairie. The husband of the woman la said to have set the match to the tinder and started the blase that consumed the negro. Davis was arrested last Tuesday and taken before the woman, who. failed te Identify him. Today she Identified him, and his fate was sealed. The negro finally confessed, detailing the crime. - This Is the third negro that has been burned in iMa aoctloa of Texas la a abort lime LIFE INSURANCE AFFAIRS New York Commission Investigating the Equitable and Mutual. LATTER CONTROLS TRUST COMPANIES It Carries I.are Deposits with These Creature Corporations Officers Sell Bonds to Companies at Profit. NEW YORK, B-pt. T.-The affairs of the Equitable Life Assurance society and the Mutual Life Insurance company held the attention of the life Insurance Investigat ing commission In the session In this city today. Nothing particularly new was de veloped In regard to the Equitable, except the statement drawn from one of the officials that the society does not know the present whereabouts of Thomas D. Jordan, the former comptroller. It was stated that Mr. Jordan was wanted as witness to a loan of JfiSS.OOO, made to the Equitable society by the Mercantile Trust company. It was stated that James H. Hyde, first vice president of the Equitable, will later be called as a witness. Nnlnal Owns Trust Companies. The Inquiry into the Mutual Life Insur ance comapny was begun. The testimony drawn from an officer of this company showed that the Mutual controls many trust companies, among them the Morton Trust company, the Guarantee Trust company and the United States Mortgage and Trust company. On deposit with these companies the Insurance company keeps hundreds of thousands of dollars, against which it does not draw. It was explained that thai prosperity of the rust companies meant the prosperity of the Insurance company. The insurance deposits draw 2 per cent Interest and the trust companies pay as high as 20 per cent dividends on the par value of the stock or 5 per cent on the market value Officers Make Profit on Bonds. Frederick Cromwell, treasurer of the Mutual Life, said the company had bought securtles from syndicates; that officers of the company also bought securities from the syndicate and' received Individual profits by selling these bonds to the com pany. He did not see that there was any Impropriety In the officers going Into syn dicates when the company had gone In first. Mr. Cromwell was still on the stand when the committee adjourned until to morrow. NEW STATE OF SEQUOYAH Indian Convention Declares that People Will Not Be Satisfied with Statehood with Oklahoma. MUSKOGEE, I. T., Sept. 7-The consti tutional convention tonight adopted a res olution declaring . that whether congress accepts the constitution of Sequoyah or not, In no case will the people of this country be satisfied with statehood with Okla homa. The convention selected Fort Gibson as capital of the proposed state and . ap pointed a committee to take the constitu tion and appeal for statehood to congress and the president. The convention today adopted the greater part of the constitu tion reported by the committee. Article 4, on suffrage and election, pro vides that the first general assembly shall provide for submission to the people of a provision for woman suffrage. The labor of children under 12 years and the farming out of convicts Is prohibited. A state corporation commission of three Is pro vided for, appointed by the governor, em powered to Issue charters and regulate transportation companies and fix rates, subject to appeal to the supreme court. The fellow servant doctrine as affecting transportation companies Is abolished. The convention chose four members of congress, whose election will be ratified at an election on November 7. The nomi nees are: John R. Thomas. Muskogee, re publican: C. L. Long, Wewoka. republican; D. C. McCurtaln, Klnta, democrat; Joseph La Hay, Claremore, democrat. McCurtaln Is a son of ttie chief of the Choctaw nation and I .a Hay Is a Cherokee. TRAINS MEET ON A CURVE Two Are Dead and Fifty Injured In Wreck on Peniia)Tvnniat Railroad. NEWCASTLE. Pa.. Sept. 7-Recklessness was responsible for the wreck on the West ern New York & Pennsylvania line, seven miles north of this city this morning, ac cording to the statement of Samuel Cox. fireman of the wrecked excursion train, to Coroner J. R. Cox. Fireman Cox Is re ported to have said that he understood the orders to be for the excursion train to stop at Graham's Siding to allow south bound regular passenger train No. 234, from Oil City, to pass. There