Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 09, 1905, NEWS SECTION, Image 1

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    The Best Foreign titws Service
will be hand In
iUllVlllwLJU U VLal i
Conrioted Oregon Bena'ar Passes Away at
Hospital ia Portland. i i
He Has Fonr Teeth Ex'raa'ed and Slowly
Bleeds to Death.
Mr. Mitchell's Constitution Weakened bj and Other Diseases.
SklU of Fonr Physician Unable to
Overcome tha Effect of Bleed
i lac and Death
PORTLAND. Or., Io. Reunited States
Senator John H. Mitchell died at the Good
Samaritan hospital In this city at 11:40
o'clock this fo.-enoon, death resulting from
complications which followed th removal
of four teeth at a dental office yesterday
morning. A hemorrhage of unusual e-
verily followed the removal of the teeth
and despite the application of the most
owerful stytlcs known to dental science
the flow of blood could not be stayed.
Physicians wer summoned to the dental
omce. but the combined scicntlllc knowl
edge of the dtntists and physicians could
not stop the flow of blood. The senator's
condition soon became alarming and It
was decided to remove him to the hospital.
When he reached the hospital he was In a
very weakened condition and It became
apparent that unites the flow of blood was
soon stopped life would pass out.
Senator Mitchell had long been a suf
ferer from diabetes and other vitiating
diseases and In his weakened physical con
dition rapidly succumbed to Inevitable
weakness following such violent hemor
rhages and lapstu Into a state of semi
consciousness early In the evening.
Hemorrhage Return.
Four- physicians, Dr. A. J. Glesy. Dr.
Giorgo W. Wilson, Dr. Emll Pohl and Dr.
James O. C. Wiley, worked over the sen
ator and about 7 o'clock last night tempor
arily stopped the hemorrhage, but the relief
was of but short duration and again the
blood began to flow Intermittently, continu
ing during the evening and through the
right At an early hour this morning a
severe vomiting spell further weakened the
senator, and It became more and more
apparent that the euO was approaching
All during the night saline solution was ia-
jected into the veins to furnish more luid
for the olrculatory system and to stimu
late the sluggish circulation.
The diabetic coma Into which the senator
lupned grew more and more pronounced,
despite the frequent use of powerful stimu
lants, snd only occasional evidences of a
certain degree of mental activity rewarded
the untiring efforts of the physicians and
nurses In attendunce. Several hour be
fore death the Injection of saline solution
was discontinued and more powerful heart
stimulants resorted to. but with no effect
on the rapidly sinking man. After day
light the Senator's condition grew , worse
and Indications of mortification became, evi
dent especially In the ankles, knees and
hips. Several hours before death the ac
tion ef the heart at times became almost
Imperceptible and the breath came In
short, spasmodic gasps. As the end ap
proached these symptoms became more and
more pronounced, death ensuing at 11:40
Senator Mitchell did not at any time
realise the seriousness of his condition.
When he visited the dental office yesterday
he was In a weakened condition, owing to
the diseases which affected him. and his
request that an ansesthetio be administered
was declined, the dental operator persuad
ing hint that such a course might prove
harmful. The first three teeth were ex
tracted with little or no trouble, the flow
of blood being normal. The extracting of
the fourth tooth was a difficult task and
It was following the removal of this that
the violent hemorrhage manifested Itself.
At Senator Mitchell's bedside when he
passed away were his son-in-law, Judge
W. O. Chapman of Tacoma, Wash.; J. H.
Price, his nephew; Mrs. Lottie Price, and
Mrs. May Earth, nieces, all of this city,
Several friends of Senator Mitchell had
left the bedside shortly before his death
Arrangements for Mr Mitchell's funeral
wiU not be completed until Mr Mitchell's
son. John H., Jr., arrives.
Mr. Mitchell left Minneapolis this morn
Senator Mitchell's Successor.
Governor Chamberlain will appoint a sue
cessor to Senator Mitchell within a week.
In an Interview today the governor said:
"I have as yet mads no selection. Or'
gon Is sorely In need of representation at
Washington, but before taking action I
shall look over the situation thoroughly and
select a Brian equal to the occasion. I shall
make the beat selection possible."
It Is almost, a certainty, however, that
the new senator will be a democrat. Great
pressure has already been brought to
bear upon the governor to select a Portland
man, whether democratic or republican,
Heading this list of possibilities are Colonel
C. . E. 8. Wood, a prominent lawyer, and
Charles E. Ladd, a banker, democratic;
and T. B. Wilcox, a well known flour mill
manj republican. If the slate's executive
shoufU go outside the city, in the timber
available Is A. Bush, a banker of Sulem,
and one of the most prominent and able
democrats In the sitae. Other democrats
of ability are James Raley of Pendleton,
B. A. Whit of Buker City. Judge A. S.
Bennett of The Dalles. Senator Mitchell's
chief counsel' during the trial which led to
his conviction, and A. E. Reams, a well
known lawyer of Jacksonville, who was de
feated by Binger Herrmann for congress
at til lust election.
Seaule Ucki a Precedent.
