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ESTABLISHED JUNE 19, 1871.
OMAHA, FRIDAY MORNING, SEPTEMBER 29, 1905 TEN PAGES.
SINGLE COPY THREE CENTS.
BANKERS HEAR SHAW
Secretarj af the Treasury Addreiaei Ohio
rioanoieri at CleTeland.
MORE ELASTIC CURRENCY SYSTEM NEEDED
Volume Fails tf Respond to Chan jing Needs
of 8eaini and LooalUiai
GLARING DEFECT AT A VITAL POIN'
Country Frequently on Verge of Fat..
Duxiig Crop Coring Beaion.
ADVISES MORE BANK CIRCULATION
imrrgfttr Kotes to Be Printed and
Held Ready for Issue la Certain
Condition Indor Certain
Safeguards.
CLEVELAND, Sept. 28. The address of
Secretary of the Treasury Leslie M. Shaw
was the feature of the morning session
today of the convention of the Ohio Bank
er' association. He urged that a more
elastio currency system should be adopted.
Mr. Shaw said In part:
The fact, and I think it is a fact, that
the I'nlted Slates has the best currency
system In the world docs not imply that
tne currency system of ine United States
Is perfect or that It cannot be Improved.
It Is as safe as any syntem In the world
because It Is established on the only safe
basis known to man the gold standard.
it Is the most convenient system In the
world because it Is constructed on the
decimal or metric system. It Is not neces
sary to carry a lightning calculator In or
der to mak change.
The yslm Is not perfect largely because
It Is nonelaslic. it fails to respond In vol
ume to the changing needs of seasons and
of localities. Attention has been called to
this many times and by many people. That
there will be no further currency legisla
tion until we shall have experienced a
Vanlc occasioned by this want of elasticity
am convinced. The country does not
appreciate the danger, and until the danger
is fully understood no remedy will be ap
plied. We came nearer such a panic Sep
tember SO, IWtt, than most people appre
ciate. The fact that we then escaped does
not raise a presumption that we will al
ways escape It. A glaring defect at a
vital point will some time, soon or late,
asHert Itself. Meantime a remedy should
be discovered, discussed and as fur as
possible agreed upon so that It may be
promptly applied when the people are
ready for It.
Annually we have an excess of money
during the spring and summer months. An
nually we pass through a period of anxiety
as we approach the period of crop moving,
for annually the volume of money Is rela
tively Insufficient to meet this sudden In
crease of business. We do not need and
must not have Inflation. The average
amount of moneys Is. In my Judgment,
abundant. The difficulty Ilea In the fact
that the volume remains stationary.
No Asset Currency.
Now, what shall be he remedy? .Shall
It be asset currency In the popular ao
veptlon of the term, I answer no.
A.tri tunt'ucy ui commonly understood
would mean lunation ana tual we must not
iiavu. Asset currency as commonly under
stood' wuu.d be supported only by. the
solvency of the buna or issue. That mutl
not be. Snail It, ik emergency currency
In the popular acceVtlon ut mat term i
answer, no.
,..TW',?,SiWi,fftSCr originates more com
fnaice (nan any other country on tile map,
but our chief commercial city la not tnu
world Clearing nouse. It ought to be,
but u la. not. One reason wny It Is not,
Is the fact, that It has sometime resorted
to clearing house certificates, which is a plea
of guilty to an indictment charging oad
management locally or bad legislation
nationally, and me financial world cuarges
bom. Clearing house cerliiicates must
never be autnorlEeU by law. Let those
wno love our country and those who con
ceive her credit set their faces against
ucn a course with the same Intensity as
thuy resist the tree and unlimited coinage
of silver. Clearing house certificates ue
base our currency with tne consent of those
who are supposed to be the best financiers
In the nation. The free coinage of sliver
would debase 11 through political upheaval.
W natever the remedy shall be, it must not
advuruse our calamity or our extremity.
Among the many remedies suggested, none
appealed to me as strongly as the author
ization of additional national bank cir
culation. This method Involves the right
of national banks to Increase their cir
culation In an amount, perhaps equal to
Mr per cent ot their outstanding volume of
government bonds secured circulation, on
which the bank should pay a tax of 6 or ti
per cent, during the time It Is maintained,
and the government in consideration of this
lax, should guarantee its redemption.
Keep Shortage Dark.
Tou may call this. If you please, an
emergency provision. So It Is, but it In
jects into our circulation no new form of
money as an element of alarm. By elim
inating the on statement on the present
bank note, "this note is secured by bonds
of the I'nlted States," the additional cur
rency could be made Identical with that
based on government bonds. The comp
troller of the currency and the bank In
ruing the currency would alone know of
lis existence. It would not advertise Its
existence or our extremity, and I can
scarcely conceive of conditions under
which It would remain out sixty days.
It could be printed and kept ready
for Issuo as occasion might require,
and It would be relied, not by
gathering up each Individual bill, . but by
a deposit of an equal volume of money
with any suhtreasury. Then the notes, as
they came In, would be charged against
this deposit until it was exhausted, after
which redemption and reissue would run
on as before.
The convention at the afternoon session
elected officer and voted not to recom
mend for passage by the next legislature
a new banking law providing for the In
spection of all banks, both stats and pri
vate. IMPLEMENT MAKERS ELECT
Joseph Daln of Ollinws, la.. Chosen
Secretary of the National
Association.
