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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 13, 1905)
The Omaha Daily Bee. OAKS CROW FROM ACORNS BEE ADS BUILD BUSINESS BIG BUSINESS OR LITTLE BEE ADS WILL BOOST IT. ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MORNING, SEPTEMBER 13, 1 Wo TEN PAGES. SINGLE COPY THREE CENTS. MORE HIGH FINANCE Sensational Diioloiuwt ia iBiuranet Iitm tigation at Sew York. NEW YORK LIFE MANIPULATES SECURITIES BodcU Sold and Bought Back Two Days Later to Make Beport Ooea. STATEMENT .OF TREASURER RANDOLPH facte Finally Admitted After an Boar'i Croi-Examination. RELATIONS' WITH TRUST COMPANY insurance Company Rrlnari to Make '.nana on Collateral, bnt Makes Practice of Loaning to a Trout . Company for Thla Purpose. NEW YORK, Sept. 11 Selling IflO.ciOO In ionds one day and buying them back the next, except one, a holiday Intervening In jrder to keep within statements made In he Now York Life Insurance company- eport to the superintendent of Insurance, vas the eensmlonal disclosure made today it the session of the legislative Insurance nvestlgatlng committee. The fact was Irawn from Edmund D. Randolph, treasur r of the New York Life Insurance com pany, Into In the day after Attorney Charles ?. Hughes, of counsel to the committee, nd labored for more than an hour to get . direct answer from Mr. Randolph to the .licet Question. The Inquiry had dragged through a mass f figures during almost the entire day, itit it waa not until the hour for ending he session that the sensational feature vas brought nut. Earlier In the day. Mr. Randolph had landed Mr. Hughes a schedule of syndt ate underwriting and transactions of the "lew York Life for the last ten years. This itatement was to show a footnote to the icheduln so etated, that the company had articlpated in no syndicate transactions .hat had been closed out with a loss. mong these syndicate transactions was he underwriting of the navigation syndi tate, or International Mercantile Marino. Mr. Hughes nYew from the witness that here was an aggregate of $4,000,000 pnid y the New York Life to J. P. Morgan A o., on this "Joint account." Mr. Hughes i hen took up a sales Item dated Iecember 1, 1903, of IHO0.000 of International Mer antile Marine stock. Mr. Randolph, reply ng to Mr. Hughes, said this rale was main o J. P. Morgan & Co., and that a purchase t SftOO.OflO was made on January 2, 1904, rom J. F. Morgan A Co. After falling for some time to get a dl ect answer, Mr. Hughes finally asked Mr. landolsh: "As a matterof fact there was a report 0 the superintendent of insurance on De ember 31, 1903?" "Yes." "Then, the sole purpose of the transac- loiv was that you might be nhle to tell "l. 'superintendent of Insurance you held inly 13.200,000 of International Mercantile daiine shares 7" The witness hesitated and tried to evade 1 direct answer, but Mr. Hughes repeated he question, until finally Mr. Randolph laid: "Yes." . There was a, momentary hush, followed y a murmur of suppressed excitement. Stocks sold at a I,osa. Following up the navigation syndicate ransactions, Mr. Hughes referred to an lem on the schedule of syndicate transac lons under date of December 30, 1904. by rhlch JSOO.OOO of bonds were sold to J. 8. organ & Co., of Ixindon, for $720,000. Mr. landclph admitted that this was an out- Ight sale, and the loss of 180,000 was tharged off to the profit and loss account, fr. Hughes left the point and took up the elatlons of an association known as 'Nyllc" with the New York Life Insurance torn pan y. He got from the witness the ad mission that on April 11, 1904. a sale of taO, CU stock to "Nyllo" waa made. Relations with Tinst Company. . The usefulness of the New York Security k Trust company to the New York Life ami out when It wss testified that while he Insurance company was not taking xMlateral loans. It made a practice of lend ng Its money to the trust company, which nude the loans. Mr. Hughes took up the accounts of the money deposited with the New York 8e csrlty and Trus: company In 1903. which M called account No. . It ran from ,T60.ooo tn May and June up to I12.S31.000 In September and ended well over I10.0U0, 000 Id December. "Now," said Mr. Hughes, "why did you reduce the amount deposited with the New York Security and Trust company In Tuly, 1904, to t2.6OO.0O0 and keep It at that ven figure to the end of the year? Your Mlance at the beginning of 1904 waa I8,0u0, 0f" Mr. Randolph professed ignorance, the tnposslblllty of remembering every trans ition and Interrupted again and again. Mr. Hughea begged the witness to re rain from "general conversation" and re tested the question. Mr. Randolph finally laid: . "There waa a question at this time whether our relations would continue with the company. The consolidation of the New York Security and Trust company eras taking place at this time." "Now, prior to the end of 1901, the trus- ees of the New York Security and Trust iompany held 6.006, that is a majority of he lO.Oou shares?" "Yes." "Well. In March, 1904. when the total tock of the company was increased to W.OOu shares, were the holding of tbe trus .ces Increased?" "No." Transfer of Deposits. Witness waa then led through the change of the name of the trust company and admitted the three accounts with the old company were cloaed and four opened with the new one. When the money was with drawn from the New York Security and Trust company It was deposited with the First National bank. This admission was tllctted from the witness after much pres ture. In reply aa to Interest paid by the vari ous banks where the Insurance company had deposits, Mr. Randolph said all of the banks paid t per