WASHINGTON, Dec. S.-News of the
death of Senator Mitchell of Oregon oc
casioned great surprise at the caitoL
His Illness hud been of such reuent dale
und so little was known of it that notice
of his death came to the senate practically
without warning. It raised a delicate
question as to the duty of the senators
toward their late assistant. Ordinarily
when a member dlt-s, a commitee la ap
pointed to represent the senate at the
luneral services, and at the earliest op-
ortunily the col lea use of the deceased
member formally gives notice of th deatn
and announces that later h will muke
inure extended remarks. The senate then
adjourns out of reapet-t to the memory
of th decerned.
After numerqu conferences today be
tween prominent senators and
iCooUsued wa FUla Pas.)
H0N0R L,STAT L0ND0:1 1
Mr Al(rt4 CbflM lUrminoHk 4
Sir Michael Illek-Beach Are
Created Vlacomti.
LONDON. Dec 8. An additional list of i
the honors usually conferred on the retire-
mcnt of a government wu Issued tonight, i
It includes a mimhpr nf former cabinet
ministers and members of the House of
Commons whose political services are rec- i
ognlzed. The press Is honored In the per- i
son of Blr Alfred Charles Harmsworth.
proprietor of many English journals, who
Is created a viscount. Sir Michael Hlcks-
Beach, former chancellor of the exchequer,
and Baron Tredegar, also, are mado vis
counts. Among the new barons are C. T.
Ritchie, who was chancellor of the ex
chequer during the early part of the Bal
four administration; Sir W. H. Walrond,
chancellor of the duchy of Lancaster; Sir
Henry Meysey-Thompson, M. P.; Edmund
Beckett Faber. M. P.. and William H.
Gronfell, M. P.. Those elevated to mem
bership In the privy council Include Sir
Edward Henry Carson, the retiring solic
itor general; C. A. Caveadlsh, M. P.; Sir
Charles Dalrymple, M. P., and Lieutenant
Colonel Richard Mark Lock wood, M. P.
Eleven well known members of the House
of Common receive baronetcies aod twelve
are added to the list of knight.
Government Condemned for Accept
ing; Resignation of President of
University of Toklo.
TOKIO, Dec. 8.-7 p. m. A strongly
worded protest signed by 190 professors and
Instructors was presented to Katauras Ihe
prime minlstci and the minister of educa
tion today. The protest condemns the
action of the new ministers In accepting
the resignation of the president of the
university after any occasion for doing so
had passed, a.i trampling upon the sanctity
of the university's rights. Independence
and freedom. '
It Is thought that the sympathy of the
public is with the professors.
Baron de Constant Cnbles the Pres
ident Thanks for Taklna- Initi
ative In Arbitration.
PARIS, Dec. 8. Baron D'Estournellos de
Constant has cabled to President Roosevelt
tho thanks of the French parliamentary ar
bitration group on his treatment of the
arbitration question in his message to con
gress. In the course of irn Interview the
baron said Europe would be both gratified
and confused by the president's initiative
which gave the question of arbitration a
practical vital status beforo the world at a
moment when Europe lacked the Courage
and foresight to deal with it.
French Deputy Says Secret from
Britain Was Given to Germany.
PARIS, Dec. 8. During a disorderly ses
sion of the chamber of deputies today
Flrmln Faure, republican nationalist, made
the-' sensational accusation .that a private
dispatch from Paul Cambon, the French
ambassador at London, advising the gov
ernment of Great Britain's readiness to
make an accord with France against Ger
many to safeguard their common Interests
was communicated to Germany the day
after It was received here, although only
President Loubet, the then former Minister
M. Delcasse and Premier Rouvier knew of
its existence. The premier characterized
M. Faure's assertion as gossip, whereupon
the deputy responded that it was a ques
tion of high treason. At a request of the
premier the discussion of M. Faure's Inter
pellation went over until after the foreign
budget had been considered.
Japanese Transport In Distress.
CHE FOO. Deo. 11 p. m Two Japanese
army officers, who have arrived here In a
life boat, report that the transport Jlnsen,
which left Dalny tor Japan two days ago
with 1.000 troops and 300 horses aboard.
broke Its propeller between Shantung pro-
nontory and Corean coast and is adrift.
The two officers embarked in a life boat
and came to Che Foo to seek assistance.
The Japanese consul here has telegraphed
for a man-of-war to rescue the helpless
vessel. Some British officers are on board
the transport.
Kansas Land Fraud Investigation
HaJta Because of Abaeirce of Six
Hen Wanted by Grand Jury.
TOPEKA, Kan., Dec. 8. The investiga
tion of one of the most Important of the
Kansas land fraud cases before the spe
cial federal grand Jury now sitting In this
city was brought to a sudden halt today
by the failure of United States deputy
marshals to locate the six principal wit
nesses in the case, for whom subpoenas
had been issued. It is feared by the fed
eral officers that the witnesses learned
they were to be subpoenaed and left the
state. The officials have not given out
the identity of the missing witnesses or
the case under Investigation for which the
witnesses were subpoenaed.
The government has been compelled to
dlsmlb the Indictment returned by the fed
eral grand Jury here against Louis Cans
of the H. 8. Boyce Cattle company, as it
has been decided that Gans, who lived In
the east, has been dead some time. The
United States district attorney. J. R Tiean
said tonight that the grand lurv would
report several more Indictments tomorrow
for fraudulent land grabbing.