was an Interval of three minutes before It was due at Wilmington Junction, two miles north of Graham's Siding, and Engineer Popham pulled out, thinking he could pass the regu lar train at that point. His failure to reach Wilmington Junction cost the lives of the engineer and fireman of No. 234 and may cause his own death. It also caused the fatal Injury of one of his passengers and severe Injury of nearly fifty others. Both engines were reduced to scraplron and turned at right angles to the track. Nearly all the Injured were on the excursion train. The excursion train consisted of ten coaches and carried 300 people from New castle. Southbound passenger train No. 234. It la said, had the right-of-way and when a mile and a half south of New Wilmington Junc tion met the excursion train, which was running rapidly In an effort to make the nearest siding. When the relief train ar rived here the victims suffering from minor Injuries were sent to their homes and the more seriously hurt were taken to the hospitals. GRAFT CHARGE AT ST. JOE Insane Hospital Trustees Accused of Diverting Money Paid by County for Care of Patleata. ST. JOSEPH, Mo., Sept. 7.-Abraham Davis, a local democratic politician, filed an Injunction suit In the circuit court today, In which he charges that Dr. C. R. Woodson, superintendent, and the Board of Managers of the State Hospital for the Insane No. J are diverting Money said by the county for the keep of indigent Insane to the building fund, which Is supposed to be kept up by the stats, and asks that' they be restrained from using county money for state pur poses. It Is estimated that the loss to the taxpayers of the county Is S0.O0 annually. It Is also alleged that a profit Is charged on clothing furnished the patients, part of which Is manufactured by them. Dr. Woodson says he courts the fullest Inves tigation and that be caa -dlsprova every 1 cbarg mad HOMESTAKE BIDS FOR TIMBER Makes an Offer for Urse Amount In Black Hills Forest Re. serve. (From a Staff Correspondent.) WASHINGTON, Sept. 7-(Special Tele gram.) An application for the sale of a large amount of bull plnp In the Plack Hills forest reserve In South Dakota has been made to the forest service by the Home stake Mining company of Deadwood. This company desires to purchase and has bid for llow.COO feet, board measure, of green timber. 1.2H0 cord of green wood. 3.001,00 feet, board measure, of timber killed or being Infested by Insects, S.non cords of wood similarly affected and 6.0o0 cords of dry wood. The application will. If granted, result in one of the largest wood and tim ber sales so far effected under the present regulations. The timber consists In large part of mature trees, whose removal It Is thought will be considered wise for the sake of encouragtrs the full development of the younger stand and to chck the dep redations of the pine bark beetle In the northwestern Black Hills. Charles A. Scott of the forest service, now at the Garden City forest reserve In Kansae making an examination of the nur sery site to be used, for reforestation pur poses, has gone to the Black Hills reserve to collect bull pine seed and after some three or four weeks will return to Garden City. Rural carriers appointed: Nebraska Clearwater, route J. Edmund E. Klmes car rier, Servern 8. Klmes substitute; Syracuse, route 3, Homer Harlan carrier, Claude Hur lan substitute. Iowa St. Charles, route 4, I. II. Headrlck carrier, L. C. Gates substi tute. South Dakota Geddes, route 3, An tone Hagedorn carrt r, Chris K. Krletlow substitute. Nebraska postmasters appointed: May wood, Frontier county, A. C. Barry, vice C. M. Bparhawk, resigned; Sholes, Wayne county, E. W. Clossom, vice II. W. Pain ter, resigned. 1 NEW ORLEANS PARTY INJURED Colonel Cooke and Wife In Auto mobile Strnclc t- Sfif York Ambulance. NEW YORK, Sept. 7. Colonel A. N. Cooke and his wife, who were Injured last night by a collision between their auto mobile and an automobile anrhulance In Brooklyn, were so far Improved that they left the hospital a few hours after the acci dent and proceeded to their hotel In Man hattan. Mrs. Thelma Blake, wife of a broker, who accompanied the Cookes on their unfortunate trip. Is, however, in a serious condition. She was treated on the scene of the accident by a doctor who hap pened to be passing. He hurriedly carried her to a hospital, where a large fracture of the skull and other severe wounds were found. Mrs. Blake Is still unconscious,, and her recovery Is considered doubtful.' A strange feature of the accident was the escape, uninjured, of a