cent except the Bank of Montreal, which paid 1 per cent In dUcussing the syndicate to handle the New tn-leuns railroad securities, which transaction was closed out In 1904. Mr. Randolph referred to a receivership being appointed, which was unforeseen by the New York Life when the securities were taken up. Witness also said that some parties te the company who had expected to Join In handling the securities had failed to dti so, but when ashed the names re- FORTY-THREE NEW CASES Among the Latest Victims of Yellow Ferer la H. . Douglass, CItII F.nglneer. NKW ORLEANS. Sept. 12 Report of yellow situation to 6 p. m : New o - 43 Total 1 r e 2.370 Deaths r 3 Total 319 New r 12 Cases - treatment 314 Dtsrha : 1.737 The i tame on the list of new cases that is ipectal note Is that of H. 8 Dougla United States civil engineer, who Is ned at the mouth of the river superv -ertaln work In progress there. He wa ken in a house in the city and taken Emergency .hospital. In vL . the ordinance recently adopted requiring all householders to have their cisterns screened with 18-mesh wire by October 1, and the danger attending the removal of the temporary screens of cheesecloth. Dr. White and the medical so ciety published a card to the public asking them In placing the permanent screens to put them over the cloth and under no cir cumstances to remove the latter. If the cloth Is removed It Is believed that many mosquitoes would escare and thus nullify much of the work that has been done to wards exterminating them. News from the country was meager to day. The State board has sent ample relief to Tnllulah, three physicians and a marine hospital service surgeon and eight nurses 1elng on the scene. New cases are re ported as follows: Fatterson, 2: Kenner,'2; Hanson City, 2; St. Rose, 6; Fatterson plantation, 1; La fayette, 1. JACKSON, Miss., Sept. 12. The Missis sippi yellow fever summary of new cases tonight Is as follows: Mississippi City, ; Gulfport, 1; Natchez, 1; Vicksburg, 1. BAD BLOOD IN HIGHLANDERS All Bnt One of Old Officers Re-elected In Spite of . the Acrl monlnsK Talk. DENVER. Coin., Sept. 1?. (Special Tele gram.) That evil In management exist In the Royal Highlanders Is the accusation hinted at by delegates attending the ex ecutive council In this city. Charges that the officers of the organiza tion are In a clique have been frequent, and thla morning a resolution was Intro duced by Judge A. V. Taylor of York. Neb., providing that officers be prevented from voting upon their eligibility or elec tion or upon nny matters pertaining to their remuneration or duties. The resolu tion caused bitter feeling, and Judge Jerome H. Smith of Lincoln defended the officers. This morning Charles Shaip, brother of the president and secretary, was dropped from the executive committee, and ( A. Smith of Tllden, Neb., was elected to suc ceed him. W. E. Sharp and F. J. Sharp, two broth ers of Aurora, Neb., are chief president and chief secretory of the Royal High landers, and each receives $275 monthly. A. E. Slekmann of the same place Is treas- urer and receives 1200 per month. It Is claimed that the salaries are too high. Ex cepting Sharp, sll of the old officers were re-elected. The list Includes II. B. Treat of Fremont, Neb.: F.' H. Hanke of Sutton. Neb.; L. J. Slekmann of Hastings, and W. R. McQueen of Hay Springs, members of the executive committee; E. P. Keefer of Spokane, Wash., chief counselor; L. A. Morris, chief warden, and A. E. Davis of Spokane, sentry. CATTLE . QUARANTINE RAISED Secretary Wilson Announces Prac tical Eradication of Scabies Orrr a Wide Area. WASHINGTON, Sept. 12. It having been determined by the Department of Agri culture that the contagious and com municable disease known as scabies exists to a slight extent only. If at all, In prac tically all of the cattle country. Secretary Wilson today gave notice that the quaran tine established In the following area will be removed September 15: The states of Washington and Oregon; all that part of Kansas lying east of the western boun dary lines of the counties of Smith. Os born, Russell, Barton, Stafford, Pratt and Barber; all that part of the state of Colo rado lying west of the summit of the Medi cine Bow range of mountains In Larimer county, the west line of Boulder, Gilpin, Jefferson. Teller, Custer, Huerfano and Las Animas counties, and also that pait of Colorado lying west of the Ninth guide meridian west. In Fremont county; the counties of Big Horn', Frc.nont. Sweet water and Uinta, In the state of Wyoming; all that part of the atate of Texas lying east of the 100th meridian of longitude west of Greenwich and north of the twenty-ninth parallel of north latitude; the counties of San Juan, Rio Arriba, Taos. McKlnney, Earnadlllo, Santa Fe, Valencia. Socorro, Lincoln, Grant, Sierra Luna, Donna Ana and Otero, in the territory of New Mexico, and all the territory of Oklahoma except the counties of Wood ward and Beaver. "CORN" MURPHY DECORATED Csar Confers Order of St. Stanislaus Upon a Former Iowa Man. NEW YORK, Sept. 11-Charles J. Mur phy, formerly a foreign agent of the United States Department of Agriculture, yesterday received from Emperor Nicholas of Russia the decoration of the Order of St. Stanislaus. This honor, which has rarely been con ferred on American citizens, was given to him through the Russian embassy at Washington. It was a recognition of his services In behalf of Russia's peasants during the famine of 1891, when as foreign agent at Berlin of the Department of Ag riculture he started the movement for sending shiploads of corn to Russia. Mr. Murphy waa formerly a resident of Iowa, but at present resides In New York. SCHOONER WASHED ASHORE Foil Bodies Are r'onad on Bench, nt Vessel Is Sot Idea, tlaed. TACOMA. Wash., bept. 12.