NIAOARA FAIXS, N. T., Sept. 28. The
National Association of Agricultural Im
plement and Vehicle Manufacturers has
elected the following officers:
President C. F. Huhleln. Iiulsvllle, Kv.
Vice Freeldents-O. 8. Hranllngton. Rock
foij. 1L; 1. M. Parry, Ind Una polls; Frank
Siosson. Kenosha, Wis.: William W. Wlr
siA Syracuse; Wakefield Ilaker, ' Benlcla,
Cal.
Secretary F. K. I.tickens, Chicago.
Treasurer Joseph Pain, Ottumwa, la.
The secretary waa Instructed to forward a
message to President Roosevelt congratu
lating him for his successful efforts In
bringing about peace In the far east. Next
year' meeting will be held In Chicago.
CAR LINE HEARING IS SET
Interstate Commerce Commission
' Will Begin Work at Wash.
Ington In Octoher.
WASHINGTON, Sept. . -Hearing In
the private car line Inquiry Instituted by
the Interstate Commerce commission will
hegia In this city on October 18 and prob
ably will continue for more than a week.
The cases are directed, among other,
against the St. Louis. Iron Mountain A
Southern. Kansas City Southern. Atchison,
Topeka Santa Fe. Southern Paclllc and
St Louis & San Francisco railways, the
Armour Car Lines. American Refrigerator
Transit company and lb Santa Fa Re
li Is era tor tiitpatco,
POPULAR UNREST IN HUNGARY
Probability of Farther Clashes Be
tween the Coalitionists and
Socialists In Bnda Pest.
!- A PEST, Sept. 28 There Is no abate-
of the popular unrest, although to
i Missed oft without serious outbreak
4 iy quarter. The socialists gathered
m tonight, this time In front of the
F ,-rlal club, but the police were more
g getic than they were last night and
ersed the groups as soon as they
tied, thus preventing disorder. A meet
of students tonight passed off without
Ident. At a meeting of democratic
lbs It was decided to hold a grand torch--ht
procession In the near future.
This decision glvea rise to some uneasi
ness and It Is possible that the procession
will be postponed until after the conven
tion of the supporters of the coalition
parties October 1 Reports from the
provinces show Increasing support for tho
coalition parties, but notwithstanding thl
there is a considerable element In Hun
gary outside of the socialist ranks that
continues to remain In opposition to the
coalition The coalition leaders, realizing
the presence of a decided antl-Magyarlan
tendency among many Influential persons,
are losing no opportunity to strengthen
their position. Francis Kossuth demands
the union of all Hungarian parties "for
the defense of the Hungarian constitu
tion," and It I believed that a private
meeting of deputies which has been called
for October 2, the day before the great
convention, may formulate plans to secure
such a union.
The court at Vienna Is reported to be
distracted by conflicting advice. Many
Hungarian politicians of Influence have ad
vised the king-emperor to yield on cer
tain points, and It Is reported tonight that
others are endeavoring to secure his ma
Jecty's favor by advising persistence of
Francis Joseph In his stand.
The failure of Baron FJervary's audience
of the emperor today to bring about a
solution of the difficulty Is hailed by the
members of the coalition as favorable to
their cause. It Is said tonight that the
emperor has expressed a desire to see
Count Albln Cxaky president fcf the upper
house of the Hungarian Diet and that tho
count will be given an audience next Sat
urday. It Is said that the count advo
cates peace with the coalition. It Is also
learned from a high authority that the
position of Count Goluehowskl. the Austrian-Hungarian
foreign minister, Ib so
shaken that he will resign within a few
weeks. It Is possible his successor will
be M. Desxngyneny-Marlch, present am
bassador to Germany.
SIGN FRANCO-GERMAN ACCORD
Agreement Regarding Morocco Is
Perfected by Representatives
of the Two Nations.
PARIS, Sept. 28. Premier Rouvler and
Prince von Randolln, the German ambas
sador, at nooh today signed the Franco
German accord concerning the Moroccan
conference, thus definitely terminating the
difficult negotiations.
Preceding the signature, Dr. Rosen, rep
resenting Germany and M. Rcvott In be
half of France, met, at the Foreign office
and wont over the final detail of the
protocol.-
The official detail of the accord will
be given out later.
The official text of the Franco-German
accord on the subject of Morocco as given
out say:
The negotiation between France and
Germany concerning the program for the
conference on Moroccan affairs ha suc
cessfully terminated. Accord is reached
on a program comprising the organization
of the police, the regulation and repression
of contraband arms; financial reforms, con
sisting principally or the organization of
a state bank and also the best means -nf
collecting duties, and the creation of new
means of revenue and also the determ
ination of principles destined to safeguard
the economic liberty of Morocco.
The agreement then makes a special
reservation of the frontier region between
Alglerla and Morocco, where the mainten
ance of police will be regulated directly
between France and the sultan without
submission to the conference. The reg
ulation of contraband. In the same region
also remains for France to determine with
the sultan.
.The two government unite In asking
that Spain accept Algiers a the place of
the conference.
On the question of the German loss to
Morocco it Is agreed that French banker
shall participate with the German and
there la to be a similar participation of
French firm In building harbor work at
Tangier If a French company offer term
equal to those of the German contractors.
Finally the accord provides for the sub
mission of the program without delay to !
the sultan and th signatories of the con
vention of Madrid. Vpon Its submission to
the sultan both the French and German
missions now at Fe will return to Tangier.
