Daily
Peculiarly a Home Paper
THE BEE
Omaha's Model Newspaper
THE BEE
ESTABLISHED JUNE 10, 1871.
OMAHA, TUESDAY MORNING, OCTOBER 24, 1005-TEN PAGES.
SINGLE COPY THREE CENTS.
The
Omaha
Bee.
PACKERS PLEAD BAR
Allege OoTtrnment Officitli Secnie Efi
dence from Books Compulsion.
SAY ACTION IS NOT WARRANTED BY LAW
Tie of Evidence Collected by Commerce
Drpar.ment Alleged to Be Illegal
CLAIM THE CONSTITUTIONAL EXEMPTION
Ask that Indiotmeot Be Declared Void
on All Conn. a,
GROSSCUP INJUNCTION IS CITED
Allegation Made tlaat Actios of (tilt-ago
Jails PrrTrnli Farther Pro
ceeding; la Matter by the
bovrrnmril.
i ...V.AGO, Oct. '.'a --Declaring that testl
liini I lie packers were compelled to pro
duce before the secretary of commerce and
labor used by United Slates District At
torney Morrison In Obtaining an Indictment
gainst the packer and alleging that Inas
much aa the same Issues as mentioned
In the Indictment were raised and disposed
of In an Injunction writ Issued by Federal
Judge Orosscup. the packers who are under
federal Indictment here, charged with Il
legal conspiracy, today again attacked the
famous so-called "Beef trust" process. A
ipeclal plea Ip bar and an additional special
plea In bar were (lied by counsel for the
packers. The nature of the special pica In
bar was a surprise to the government of
ficials, although they were aware of what
would be pleaded In the additional plea
the Issuance of an Injunction by Judge
Orosscup.
Object o Government action.
The special plea seta up assertion con
cerning Investigations by the commissioner
of corporation and alleges that the de
fendants were compelled to testify and to
produce certain books and other data, and
' that thereafter the matter was submitted
to the president of the United States, and
finally to the United States district at
torney here, .nd that the district attorney
used the material n seeking Indictments
against the defendants. Because of these
alleged facts the defendanta ask that the
Indictment be dismissed.
Regarding the Orosscup Injunction, the
plea filed today maintains that by the
prosecution of the Injunction and the entry
of a final decree by the supreme court
"the said United States .of America did
finally arid fully elect to pursue that
remedy, and not to prosecute the defendants
respectively for or on account of the said
supposed engaging tn the supposed con
spiracies, which Is In said Indictment men
Honed, or any or either of them, and that
of this they respectively put themselves
upon ton country."
Investigation la get l.
' The special plea. In bar declares that the
Fifty-eighth congress of the United States
nsssed a resolution directing the searctary
f oonrmerc: end ;Ubor"t Investigate the
cause of low prices tn beef cattle and the
alleged , unusually large margin between
rattle prices ar-4 the cost of dressed meat
to the consumer. The secretary directed
the commissioner of corporations to make
a diligent investigation, which, It Is al
leged In the plea, he did. His investiga
tion included, among other things, the
transactions, matters and things averred
In the indictment. This investigation was
pushed In the following cities, among oth
ers: Chicago, South Omaha, Kansas City,
Mo., Kansas City, Kan., Sioux City, Fort
Worth, St. Joseph, Mo., Los Angeles and
East St. Louis, 111. Then it is alleged:
On March 7, 1904, and on divers days there
afterwarda and before the finding of the
Indictment the defendants at the aforesaid
mentioned places and at divers other cities
at the instance, direction, requirement and
compulsion of the commissioner of corpora
tions did attend before blm and testify with
respect to the divers transactions, matters
and things directed to be Investigated.
"This defendant further says that on
March t, 1906. and divers days thereafter
wards, the commissioner reported the in
formation so gathered to the president of
the United States, and embodied It in a
. volume Containing 361 pages, entitled, 'Re-
(u.i I nf 'th. f ,tmmllLillnn. .if Pnrnnrallnn.
i un iApe' Industry.' "
Th Jj -.4 -flleU as "exhibit A," and Is made
I a pa.'t of the pleas.
Cllnt Constitutional Exemption.
Then It is alleged that on March 20. 19u6,
the report, was fi.-nlshed United States
District Attorney Bethea In Chicago, and
thut the facts contained as secured by
the commissioner of corporations was used
by the dlHtrlct attorney and the grand
lury in conductnlg the Investigation, re
lulling In the returning of the Indictment
by the special grand Jury, and was also
uced in preparing and searching out other
evidence used against the defendants, and
Is now being used to search out evidence
to be Used in the trlul of tho. beef cases,
The special plea concludes with the follow
ing statement:
And this deremlunt avers and submits
mat unoer aim oy me laws of the Lulled
Slates In this behalf, hfcuust uf the prem
ises aforesaid, this defendant rmin.n K
prosecuted r subjected to any ix-nnlty or
lorieuure lur or on account of the re
spective transactions, matter or things,
or liny Or either of them which are In
said indictment or any count ih-reot In
that behalf mentioned and charged ugtlnst
this defendant in manner ami foii.i aa
name are in said Indictment and In tlie
respective counts thereof chaiged against
the defendant.
Tlfeivfore he prays Judgment and lhat
by the court here he may be dismissed
and discharged from said premises In said
Indictment and each count thereof siiecl
flcd Samuel A. McRoberts. agent of Armour
Co., filed a separate special plea, tn
which he seeks Immunity because he tes
tirted before the grand Jury which after
ward returned an Indictment against him.