-A Valdex dispatch says a three-masted schooner has been discovered ashore, bottom up. three miles from Kskatag beach, Alaska. Its name was not visible, but a bill for goods was found that was made out to the schooner Prosper. The wrecked vessel la apparently of foreign build, but answers the description of the San Francisco vessel of that name. Four bodies have been washed ashore One Is thst of George Fermllng, but the otheis are unkonwn. The steamer Excelsior brought ths news to Vakles and wired to Sitwa for the -Ul&Aoe of Ut rtvAu cutter. BRYAN NOT NOW A CANDIDATE Nebraikan Bebnkei Friendi Who Would Launch Boom for Him. FEAST IN HONOR OF DEMOCRATIC LEADER Jefferson (lob of Chicago Tenders Him a Testimonial Prevlons to His Departare for Trip Abroad. CHICAGO. Sept. 12. "1 want to make my position perfectly clear. 1 want to say to you that not only am I not announcing a candidacy, but I am not permitting an nouncement of a candidacy by any one else for me." In these words William Jennings Bryan" administered a check to the enthusiasm which at the Jefferson club banquet given tonight In Mr. Bryan's honor greeted the speeches advocating his nomination for the third time for president. There had been warm words of praise for Mr. Bryan, particularly from former Congressman Ollle M. James of Kentucky and Judge James B. Tarvtn of Covington, Ky., who had declared unqualifiedly for Mr. Bryan as the democratic nominee for presi dent In 1906, and from Mr. Alexander Troup of New Haven, Conn., who declared that Bryan was the natural and legitimate leader of the democratic parly In the com ing campaign. When Mr. Bryan, who came last on the program rose to respond to the j toast, "Democracy versus Centralization," he deferred for a few moments entering upon his formal address until he had re turned thanks for the words of praise showered upon him by the speakers who preceded him and until he hart set himself right on the question of possible candidacy for the presidency. Mr. Bryan said: I am not now a candidate for any office. I have never said that I would never again he a candidate for ofllce, but i want to say now that talk of candidacy for office does not affect me as it once did. 1 believe that my place In history will he determined not by what the people are able to do for me but by what 1 am able to do lor the people. (Applause and cheers.) I think It Is now too soon to choose a candidate for president to make the race thme yearsl from now: It Is too early to pledge our- s neives to any one innn. i trust tnat netore the time comes to name a man for the next presidential race Merit may be thrown upon our party's pathway and that a man may be chosen who will he best ahle to do for the party more than I have yet been able to do. Ovation for Nelirsnkan, William Jennings Bryan, soon to leave for a tour of the world, received a notable tes timonial of esteem tonight at a banquet given In his honor by the Jefferson club at their rooms, Randolph and Clark streets. Covers were laid for 30 guests and among those 'present were Congressman H. T. Ralney of Illinois, Mayor Edward F. Dunne of Chicago. Judse. James B. Tarvln of Covington, Ky.; Samuel Alschuler of Aurora, 111.; E. L. Masters, president of the Jefferson club; Clarence S. Darrow and other Chleagnans. William Prentiss was ! toastmaster. He Introduced as the first speaker Congressman Ralney of Illinois, who spoke of "Our Obligations as a World Power, at Home and Abroad." Congress man Ralney's address had ,83 its keynote trade expansion and the need of tariff re vision.' He concluded amid applause, with expressions of admiration for Mr. Bryan and wlHhes for a pleasant tour and the safe return of Mr. Bryan "to those' whom he loves arnd who love him." Donne on Municipal Ownership. Mayor Dunne was cordially greeted as he rose to speak on "The Progress of Munici pal Ownership." He said In part: We have met tonight to do honor and wish bon voyage to our distinguished and admired guest. Colonel Bryan. We admire and respect him because at all times and under all circumstances, and in every place In which he found himself, he has stood for purity In politics and placed man before mammon. Whether in victory or In defeat he has always stood for the right, and the man who so acts must always earn, as he has earned, the respect and confidence of his fellow countrymen. And now thM he is leaving us for a trip abroad, our good wishes go with him, and we ask him, in his travels abroad, to note well the advantages and disadvantages of governmental Insti tutions, and to nrlng back to us the bene fits of his observations and experience. And particularly we ask him to inquire into and report to us the results which he dis covers of the operation of great publlo utilities in private and public hands. Mayor Dunne discussed the progress made towards municipal ownership In Chicago since the spring election in 1905. saying he had no doubt that the plan which he had submitted to the city council would, If adopted, bring about municipal ownership of the street railways at a very early date. Olln M. James of Kentucky brought out round after round of applause by the eu logy of Bryan and the plea for democratic harmony with which he closed a speech tn which he declared that Bryan had long ago declared In favor of orushlng the trusts, reforming the tariff and bringing to arbitration all International disputes. Brynn for President. In a brief address Judge J. B. Tarvln of Covington, Ky. declared for Mr. Bryan as the standard bearer of demooracy In 1905. He brought out a great