CHINESE ARE JAKING CONTROL
Tartar General of Hellang Chlanai
Province Move Against
the Bandit.
OfNSHU PASS. Manchuria. Sept. 27.
The Tartar general of Heilung Chiang
province has been transferred to Klrln for
the purpose of Instituting order following
the evacuation of foreign troop. He has
already begun military preparations to sup
press the Chinese bandits, who lately were
In the Russian and Japanese service. The
Chinese eatimate that the bandit In eastern
Heilung Chiang are 1,000 strong. The
Tartar general has Issued a proclamation
calling on these outlaw to give up their
arm a peace ha removed the necessity
for their services. At the same time the
general I dispatching a regiment of native
troop to suppress th bandit.
No official Chinese notification of peace
has yet been made.
Sixteen military attaches representing
eight nation bade farewell to General
Linevltch. September 24 at Klrln. Line
vlteh entertained them at dinner. Brigadier
General T: H. Barry. United State army,
as senior attache, waa spokesman In be
half of the other. The attache formally
bade farewell to General Kouropatkin,
September S3.
There are evidences of the breaking up of
the army. Arrangement are making at
Kuanchentsu for the withdrawal of the
troops Immediately after th peace treaty
Is ratified.
Siberia to Bo Represented.
8T. PETERSBURG, Sept. 18. The In
clusion of Siberia In the First national as
sembly Is assured, the Bolsky commission
having determined on It allotment of
fifteen Siberian members, of which number
one will represent the city of Irkutsk. Th
member will not be elected on class basis.
The franchise Is bestowed on owner of
over 0 to l.oOO acres of land, depending on
the fertility, or on th proprietors ot urban
lroparty of similar vJuy - ...
WITTE RECEIVES OVATION
Buisian Offioial Meat Paace Envoy at
Bt. Petersburg Station.
PRAISED TOR BRINGING ABOUT TREATY
In Response Envoy Says He Suc
ceeded Because of American
Sympathy nnd He Was
Trne to Emperor,
ST. PETERSBURG. Sept. 28.-M. Witt
arrived here at 8:26 a. m. today and wa
accorded a very hearty reception by a large
crowd of official and other. In a brief
speech replying to a welcoming address M.
Wltte showed clearly that he was deeply
touched by the welcome with which he wa
received.
When he left St. Petersburg In July a
small delegation of officials accompanied
him to the railroad station to bid him fare
well. There was no public demonstration
whatever. Today there were seven or eight
time a many 'official despite the very
early hour of the train arrival and an en
thusiastic crowd of 500 to 600 people was
present. Among the officials present were
Baron Nolde, general secretary of the con
gress of ministers; General Durnova, adju
tant to the minister of the Interior; M.
Wyshnegradsky, formerly finance minister
and now director of the International Com
mercial bank; M. Kobeko, privy councillor
and chairman of the press reform commis
sion, and many other, prominent officials
who had been M. Witte's former colleagues
or subordinates. The crowd had collected
near where M. Wltte would descend front
the train and when he appeared they broke
out Into long and loud cheer, to which M.
Wltte bowed acknowledgement. The poke
man then advanced and read the address
of welcome, all in the meanwhile standing
barehead'd.
Address of Welcome.
The address read:
You have accomplished your difficult task
and the nation Is grateful to you. You have
given the credit for yeur success to Em
peror Nicholas, President Roouevelt. Km
reror Wlllium Hnd to the press. You have
forgotten onlv vonraolf w- i.. ............ ..n..
appreciate your services to' your country.
...c i.c ,uu imiiiru at ine Washington
homestead at Mount Vernon will serve as
a token of the union between the two na
tions. You have done much.
For. ourselves and for those who are ab
sent we will once more" shout a hearty
hurrah.
M. Wltte Responds.
When the cheer had died away M. Wltte,
who seemed deeply moved by the sincerity
of the welcome, advanced a few .ton. nnH
delivered hi reply. He said:
I was so little prepared for this kind of
reception that I must ask your pardon for
my words. I have performed mv dutv well
because I have strictly obeyed his majesty's
instructions, because circumstances favored
me. because the world is weary of this
bloody war, because all classes of American
Society from PrulHnl u ........,.. I. j M "
in sympathy with me and your cause, and I
... . oun ! whb irue io my country and you
and your Interests.
M. Wltte last word wa followed by
furtl er loud and hearty cheerinv ft.r
which slowly advancing toward the en- J
trance ne snoox nanos with the deiivcrai.
of the welcoming address and his friend
and former colleague. The crowd followed
cioseiy toward tbe door whara an on
carriage was in waiting. A oon as
M. Wltte was seated the. coachman started
his team and as he drove away the crowd
broke out into a succession of loud cheers.
Reports ascribing to M. Wltte an Im
portant mission to Germany are declared
In an inspired article in the Rum !(
to be destitute of foundation.
Wltte Summoned to Bjocrke.
Owing to the berfect weather nrevnllln
the emperor's return to Peterhof has been
oeiayea and M. W Itte has been summoned
iu mcfi ine emperor on noard the Im
perial yacht Polar Star at BJoerke, the
scene of the Interview between Emperor
Nicholas and Emperor William last July.
M. Wltte will leave tomorrow for Bjocrke.
General Moeaael Paralysed.