boy. 111 from diph theria, who was In the ambulance. The hospital surgeons on the latter were so dazed that they did not coma to their senses for some minutes. It is stated that the ambulance was run nlng at least thirty miles an hour when It struck Colonel Cooke's car, which was mov ing slowly. Both cars were knocked from their wheels and the chauffeurs pinned fast by the steering wheels. Mra. Blake was thrown some distance and struck head foremost on the stone pavement. As usual In such accidents, a big crowd quickly gath ered. When It was learned that the lad In the ambulance had a contagious disease, Interest In the wreck experienced a big slump and the slght-seers took to their heels. Colonel Cooke is commodore of the South ern Yacht club, New Orleans, and one of the wealthiest men of the southern capital I When the yellow fever became serious he and his wife left New Orleans In their steam yacht, coming to New York. They have spent the summer cruising in nearby waters. CONDEMNED BUILDING FALLS Two Persons Are Killed by Collapse of New York Structure and Inspector Is Arrested. NEW YORK, Sept. 7. Two persons were killed, one of them a girl 16 years old, when a building at Grand and Mott streets collapsed today. The building is said to have been condemned two years ago, but had been permitted to be occupied since Thomas MeGovern. a foreman In the build. Ing department. Is under arrest In con nection with the collapse on a charge of criminal negligence. The dead: MARIA GARIOSO. Pi years old. JOSEPH FARINIA, 4 years old. Nearly a score of persons were Injured, sonic suffering from broken limbs. The Garloso girl was passing the build I ' wlien ,he collapse came and she was almost Instantly killed. Farlnla had re turned to the building to get some of his belongings and was caught by the falling walls TYPOTHETAE WILL STAND PAT Resolution Declaring for Open Shops and Against Proposed Eight-Hour Day I'nantmously Adopted. NIAGARA FALLS, N. Y., Sept. 7 The United Typothetae of America today unan lmously adopted a resolution by which Its members pledge themselves singly an collectively to 'esist any movement on the part of the International Typographical union to bring about an eight-hour day, The resolution as adopted maintains the right of each member to keep open shop. The use of the union label was counseled against and members were urged to refuse to use It. The Typothetae closed Its convention by the election of officers. G. H. Ellis of Boston was chosen president. The executive committee Includes among Its members E. B. Woodward. St. Louis Franklin Hudson. Kansas City; F. Kile, Dallas. Tex., and Samuel Rees, Omaha. MA Kit rmUt Ur UUIIUM Southern Association Agrees to Hold This Year's Crop for Eleven. Cent Minimum. ASHEVILLE. N. C, Sept. 7.-The South ern Cotton association, in convention to night, established a minimum price of II cents for the Incoming cotton crop. This action was reached after four hours' strug gle In the minimum price committee's room this afternoon and at a Joint secret confer ence of that committee and the general committee tonight. After the announcement of ths estimate of the crop yield of 1M and IV the fight narrowed down to two factlens-one hold ing out for !OH cents, the other for 11 cents, naming the fact that aa outside element clamored for U cent FIGURES FROM PENSION ROLL List Beached Maximum Last Janaarj at a Little Orer a Million. ALLOWANCES UNDER THE AGE ORDER Xumher to Jnne 30 erlr Seventy Thonsand Total Payments for Tensions Orer Three Billions. WASHINGTON, Sept. '.-The pension roll reached the maximum number In Its history n January 21 last, the number being .OM.lfe. The roll passed the million msrk In September of last year and gradually Increased for the next four months. The ecllne began with the first of last Febru- ry and by the following May had dropped below the million mark. These farts are developed In a synopsis f the annual report of Tension Commis sioner Warner covering the operations of his office for the fiscal year ended June 80 last. At the end of the year the number of pensioners had declined to MM4L a net ncrease for the year of 3.43S. The report shows the following additional facts: During the year the bureau Issued 185,242 pension certificates, of which number over 50.000 were originals. The annual value of he pension roll on June 30, lf.05, was 1138,- 45.2nfi. By the term "annual value" Is meant the amount of money required to pay he pensioners then on the roll for one year. During the year 43,833 pensioners were dropped from the roll by reason