"One man," said Mr. Dean, "ls to get a
bitter dose. He ls to be Indicted for Il
legal lnclosure of public lands, suborna
tion of perjury and conspiracy to promote
homeciead entries. This fellow was not
easily satisfied. We have proof that he
put In claims on seventeen quarter sec
tions of land, upon which he bullded that
mauy houses."
Postmasters and Rural Carrier
Xamed for Nebraska a ad
(From a Staff Correspondent.)
WASHINGTON, Due. 8. (Sueeial Tele
gram.) Postmaster appointed: Nebraska
Lit lie, Holt county. Emma E. Graves vice
Peter A. Just, resigned. Iowa Aspln wall,
Oawford county, James E Traeey vice J.
F. Richardson, rvslgned.
Iowa rural routes ordered established
February 1: Mount Union. Henry county,
route i, population S-'a, houses 82; Way land,
Henry county, route 2. population 3bu,
hous TO.
John J. Vctterhus has been appointed
regular and George Vetlerhua substitute
rural carrier at Cotton, 8. D
E. H. Harriman Wantsd to Shars Ooatro
of Equitable witk Him.
Trna.crlpt of Teatlniony Sent t
District Attorney Proprietor
s Kanltable Will Be Cited
for Contempt.
NEW YORK, Dec. 8. The legislative
committee which Is Investigating life In
surance conditions today determined to
send to District Attorney Jerome a request
that he Institute proceeding against
Thoma F. Ryan, financier and owner of
the majority of the stock of the EqultabM
Life Assurance society to punish Mr. Ryan
for refusing to answer questions before the
committee. Mr. Ryan had refused to an
swer when asked what E. H. Harrlman,
president of the Union Pacific and Southern
Pacific railroads, had said to him when Mr.
Harrlman tried to induce him to enure h's
control of the Equitable society with Mr.
Harrlman. t
Mr. Ryan was asked whether Mr. Harrl
man had threatened that results disastrous
to Mr. Ryan's Interests would ensue or If
Mr. Harrlman had told him that some ac
tion would be taken by the state legisla
ture, or any officer of the government, un
less Mr. Ryan consented to share his stock
with him. Acting on the advice of his at
torney, Paul D. Cravath, Mr. Ryan declined
to answer those questions, although Senator
Armstrong, chairman of the committee,
directed him to do so. Mr. Ryan, however,
did answer one question by saying that Mr.
Harrlman did nut tell lilin at Hint time
there would be legislative Investigation of
the life Insurance business unless he gave
up part of the Hyde stock. Mr. Ryan had
already told that he had secured control of
the Equitable by paying James H. Hyde
I2.floo.00i) for 601 shares of the total shares of
the society.
Harrlman Asks a Share.
"After you had bought that stock was
there anv proposition to share It with you?"
asked Charles E. Hughes, counsel for tho
"Am I obliged to answer that question"'"
aked Mr. Kyan.
"I think you ought to, Mr. Ryan." said
Mr. Hughes.
"Mr. E. H. Harrlman desired to share th.
purchase with me and I refused to permit
that," replied Mr. Ryan.
Mr. Ryan said that he thought Mr. Harrl
man made his request on tho day that
Mr. Ryan bought the stock and before the
purchase was publicly announced.
"What .did Mr. Harrlman say to you
to Influence you to make the sale?"
"I do not think, Mr. Hughes, I ought to
be called upon to answer a question like
that to characterize or state a conversation
I had privately with Mr. Harrlman." said
Mr. Ryan.
Paul D. Cravath Interrupted by saying to
the chairman:
"I feel bound to say to my client, Mr.
Ryan, that while he should testify I ost
fully to what he did and what he planned
to do, lie cannot .unless he -choose to .do. so
voluntarily, be required to attempt to state
conversations which Mr. Harrlman or any
other man had with him."
Matter Rewarded as Important.
To this Mr. Hughes replied:
"I deem the matter important in two
aspects. In the first place, that the com
mitteo may understand the motive which
may actuate those who desire to obtain
control of the stock of tho Insurance com
pany and the proceedings which may be
taken to acquire it; and second, that we
may know whether there is any truth In
the report that there was any suggestion
that life insurance conditions in this state
would be Investigated If Mr. Ryan did not
accede to Mr. Harrlman's request. I think
that we should have full light upon the
transaction and I hope that Mr. Ryan will
feel that he can do another public service
by advising the committee fully."
Mr. Cravath said that Mr. Ryan would
testify freely as to facta, but that he was
not required to state what Mr. Harrlman
said to him. tin private conversation.
"Mr. Ryan," said Senator Armstrong,
"the committee directs you to answer the
The following colloquy resulted:
Mr. Ryan I will answer It so far as to
state that I refused to share th purchase
with Mr. Harrlman. -
"What did Mr. Harrlman say to you In
connection with the matter?" N
Mr. Cravath My advice to you is that
you are not required to answer that ques
tion. The Chairman Do you refuse?
Mr. Ryan I refuse to answer on the d
vlce of counsel.
Xo Threat of Investlitatlon.
"Did Mr. Harrlman say that there would
be any result Injurious to your Interests in
case you refused to admit him to share In
the ownership?" '
Mr. Cravath I give you the same advice,
Mr. Ryan, that you are not required to an
swer that question.
Mr. Ryan Same answer.
At the order of Senator Armstrong the
last two question were repeated to Mr.
Ryan, who again refused to answer, saying
he did so on "advice of counsel."