MOSCOW, Sent. 28. Lieutenant Oen.rai
Stoessel, who commanded the
forces at Port Arthur, Is suffering from
a stroke or paralysis which affects his en
tire left side. The general' recovery Is
hoped for.'
CLASS FIGHT IN COLUMBIA
Freshmen Rescue Member of Their
Claaa Captured by Sophomore
After Fierce Fight.
NEW YORK. Rent. 28. Sonhomoren .nA
freshmen of Columbia waged a fierce bat
tle at the Bronx Casino. One Hundred and
Fifty-fourth street and Third avenue, to
night on the occasion of the sophomore
smoker, at which captive freshmen were
forced to rurnish the entertainment. When
a list of the casualties had been completed
It was found that the most seriously in
jured student was a sophomore named
Beck, who had three ribs broken.
The captive freshmen who were held by
the sophomore for tonight' entertain
ment got word of their plight In some man
ner to their fellow classmen. When the
sophomore smoker waa at It height the
Casino waa broken Into by the freshmen
class aa a body. Entrance wa effected
through the rear of the music hall from
neighboring housetops. The sophomores
were taken completely by surprise and the
freshmen waged a brief and victorious war.
Hand to hand fighting was still In pro
gress when a squad of police reserves ar
rived on the scene and finally restored or
der. The police drove the fighters Into the
street and clubbed many of them Into more
peaceful frame of mind
PACKERS' PLEA OF ABATEMENT
Jodgo Humphreys Will Probably
Rule on Validity of Indict,
aaenta Today,
CHICAGO. Sept. JS.-Thl afternoon
Judge Humphrey heard th closing argu
menta on the plea of abatement filed by
th packers against the Indictment charg
ing them with Illegal methods of conduct
ing business. The court declared that
while It waa possible that he would hand
down hi decision tomorrow. It la not cer
tain that he will do ao. The ground on
which th abatement of th Indictment
I aought by the packer are that the
grand Jury returning the Indictment wa
Illegal because It waa not publicly drawn
aa required by law; that th defendant
war deprived of their right to challenge
th Jurors; that Judge Bethea, Ittlng" in
the eastern division of th northern dis
trict of Illinois, had no right to receive
th return of an indictment returned from
the northern district of th same division;
that on member of th Jury waa not
legally mad a member of that body, and
that the government officials had not th
right to produce before the grand Jury
a transcript of evidence previously heard
by- them, unsworn and unverified, but pr.
Mfiiaa as aMirai,r u avldsasa .
)
BIG BANK JS SWINDLED
New York Concert! nivea I p s,K,oor
Worth of Securities for Worth
lea Check.
NEW YORK. Sept. . The details of a
scheme whereby the National City bank of
this city was recently victimised by a
clever forger came out today. The forger
presented a bogus check bearing the name
of a well known Stock exchange firm and
secured exchange securities valued at about
83OO0.
Pearl & Co.. stork brokers, at J7 Wil
liam street, recently negotiated a one-d:y
loan for 8300,000 with the National City
bank. On Wednesday a check for the
amount of the loan, pin $37.50 for the one
day' interest, was presented at this bank
by a stranger who received the security
deposited by Pearl A Co. for their loan.
The bank on which the brokers' check
was drawn Is one with which Pearl &
Co. never had an account, so the forgery
was not discovered until the check had
passed through the clearing house ex
change, when It was promptly branded a
fictitious. A private detective agency was
called In and transfer of the securities at
once stopped. The detectives Intimate that
they have a clue to the identity of the
forger, who ia believed to have had one
or more accomplice.
It Is believed that the forger had an In
timate knowledge of pearl & Co.'s affairs.
E. A. Slayback, Junidt- member of Pearl &
Co., said: ;
I have been asked not to divulge the
name of the bank- concerned. I can only
say that It I rich . and If the forgery
should involve any loss the bank will be
amnly able to stand It.
The odd amount of the forged check,
added Mr. Slayback, represents a day's
Interest at 4H per , cent. As a matter
of fact the loan is rerorded on our books
at 41 per cent. Clearly som-body must have
had knowledge of the loan. Yet had It been
someone In our employ the Interest would
have been computed at 1 per cent.
The firm of Pearl A Co. consists of
Dyer, Pearl and Slayback. Mr. Pearl is
now in Europe. The members of the firm
own Stock exchange seat and their opera
tion on the board have at various times
been very extensive.
The securities offered by Pearl & Co. for
their loan and surrendered by the bank
for a piece of worthless paper include 1,000
shares I'nlted States Steel company, 1,000
shares Rock Island common, 1.000 shares
Metropolitan Street Railway, 700 share
Missouri Pacific. 209 share North American
company, 47 American Tobacco company.
6 per cent bonds and some Wabash deben
ture B bonds.
ENGINEERS SAILF0R PANAMA
Chairman Shonta, Senator Millard nnd
J. K. Markel Accompany Consult
ing Board to Iatkuin.
NEW YORK. Sept. 28.-The board of con
sulting engineers and several members of
the Panama Canal commission sailed today
for Colon on the steamship Havana. Their
purpose Is to Insoect the work alrAaHu
on the canal and also Its proposed route.