of death and of these 30,254 were survivors of the civil war. On June 30, 1908, the roll contained the names of 8X4,608 survivors of. the civil war. a decrease of over 6,000 from the previous year. The total amount disbursed for pensions for the fiscal year Is tl41.6S2.841, of which $4,137,167 was for navy pensions and :!.4o9, P9S was paid to pensioners of the Spanish war and tl33.022.170 to the survivors of the civil war, their widows and dependents. The total amount paid to Spanish war pen sioners since 1S99 Is tll.99fi.19S. The total amount of money paid for pen sions since the foundation of the govern ment Is I3.32O.86O.022 and of this amount 13.144.395.406 has been paid on account of the civil war. The total number of claims al lowed, original and Increase, under order ! No. 78, known as the "age order," since that order went Into effect April IS, 1904, up to June 30, 1905, was 65,612, Findings of Venesnela Court. The State department was today placed In possession of the full text of the recent decision of the Venexuelan court of last instance confirming the Judgment of the same court sitting as a tribunal of the first instance In the case of the Venesuelan government against the New York and Bermudei Asphalt Company for the non fulfillment of contract obligations by the asphalt company. The decision was trans mitted through the Venesuelan legation here and laid before Acting Secretary of Bute Loom la by Senor N. Goltlcoa, Venes uelan charge d'affaires. The effect of the decision to rescind the company's contract and condemn It to pay the- cost of the suits was cabled on the date it was rendered. August 7 last. The document presented today gives besides the decision a brief history of the litigation and the evidence and argument of either side to the controversy. When the suit was Instituted a receiver was placed In charge of the property, and it Is under stood this arrangement continues. The case is distinct from a second suit brought by the government against the company seeking damages on the charge that the company instigated a revolutionary move ment. The contract which the decision rescinds was executed in 1883 and the clause which was the cause of the suit required the dredging of the navigable streams of Ber- mudex by the company. The fact that the dredging was not done, the court finds ... to have been established, notwithstanding the showing to the contrary sought to be made by the defendant company. The com pany in Its argument sets up the claim that Its title to the property was not based on the contract In question. It alleges that the terms of this contract were fulfilled, however, and If they had not been the com pany was not limited by the terms of the contract to any period of time In which Its terms might be compiled with. Finally, the company argued that the stipulation to dredge the rivers never legally existed and If It did was covered by an alternative proposition which was to construct a rail road and that the alternative proposition had been met. This argument is answered by the court In this language: The nonfulfillment of the contract on the part of the cumpany la proved In thesa proceedings Refrigerator Line Replies. WASHINGTON. Sept. 7-The reply of the Santa Fe Refrigerator dispatch to fhe Inquiry Instituted by the Interstate Commerce commission concerning the relations of refrigerator lines and rail roads was received today. The respondent agrees with the defense made by the Atch ison, Topeka & Santa Fe railroad In that both are engaged in distinct commercial lines of business and that the one re ceives no part of the charges made by the other. The refrigerator line says that It does not act as the agent of the rail road In any manner; that the law has been Infringed Is denied In details. ROW AMONG LETTER CARRIERS Charges of Dishonesty Against On. cera Cause a Turbulent Scene la National Convention. PORTLAND. Ore Sep,. T.-Charge. of uiviiuuriijr ag'!"