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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
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
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.
"As a matterof fact there was a report
0 the superintendent of insurance on De
ember 31, 1903?"
"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
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
. "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?"
"Well. In March, 1904. when the total
tock of the company was increased to
W.OOu shares, were the holding of tbe trus
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
NKW ORLEANS. Sept. 12 Report of
yellow situation to 6 p. m :
New o - 43
Total 1 r e 2.370
Deaths r 3
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
-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
As a committee on Catholic Indian af
fairs. Bishop McFaul. Rev. J. Wynn, Wal
ter G. Smith, T. B. Mlnahan and A. Koehle
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
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
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
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
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
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
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
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
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
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
COLLEGE SOCIALISTS MEET
Intercollegiate Society Formed to
Promote Dissemination of Prln.
rlples of the Cult.
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
At Christianla Sailed: United Statea. for
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
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
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
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
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
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
Notwithstanding his weakened condition,
the baron Is determined to leave New York
on Thursday to begin his homeward trip, as
FARMERS' NATIONAL CONGRESS
Twenty-Fifth Annual Session Opens
at Richmond, Va., with Largo
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
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.
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