outburst of applause when he said: You will look for a man who stands for something and will adopt a platform that can bear only one construction. It will be a democratic plattorm as democracy Is constructed to be, by an overwhelming ma jority of those who claim to be witiiin the party. Who will he be? I say we want a man who can win. We will allow uo per sonal feeling or regard to Influence. There can be only one answer. William Jennings Bryan has been through the neiy furnace again and again and yet again. As a re sult he stands today, twice defeated for the presidency, the foremost wan la Amer ica. Mr. Bryan's speech. Mr. Bryan then rose to speak. He was greeted with an enthusiastic demonstration and it was some minutes before the ap plause subsided sufficiently to allow htm to proceed. He spoke on "Democracy ver sus Centralization," his speech being In part as follows: The partial adoption by sjnie of the re publican leaders uf leinedie proposed by the democratic parly make It opportune to draw a distinction between the fundamen tal principle of democracy and the principle of those who view subjects of government from a different standpoint. There are two force constantly at work in every nation, one tone tending to carry the government from the people. In this country opposition to the rule of the people usually takes the form of the advocacy uf legiHlation which removes authority from a point near to tne people to some point more remote from them. This tendency to remove authority from the locality to a center farther away may be described as centralization, if the principles upon which seif-govei n merit ret are sound, then the people can best gov ern where they are best acquainted with the machinery of the government and with tne propositions on which they are to act. Every attempt to take authority away from a community and Invest It in some power outside of the community contains a cer tain amount of Intidelliy to the democratic tneory of government. Just now public attention Is being di rected to the encroachments of great Cor porations on the rights of the people and the discussion of remedies reveals the fact that among thoke who really d-lr eftect Ivly to restrain corporations, there are two elements those who desire to enlarge the scope of the federal government and those who denre to pnserve the Integrity and authority of the several slates. I In vite your attention to this submi t because It Is likely to be the rock on which honest reformers will split unlet there Is a clear ICouUnued ou 8u?ud RUSSIAN ENV0YSTARTS HOWE M. WtHe Leaves Saylnii that He Finds the Pen Wlghtler Than the Sworil. NEW YORK. tN-pt. 12. The Russian com missioner? who successfully concluded a treaty of peace with the envoys of Japan at Portsmouth, N. II , started on the re turn to St. Petersburg today. The party, headed by Sergius Wltte, sailed on the steamer Kaiser Wllhelm II at 3 o'clock this afftrnoon Before leaving the city, M. Wltte and Baron Rosen made a farewell call upon the Japanese diplomats, who expect to leave for home later In the week. Baron Komura was unable to see the Russians because of his illness, but through Minister Takahira he sent them a cordial message of farewell. Mr. Takahira and other mem bers of the Japanese party entertained the. Russians for half an hour. In addition to M. Wltte, the party sailing on the Kaiser Wllhelm II Included Gregory liken, finan cial agent of the Russian government to the United States. Befoi-e leaving the hotel M. Wltte shook hands with some of the hotel attaches with whom he had been brought into contact. A big crowd had gathered at the dock of the Kaiser Wllhelm In Hoboken to see M. Wltte off, cheering and handclnpplng as he went to the gangplank, to which he bowed acknowledgments. He received the newspaper men cordially In his rooms on hoard the steamer, find, through Baron Rosen, made a statement to those whom he had met. thanking them and saying that never In his life before "had It been so forcibly Impressed upon him" that the pen Is mightier than the sword." He then shook hands with all of them and said goodhy. Before M. Wltte left his hotel today he hnd a conference with Isaac W. Sollgman, and Oscar Strauss of this city and Adolph Krnuss of Chicago. Mr. Scllgrnan said after the Conference: M Wltte allowed tis to' foresee the eman cipation of the Jews In Russia and their pnrtlclpstinn In the government of the empire In the snme degree and proportion that other Russian subjects are allowed to oartlrlnate. M. Wltte made no pledges nglng his government, he stxike for himself ns an Individual, but It Is well 1 know that while he s not now In power he soon will be With him nt the hHm the Jews In Russia will en loin civic and natlonnl registration. Mr. Seligman was asked If the subject of a loan to Russia, to he made by n syndi cate of Jewish financiers had been broached, but he replied In the negative. BISHOP O'CONNELL FOR JAPAN Prelate of Maine Will Represent the Pope at Cnnrt of Mlkndo. PORTLAND. Me.. Sept. 12. Bishop Wil liam H. O'Connell of the Catholic diocese of Maine announced today his intention to leave here Thursday for Japan for a spe cial mission on behalf of Pope Plus X. Bishop O'Connell declined to state the pur pose of his visit, hut V Is believed to be an Important diplomatic mission from the Vatican to the emperor if Japan, decided upon about the time of the conclusion of peace between Japm Ad Russia. It Is unrterstooa in i sic " 'ynes nere mat the bishop will firejrnt to t-ie emperor per sonal congratulations of the pope on the magnanimous manner In. which Japan yielded to Russia, and also thank the em peror for his