Mr. Hughes then asked the following
"Did Mr. Harrlman say to you there
would be an investigation by a committee
of the legislature or that steps would ha
taken to have an Investigation by a com
mittee of the legislature of either house- of
I nv Insurance condition or Insurance com
I panics If you did not permit him to sharo
In the ownerahlp
Mr. Cravath The win advlc.
Mr. Ryan H did not say that.
"Now, did he say that any action on the
part ot the legislature' or any official nr
officer of the government Would be taken in
the event you refused o accede to hi re
quest?" Mr. Cravath 1 advis you not to snawe.'
thut question.
Mr. Ryan I refuse to answer on the samt
Q. Now, Mr. Ryan, I think you will b
entirely free to say what you said to Mi
Xo Partner Wanted.
Mr. Ryan Well, I told Mr. Harriniau
wanted to be free and did not want any
partners in the transaction.
Q. Did you tell him why?
Mr. Ryan My principal reason was that
I wanted to make this trout deed In my
own way.
Q. Did you tell him that?
Mr. Ryan I did.
Q. What did he say to you?
Mr. Cravath I advise that you are nut
required to answer, Mr. Ryan.
Mr. Ryan Th same answer, Mr. Chair
man. The Chairman Mr. Ryan, the committee
(Continued on Fifth Ptfe.)
Sidney losesland office and Record. Transferred
the Sorlh Platte
(From a Staff Correspondent.)
WASHINGTON. Dec 8.-Speclal Tele
gram.) President Roosevelt today abul.
lahed the land office at Sidney, Neb., and
the affairs of this office will hereafter be
conducted by Register George E. Piatt and
Receiver El bridge Downs at North Platte.
Th land officials at Sidney who are re
lieved by this order are RoUey D. Harris, i
register, and James L. Mcintosh, Jtg, re- ;
Senator Burkett Is advised that there will
be no reductions In the clerical force at
th Lincoln postofflco because of the re
moval from the capital of the plant of a
well known monthly publication, which
has a large circulation, so It Is said. The
removal of the publication cfTlre. It was
feared, would cause a reduction in the num
ber of clerks employed at Lincoln. It ap
pears upon Inquiry that had this rnagaxina
not removed Its headquarters firm Lincoln
it was the Intention of the postmaster to
sk for In Increase In his force. The fact
of the removal of this plant merely place
the postmaster at Lincoln In a position to
utlliz his present force without working
them overtime. . '
Senator Burkett today secured the con
sent of the postmaster general to the em
ployment of from fifteen to twenty substi
tute clerks In the Lincoln postofflco to serve
uurlng the holiday rush.
Congressman Klnknld today recommended
J. A. W. Johnson to be postmaster at Kll
gore. Cherry county, vice Bvtvanu John
son, who resigned.
The South Dakota delegation in congress
has split on the senatorial situation In that
state. Senator Klttredge and Representa
tives Burke and Martin have, formed a
hard and fasl compact leaving Senator
Gamble to look after himself In the way of
patronage, etc. All Is the result of the con
test Inaugurated for United State senator.
Senator Gamble desires to succeed himself,
while Congressman Martin of . the Black
Hills country Is outspoken for himself. To
day Senator Kittredge and Ijls associate.
Burke and Martin, began the rounds of the
departments with a view of pulling oft any
thing In sight. Senator Gamble Is herding
by himself and is preparing to fight Martin
in Washington as well as In South Dakota.
Companion of John C. Hammond. Ac
cused of Murdering; Wife, Appre
hended In Moatnnu- ;
ALBANY. N. Y.. Dec H-The Albany
police today received word ffumthe police
of Helena, Mont., of the arrest there of
Arthur Strong, of ' Rouse's t'oliit, ' N. Y.
Strong has been the companion In flight of
his cousin, John Cross Hammond, a young
carpenter of this city, whose wife's body
was found November 33 In a trunk In theli
flat on South Ferry street.' where It is
believed to have leln.for nearly two weeks.
Strong and Hammond left Rouse's Roint
on the 15th and 'since then have traveled
from Montreal to Tucson. Aria., ,thence Into
Oregon and Missoula, Mont. . At. Missoula,
eigh ty days ago he Hcti police say
Strong ran away ' from" Hammond and
wrote home to Rouse's Point for money.
This led to Strong's srrest
Hammond had upwards of $2,000 when he
started on his Journey. It Is learned that
Hammond and Strong did not know until
they reached Portland, Ore., of the dis
covery of Mrs. Hammond' body, and the
search for them.
At the coroner's Inquest, which has been
adjourned until next week, Hammond's
father and mother both swore that he
confessed to them the murder of his wife.
Kentucky Mine Owners Allegro that
In ion Miner Threatened to
Assassinate Them.
- LOUISVILLE, Ky.. Dec. 8.-Allegatlons
that certain union miners have threatened
to blow up the mines of the Kentucky Coal
company and assassinate the operators of
thm are contained in a petition for a re
straining order which wa granted this aft
ernoon against member of the United Mine
Worker In Webster and Union counties,
asked for by the company.
The order is effective until the next term
of the court In Owensboro, In May, 190.
The defendants to. the action are eighteen
members of the United Mine Workers, but
not all residents of Kentucky.