In order to report to the commission the
best kind of a canal td build. In the party
were Theodore P. Shopts, chairman of the
commission; Rear Admiral M. T. Endl
cott, Colonel Ernat anil B. M. Harrodd, all
of the canal coinmlsfcri: Ppeaktng of thu
work to be accomplished. Ir Shonta said:
"Just how long the board of engineer
will remain on the Isthmus I a question
I cannot answer.. I personally Invited them
to visit Panama.
"In theory, the board has considered the
three proposed plans for the building of
the canal, the sea level canal, the lock
canal and the lock and lake canal. They
will give these plans carpfu: consideration on
the ground and then report. It does not
follow, however, that the canal commission
will be bound to follow their advice. If
they give a unanimous report in favor of a
certain kind of canal It Is probable that
the commission will favor that kind of
canal as being the best. If they give a
majority and a minority report It will rest
entirely with the commission which one to
accept or whether to reject both. The com
mission advises the president of It decision
and he In turn notifies congress."
Sailing with the commissioners and the
advisory hoard of engineers on the Havana
were: Assistant Secretary of the Navy
Charles H. Darling; Senator Joseph H.
Millard, of Nebraska; Congressman Irving
P. Wagner, of Pennsylvania, and J. E.
Markel, who waa recently awarded the con
tract to furnish food to the canal employe.
WESTERN MATTERS AT CAPITAL
Number of Postmasters Are Named
for Nebraska and low
Town.
(From a Staff Correspondent )
WASHINGTON. Sept. 2S.-(Speclal Tele
gramsPostmasters appointed: Nebraska
Hecla. Hooker county, Harry L. Brown,
vice K H. Brown, resigned; Hoag. Gage
county. John W. Cooney, vice William
Keefer, resigned; Mead, Saunders county,
Marcia D Williams, vice O. Adams, re
signed. Iowa Farlln, Greene county, John
A. Snlvely, vice Charles Try, resigned;
Foster. Monroe county, Andy H. Ooode!
vice Allen Decker, resigned; Lawler. Chick
asaw county, William Iawrence. vice A.
J. Kucker. removed. South Dakota Blunt,
Hughes county. John C. Smith, vice J, G.
Lllllhtidge, removed.
Rural route No. 4 has been ordered es
tablished December 1 at Guthrie Center.
Guthrie county, la., serving 454 people and
101 houses.
CRUDE OIL PRICES HIGHER
Better Grades Are Put I p Five Cent
nnd Lower Grade Two ,
Crate.
PITTSRl'RO. Sept. 28 -The Standard Oil
company today again advanced the price
of all grades of crude oil. except Raglan.
The higher grade of oil were raised B
cent and the lower grade 2 cent. The
quotation follow:
1nnvLVa,"l.,1R.V.,T,on,1 11 Corning.
11.08. New astle, $1.33; Cahel. Il.M; North
Lima. Mc; South Lima and Indiana, 8flc"
Somerset, 9V, and Raglan. 49o
CHANl.'TE, Kan.. Sept. 28.-The price of
all grade of oil advanced again today.
The greatest Increase is In the cheaper
grades. Fuel oil nd oil grading thirty de
grees were both advanced cents a bar
rel. The scale follows:
Fuel oU. 36 cent a barrel; SO degree
89 cent; degree. 42 cents; 31 degrees'
46 cents: 31 degrees, 4 cents; SJ degrees
51 cents. Thl 1 the first advance in the
price of oil grading 3! degrees since De
cember, 1903.
NEW CENSUS OF KANSAS
Latest Count Shows that Snaflower
tnt Has Million nnd n Half
Inhabitants.
TOPEKA-Kas.. Sept. 28. -The decennial
census Just completed shows the population
of Kansas as enrolled by the assessor In
March. 1806. to b 1.MS.818. an Increase of
tu.t04 over th population as shown by th
4cfMua ot vmr
OLNEY ON HATE REGULATION
Formtf Secretary of Stat Outline! Attitude
of Aiti-Erjai Wing of Democracy.
RAILWAY LINES ARE PHIVATE PROPERTY
Fixing- of Rates by Commissions, He
Says, Are Impracticable and
Probably Inconatt
tut lonal.
NEW YORK, Sept. 28-The reply of the
conservative wing of the democratic party
to W. J. Bryan's recent letter to the
president on railroad rate legislation is
contained In an article by Richard Olney
In the October number of American Re
view today. In what I practically his
first public utterance In two years, Cleve
land's former secretary of state presents
his final Judgment against tbe proposed
legislation. In the form of a brief, covering
not only the law, but the public policy
Involved In the agitation. The following
are some of the salient feature of Mr.
Olney' argument;
The importance of the rate-making
power Is not to be considered simply In
Its relation to the carrier. The moat Im
portant hearing of the power la upon pub
lic Interests the carrier serves. It Is a mat
ter of common knowledge of which the
courts take cognisance without proof that
the great carriers of the present day are
the railroads. It is equally a matter of
common knowledge that the rates charged
by the railroads affect all classes of the
community, that they determine very
largely the outcome of alt private enter
prises and that upon them hinges only Ko
often the material well being if not the
very existence of towns and cities and
seaports and large sections of country.
Surely a power, the exercise of which Is
fraught with such consequences. Is not
to be classed legally or practically with
the power of determining the "cup quality"
of teas. The latter may well be delegated
to an executive officer or board. But to
delegate the former, the ultimate rate
making power of the railroads to such an
officer or board would be a surrender by
the legislature of one of Its most Important
function?.
Railroad Private Property.