kindly Interest In the Cath olic subjects of Japan and express the hope that this Interest may continue. ROME. Sept. 12. In connection with the forthcoming visit to Toklo of Bishop Wil liam H. O'Connell of the diocese of Maine, as special envoy of the pope to the em peror of Japan, It Is now Known that the appointment of such & representative has been In contemplation for a long time. It was thought that the Japanese people could never be converted Individually, but would have to be Christianized If at all by diplo matic methods. At the present time the Catholic church In Japan Is suffering from the Imputation that It Is a French Institution and France, being the ally of Russia, the church comes In for a share of popular disfavor. To counteract this It was suggested that the pope should appoint a representative at Toklo, at the same time requesting the Japanese government to appoint a minister at the Vatican. The suggestion was well received by his holiness. It was at first believed that Archbishop Irelnnd of St. Paul would be sent to Japan, but the honor has fallen on Bishop O'Connell. who is In high favor at the Vatican. Bishop O'Con nell's atay in Japan is likely to be a pro tracted one. -The selection of an American for such a mission Is considered evidence of the friendship entertained by the pope for the people of the United States, such missions being usually entrusted to Italians. NEW PLAN F5 CATHOLICS National Board of American Federa tion Adopts Volksvereln Idea Sosjgrested by the Pope. CINCINNATI. O.. Sept. It After sis hours discussion the national board of the American Federation of Catholic Societies today adopted a plan for Including in the work of the American society the Volks vereln Idea, which Is favored by Pope Plus X In a recent letter. The Immediate result will be the presentation of this plan to the next national meeting of the society, and if It Is adopted every Catholic in the United States can become a member of the Ameri can Federation of Catholic societies. The American Federation will Include In Its work the Volksvereln Idea, which In volves the education of Catholic people by a campaign of literature. The American Federation of Catholic societies Is now In communication with similar federations In Italy, Germany. France and other foreign countries, and a world federation of Catho lic societies may be a possibility of the future. As a committee on Catholic Indian af fairs. Bishop McFaul. Rev. J. Wynn, Wal ter G. Smith, T. B. Mlnahan and A. Koehle were appointed HOO H00S ELECT OFFICERS Robert D. Inniaa of Portland, Ore., la Chosen Snark Xext Meeting nt Oklahoma City. PORTLAND, Ore . Sept. 12 -The Conca tentated Order of Hoo-Hoos today con cluded a three days' convention after choos ing Oklahoma City, Okl., aa the next meet ing place and electing the following of ficers: Suark, Robert D. Inman of Portland; senior hoo-hoo, A. C. Ramsey of St. Louis; Junior hoo-hoo, George V. Denny of Il linois; schrtvenoter. James H. Balrd of Tennessee; bojum, Benjamin F. Cobb of Chicago; dislocation, B. Price of Little Rock, Ark.; arcanofer, Donald Ferguson of London. Ont. ; gurdon. E. Clark of Seattle; jabberwQclc, C C Bogges el West Virginia, CITY COUNCIL PROCEEDINGS Mayer Returns the Gas Contraot ai lot Having Been Passed. CLEVELAND MEN VISIT THE CHAMBER Meaaaae Accompanying the Ordinance on Its Hetnrn Deals with Inter ference of Jndlelary wltn Legislative Arts. Mayor Moores returned the Dyball gas street lighting ordinance to the council lasi night with the declaration that it had r.ot been passed and recommending Its re maining with the clerk until the Injunction and contempt proceedings regarding It, now In court, are disposed of. The counc'l concurred In the mayor's suggestion by a formal resolution which had been prepared in advance. Although Mayor Moores did not sign he ordinance he asserted he would have done so, without regard to the restraining order, If It had been properly passed by the council. Frank M. Gregg, secretary and general manager of the Cleveland Street Lighting company and George R. Doty, representing a syndicate of Cleveland men who want a gas franchise In Omaha were at the council meeting. Mr. Gregg explained thnt they had arrived in the city only last evening and that he was not prepared to go Into the details of the proposition to be made until after he has consulted local attorneys about legal points and otherwise Investi gated conditions here. "We are here prepared to put In a gas plant and to sell gas for il." he told the council. "I should like to meet the council men In open meeting and go Into the matter fully at any time they may designate." Thursday morning at 10 o'clock was set for taking the matter up. Mayor's Message on Ordinance. The mayor told how lie felt about the gas affair in the following communication: I hereby return without either approving or vetoing the same, document No. tu,n, en titled: ' An ordinance authorizing and di recting the mayor to enter Into a contract with the Omaha Ghs company to furnish gas, equipment and maintenance of street lamps and for lighting and extinguishing the same, in accordance with the terms and conditions and provisions hereof." I'pon receipt of this ordinance, it not having the signature of the president of the council, and it being asserted in the pub lished reports In t lie newspapers that It had not been passed. I called upon the citv clerk for a certined copy of tne pro ceedings of the council relating to the same, and received from him the enclosed copy of the official record. From this rec ord It clearly appears that this ordinance was not passed. The charter provides (s'ctlon 15l thfvt