- cue utilizers ox tne asso ciation precipitated a fight In the conven tion of the National Letter Carriers' asso elation today. Delegate John Hemerwaddle stated that he had resigned from the execu tive committee for this reason and made charges that papers of an Incriminating na ture had been stolen from his grip between Vancouver, B. C. and Portland while he was en route to this city to attend the con vention. President Keller replied that the of ,-. aoclatlo w. unf'ourt; d rrarefu! and that hi. .1n.lnl.lr..ln. l,. b,.n honest Pre.M.nt w.n.r ..... because of the charges he would withdraw his name as a candidate for the presi dency. The debate was participated In by dele gates In all parts of the hall. There were several on the floor during the entire dis cussion, seeking to be recognised. Matters had hardly tjuleted down when another uprosr was' created by the ques tion as to what the executive board meant by not reporting the fact that Hemer waddle had resigned and the accusation was made that the members of the hoard were attempting to conceal something. The discussion wss broken by a recess. The convention, by practically unanimous vote, today refused to consider affiliation Ufa the American Federation, of Labor, NEBRASKA WEATHER FORECAST Fair Friday and Sntnrday. Temperature at timaha Yesterday! Hour. Dea. Hour. Hear. It n. m At 1 p. m TO A a. m m , a p. m T9 T a. m ...... At a p. in t A a. m fll 4 p. m T:t t a. m ill ft p. m TS l a. m tia (I p. m T.I 1 u. ni nn T p. m Tt 1? ra OA 8 p. tn Aft 9 p. m AM YOUNG VETERANS' REUNION Spanish War Soldiers' Association Hears Reports of Officers and Consrratnlatea President. MILWAUKEE. Sept. 7 The second an nual reunion of the I'nlted States Spanish War Veterans opened Its sessions at Light Horse Squadron armory today with about 1M delegates present and seventy-five dele gates to the ladles' auxiliary of the union. The convention today was opened by Commander-in-Chief English. City Attor ney Carl Runge, In the absence of Mayor Rose, welcomed the gathering. Greetings were sent to the Grand Army of the Re public reunion at Denver and to President Roosevelt, who Is an active member of the organisation. Commander-in-Chief English then delivered his annual address. In which he congratulated the organisation on Its progress. Former Qunrtermnster General Russell B. Harrison submitted a report of the work and finances of the organisation for the year ended August 30. A vote of thanks was given the quartermaster gen eral and Commander-in-Chief English. Many resolutions on Important questions were submitted and referred to commit tees, among them being those In favor of the re-establtahment of army canteens; providing for change In uniform and badge; to secure markers for soldiers' graves; for affiliation with other military organizations and to secure the preferment of veterans for federal positions. A resolution was adopted with enthusiasm congratulating President Roosevelt on "un paralleled service for the world's peace which he has Just rendered, and making him to this generation first In peace as well as first In war." Tomorrow the election of officers will take place. The contest for the next meeting place Is between Washington and San Francisco. OFFICER SHOT BY CRAZY MAN Father of Miss Grace Porter, an Omaha School Teacher, Victim of Insane Man's Act. M'CONNELLSVILLE, O., Sept. 7.-(Spe-clal Telegram.) Horace H. Porter, city marshal, was shot and killed this morn ing by Wood Stuard, who has been slightly demented for several years, but consid ered harmless. Mr. Porter was approached from the back and shot without warning. No cause Is assigned for the deed, other than the mental derangement of Suard. He surrendered and was placed In jail without resistance. Marshal Porter was a popular man and a fearless officer. He la survived by his wife, Mrs. Minnie Leland Porter, and four children, Mra. W. H. Gillesnia of Zanesvllle: Miss Grace, teacher In the Omaha public schools; Homer of Omaha and Miss Francis of McConnells ville; his mother, Mrs. Frank Porter of McConnellsvllle, three brothers and a sis ter, Fannie F. Porter of Omaha, George Porter of Grand Island, Neb.; Albert Por ter of Zanesvllle, Charles Porter and Mrs. Charles S. Gibson of McConnellsvllle. No arrangements have been made for the fu neral. Two brothers of the murdered man re side In Nebraska, Francis F. Porter, who Is president of the Porter-Ryerson-Hoobler company, and George R. Porter of Grand Island. A daughter of the dead man, Grace Porter, has lived here with her uncle, Fran cis, for many years, and Is now a teacher 1 at tne r ranaun scnooi. urace t-orier nas onIy )xlnt tnrnfi from a vlslt to her at the Franklin school. Grace Porter has father and mother, and was accompanied to Omaha by her brother, Homer, who Is now employed at the I'nion Pacific head quarters. A brief telegram was received by the family yesterday afternoon, Just giving the fact of the death, with none of the details. Both brothers, with Mrs. F. F Porter, left on an evening train for tlie Ohio town. RULING HITS SALOONS HARD Strict F.nforcement Would Make Many Minnesota titles Perma. nently Dry. ST. PAl'L, Minn., Sept. 7 Word has been