Under a federal statute It Is alleged no
person shall be prosecuted in the case In
which he testified, if he is compelled to
lesdfy egslnst himself. This plea Is held , gtlles produced Us per cent of the worlds""'' applicant to purchase should be re
lo be good by msny and. although it aillj Known output of-gas, the value being i Quired to file an affidavit at the end of
be vigorously attacked by the government, i .tmi. Four states-Pennsylvania. West ' eaeh yrar howl"s" how many head of cattle
It la declared there is a likelihood of tiie , Virginia. Indiana and Ohioproduced 93 1 1 ""d 1'en 'rated on the land during the
; is aeriarra mere .a iiaciuiooa oi me
Hashing of the Indictment in the case
f McRoberts. The other pleas are not
eld to be of great importance by the
of
h
government. District Attorney Morrison
has not . yet decided what action to take
i-oncernfng them.
RECTOR FOR OMAHA CHURCH
Sarlnaueld Man Cornea to St. Andrew's
F.plscopallaa Parish In
November.
i SPRINGFIELD. III.. Oct. 23.-tSue.-lal
' Telrgram.V Re. Merlon W. Roas has re
V
signed aa vicar ot BU John's Episcopal
church In this city to accept the position
i of rector Of St. Andrew's church. Omaha-
He will leave Eoringflelil November IX
MORE IRREGULARITY ALLEGED
Policyholders of Wrtrrn Life In
demnity Make ew (hirin
A an I ant the Officer".
CHICAGO. Oct 2?. Additional charges
against officers of the Western Life In
demnity Company are made In an amend
ment to a supplemental bill for an Injunc
tion filed today by attorneys for the policy
holders. The new charges are based on
the rnntents of a report by the state su
perintendent of Insurance. r"nunsel for the
officers nf the company vigorously objected
to the motion for leave to amend, and
declare,! that the bill had already been
mended several times. The court over
ruled the objections.
Th plemental bill sets up that three
dlrec! i who purchased S.n.10 shares of
stool i the Security Life and Annuity
Com) Z acted without legal authority.
It In - la red that aa a result of flagrant
mlsr pement ot the present officers the
tola. tets of the Western Life and In
dent Company will not exceed SlSO.nnO.
XV
, Gray Is accused of being In a
'ry with President Moulton and
,' Manager Roeenfleld to wreck the
V. and If is alleged that dray was
Ivlsed of the purchase of stock In
nrlty Life and Annuity Company,
lent Moulton is charged with pub
com
Oer
con
full
the)
P
lishing and circulating false reports alleged
to have been Issued by the state Insurance
department" for the purpose of allaying the
fears of policy holders and Inducing them
to withdraw their opposition to the present
regime.
In conclusion the bill declares that '"the
K.ono shares of stock of the Security Life
and Annuity Company was never Intended
as an Investment, but was a fraudulent
use and misappropriation of the property
of the Western Life company and was
one of the steps of Rosenfleld and his
co-conspliators to consumate their precon
ceived scheme for obtaining Ahsoliite con
trol of all the property end assets of the
Indemnity company and appropriate the
same to their own use and thereby cheat
and defraud the policy holders and death
claimants."
The court gave the respondents ten days
In which to file an answer.
WESTERN MATTERS AT CAPITAL
Number of Postal Appointments for
Nebraska and Month
Dakota.
(From a Staff Correspondent.)
WASHINGTON. Oct. 23.-(8peclal Tele
gramsMark T. Hunter has been appointed
postmaster at Winnebago, Thurston county.
Neb., vice R J. Osborn, resigned.
Rural carriers appointed: Nebraska
Amherst, route t, Wesley Monroe, carrier;
fames Hampton, substitute. Archer, route
1, Deacon Gardner, carrier; Elislia H.
Trebllcock, substitute. Clearwater, route
2, Thomas Rutledge, carrier; Mrs. Mary
Rutledge, substitute. Red Cloud, route 2,
Charles Kent, carrier; James Lindsay, sub
stitute; route 4, George Murtlndale, carrier;
Frank Henzon, substitute. South Dakota
Spearttsh. route 1, Shelby S. Reed, carrier;
Horace W. Reed, substitute. Yankton,
route S, George F. Ray, carrier; Margaret
Ray, substitute.
The application of S. C. Parks Jr., John
E. Kearns, F. W. Bent, S. S. Newton and
S. C. Parks to organise the Shoshone Na
tional bank of Cody, .Wyo., with (25,000
capital has been approved by the comp
troller of the currency.
TEXTILE MEN MAY STRIKE
Manufacturers' Association Refuses
Restoration of Old Scale
of Wages.
FALL RIVF.R. Mass., Oct. 23.-The tex
tile situation here tonight was more criti
cal than it has been since the strike of
last January. The Manufacturers' associ
ation, representing all the print cloth mills
In the city, with the exception of those I Some have suggested that if the law al
controlled by M. C. D. Borden of New j lowed them to use the land for grazing
York, held a meeting this afternoon and i In the summer months and permitted them
voted to refuse the request of the textile ! to live elsewhere during the winter It
council for a direct restoration of the
wage that applied previous to the 12 per
cent reduction of July 2. 1901. The action
of the association will be considered at
special meeting of the textile council to
morrow night, when it Is probable the en
tire matter will be referred to special meet
ings. The men fear that another strike will be
decided upon by the unions, but it is im
possible to indicate what action the opera
tives will take.