all ordinances of the city shall be passed pur suant to such rules and regulations as the council may prescribe. Rule 23 of the rules of the city council now In force requires that every ordinance shall receive three readings before its passage, which may be bv title only. It Is further expressly pro vided In rule 23 that after the third read ing of sn ordinance the question which next arises Is, 'Shall the ordinance pass? and at this stage Is open to debate. While It appears from the record or the council nmuiiinsi that a motion was made by Mr. Evans that the ordinance be read a third time by title and rlaced upon its passage, It further affirmatively appears that this motion was not entertained by tne chair, and that upon an appeal being taken from the decision of the chair no action wfli' tnke.1 on n appeal, thus leav- lng the decision of the chair a rlniil deci sion. It was further declared by the ehalr, trom which no appeal was titken, that the motion of Mr. Huntington, that the ordi nance be read a third time by title and rlaced upon its passage, being the same as the previous motion of Mr. Evans, would not be entertained by the chair. From this ruling no appeal was titken. Thereupon Mr. Hack made a similar mo tion that the ordinance be placed upon Its passage and that the clerk proceed Jo call the roll, which motion the chair, n accordance with the ruling Just previously msde, refused to entertain. I Pn a roll call by the clerk, resulting In 5 votes "Yea " Mr. Huntington declared the ordi nance passed and title agreed to. The rec ord utterly fails to show that the ordinance passed or tnat a nec a....,, o, or chair was made that It had passed. On the contrary, the record clearly shows that while an attempt was made to pass the ordinance It was not passed, and I there fore return the ordinance to your honorable body for such action thereon as may be proper. About Going; to Prison. If the purpose. Intent or sttempt of a malority of the members of your honorable body to pass this ordinance Is a contempt of court. 1 am equally guilty, for it was my deliberate purpose and intent to approve It if It had passed. I have already done prison service for the cause of my country, and If necessary I am willing again to go to the baatlle for doing my duty. I do not believe that the court has any rlgnt or Jurisdiction to Interfere with the legislative uctlon of the council or the performance of official duties Imposed bv the charter on the mayor and council. And 1 further be lieve that government by Injunction has reached and unendurable as well as un authorized llmiU when Judges on the bench assume and undertake to run the municipal affairs of this city. The charter expressly requires the mayor and council to provide for lighting the streets of the, city. This duty Is Imposed on the mayor and council and not on the courto. The contract with the gas company explfes December 31. Under, this contract, 1,286 gas lamps, with Welsbach burners, are now lighting the streets of Omaha. Under the propos?d con tract the amount to be paid the gas com pany for the present fiscal year not only will be reduced, but other substantial ad vantages snd reductions will be secured. The gas company has treated Omaha fc.lrly and Is entitled to fair treatment In return. For the year 1904 the cash royalty pnld Into the cltv treasury by the gas company was I17.12S.60. For 1905 the royalty will be greatly Increased. As the result of making this contract, a reduction In the price of gas will be made which will benefit the public the first year not less than 4C,000. As the result of the reduced price of gas ar.d the construction of many new build ings, the royalty received by the city will be greatly Increased, for 'he leason that this royalty Is based on the total number of feet sold and not the revenue derived by the gas company. A moderate estimate of 'he direct benefit of the city and public In the reduction of the price of gas and street lamps and royalty paid will be not less 'nan ISO.OOo per year, or 14).000 for the perljd of five years covered by the proposed contract. In returning this ordinance to your hon orable body, I desire merely to lurther sug gest that Inasmuch as It has not been passed and a restraining order of Judge Sutton prohibits Its passage, the validity of which Is soon to I aigued and deter mined. It remain on the clerk's dek uniil the conclusion of such argument snd a de cision is reached. Another Appropriation Wrinkle. Comptroller Lobeck again submitted an estimate of the shortage amounting to tfl.964.89 In th amounts set avlde In the general fund for the maintenance of de partments whose chiefs had salares in creased by the last legislature. He recom mended that a surplus In the tax com missioner's appropriation be drawn upon to cover the deficiency. The matter went to the finance committee. An ordinance waj Introduced providing for the submission at the November elec tion of propositions to Issue 126.000 sewer bonds and 175,000 paving Intersection bonds. Councilman Hoye, as chairman of the committee on building and property, re ported on Councilman Huntington's reso lution authorizing work In the council chamber to Improve the acoustics. The report said there is not money enoug'i In the city hall maintaining fund to do the Job. Huntington protested that It wauld not cost much to string a few wiresfrom wall to wall so the audience can hear and the report "was recommitted. Peter E. Her ordinance granting eon- (Continue on Beooud rage.) NEBRASKA WEATHER FORECAST Showers Wednesday and Thnrsday. Temperature at Omaha Yeeterriati Honr. Desr. Ilonr. Pea. B n. ra 41(1 1 p. m T n. in M7 X p. m 1 