Thft nrtrm.lutnnnt. Auk thnt t hi. ilnlrtn -, ' ,1
er, be restrained from Importing .abor
from Illinois or any other state to over-
power the present workmen In the minus.
or from establishing pickets about the
mines, or In any way interfering with the
operation of the complainants Interests.
Unique Burial Rites at Camp
Mexican 5omada Near
St. Louis.
ST. LOUIS. Dec. J..-A coffin containing
the body of Rosa Cruse, aged 12 years, a
gypsy Klrl, was solemly borne by twelve
Mexldkn gypsy men today from their camp
along the Clayton roaa u, the Clayton
Catholic church, where funeral ceremonies
were held. The girl had died of pneumonia.
In accordance with the custom of Mexican
gypsies no women were present at the
funeral. Just as the coffin was carried from
the church to a wagon to be conveyed to
the cemetery, a bottle of champagne was
placed on the lid. At the grave the bottle
waa opened, some champagne sprinkled on
the new mound of earth and the twelve
mourners, on of whom wa the l:T
father, drank the rest. Returning to camp
more champagne wa purchased 'for the
grieving mother and her friends, and n
funeral feast was held for the rest of the
Son Convicted of Murder In First
Hearer aad Mother la Second
CENTERVILLE. Mo., Dec. S.-The Jury in
tiie sases of Mrs. Mary Spa ugh and her son
Willlhm, who have been on trial on the
charg of having killed Sheriff Polk at Iron
ton. Mo., on May "J last, returned a verdict
today convicting William of murder In the '
frrrt degree, and Mrs. Spaugh of murder in
the second -V gree und sentencing her to ten
years In the penitentiary. The cast; of
Arthur Spaugh, Mrs. 6paugh's second aon,
who was grunted a separate trial, was con
tinued until the May term of court.
Sheriff Poik wa shot dead at the Spaugh
home, which be bad entered to serve a war
rant for tn arrest pf William Spaugb for a
charged misdemeanor.
Secretary fli'choock Derotes Considerable
Space in His Report to Nebraska.
f Government In Recle
- "ve Proved
Knterp, .
WASHINGTON, De". S. Under date of
November 27 the sc - t a tv of the liu.iicr
submits his annual r-port front wniih the
following is taken:
Since my last annual rep rt tho land
service has been t it 3 cei.' nf unusual ac
tivity. The prosecu'I)i of : h? ring of con
spirators on the Pa-.iflr cost Iij rcen vig
orously pushed, a niimSor have been con
victed and many more tn-Ho'.-d nml nppre
hended and brought oa'ovc Inn c uiU for
Other Investigation of allies vIctMlons
of the public, land la wa In I hut cvuon und
elsewhere are being rapdiv and encrMt
Icjlly prosecuted, ami tierslnent
offenders have been indlc.ed and their trials
will occur in the near future. Otiir ensca
lll soon be In ship for rcseniitrni to
the federil r.:nnd Jun.-s hiving lu-ivdiclion
of the ..menses alleged, ui.d II is o.ISvrl
that the offenders will be .-pvidily luvu-jht
to Justice.
There were disposed nf during the fiscrl
year ended June 30, piibli- ng-
f:rrgntiiig 17,oriS,t;2;.2i acres, classillod us lol
ows: Cash sales, l.tMivoi 7; mis '"Mnneoun
entries, embracing hoin' i lnnd war
rants, script location, stt? sclcctl jns,
swamp InndM, railroad and wafon road se
lections, IMlan ftllotrm.Mls.l tc n.32. 424.01
acres, and Indian l.i, i ,"7 .'.t;,... .icrrs,
showing an Increase of SO.vXt.SJ acvs as
compared with the agAretiaio diMoaiil for
the preceding fiscal year.
The total cash receipts .lunn tho fiscal
year from various sou re.,- $7,tl7.
811.38. a derrcaw of 2.2i1..'aV:-) from the
preceding fiscal year.
The total expenses of district land f fflces,
for salaries and of recMcrs
and receivers, incidental extv.-ns- and N
pense of depositing publlo moneys OurlNg
the fiscal year ended June io, 1905. ver'
1818.339.32. a decrease .if Jj,i;.1,.l 1. n c. m
parod with the fiscal year en. led Juuc 30,
The aggregate expenditures urt estlm i'.d
liabilities of the public land Hfrt';e. Includ
ing expenses of district laivl 01H 'h.
stated, wore tl.te'USfl.r.. leaving a net
plits In the United States treasury of J.ViCj,
4iJ.0$. Tho total unappropriated and unioseived
area of the public d n.iuoi romuliiHu-
amounts to 817.527.1A7 icvs.
I'nlavrfnl Inclonurea of Public Land.
With respect to unlawful inMosuros. Ill
reports of special agents n -re received dur
ing the year, showing an nr'.i of ::J..;77
acre of public land unlawfully Incloted.
Through the efforts of ihe -..-ill ng-nts
sixty-nine of such inelosurci". embracing
22ol0 acres of public lnnd. tin .i n re
moved and pr'r'?eings ate pending w. t m
pel the removnl in the remain:, :if rases re
ported, embracing I3ti.l97 acres. faper'uV in
structions have been Klvi:i the
agents to secure the vn ' nf nil tho un
lawful fences upon the pjiillc Und.