At the six mills of the Full River Iron
works, owned by Mr. Borden, the wage
scale of 1904 was restored fn full.
ACCIDENTS 0N RAILROADS
Death Mat for Mt Year la Him, While
Xeutber Injured Is
13,733.
WASHINGTON. Oct. 23-Durlng the
twelve months ending June 30. 19"5, ko per
sons were killed and 13,733 Injured aa the
result of accidents on railroad trains, ac-
cording toa report of the Interstate Com-
nierce commission, issued today. Comparl-
son with 19o4 shows an Increase of eleven i the land for grazing purposes, its real j not Intend to go outside his own Uepart
kllled ami 4,123 injured, among passengers Value being the amount of beef it will ment for the additional inspectors of meat
una cnipioyep. wie increase in Kiiiea being
wholly among passengers, while the num-
ber of employes killed shows a decrease ; sold to Individuals In limited tracts, ar
of 108. There were 1.231 collisions and runging that the purchase of one Imll
l.o35 derailments, of which lii3 collisions and vldual should rot be more than would
168 derailments affected passenger trains. 1 properly graze about 3C0 head of cattle.
The damage to car, engines and roadway
hy these accidents amounted to S-.U0.frn.
FIGURES ON GAS INDUSTRY
lulled Mates Produces Mncty-Elaht
Per Cent of the Output of
the World.
WASHINGTON. Oct. 23.-An Important
report Khortly will be is.iued by the United
States geological survey on natural gas and
Its nroductlon and consumrtion.
It will show that In lOOi tho United
i Virginia. Indiana and Ohioproduced 93 6
rent of the output in the United Slates,
: Pennsylvania leading with 47 per cent of
j tne w hole amount.
HOME MISSION
OFFICERS
Woman's Society of Methodist Church
Klects Mrs. Clinton B. Flsk of
Sew York President.
INDIANAPOLIS. Ind., Oct. 23.-The board
of managers of the Women's Home Mis
sionary society of the Methodist church to
day elected these officers:
President, Mrs. Clinton H. Flok. New
York: ttrsi vice pretudrnt. Mia Jdiia Bn
crott Rot Inson. Detroit; corresponding sec
retary, Mia. Delia 1-athrop Williams. Drla-
are, O.; treasurer, Mrs. George 11. Thump-hlk.
LAND f OR THE PEOPLE'S USE
Horthweit Vebraika Onjfht to Be Given
Over to Praotioal Fnrpoaee.
WHERE FINE GRASS NOW GOES TO WASTE
Practical Notation for the Question
of How to Settle the Sand Hills
la Offered In Proposed
Law.
(From a Staff Correspondent.)
RUKHVILLE. Neb., Oct. 23.-l8peclal.)-Further
investigation in the cattle country
of Nebraska only confirms conditions as
they were found south of Ainsworth. vis:
That thousands of acres of the finest graz
ing lands are still unused and the future
outlook indicates that this waste of beef
producing area will continue Indefinitely,
unless conditions are Improved.
South of this place is really the "pre
serve" of the big cattle Interests, which ex
tends west to the state line. Considerable
more farming wss met with about Gordon
than was expected. In fact the crop con
ditions were never better than this year In
western Nebraska and. the cattle men here
are doing well and will continue to do well
If they can keep out of Jail, but the fact re
mains that there Is room for ten times the
number of cattle that IS being grazed In
these parts. The loss of beef-producing
material In the shape of natural grass that
is going to waste Is so Immense that it
should have the careful thought and at
tention of our thinking men.
Many Ideas for Improvement of condi
tions are advanced. Those who have fences
do not regard themselves as bad men; they
stoutly maintain that they are Interfering
with the rights of no one, simply trying to
make uso of that which Is going to waste.
It appears to be only a question of In
terests. Most people can bring their con
science around to agree with their business
policy, and those who have had up unlaw
ful fences consider themselves no worse
than a saloonkeeper who keeps hlJ place
of business open a few hours on Sunday
for the benefit of his customers. They
look upon the fence law about the same as
people In the cities and elsewhere look
upon the' no-treat law.
Flllnora In Cherry Connty.
About half of the land in Cherry county
that was vacant when the Klncald law was
passed has been filed on under that law,
but there is yet vacant 600,000 acres or more
In the county, which naturally includes the
poorest lands. A good many settlers have
moved Into Cherry county during the last
year, but it is very plain that many of the
filings were made by persons who were not
prepared to move onto their lands and use
them for what they are best adapted. As
. . A ..It
a matter of fact row people wno can i
mu n llvlnr where they are desire to i
move their famines out into the prairie miles
away from schools and churches, and It
cannot be gainsaid that quite a percentage
of the filings have been made by persona
with the same Ideas as those who filed for
registration on the Rosebud lands with a
hope of making money out of the filing
without actually residing on the land. This
being ths fact,' make ftjndlUons more lonr
some and undesirable for those who do
actually reside on their homesteads.
It must be plain to thinking men that the
past and present methods of settling up
western Nebraska Is unsatisfactory. Those
who are honest and want to live up to the
requirements of the homestead laws are
expected to do too much to get title to
these lands. They observe lax compliance
with the homestead laws all around them
by persons less conscientious and do not
feel that they are getting a square deal.