In discussing the effects of government
regulation on railroads Mr. Olney says:
The situation to be anticipated then, Is
that railroads private properties and rep
resenting private investments aggregating
billions of dollars will find themselves
cuiiirouea in tne vital mutter of their
charges; not by their private owners, but
i two nuD"c bourds one representative
of local interests and the other of national
nn.-rems anu Doth antagonistic to the In
terests of the private owners concerned.
The two boards will aim at the lowest
possible rates, each In behalf of the par
ticular business under Its charge, and
will therefore be in constant rivalry with
each other in the endeavor to extort from
the carrier the best service at the smallest
fn81, ,r!P,der ,nBe conditions anything
like skillful, Just, reasonable or stable
rate-making becomes impossible. A sit
uation Is created intolerable alike to the
carriers and to the public, and the sure
outcome unless the whole scheme of gov
ernment rate making be abandonod-ls
government ownership.
The significance and Importance of the
inquiry are important if we remember that
the railroad la only one specie of high
way and that what is true of railroad
must be truo of ordinary highways. The
Jurisdiction of tho national government
must he the same in both cases. If It is
competent for the national government un
der the commerce clause to own and ope
rate all the great railroads of the coun
try it must be also competent for It to
own and control and operate all the great
highways of the country. ,
Says Scheme Is Impracticable.
In summing up the opposition to the
proposed legislation, Mr. Olney reached the
following conclusions:
Ours Is a government In both state and
nation by political parties and to political
rate making for railroads rate making by
pohtlclana animated by partisan motives
and working for partisan enda the obiec
tlons of an economic and business charac
ter are on the score of public policy gen
erally as obvious as they should prove
Insuperable.
The purpose of the present paper Is lo
point out that beside such objections, rail
road rate making by the national gov
ernment presents legal and constitutional
difficulties of the most serious character
It raises Issues which concern the division
of power between the several slates and
the I'nlted Slates, which have not been
fully and finally passed upon by the na
tional supreme court, and which. If sub
mitted to that tribunal, half or even a
quarter of a century ago would In all hu
man probability have been determined ad
versely to the Jurisdiction of tlie general
government.
YELLOW FEVER SITUATION
Slight Increase In Mew Cases Due to
Verification of Suspicious Cases
of Day Before.
NEW ORLEANS. Sept. 28 -Report of yel
low fever situation to A p. m.:
New cases
Total to date mi
Deatha .. ' i
T",a' ', m
New foi'l g
Cases under treatment in
Discharged "I.298
The larger list of new cases today Is be
cause a large list of suspicious cases re
ported the day before were verified, but at
that the number of new cases Is small,
and show a steady decline can be expected
henceforth.
Country reports: Tallulah and vicinity,
three new cases; near Napoleonvllle, two
positive, two suspicious cases; Alexandria,
one new case; Terre Bonne Parish, one new
case; Baton Rouge, one new case; Patter
son, eight new rases, two deaths; Kenner,
four new cases, one death; Barataria coun
try, two new cases.
PEN8ACOLA. Fla.. Sept. 2S.-Te!low fever
report to I p. m.:
New cases
Total to date ' iJ!
Deaths- g
Total to date .'!.'!!"." 21
Cases under treatment M
Cases discharged 48
JACKSON. Miss., Sept. 28. -The summary
of new casea Is: I
Gulfport
Hanhboro
Mississippi City
t
1
v icKsnurg
Port Gibson ...
Natchei
TAFT PARTY STARTS EAST
Secretary of War Will Pass Through
Omaha on a Special Train
Sunday Morning.
SAN FRANCISCO, Sept. 28.-Seeretary
Tart and party left tonight by a special
train that Included a baggage car contain
ing trophies In the way of curios collected
by the party in the various countries they
visited and the gifts presented to th sec
retary of war and his party on the cere
monial visits paid by them, and to them
In Japan. China and the Philippines, mak
ing a curious and valuable collection. This
was followed by a diner, two sleepers and
special car "Colonla."
The train will be run over Overland
Limited time through to Chicago via th
Southern Pacific, Union PaclAo'and Chi
cago aj Northwestern, arriving In Chicago
o.-. Sunday evening. Secretary Taft will
leave there lianMsllaueiy via th Baltimore
at Ohio road and arrivs In Washington on
Monday evening, thus making a record run
from tho orient to Washlugloa Ot 'ewrtetn
dajra mid lva &our -
NEBRASKA WEATHER FORECAST
Fnlr Friday and Snturdayi Cooler In
Western Portion Friday nnd In
Kaatern Portion Saturday.
Temperature at Omahn Yesterday I
Hour. Den-. Hour. Org,
H n. m at I p. m M4
" a. m Rrt 2 p. m Ml
T a. ra (Mt a p. m Ml
A a. ni I IN 4 p. m Ml
a. m Tt K p. m St
10 a. in T A p. m "1
11 a. m 7S T p. m T
13 nt a H p. m Tfl
ft p. m 7
PAIR OF PANTSJJELAYS TRAIN
Passenger In Berth, hot Covering for
HI Mether Limbs Had Been
Stolen.
DENVER. Colo.. Sept. 28-(Speclal Tele
gram.) E. D. Hall of Omaha delayed pas
senger traffic half an hour thla morning
by the row he raised over the loss of his
only pair of pants, which had been stolen
from him In a Pullman sleeper. He was
In a through car and when an attempt
was made to get him out so the car could
proceed west he refused to budge. The
officials In despair Anally rushed uptown
and secured him a makeshift covering for
his extremities.