Unlawful Inclosures of the public domtiin
In the state of Nebraska ha c betn num
erous and extensive. Many pet sons In ihe
western part of the state see -i ta consider
that they possess an In riled license to
fence puolic lands. The offender . rvf...
prominent citizens and the court! ure re-
luLimii 10 punisn tnem ror an orv.-nse that
is so general.
it Is reported that partita maintain. ng
unlawful Inclosures often him ni,i ...i.i
soldiers' widows and any other peisrm who
can be procured, for a money consideration
ranging from 15 to i!5o. ti fll.-. m :i,n.-
within their inclosurc. and by nv-an cf
suclv entries defraud the acvMiinient . of
title to th 4ntosed-lauds. UspecUl.y." It
Is alleged, has this plan been fallowed s'nei
Uie passage of trie act of April ffl, 1904 ( 33
Stat. L.. 547), known as the Klnkald act,
permitting homesteader to enter 640 acres
of land.
The penalty for the unlawful Icclcsure
of public L.i.ds, ss prescribed by the act
of February 25, ISbS (23 Stat. L., 321), is a
fine not xre-dlng tt.OiiO and imprisonment
for not exceeding one year for each offense.
Hlchards-Comatock Cane.
After some years of effort and an ex
penditure of several tn iusand dollars Bu t
lett Ric,-.a,t6 and William O. Comstock
who, through the Neb.-aaka Land and Feed
ing c.on ny it ia itll.seq maintained an
unlawful lnclnsure of more that a quarter
of a million acres of public land, were in.
dieted and brought before the court recen;ly
for trial. They pleaded guilty, and after
consideration of the itratur the court im
posed a line in each cae ot $300 and sen
tenced the defendants u the custody of
the marshal for six heui!!
One of the most conspicuous facts that
has been developed by the so-called land
fraud Investigations ls that the timber
and stone act, the desert land act and the
commutation clause of the homestead law
are tho convenient handmaidens of crime
thnt they hsve afforded the most effective
means for the conspirators with whom we
have had to deal to fraudulently transfer
the title of the publlo domain from the
government to themselves, and unless they
are repealed or materially mortified or
amended, substantially as heretofore re
peatedly recommended In my annual re
ports and by the Public Lands commis
sion, they will continue to constitute the
most dangerofls menace to the integrity of
the public domain.
Executive officers are of necessity very
largely dependent upon the endorsers nf
spplirants for public place In determining
the fitness of such applicants for the noal-
"4 AynrTM
tlon and fitness of the annltcants whom
thev recommend, disregarding all other
considerations, protection In a larger meas
ure ao-ntnst this class of offenders will be
I am of opinion that there Is no necessity
for the continuance of the office of re
ceiver of public money for United State
land office and that It would be In the In
terest of both economy snd good adminis
tration to abolish the office and vest the
duties of receiver In the register, the act
to go into effect July 1, 1906,
Inherited Lands.
Unrter the provision of the act of May
TI. 1902 82 stat. L. 275). sale of allotments
of deceased Indian are made undr certain
rule and regulation prescribed by th de.
partment and all conveyances of such lands
must receive the approval ef the secretary
of tie Interior:
Rules to govern such sales were or!e
Insllv approved bv the department June 26,
IfT?. but n ordr to meet constantly chang
ing conditions it has been found neeeary
to smend the" fnm tlnie to time. Prior
to September J9. W04. It had been the prac
tice to turn over to the beneflclnries the
whole amount derived frimi tbese sileg.
but on thnt date an amendment w ap
proved wicb roteet the proeda of such
sale to b deposited In a United Rtotea
denost'or'-. t th credit of the beneSclarles
rtrlcted thn to the exnenditure of
o.i.. in rver month un'eas otherwise spe
rteHv eithorl7d bv the commissioner of
Irrt'm eTal-. This amendment was pro-mula-atert
w'thoiit previous notice snd pre.
vented the consummation of m.nv sehems
fo- rtepol"n- the Indians md has ha th
fet of chckln th rectfjessnesa of the
Indians and sffnrd thm protection
against unscrup"!"" persons.
The pensioners on th roll Jun.j . !9uS,
are classirtvd a follows, v's:
War, Revolutionary:
Widows 1
Daughters 4
War of 112:
I Widows "
Indian wars:
Survivors J.f
Widows 3.41
War with Mexico: .
Survivors 4,5i
Widows '.""
- Service after March 4, 1M1.
Civil War:
General laws
Invalid .219SM
Widows 77.&
. Minor children "
Mothers 4.W5
Fathers 776
Brother and sisters I'd
lielplees children 472
Act of June 1, lh
Invalids 4o,224
Widows '. ' Ib9.i
Minor children 4.177
Mothers .' !,!
Fathers "
Helpless children 2o"
Continued on Second Page.)
Furecust for Nebraska Fair aad
folder Sataidny. Sunday Fair) I
rar la Vnl Portion,
t Senator Mitchell Dies Suddenly.
Rtaa Bnlks on Insnrnnce Probe. I
Hitchcock Reports on Land Frauds ;
-naranai Mathcvrs la Let oat.
2 Wltte la Ready to Quit.
Delayed Limited Train Arrives,
a ewa from All Part of Sebrnnkn.
4 llenrlnar of Union Pacific Tax Caac.
Characters Before Police Jndsje.
5 rni from Iowa's Capital City.