In many Instances It la necessary to take
their cattle away from the homestead dur
ing the winter In order to get hay to feed,
as there is really nothing to keep them
on the land during me winter montna
! would be a relief. This Idea Is suggested
I by those who favor the adoption of what
.. . ... " "-- i"-'"
vhUi 1t,h", 'lme",e,,der" for'" "flcts
to be divided into ten-acre tracts for win-
ter homes for the homesteaders, the vil
lages being located ln the hay districts,
all homesteaders being allowed to live In
the village during the winter months,
where they might have good schools,
churches and other desired advantages of
civilization.
Sale of laoccupled Lauds.
The Idea Is advanced here as well as at
Ainsworth thut the grazing lands not now
filed upon should be sold to persons to use
for grazing purposes, and that while the
law should compel the use of the land by
the purchaser It should not undertake to
make him live upon the land unless he so
denlred.
The most sensible suggestion so far ad
vanced proposes that a law be passed
throwing the remaining public land in Ne
braska open to purchase on some such a
plan aa the Omaha Indian lands were sold
the price per acre being fixed by congress
i at something near the value of the land.
j taking Into consideration the real value of
actually produce irom year to year. The
advocates of this plan would have the land
Those who are owning and occupying their
homesteads now would be glveu thirty
days' preference right to purchase any
vacant lands adjoining their present home-
steads. One-sixth of the purchase price
would be paid down at the time the land
Is bought from the government and one-
Bixu. cacti ?trr int.iri&i ler tor
fter for the next
plan patent would
irs after the land
five years. Under tills
not Issue until five yeai
had been bought, and when the five years
was up the purchaser would be required
to .make proof about the same as the
present practice, only that residence would
"ol nave lo "nown. as a safeguard
1 nl, "" r " nu uunng tne
j calendar year. The law should name a
minimum number required to be grazed in
' order that if the number was not grazed
the purchase be cancelled and some one
else allowed to buy the land. The amount
of improvements required should be les
sened. The Idea of requiring $a00 worth
of improvements on S worth of land is
Impractical. If permitted to stand It will
pe a breeder of perjury.
Would Interest Capital.
Such a law would permit farmers, mer
chants, professional men and others tn
the eastern part of the state to engage
in the cattle business .and hire some one
to look after their stock. Persons who
bought tkese lands and did not have cat
tle of their own could get cattle to care
(CouUnutii en Second Page.)
JERRY SIMPSON PASSES AWAY
Former Kansas 1 trrnmii
Pled
at Wichita at HrOB This
Moraine.
WICHITA, Kan., Oct. SR. Jerry Simpson
died at t:t o'clock this morning.
Death wss caused hy aneurism of the
aorta. Mr. Simpson sun" boen In ill health
for nearly a yar. Six months ago he con
sulted a specialist at Chicago, who pro
nounced his case hopeless. Burial will take
place at Wichita. Th Masonic order will
have charge of the funeral.
Ex-Congressmau Simpson was born in
New Brunswick on March HI, W2. At
14 he began life as srllnr, and during his
twenty-three years following that pursuit
commanded many large vf)w nn the
Great lakes. In the -tvll wsr he served
In the Twelfth Illinois Infantry. He came
to Kansas In 1S7S. f rlglnally he was a
republican, but later became a green
backer and populist, r- wa a member
of congress from 1WI f-l9S and from 137
to 1KH, being nominal'- the Inst time by
both the democrats Sin populists. After
he left congress he noved to Roswell.
N. M.. where ho engage-! up to the time of
his death In stock tr -ting. He returned
to Kansas a month itn and entered a
loesl hospital for treat-' ent.
His condition becan hopeless ten days
ago and since then t; e patient kept alive
principally by sheer ' mc of will. His
wife and son were at 'he bedside at the
time of death.
Mr. Simpson wss c -scions up to five
minutes before death. end came with
out a struggle.
It la believed by his (Mending physician
and by Mrs. Simpson I'at Mr. Simpsons
trouble originated In campaign of 1900,
which was particularly wearing upon him.
At the close of the mmpalgn he was
greatly fatigued, and a ' unusual ejertlon
was followed by a cou and a pain near
the heart, that gradu ly grew worse.
When he removed to -wwcll, N. T.. in
1902. he sustained a sir it in packing that
aggravated his trouble.
WASHINGTON. Oct J.-The "Sage of
Medicine I.odge." as J ry Simpson was
called, was in many r pects one of the
mutt uniniio liiimcter vhleh adorns the
history of congress. 1r.- was swept mto
the Fifty-second congrr- by a wave of
Kansas populism, ehtrx wlth ,ne taRk
of reforming the wholr government and
living down the only go' ance information
his colleagues had of hi personality that
he wore no socks. The ! tter task he suc
ceeded In accomplishing in fact, although
he never quite lost tlv title, "Bockless
Jerry." His legislative accomplishment
consisted In turning pop ar eastern senti
ment regarding populls; i from scorning
ridicule to respectful cor ilderatlon during
his service of six years in the Fifty-second,
Fifty-third and Flfty-f.ftl -ngrresses, when
he was swept out by anot' jsr Kansas wave.
There was not a questioi. of congressional
action during that time "on which Jerry
BlmpBon dld not thInk , ) (j on whlch his
. . ;t,iiu nA n.
conclusions were not s'tiklngly and en
tlrely different from the Of anyone else.