T n. m t7 ,t p. in T4 " a. in UN 4 p. m T:l tn mt n p. m T lO a. m Tl fl p. m T3 l m TT T p. nt 72 IK nt 77 p. ni 9 p. nt T REFUSE TO GRANT DEMANDS Chicago Railway Managers Say They Cannot Increase Pay of Freight Handlers. CHICAGO. Sept. 12. Despite the prompt refusals of the various railroads today to grant the demands of the freight handlers for an Increase of wages, an outward calm pervades the situation and If a strike does come It will be only after effort has been exhausted by both sides to avoid It. The railroads today for the first time since the beginning of the controversy recognized the International Union of Freight Handlers by mailing to the union officials "regret" that they were unable to meet the demand for Increased wages, but expressing willingness to meet the employes and discuss matters. The union officials at the same time announced that whatever Is done will be along conservative lines. In the Wabash freight house the following notice was posted: Do not make any mistake or be misled by stories In the newspapers thst officials of this rond are unwilling to treat with their employes and give a courteous reply to any courteous request. We are ready ns we always have been to llften to what you have to say and give you a courteous answer. H. W. BALLOU, Supt. The executive board of the freight hand lers will meet tomorrow and seek to ar range a conference with the railroads and arrange Individually or collectively. UPHEAVAL IN PHILADELPHIA Recent Political Fight Makes Changes In the Republican City Ticket Xereasary. PHILADELPHIA. Sept. 12-As a result of the recent political upheaval In this city the counly ticket named by the repub licans last spring, prior to Mayor Weaver's fight against the gas lease, was withdrawn today and a new ticket will be selected by the city committee. The candidates who withdrew are Harry- C. Ransley, presi dent of the select council, nominee for sheriff; John B. Lukens. nominee for cor oner, and Hugh Black and Jacob Wilde more, who had been named for city com missioners. Each candidate, besides being the leader of his ward. Is a member of the city committee. The four vacancies will be filled next Monday when, the city com mittee holds Its regular meeting. The total number of voters In Phila delphia, according to the September can vass, the complete returns of which were announced today. Is 839,9i. a decrease of RS.810 compared with the canvass made In May prior to the gas lease fight. THREE VOLCANOES ARE ACTIVE Returned Missionary Tells of Erup tion on Island of gnvnll Near Samoa. i SAN FRANCISCO. Sept. 12. Among !he passengers who arrived today on the liner Sierra was J. F. Brim, a mormon mission ary from Samoa, who a few days before Joining the Sierra at Tutuila, visited the scene of the great volcanic eruption on the Island of Savall. The eruption was still active when ht came a'-way. The lava, still flowing, had covered a distance of four miles. The eruption occurred In a mountain be hind the district of Mataute. About I o'clock a. m. of August 21 natives and missionaries for ten miles around were awakened by a terrific booming. Investiga tion showed three volcanoes on the Ma taute elope In full action. An old volcano, twenty miles away has also awakened from a long slumber and Is once more In full eruption. The town of Bafotu Is me naced by the flow. NEW PAYMASTER FOR OMAHA Captain Claude B. . Sweeney Comes Here to Relieve Cnptnln Guy Carleton. fFrom a Staff Correspondent.) WASHINGTON. 8eot. 12-(Speclal Tele gram.) Captain Claude B. Sweeney, Thlr tenth cavalry. Is detailed for service and to fill a vacancy In the pay department to take effect October 15. vice Captain Guy Carleton, paymaster relieved from duty la that department and assigned to the Thir teenth cavalry. Captain Sweeney will pro ceed at the proper time to Omaha and re port to the commanding general, depart ment of the Missouri for duty, with station In that city. Major M. G. Zsllnskl, quartermaster, in addition to his present duties, will report to the commanding general, department of the Missouri, for duty as chief quarter master of that department, relieving Lieu tenant Colonel J. E. Sawyer, deputy quar termaster general. COLLEGE SOCIALISTS MEET Intercollegiate Society Formed to Promote Dissemination of Prln. rlples of the Cult. t NEW YORK. Bept. 12-The first steps toward forming a socialistic organization, to be known aa the Intercollegiate Social istic society, were taken here today. The purposes of the organization were said to be the dissemination of socialistic principles among college and university men. A tem porary organization was effected today, subject to the approval by a referendum, of those who have signified their Intention of Joining and who were said to number about twenty-five. Among the organisers of the society were the following: J. Q. Phelps Stokes, Thomas Wentworth Hlg glnson, Charlotte Perkins Oilman, Clarence S. Dgrrow, Oscar I-ovell Triggs, B. O. Flower, William Enllsh Walling, Ionard B. Abbott, Jack London and L'pton Sin clair. Movements of Ocean Vessels Sept. 12. At New York Arrived: Numldlsn from Glasgow; Furnessla from Glasgow. Sailed: Prince Adelbert for Naples; Kaiser Wll helm II. for Bremen. At Plymouth Arrived: St. Paul from New York. ' ' At tienoa Arrived; Cltta Di Napoll, from New York. At yueenstown Arrived: Frleslsnd from Philadelphia; I'mbria and Oceanic from New York. At Glasgow Arrived: Astoria from New York via Moville. At Antwerp Arrived: Finland from New York At Christianla Sailed: United Statea. for New York. At Bremen Arrived: Kaiser Wllhelm Der Grosse from New York. - At Liverpool-SUed; Ivercia (or Boatoo JAP FLAGSHIP SINKS Vessel Which Led fleet Into Aetion in Sea f Japan Partially Dettrayed. NEARLY SIX HUNDRED LIVES ARE LOST Uikaia Takei Tire in Eaaebo Harbor and Aft Magaiine Exploder ADMIRAL TOGO WAS NOT ON BOARD Great Belief When it ia Known that Famous Hero Eacapea. I'TTLESHIP WAS BUILT IN ENGLAND It Carried Crew of 9.111 Officers and Men and was One of the) Largest Vessels of Its Class Afloat. TOKIO. Sept. 12.