received here from Cass Lake, Minn, that Indian Agent Scott at Walker has re celved Instructions from the Interior de I partment to proceed with the enforcement ' of the law forbidding liquor In the o- ! called "Indian country" and I'nlted States District Attorney C. C. Houpte states that a strict enforcement of the law would re suit In the confiscation of every saloon or liquor store In all of Minnesota north of Fort Snelling. This would Include the cities of Minneapolis, Duluth. St. Cloud. Moorhead, Crookston and hundreds of smaller places. The district attorney says that If the law fs enforced the "lid" will be shut down so tight In northern Minnesota that only an act of congress can raise It. The alleged order of the Interior depart ment Is based upon a decision of United States Judges Lnchran and Morris, who In recent cases decided that It was unlawful to maintain a saloon upon allotted Indian lands, even after the fee had passed to a while person. DISPENSERS DEMAND RAKEOFF Sensational Evidence lu Investigation of South Carolina Liquor Business. St'MTER, 8. C. Sept T. Sensations were the rule today at the dispensary investiga tion hearing. Blanking, the beer dis penser here, told the committee that he i h.4 i un r.nnuni.iiv. of certmn Kentucky brewer tha, he would like to ornrr P"" wrr in rt.ua "", ou. representative told him that he could not aell beer In this state, ss the Board of Di rectors wanted too much 'rake off." He said that they demanded about fl a barrel or 75 a carload. E. Smith, former dispenser at Maysvllle, testified that the representative of a cer tain brand of beer. In 1900. told him ihit the dispensers should push that brand, ss Us people would put up ti.ooo to suppo.'t L. J. Williams, should he run for gov. ernor. The board adjourned the present sitting toni;ht. Movements of Ocean Vessels Sept. T At New Tork Arrived: Patricia, from Hamburg. At oueenstown Failed: Baltic, for New YorVr. At BrlabsuS) Billed; JUlowera, tor Van couver ....... BADGE FOR BROSS Put Department Commander of Vebraska Honored by His Comrades in Denier. BUSINESS SESSION OF ENCAMPMENT Commander-in-Chief Zing; in Hit Addresi Payors Service Pensions. POLITICS IN THE RELIEF CORPS Aniliary to Grand Amy of ths Repnblio Presents Interesting Situation. NEBRASKA WOMAN IS IN THE CONTEST Mrs. Abhle Adama of Superior 1 Race for Office of President with Four Other Aspirants. DENVER, Colo., Sept. 7-(8pe,lJ Tele gram.) An Interesting feature of the visit of the Nebraska department to the na tional encampment at the Albany hotel last night was the presentation to Past Department Commander Harmon Bross of Lincoln of a past department command er's badge. The presentation sddress was delivered by C. K. Adama of Superior. The badge is of gold and Is studded with seven diamonds. The emblem bears a cross and a sword. The cross denotes that Mr. Bross was de. partment commander of Nebraska for three years and the sword signifies that he was a commissioned officer In the union army. Business Session of Kncampment. The first meeting of the executive body of the thirty-ninth annual na tional encampment of the Grand Army of the Republic began today at the Broadway theater. With the exception of a few minutes, during which city and state officials welcomed the old soldiers to the city formally and responding speeches were made by Commander-in-Chief John R. King and others, the sessions today were secret. It did not take long for the encampment delegates to get down to business. After accepting the roll, which had been prepared and printed In advance, formal presentation of a diamond badge to Commander-in-Chief King, Indicative of his past commandership, was made. At the same time It was an nounced that the aides to former Commander-in-Chief Wllmon W. Blackmar, who died before the expiration of his term of office, would present a loving cup to the widow of General Blackmar. . Commanders' Address. General King then delivered his address. When he came to that part referring to the Daughters of Veterans' association, the memory of the loss of his daughters re cently, all members xt the above associa tion, overcame htm and he aat down with tears streaming down his cheeks. The par agraph was read by Past Commander-in- Chief Wagner. General King said: From the very beginning of his term Commander-in-Chief Blackmar's purpose was to do ail that man could do to en courage the several departments, particu larly those that were weakest or most re mote, and, so far as lay In his power, in fuse new life and energy and seal Into their ranks, and give to thorn added In spiration to continue bravely and manfully In the great work they were carrying on for God and country and humanity. The work of the committee on pensions has been mainly devoted to urging the pas sage of a service pension bill. The num ber of certificates Issuer In 1W5 was 182, 207, more than 30.000 In excess of the year before, and still more In excess of former years. The large number was due to the operation of Order No. 78. the bureau granting 12. IM original pensions and S4.