His language and mant. of speech were
quaint to the highest de 'ee. Jerry Simp
son always tried to hia.) bis adversaries
look ridiculous, always tjp '-w new light on
every subject, made S A 'V sonal friend of
every member of the d nl" Jllt
leal opponents deduct'! - -.tr changed a
vott on ny -question ofv. jislavloa.- As fta
entertainer and as a penbnaltty the house
came to have the warmest regard for him.
NEW YORK DRIVERS TO STRIKE
Demand of the I nlons for a Closed
Khop Causes Deadlock at
Conference,
NEW YORK. Oct. 23 Preparations to
".,..
New York teamsters were made today by I
the eatabllHhment of a strikebreakers'
headquarters by team owners who fear
rnur iiif r nrn pra iiihv zu un sitihh uv
tonight.
At a conference between Thomas Orr,
the truck owner, whose drivers are already
on strike, and. the unions demand for a
...... i
closed shop caused a deadlock in the con
ference.
Mr. Hunter Issued a statement tonight
uec.ar.nB mat me .aawmuun wa. ... .avor
of the "open shop" and had the support
of the merchants of New York. This In -
dlcates that the team owners' assocla-
tlon will stand by Thomas Orr ln his fight
against the Teamsters' union.
The New York district council of the
International Association of Teamsters will
meet tomorrow to decide on what action
to take. According to many of the dele
gates, a strike will be declared probably
Wednesday morning. A few of tho dele
gatea. however, want to hold off until
they are better prepared. Their treasury
Is almost empty, for the New York team
sters sent the Chicago strikers S20 a week
for months.
PLAN FOR INSPECTING MEAT
Field Men Who Have Generally Been
Dispensed with In Winter Will
Be Given Inside Work.
WASHINGTON. Oct.
I. Contrary to
I general expectation Secretary Wilson does
I it is proposed to employ unaer tne govern
ment's new plan, requiring the packers to
pay for their own labels. Heretofore at
this season of the year. It has been the
custom to dispense with the services of a
number of field inspectors, but In view of
I the additional sum which will beat the dis
posal of the secretary after November 1,
; the date when the new order goes Into
! effect, a number of these Inspectors will
; be retained and a number assigned to the i
! packing houses. These men, It Is said, are '
especially adapted for this duty tnd will
I so materially Increase the Inspection force
i as to obviate the delays and complaints
! occasioned In the past by Insufficient funds
to carry on the work.
CUNLIFFE DENIES CHARGES
Robher of Rspress Company Says
Detectives Have Not Mistreated
Him In Any Way.
PITTSBURG, Oct. 23 A' second informa
tion, charging larceny of S7SO on or before
October t, the day he disappeared, was to
day lodged against E. G. Cunllffo by C.
H. Htner. general local agent. of the Adams
Express company. Cunllffe waived a hear
ing nn this charge, which will be presented
to the grand Jury tomorrow.
At a late hour Cunllffe voluntarily handed
to H. W. Bearce of Philadelphia, general
superintendent of the Plnkerton agency, a
letter denying published reports of 111 treat
ment and stating that his treatment had
been kind beyond his expectations. Several
tnemtiers of Cunllfte s family, who were
present during the long examination Thurs
day night corroborated hla statement, and
Mr. Pearce said that a number of papers
that had printed the story of eruelty would
to called ou lo retract.
ROADS PREPARE TO BUILD
Burlington and Union Faoifio Both File
Amended Artiolei of Inoorperation.
STRUGGLE FOR BUSINESS IN THE WEST
Lincoln, Kl(h and Deuel Counties on
Proponed Line of Both Roads
Through Western Part
of the State.
(From a Start voi respondent.)
LINCOLN, Oct. 23. (Special Telegram.)
Both the Burlington and Union i'aoinc
railroad companies filed amended articles
of Incorporation with the secretary of
state this morning for extension of their
lines. Both will cover praetically the
same territory, the I'nion Pacific on the !
nortn side of the Flatte and tle BurllnK- . dlvlduals for the construction of any por
ton on tho south side of that river in the lion or all of the Panama canal. This
western portion of the state. i statement was made by Secretary Taft
The Burlington branch will be 2o0 miles while discussing conditions upon the Isth
In length and will start near Bridgeport, mus and the policy of the government.
In Cheyenne county and through Deuel, There Is some doubt In his mind whether
Keith, Lincoln, Dawes, Frontier, Gosper, any concern would be willing to undertake
Phelps and Into Buffalo county, with a j the excavation of the Culebra cut be
termlnal near Kearney, or Lowell, or Hoi- j cause of the magnitude of that work. It
drege, or Somerset, In Phelps county. i Is not the excavation that will be so dlffl-
The Union Pacific will begin at O Fallon, I cult so much as the disposition of the
In Lincoln county, and run to Northport, i earth taken from the cut, but as to the
In Cheyenne county, which is across the 1 other work the government will be ready
river from Bridgeport. It will go through ;
Cheyenne, Lincoln, Keith and Deuel coun
ties.
Breaks Old Aarreement.
The action of the Union raclflc and the tn" preliminary stages of the work because
Burlington railroads tn filing amendments tne Kvernment had to prosecute the con
to their articles of incorporation for exten- ",r,K'tlon unt" Us officers knew what was
slons of their lines In the western sec- to be dnne and n"d sufficient knowledge of
Hon of the state, both tapping practically tl"' conditions to pass upon bids and make
the same territory, means the end of the J J,Kl '"""" contracts.
agreement between the railroads which has ! PANAMA, Oct. 2J.-U being persistently
been In effect for the last twenty years, not rumore1 in th" canal sone that Chief En-
to build Into the territory of the other. I "lne'r John F- Stevens Intended reslgn-
Thls Is the opinion of one who has long 1 ln' Mr' Bteven n Interview today.