-2 p. m.-The Navy de. nartment announces that the battleship Mlkaaa has been destroyed by fire and the explosion of Its magazine causing the lose of 699 Uvea, Including men of other ships who went to the rescue. I The fire statrted from an unknown cause at midnight on Sunday last, September 10. Before the officers could be rescued tha Are reached tho aft magazine, which ex ploded, blowing a hole In tho port side of the vessel below the water line and caus ing the ship to sink. An Investigation Is now being held to determine the cause of the fire. The Mikasa was a first class battleship of 1V00O tons displacement. It was built In England and was launched In 1902. The battleship was 400 feet long, had a speed of over eighteen knots and carried a crew of 935 officers and men. It was heavily armored and carried four twelve-Inch guns, fourteen six-inch guns, twenty twelve pounders and a number of smaller rapid fire guns. It had four submerged torpedo tubes. In the battle of the Ses of Japan the Mikasa was the heaviest loser of all the Japanese ships, having sixty-three killed and wounded. It approached nearest to the Russians than any other battleship. The Mlkssa was also the flagship of Admiral Togo sfter the great naval battle fought off Port Arthur on August 10. 1904, on which occasion the Japanese flagship also suffered the most, hut continued In the fighting line. On that occsslon the Mikasa had four officers and twenty-nine men killed, six officers and twenty-nine men severely wounded and four officers and twenty-nine men slightly wounded. Accident Casta Gloom Over Nation. The disaster to the battleship Mikasa has cast a gloom everywhere. The Mikasa waa Togo's flagship and was endeared to the hearts of the people. The ship was In anrhor In Base ho harbor when the fire started at the base of the mainmast, at midnight. It spread with great rapidity, exploding the after magazine an hour after the fire had been discovered. Tha Mikasa sank In shallow water and it Is believed the ship can be repaired. Rescuing parties were sent from the various warships In the harbor and there was heavy casualties among them. Various conjectures are current as to the cause of the Are. Some attribute It to an overcharge of electricity. Great relief was felt throughout Japan when It was learned that Admiral Togo was not on board the ship at the time of tha fire. Sensational Ftnry at Rome. ROM FJ, Sept. 12. The Trlbuna today pub lished a rumor from Tien Tsln to the ef fect that the family of Baron Komura. the Japanese plenipotentiary, now In New York City, had been assassinated. In view of the fact that recent detailed dispatches describing the disturbances In Toklo have apparently been uncensored. It Is not believed that the above rumor Is well founded. The fact that It originated In Tien Tsln would also tend to discredit It, as Tien Tsln Is not favorably located for the receipt of Important news from Japan at first hapd. Report Not Relieved. NEW YORK. Sent. 12. Baron Komura the peace plenipotentiary, who Is 111 at the Waldorf-Astoria hotel, was somewhat Im proved today, his fever being abated ap preciably. He was still, however, confined to his bed and members of his suite said that he was In too weak and nervous a condition to be shown the report, from Rome that his family had been assas sinated. Mr. Sato, official spokesman of the Japanese rarty, said that no dispatches had been received by the peace plenipo tentiary which could furnish any ground for believing the reported misfortune, and added that the other members of the Japa nese party considered the report to be en tirely unfounded. Notwithstanding his weakened condition, the baron Is determined to leave New York on Thursday to begin his homeward trip, as originally planned. FARMERS' NATIONAL CONGRESS Twenty-Fifth Annual Session Opens at Richmond, Va., with Largo Attendance. RICHMOND, Va.. Bept. 12.-The Farmer National congress met In Its twenty-fifth annual session here today with a large at tendance representing almost every section of the United States. The morning session was taken up with speeches of welcome. At the afternoon session a committee on resolutions was appointed and addressee were made by Hon. O. M. Whltaker of Boston, on the field snd functions of the farmers of the Farmers National congress; H. P. Sherman of Oreensburg, Ind.. who pleaded for a system of regulation bf prices of farm products by farmers Instead of by dealers and by speculators, and Erie Olsen of Minnesota, who spoke of lines similar to 'those tuken by Mr. Sherman. The congress then adjourned until morn ing PCOR OPINION OF COLORED MAN St. I.ouls Man Expresses Radical Sentiment at Iowa Metho dist Conference. OSCEOLA. Ia., Sept. 12-Dr. J. W. Lee of St. I.ouls. speaking before the Methodist church conference, took up the negro ques tion and declared that In Its forty years of freedom the black race hud fallen below he station where 240 years of slavery bad placed It. Dr. I-e asserted that the negro Is 4.000 years behind the white man In civil ization. Caste spirit snd race prejudice, he said, are right because God has planted them In men's hearts The opinion wee expressed by Dr. Lee that the negro should rejoice at the mere privilege (if Uvlaf aAd, toetnl la tUs country.