&4H increased pensions under the order. Since the order was Issued April 13, lWt, the total number of allowances under It was 65.61:', most of them, however, having been for Increase. The pension roll now con tains the names of ext. survivors of the civil wsr, at hgalnst ti).7it': at the close of 1U4. The deaths In 1906 of survivors of the civil war were 30,324. Vigilance must not be relaxed to prevent action by congress depriving our office holding comrades of their well earned meins of livelihood. Some Things Desired. The observance of the exercises of Memorial day baa become so widespread that at the present time- scarcely a city, town or vllluge can be found In this great republic that does not In some manner pay tribute to the nation's honored dead. If properly requested so to do by the en campment, there was little doubt thst the War department would be willing to In clude In its estimates for the next fiscal year an appropriation sufficient lor the erection of an amphitheater In Arlington, cemeierv; and also an appropriation to put Lincoln's Gettysburg address on tablets In all national cemeteries. Wit 11 an active committee at work to this end, it is safe to assume that the govern ment will soon estubllBh an additional sol diers' home In California. The Woman's Relief corps still maintains Its position as the right himd of the Grand Army of the Republic. Very few enter prises are undertaken by posts that these patriotic women are not called upon for assistance, and rlht royally they give it. Radges, as ordered by the last national encampment, have lieen sent to all army nurses whose addresses were furnished; but one thing more needs to be done for these noble women. They have been en deavoring for some time to secure an in crease of pension, if the encampment could contribute to the success of the measure it would be going a long way towaro paying the debt of gratitude that comrades owa to the armv nurses. The Sons of Veterans Is Incresslng In numbers and Influence and Is unquestiona bly destined to play sn Important part In the future history of the land their fathers saved. The daughters of veterans by combining their Influence In such an organization as the National Alliance Daughters of Veter ans can accomplish much in the way of Inculcating in the minds of children a love for the country and a loyal devotion to the Pag as the emblem of national unity and the rights if man. Senior Vice Commander's Report. The report of John R. King, as senior vice oommander-ln-chlef, contained the fol lowing. The tlni" Is passing when we can hope for a maten1' 'ncrease In our membership, yet there ar iMtiy, very many survivors of the unto:, armies of the civil war who still holi aloof end fall to avail themselves of their eligibility to Join the Grand Army of the Republic. In view of the great benefit the Influence., of our order has be.n to them In the wuy of Influencing legislation along the line of pension enactment It Is surprisingly as tonishing whv there are so many who are willing to reap the lienetil of our organised efforts, and yet remain outside of our ranks. leaving to a relatively rew tne Durnen or i flchtlng for the rlahts of the old soldiers ftepori oi junior net umii.niiir. The report of (. W. Patten, Junior vice commander-in-chief, referred to the enthusiastically cordial greeting extended tn him In the south during his visit to the posts there. ' Veterans are employed i In the parks st Vlcksburg and Shlloh. but at Chattanooga, tlettyshurg and An tletam the positions occupied by the veter ans were taken from under the civil serv ice rules, after which the veterans were discharged one after another, until all were gone that any excuse could be found for suspending. A I'nlted States deputy marshal occasionally rides over the fields and the memorial and other property Is left at the mercy of vandals and thieves who visit the fields for plunder. Adjutant General J. E. Oilman stated In his report that the membership June f, I'M, was 2S:.. The deaths during the year were SUit The petlaae for ta