. . mill.
ocen identified with the railroads .and
knows the Inside workings of the various
roads. He said:
"The first break came over the Ashland
cut-off. Prior to that time the Burling
ton south Flatte territory was threatened
If tho Burlington built Into Sioux City.
The Burlington failed to heed the warn
ing. Then came the Interurban, securing a
right-of-way which it is confidently be
lieved will be taken up byt the Union Pa
cific and Northwestern to tap the south
Flatte country.
"The breaking of the agreement will
mean a lively building of railroads In Ne
braska, and will menn much to . the small
cattlemen and farmer. Heretofore the
small cattlemen have been at the mercy
of the larger stockmen because they had no
way to ship their cattle. The Burlington
branches extend out Just like the fingers ,
of a hand, and many of them end In a
cornfield or some little town without going ,
anywhere. It is the same way with the
Union Pacific, while' the Missouri Pacific
has never tapped the cattle country at all.
It la all due to the agreement. Now then
the Missouri Pacific will tap the cattle
country and there will be a lively scramble
for the business.
May Be Old Came.
"There Is n. reason for the people to be
getting fcaelteo over these-' vjefonslone, how
ever, aa they may never be built, except
for the North Platte cattle country. It
may be a scheme on the part of the allied
roads merely to allay the opposition to the
railroads and the regulation of railroad
rates. That has been done In this state
before. For instance, when the north and
south line was built through the state to
the gulf. In nearly every town along the
proposed route prominent citizens were
named on the board of directors, and in this
way what opposition there was to the
. A. Vl. .,,h,,. -r,..
I f niB.terlajlat!(i. incidentally, there are
j enough .takes ln corn nelds and along the
public roads which mark proposed railroads
i that have never been built to keep the
roads busy fur many years constructing.
"However, the situation looks good and
there seems to be little doubt that Ne
braska, which has been absolutely con
trolled by the railroad agreement Insofar
as extensions are concerned. Is about to
fa d j 8noul(1 the extensions be
u,t ,t wiu mean everythln8- t0 the 8maj,
i ., i ...... ,m
) ucaici fl.nu ..,,.:., .1. viib vircjr w.i.
, . ., , ., ,K. ,,!,,. ,i,u.
out going through the big fellows."
DAKOTA STOCKMEN INDICTED
Federal Grand, Jury Takes lp the
Fencing- of Government
Lands.
SIOUX FALLS. 8. D., Oct. 23. (Special
Telegram.) The United States grand Jury,
now in session in this city, today returned
Indictments against George B. McPherson
and John H. White, prominent stockmen
living ln western South Dakota, on the
charge of unlawfully fencing land which
belonged to the government.
The reporting by th grand Jury of those
cases indicates that It has taken up the
large number of similar cases which are
pending before tt. There are not less than
fourteen other cases in which the defend
ants are charged with the Illegal fencing
of government lands yet to be disposed of
by the Jury.
"No bill" was returned In the case of
Aaron Beurbonais of Kvarts, and he will
at once be released from custody.
SIOUX FALLS WINS ITS SUIT
South Dakota City ' May Build
Water Works on Its Own
Account.
j WASHINGTON, Oct. 23. The supreme
court of the United State, today dismissed
! the appeal of the Farmers Loan and Trust
j company of New York and others In their
case against the city of Sioux Falls. S. D.
The case Involved the right of the city i
to purchase or construct water works, the
appellants contending that a prior contract I
with them and their predecessors to supply
water to the city should render such pro-
ceedlng illegal. The circuit court of ap-
..l. tnr the Flrhth circuit .h-
case favorably to the city and today'
decision ha the effect of affirming it
HARROUN CASE ON TRIAL
Grain Dealer Charged with Forglu's;
Bills of Lading; Arraigned at
St. Joseph.
ST. JOSEPH. Mo.. Oct. 23.-The case of
W. H. H.rroun. charged with forging bill,
of lading of the Chicago, Burlington
Qulncy Railway company to the amount of
S1.0.t..MV. was forced to trial in the criminal
point here today. before Judge A. D.
Burns. The attorneys for the defense
sought a continuance, but their efforts were
unavailing. Most of the day was taken
up wiin inn wora or securing a jury aud
UlUe evidence iu introduced.
NEBRASKA WEATHER FORECAST
Rain Tuesday. Wednesday Fnlr nnd
Colder.
Temperature at Omaha Yesterday!
Huur. Dee-. Hour. lesr.
n a. m 40 1 p. m "3
a. m 3T 1 p. m
T a. m im n p. m
st a. m nn 4 p. n
A a. m ftn eg p, m R
lo n. m 4H A i. tn "
It m 4t T . tn M
1 m , . IV I p. m 'HO
9 . m 4I
MAY LET PANAMA CONTRACTS
Kovernment Mar Decide to Construct
the Canal Through Instru
mentality of Others.