The whole car full of passengers took
part In the search for Mr. Hall' trousers
when the car was approaching Denver this
morning. The victim of the sneak thief,
wildly excited, yelled directions to the
porter and conductor from hi closely
screened section. When he left the train
he wss spearing vengeance at robber and
railroad officials In general and the Den
ver agent of the railroad In particular for
bringing him a pair of trousers six Inches
too long. He admitted that he hung his
trousers on the Moor, but declared In future
he would sleep with them under his pil
low. RELIEF FOR HOUSEHOLDERS
Secretary Wilson Snys Prices for
Meat, Poultry nnd Dairy Prod
ucts Will Be Lower.
WASHINGTON. Sept. 8.-SecreU.ry Wil
son of the Department of Agriculture today
predicted lower retail prices during the
coming winter season for meat, dairy prod
ucts, poultry and other necessities of life.
He says the relief for the householder will
come from the enormous yields of small
grain and corn In the great grain territory
of Illinois, Minnesota, the Dakotas, Iowa,
Nebraska and Kansas.
"Heavy crops," the secretary said, "have
resulted In the return of normal agricul
tural conditions In the great producing
states. The meat producers have been
losing money for the past three years.
Grain cost too much. There was no profit
In feeding, as strange as this may seem to
people who pay such prices as we do for
our meat. But the heavy grass crop of
this year. In addition to the heavy corn
crop and the heavy oats crop, will all com
bine to bring about normal feeding condi
tions. And this means a direct Influence
on horses, beef, pork, dairy products and
poultry." I
PLACE FOR ALL VISITORS TO GO
Bureau of Comfort and Information
i In Young Men's Christian
Association Building;.
In order to accommodate the Immense
crowds that will be In the city during the
carnival season, and to see that each vis
itor Is made comfortable In all regards,
the Commercial club and the Young Men's
Christian association will co-operate In a
Bureau of Public Comfort and Information.
The bureau will be located with head
quarters at the Young Men's Christian as
sociation building on Sixteenth street be
tween Farnam and Douglas. This will be
open early and late and visitors will be
given all needed directions A list of avail
able rooms will be kept, a messenger serv
ice established and everything possible will
be done to secure comfortable accommo
dations for all.
VINSONHALER HANGS ON TO IT
Decides Not to Resign and Take No
Risk' Since Board Won't
Have Leslie.
County Judge Vlnsonhaler, whose con
templated resignation has been the par
amount Issue around the courthouse for
some time, has settled the matter at last
by consenting to keep the old office. I,nte
j Thursday afternoon he found out he could
not win it to cnaries Leslie, his chief clerk,
so he announced that he would not resign.
Judge Vlnsonhaler found that while the
commissioners were willing to accept his
resignation they would not agree to ap
point Mr. Leslie. Rather than let the Job
go outside of the family Mr. Vlnsonhsler
told the commissioner that he would hang
on to It.
NASH WILL PAY ROYALTY
Kotlfles Mayor Ho Will Put Money
Da the City Into Ita
Treasury.
Fred Nash, president of the Omaha Elec
tric Light company haa notified Mayor
: Moorea that he will. In the next few days,
( pay Into the treasury of the city of Omaha
the M.0O0 or $7,000 due as royalty from that
company. This amount Is not due until the
first of the year and the mayor hope that
the gas company will follow suit which will
bring the city out of the deep mire into
which the city father have found that
affairs have been brought.
REHEARSAL F0R BIG PARADE
Float Moa and Horsemen Will Go
Through Their Stunts This
Evening.
A rehearsal will be given tonight at the
Ak-Sar-Ben den on North Twentieth street
for the flostmen and horsemen for the
electrical parade which will be given ntxt
Thursday evening. It Is urged by the
Board of Governors that a full attendance
be pad. The rehearsal will be called
promptly at 7:30 and Samson will provide
lunch after th "work." s
Movements of Ocean Vessels Sept. 28.
At New York Balled: Ultonla. for Liver
pool. At Cherbourg Sailed: Kaiser Wllhelm
II. for New York.
At Queenstown Sailed: Majestic, for New
York; Weaternland, for Philadelphia. Ar
lived: Arabic, from Boston.
At IJverpool Arrived: Carpathla. front
New York. Sailed: Canada and Virginia,
for Montreal.
At Havre Arrived: Barmatlan, from
Montreal; La Tour Ine. from New York
At Genoa Arrived : Prtn Adalbert and
Nord America, from New York.
At Hamburg Arrived: Deutachland. from
AAUw Yoriu Jr-alrir.la. Xxutn Haw Yotlw
JOY TO MULTITUDES
Ak-Sar-Ben Carnival' Second Day Sen
Unhands at Fair.
GOOD START IS MADE TO NEW RECORC
Paid Attendance at Oroindi Far Ahead oi
Last Season' Showing.
MERRIMENT REIGNS ON THE HIGHWAY
Good Natired Tbrcngi Joatle Each Othei
Eaok and Torth.
RED MEN AND WOODMEN OF WORLD
Two Big Secret Societies Will Ba
Especially Honored Today and a
.ew Mark for Friday 1
F-xpected.
King's Highway Program.
Gates open from 9 a. m. until midnight.