Tnft Report on the Army.
It Commercial Club Knjoya a. Smoker.
Affairs at South Omaha.
T Contributions to Bee's Letter Box.
Humorous Things In Court Room,
ft IllsTh Speed Telca-raph Apparatus.
9 Mrs. Rnarra llanaed for Murder.
Crowe to Re Tried In Jnnnary.
Miss Council I.oaea Damage Suit.
10 dltorll.
11 The Bee's Bin- Xev Venr's Xnmher
Milwaukee's Posltlou on Corn Rate
12 Foot Rnll Advocates Win Victory.
Commercial Review of the Week.
13 Financial nnd Commercial Xewa.
IS Council Blnlfs and Iowa Sews.
Temperature at Omaha Yesterday!
Hour, Dew. Hour. Dear.
n a. m 3.1 1 p. m 42
n. in al 2 p. m 4.1
7 a. m 118 :i p. in 4.1
N a. m .11 4 p. m 4.1
! a. an Hit ft p. m 4.1
It a. m 87 d p. m 41
11 a. ni 40 7 p. m 4l
Mm 41 H p. m a.S
p. m .1.1
Traffic Manager for Chleaao Paeklnwr
tompnny Testifies In Kansas
. City Investigation.
KANSAS CITY, Dec. 8. Among the im
portant witnesses who appeared befor? the
federal grand Jury In its Investigation of
railroad freight rrues today were B. 8.
Cusey. general traffic manager for thfl
Schwa rxschlld & Sulzberger Packing com
pany; Simon C. Bates, formerly a clerk for
the Armour Packing company, and Goorgo
A. Gamble, Kansas City agent for the I.e
hlgh Valley company.
Interest In the proceedings was Increased
by tho arrival today of Frank Piatt of New
York, counsel for tho Lehigh Valley rail
road, and son of Thomas C. Piatt, United
States senator from New York.
"Of couth I am here as coupset for tho
Ihigli Valley railroad." said Mr. Piatt. "I
have Just arrived, so I shouldLnot be ex
pected to say anything about why I am
here, except that it is in my professional
Mr. Piatt's srrlval on the day that the
agent of the Lehigh Valley testified before
the grand Jury' was considered to tie signifi
cant, but no one connected with the district
attorney's office would say what the coin
cidence might mean. It "was also thought
Interesting that Simon C. Bates, now em
ployed by the Wabash railway, but for
merly a clerk In the general offices of the
Armour Packing company, and B. B. Cusey,
general traffic manager for th Schwarss
child c - Hulsberjcsr Packing- .company of
Chicago, were kept In the grand Jury room
for the greater part of the day, Mr. Cusey
being recalled one.
Re-. William llrewster Humphrey
Succeeds Mrs. Amelia S. Quintan
ns President,
NEW YORK, Dec. 8.-The National In
dian association held Its annual meeting
In this city today, when Mrs. Amelia S.
Qulnlan, who has been president for the
last twenty-seven years, tendered her
resignation and later was made honorary
president. The following officers then were
named: President, Rev. William Brewster
Humphrey; vice president, Mrs. Walter R.
Brooks; eastern vice president, Mrs. Ida
Sarah Klnley, New Haven, Conn.; south
ern vice president, Mrs. E. John Ellis,
Covington, La.'; western vice president,
Mrs. John Bldwell, Chlco, Cat; corre
sponding and general secretary, George W.
Cook; recording secretary. Miss F. Mar
shall; treasurer. Miss Anna Bennett, and
auditor, Mrs. P. William H. Laird.
The association adopted resolutions ask
ing congress to adhere to Its past de
cisions against the appropriation of money
for the support or aid of sectarian schools.
President of Council of Jewish
Women Is Succeeded by Mrs.
Huso Rosenbnrn.
CHICAGO, Dec. 8. Mr. Henry Solomon,
who has been president of the Council of
Jewish Women since 1892, when the organ
Ization first came into existence, retired
from the leadership today. As soon a
Mr. Solomon's retirement waa announced
at today' session, th office of honorary
president waa created and the retiring
president was elected as the first Incumb
ent for life. The following officer were
elected for the ensuing year: .
Traldent. Mrs. Huso Rosenhhrr. Alln,
gheny. Pa.; first vice president, Mrs. Martin'
Rarbe, Chicago; second vice president, Mrs,
M. Puppe, Sioux City, Ia. ; recording secre-
tary, Mrs. E. Strauss, Baltimore; treas
urer, Mrs. J. R. Ludah, Ixiulsvllle. Ky. ;
auditor, Mrs. v iscn, rroviaence, k. i.
The office of corresponding secretary was
abolished and the office of executive secre
tary created. Miss Dadle American of
New York was elected to the new office.
Former United States Deputy Marshal
Found Guilty of Padding;
Expense Account.
KANSAS CITY. Dec. S.-r-W. H. Thomas,
formerly a deputy United States marshal at
Springfield, Mo., was fined 100 In the
United Slates district court today for hav
ing falsified his expense account with th'
government. He was Indicted by the grand
iury several days ago. 1
Melsner llrnd Wisconsin Team.
MADISON. Wii., Dec. 8 Arthur Mels
ner of Yankton, 8. D., tonight was elect.,
captain of the University of Wlsconal.
foot ball team for next year. Melxner all
be graduated in June, but will return V.
play during the next season. He Is quar-
terback on the eleven.