WASHINGTON. Oct. U.-The government
of the United States Is willing to enter
Into contrarts with -corporations or In-
to enter Into contracts for its completion
as soon as It Is determined what type of
canal shall be constructed. It Is stated
that contracts could not he made during
! tald:
You can deny the report. There is ab
solutely no truth In It. I am satisfied with
my work In every way and. God willing,
I will remain here until the canal Is fin
ished. Mr. Stevens went to Colon yesterday to
examine the preliminary work on the sys
tem which Is to furnish the water supply
of Colon, which will be completed next
Dece; iber.,
NO DEATHS F0R SIX DAYS
Yelloir Fever In New Orleans Prac
tically Over and Quarantines Are
Being- Raised.
NEW ORLEANS,. Oct. 23. Report of the
yellow fever situation up to 8 p.m.:
To,R, lBm' "f";' J;;",".'"""'""" s
Total number of deaths to date 435
Cases under treatment M
Number of cases discharged to date. ...2.867
With six consecutive days without
death from the fever and only sixty-three
cases under treatment, the confidencev in
the eradication nf the fever Is widespread.
although there has not been a sign of
frost yet. The loosening up ot quarantine
restrictions is still going on. in Texas and
Mississippi. In Texas restrictions on
through traffic have been modified. Accord
ing to this difcpatch received, by Dr. Willis
froth Dr. Tabor:
"Will accept certificates from your of
ficers of passengers through New Orleans
in screened vehicle, no stopover except in
screened rooms under your supervision,"
Formal notification of the raising of the
Arkansas quarantine was received today.
VICK8BURG, Miss.. Oct. 23. Further
evidence that the yellow fever epidemic
here Is over was Surgeon Gulteras' action
today in discharging all the acting assist-
-nt ' arln. hosoital suraeons four In nura
nt mar,n Hospital surgeons, tour in num
ber.
For the twenty-four hours ended at 4
p. m. three new cases of fever were re
ported, two of which were outside the city.
PEN8ACOLA, Fla., Oct. 23. The yellow
fever summary tonight:
New cases 7
DeathB today 2
Total number of deaths to date 6S8
Number of cases discharged 33
Number of cases under treatment 97
THIRD REBUFF FOR DUNN
Chicago City Council Taking Its Own
i
Time for Drafting Tractloa
Ordtaaace.
CHICAGO, Oct. 23. Mayor Dunne was re
buffed tonight for the third time In his
effort to secure the passage of an order
restricting and directing the activities of
the council committee which la dealing with
the local transportation problem. Dropping
all mention of the two plans he has here
tofore submitted to the council, lie sub
mitted a message attaching a blanket
order Instructing the committee to consult
with the legal department of the city with
a view to drafting an ordinance on the
terms provided by the Mueller bill, which
means that the street railways may be
acquired within a given time by the sale
of certificates. The committee was In
structed to give this plan precednee over
all negotiations riow pending.
The council by a viva voce vote deferred
action In order that the message might be
published.
RATES ON DRESSED MEATS
Both Sides File Briefs in Suit
Against Great Western and
Other Railways.
CHICAGO. . Oct. 23Briefs were filed
with Judge Bethea In the United States
circuit court here today by the prosecu
tion and defend in the suits of , the Inter
state Commerce commission and the Chi
cago Great Western Railroad company
j Tna ,ult8 are looki t drew fmm
' jude Bethea adjusting the t ,
at k .,, Art.H.Z, ..., . , on "v
iia aeven omer transportation companies
! 1!?.'"" fTom
Missouri river points to Chicago. The tes-
tlmony and argument were ended a week
ago before Judge Bethea. and he took the
.......-.-..-., imm tne attor-
I ney" Aa to fi,e brlef containing
! a"thf,r,tlp rd answering several questions
I con.ro rrsy.
.ii urLiniuii 111 me case is
not expected for at least a week. .
Movements of Ocean Vessels Oct. 2.1.
At New York Arrived: Celtic, from
Liverpool; Minneapolis, from London; I"m
brla. from Liverpool; Statendam, from Rot
terdam; Finland, from Antwerp. Bailed:
Germanla, for Naples.
At Movllle Arrived: Furnessla. frnm
) New York.
At Dover Arrived: Kroonland, from New
i lorn.
At Tendon Arrived: Mlnnetonka, from
N!wJork' a r .
i T&F'&rt"" Y?t; '"pomJr!
anian. for Montreal.
', VAI, Hamburg-Arrived: Moltke, from New
' ATpslermo-Sailed: Italia, for New York
At Boulogne-Sailed: Graf W al.len.ee,
i tor Naw York.
1 tltr1" Kr'e' frm
' At Gibraltar Arrived: Koenlgen Luise,
- ,lu '
A Biemen-oalled:
Neckar, for New
TWO HOURS IN MOBILE
f reiident Given Another Oration at Me
tropelia of Alabama.
FORTY THOUSAND HEAR HIS SPEECH
Cheering Malthnde Liiei the Long DrWi
Through the Citj.
SIUVENIR FOR THE CHIEF EXECUTIVE
Badge from People of Mobile Finaed to Eia
Coat j lodge Semmei.
FORMAL WELCOME BY COLONEL RUSSELL
.Mr. Roosevelt la His Speech Refer
to Men Who Are Attempting to
Delay Building of Panama
Canal.