Hand conceits, 1 and 7 p. m.
Free Attractions Mine. Ami, aerial artist,
1:85 and 8 p. in.' Phil Green, spiral tower,
4:30 and 10:30 p. m.; Prince Youturkey, hlgl
wire acts. 2:10 and 9 p. m.; sllJe for Hie,
S 15 and 9:5a p. in.
All shows open at 1:30 and 7:30 p. m.
Hancock loups the loop In th stadium
at 3:30 and Ml p. m.
Douglas County Agricultural society ex
hibition. Today is Red Men and Woodmen of tha
World day.
Attendnnce nt King;' Highway.
' 19u5. 194.
First day 8, iS7 1,24
Second day 6,483 6,078
Two little girls met on a public thor
oughfare of Omaha yesterday. One of tho
girls "was smiling, while the other was
crying. The girl that was smiling said. "I
have been to the King's Highway." The
girl with the tears said, "I want to go to
the Klng a Highway." The glad little girl
will take the sad little girl to the Klnga
Highway today, and then both the Utllo
girls will be glad. And so it goes.
Thousands nn around.
Thousands of people visited the Highway
yesterday In all manner of moods, but all
went away In one frame of mind, which
was that of happiness. For those who
feel down In the mouth, are Inclined to
kick their neighbor's dog, don't caro
whether school keeps or not, the King's
Highway Is recommetjded a a sure cure.
Follow carefully th direction given by
Doctors Freed and Bushea and the Board
of Governors and the sun will shine In at
every 'window, the dicky birds will warblo
their sweetest lay and you will forget
about counting the days to payday.
The crowds Jostled good naturedly on
the Highway last evening and tha show
were well patronised. Colonel Dixon, the
educated horse, Is proving one of the pop
ular attraction. The animal must be seen
to be appreciated. Prince Bonnie, said to
be the handsomest boy In the world, holds
levee to admiring audience.
Nebraska Show Starts,
James Walsh, who ha charge of th
Nebraska moving picture exhibition, gave
a preliminary exhibition of the picture
last evening and expect to have thla at
traction complete by Saturday,
Although yesterday waa announced aa
the cpeclal day for member of the Ancient
Order of United Workmen, It Is now stated
that next Wednesday will be the day set
apart for this fraternity. O. J. Van Dyke,
state grand master, and other state officers
will attend.
Today will be Red Men and Woodmen of
the World day.
Bright sunshine and a refreshing breeze
marked the opening of the second day on
the King's Highway. After the noon hour
a generous sprinkling of visitors was noted
and the Indication are that the second
day's attendance will exceed that of tha
first, which was a high mark for th first
day of an Ak-8ar-Ben carnival.
Agricultural Display la Fine.
The Douglas County Agricultural society'
department Is rapidly nearlng completion.
Particular pain are being exercised this
year to have the arglcultural display a
worthy attraction. G. W. Hervey, sec
retary of the agricultural society, and who
la giving his personal attention to the
arrangement of the exhibits, said Thursday
morning:
"I have been In thl business for thirteen
years and you may say for me to tho
visitors of the King Highway that thla
season's exhibits of Douglas county's agri
cultural products will excel sny display
yet made In this county. By this evening
we expect to have the floral, agricultural,
poultry, textile and can goods department
all arranged and on next Monday the llva
stock will be Installed. The show will be
worth coming many mile to see and tha
officers of the Douglas County Agricul
tural society are pleased with this season'
Interest In their department of tha street
fair. We have much more space than last
year and the quality of the displays cannot
be beaten In the slat of Nebraska. Wa
are making a specialty of arranging tha
agricultural exhibits by precincts, ss th
competition between the various precinct
Is keen, as much so a between the various
counties at the recent tat fair at Lin
coln." Prise Winner Compels.
J. If. Tsylor. Frank P. Brown. J. W.
Shoemaker, Charles Grau and J. W. Long
of as many Douglas county precinct, took
collectively at the slate fair the first prle
for the best county collective exhibit. Now
these men are In competition at the King's
Highway for the best precinct exhibit.
L. D. Smith of Valley, has on exhibition
an ear of white corn ha behoves la lha
longest ear of the king of cereal ever ex
hibited In Omaha. The ear I over fifteen
Inches In length.
A scientific examination wa made Thurs
day morning of the petrified woman now
being exhibited on the Highway, aa tha
Board of Governora la not Inclined to tol
erate any fakes on the carnival grounds.
The result of the examination wa that
one and all are satisfied the petrified form
Is nothing else than that of a woman, evi
dently of the Altec rare. Th body waa
found by Dr. Ole Wakeeson near Flag
staff. Arlx., while the doctor was making
researches In a petrified forest In that part
of the country. The petrification show
the woman wa scalped and on her arms
sre marks of what la known as the "Asteo
murder sign," indicating tk woman Was
murdered. At the throat are indications of
an Incision. This Is th only petrified
woman yet brought to light.
Everybody Will Be tinod. .
Doc Breed, director of th carnival, and
Harold A. Bushea, superintendent of the
amusements, wish to remind visitors to
ths carnival grounds that good conduct
will be strictly maintained on th King's
Highway, It u expected and desired that
all have a good time In every way that
the word Implies, but liberty must hot t
mistaken for license. The order of Wednes
day evening waa excellent.
PwlBg- to a number ot ptMlooa p( pub