Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 08, 1905, Image 1

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    The Omaha Daily
For News Quality and Quantity
The Bee Greatly Excels.
Omaha's Preferred Advertising
Medium Is The Bee.
Imperial Ordinance Establishes Itate of
Biege in Japanese Capital
Popular Uses Violent Means to Express
Displeasure at Pasoe Terms.
fresideat of Japanese Privy Connoil is
, Rooghly Bandied by Mob.
American Railroad Man In Japan la
Subjected to Indignity- at
the Hands of the
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,'
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.
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
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.
He la Comparatively tnlnjnred
- 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.
Black Scoundrel Mho Assaults White
Woman Dies In the
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
New York Commission Investigating the
Equitable and Mutual.
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
Mr. Cromwell was still on the stand
when the committee adjourned until to
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.
Two Are Dead and Fifty Injured In
Wreck on Peniia)Tvnniat
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
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
Makes an Offer for Urse Amount In
Black Hills Forest Re.
(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
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
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
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
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
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
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,
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
List Beached Maximum Last Janaarj at a
Little Orer a Million.
Xumher to Jnne 30 erlr Seventy
Thonsand Total Payments for
Tensions Orer Three
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
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
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
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.
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. 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,
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
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
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
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.
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.
Sensational Evidence lu Investigation
of South Carolina Liquor
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 "", 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 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
At oueenstown Failed: Baltic, for New
At BrlabsuS) Billed; JUlowera, tor Van
couver .......
Put Department Commander of Vebraska
Honored by His Comrades in Denier.
Commander-in-Chief Zing; in Hit Addresi
Payors Service Pensions.
Aniliary to Grand Amy of ths Repnblio
Presents Interesting Situation.
Mrs. Abhle Adama of Superior 1
Race for Office of President
with Four Other
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
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
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
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