MOBILE, Ala.. Oct. 23. That reace hate
her victories no less renowned than war,
was never better exemplified than in thi '
reception of President Theodore Roosevelt
during his two hours' stay In Mobile thli
evening. There was a general closing
of all business houses, and along the mute
of the procession, from the Union depot
to the stand on Bienville square, where
the reception ceremonies took place, th
residences and stores were covered with -decorations
of lights and bunting In th
national colors. The route lay out Govern
ment street, one of the most noted drives
In the south, for ten blocks, passing the
homes of some of Mobile's most influential
citizens. Its chief educational Institution
and one of its hlstrle churches. The
sidewalk and streets along Government
street were packed with humanity, and at
McGIII institute, Barcon academy and one
or two other points, hundreds of children
were massed, who sang national antnemt
and songs as the procession passed. Cheer
fter cheer rent tho air.
The procession was headed by a platoon
of police, followed by Colonel R. B. Dumont
of the Alabama National Guard and staff,
with the Mobile battalion following. Two
battalions of artillery from Fort Morgan
followed, and then the cadets of the Uni
versity military school. Behind the young
boys came the battle-scarred veterans of
Raphael Semmes and John M. . Withers
camps, I'nion Confederate veterans, as
guard of honor to the president, in whose
carriage were seated Judge Jules Alford,
chairman of the committee on arrange
ments; Mayor P. J Lyons and Colonel
Edward Lafayette Russell.
Forty Thousand Hear Speech.
Next came the members of the presi
dent's party and members of the arrange
ment and reception committee and the
press In carriages. The stand was erected
on Bienville square, facing the square,
which, long before the president arrived,
was rilled with a struggling crowd of citi
zens. It was brilliant with electrio. lights,
and overhead the magnificent grove of live'
oaks formed a canopy of green. It la es-,
tlmated that by the time the president be-
innU -itirre:. were -waa a "rrowj tium" '
beting 40,0u0 people within the sound of
his voice. The president reached the
stand at 4 o'clock, where he was received
by a reception committee of 600 citizens.
He appeared to be overwhelmed . with
pleasure at the spontaneity of hi recep
tion. His seat was on an elevated dais on
a chair which was built by the students
of a technical school in Japan. Back of
the chair was an enormous stuffed bear,
eight feet. tall, bearing ln Ita mouth a
floral independence . bell, and above Its
head a white dove holding a streamer on
which was the Inscription: "Blessed is the
peacemaker."
The bear was killed In a hunting expedi
tion by his majesty, Alexander II. of Rus
sia ln 1S57. according to the inscription on
a bronze plate on the base of the mount
ing, and presented by Czar Alexander to
"The Duke of Osuma. Comte T Ynfant
ando, Duke de Buenevlto and L'Arcos,
Prince D'Ebodle "
The house of Ebodle became extinct In
the eighties and the effect ln the palace
of the prince were disposed of by public
sale. The historic bear was purchased at
this sale by Hannl Taylor, then minister
plenipotentiary and ambassador Of the
United States at the Spanish court at
Madrid.
Handsome Present for President.
Oliver J. Semmes, son of the confederate.
Admiral Rafael Semmes then presented to
the president and pinned upon the lapel of
his coat a handsome souvenir badge aa Um
gift of the people of Mobile.
- In delivering the badge Judge Semmes
said:
Mr. President: I ask your attention for
a moment. I have been delegated by the
people of Mobile to present to you this
token, symbol of thefr fealtv as citizens
of the United States. Though itself of
little Intrinsic value, yet in sentiment it
represents the loyalty, the worth and the
honor of as brave, chivalrous and noble a
people as Is to be found on the face of
God's green earth. We proud citizens of a
proud republic feel and believe that you,
as the head of that republic will, by your
broad views and judicious actions so unite
In the bonds nf friendship all ends of our
country that Americans will advance till
they become the foremost of nations snd
may without a misgiving defy a world In
arms. Should this awful necessity ever
rise, then the sons of the south will be
found a mighty armed camp. Take this
little reminder and when you look upon It
amid your arduous and multlfarniis duties
feel and know that the people of Mobile
have burled the past and look without fear
lo the future, recognizing that you as Is
shown by your later utterances, are the
president of the north and the south, our
whole country.
Address of Welcome.
Judge Alford. chairman of the committee
on arrangements, then Introduced the prece
dent, who was briefly and warmly welcomed
by Mayor Lyons, who paid high tribute to
him as a man, as a statesman and a patriot.
The formal welcome was then delivered by
Colonel Edward 1-afayette Russell, one of
the foremost citizens of Mobile and Ala
bama, who said :
Your coming among us has been a source
nf inspiration to our people, who are famil
iar with vour record as a soldier and a
citizen. Young wise statesmanship, coupled
with vour Diibllc acts and public, declara
tions, have given them confldenoe in your
sincerity of purpose and patriotism. Since
ou have been president you have demon
strated by your administration of our fed
eral affairs that you are loyal and devoted
In our free Institutions, coined out of the
blood, sacrifice snd tressure of our ances
ters. Such Is the faith of our people in
you ss a patriot that they believe you would
cheerfully surrender your life rather limn
eudager the sacred trust Ihst has been con
fided to your patriotic keeping.
President Speaks.
President Roosevelt was cheered a he
arose to hpeak. He thanked the people for
the.r magnificent recep;n and tpoke pocuu
words of greeting to the confederate veter
ans, who formed a portion of his escort.
He referred to the fact that one of his
uncles was in Alabama during the civil war.
Referring to the Panama canal the pres
ident said he did his best to bring about
its completion for the benefit of the whole
people, but particularly for the bensflt of
the a oil elate. OriglnAlly, fee gald, he