Movemeat of Ocean Vessel Deo. S
At New York Arrived: Kroonland, fruit
Antwerp; Baltl, trorn I tverpo il; Kurneim
from Glasgow; Georgic from Trieste
Sailed: lielllg Olav. for Christlania.
At Movillc Sailed: Corinthian, for Si
JoV-n, V. li.
At IJverpool Arrived: Manchester Cor
poratlon. from Philadelphia.
At Havre. Arrived: Sardinian, from Uon
At St. Johns Arrived: LucunU, from Nn
At Ant werp Arrived: Marquette, Iron
United States Marshal for Nebraska ia
8ummarily Remeved.
Executive Order Diiposing of Inonmbent
Issued Testerdij.
Execution of Conn's Ben'enee Leads to
Marshal's Dismissal.
Officer Admits He Turned Prisoner
Over to Their Counsel for Time
Mentioned In th Court's
WASHINGTON. Dec. e.-The president
has summarily removed from office United
States Marshal T. L. Mathews of the dis
trict of Nebraska for alleged misconduct In
connection with the case of Richards and,
Comstock, who were recently convicted In
that state of Illegally fencing the public
domain. The sentence of the court wa
that the defendants should remain In the
custody of the United States marshal for
six hours. The president ha information '
that Mathews immediately turned them
over to the custody of their counsel.
Reporter Break the Sews.
The first Information Marshal Mathews
had that he had been removed from office
was from the newspaper reporters. Ho
"I have received no word from Washing
ton regarding the matter and the Informa
tion that I have been removed Is certainly
a surprise to me. Upon what grounds the
action was taken I have no Idea. It ls true
that about a week ago the attorney general
wrote to me asking for a statement of what
I did with Prisoners Richards and Com
stock after sentence had been pronounced
upon them. I made a clear statement of
tho case tr. the attorney general. 1 will not
give out that letter for publication at this
time, and neither will I say what I did re
garding the prisoners. I will say that in
their case t only followed precedent and,
did what has been done upon a hundred oc
casions before". In the Senator Burton case.
If you remember, after he was sentenced
the marshal allowed him to remain with
his lawyer from Saturday until Monday.
The Information comes to me as such a
surprise that I do not want to make any
tatement of my side of the case at thin
time. After I have thought over the matter
I will make a statement and set out my
side of the case." -'
Judge Munger wss told of the removal
of the United States marshal and expressed
utter Indifference nver the matter.
I have nothing to do with the matter
and know nothing of It," he said. "Ther
Is nothing for me to ay." And the Judge
resumed his reading.
Letter from Mathews to Moody.
The Washington correspondent Of The Bee
furnishes a copy of the letter written by
Marshal Mathews In reply to the request
of Attorney General Moody of November
28, explaining reasons why he did not per
sonally take charge , of Bartlett. Richards
and W. G. Comstock. The letter Is dated at
Omaha, December I, and reads:
In answer to vour letter A
2S. 1906, I have honor to reply. Referring
iirui iu newnpuper stories, one paper St ltd
that I took Messrs. Richards and Comstock
to a hotel, where we. iHneH lumninnnaiv
and spent the remainder of the evening s't
mc iu.-a.iei. mere was not one word or
truth In this statement.
The Washington correspondent of the
New York Sun stated In his paper that I,
In company with defendants, snent six
hours In a restaurant and saloons. Thl
also wss a straight up and down lie.
1 presume other papers hsd like etorl.
equally as false. The -et8 are that after
the court had passed e 'ence on Richstds
and Comstock 1 appointed R. 8 Hll. who
had acted as their attorney and who Is a
gentleman of the highest character and
standing, to take charge of and kop in
his custody the defendants 'for the period
stated In the sentence, which he aftifward
Informed me he did, and I l-icl.-se herewith
the statement made by Hall, affirming that
he executed my instructions and the order
of the court In good faith.
My action in this case waa not unnsutil,
but was one that Is imte frequently done
by marshals nnd sheriffs, nnd so fir a mv
knowledge of the practice tn this dlstrlot
goes It was not exceptional or unusual.
My understanding was and Is that sen
tence In "the custody of the marshal" f jr a
few hours was mere formality, and did not
contemplate or mean severe treatment, and
I do not think the court Intended It other
wise. My understanding of th order ws that
they were to be restrained of their liberty
for six hours, snd that was done, under a
reliable man and In a reputable p'ace,
known to me, and where I could And them
at any minute during that period.
My acquaintance with Richards and Com
stock ls ono of the most casual character,
and I am not now and have not been under
any financial, political or social obligations
to them, and there existed no reason why I
should accord to them any favor or unusual
Indulgence that I would not have thought
proper to grant to any other person under
similar circumstances.
It may be that I misapprehended my duty
In the matter and In not exercising personsl
surveillance, and that I was remiss In offi
cial conduct. If so, I beg to assure yoii
that It was without thought or Intention of
violating the proprieties of the case or act
ing other than would be In keeping with
ihe order of th court, and I sincerely re
be made the occasion or causa of complaint
gret that any official action of mine should
to you. Respectfully,
United States Marshal.
I'pon his own statement, as set forth IB
this letter of the marshal, the attorney gen
eral recommended to the president that h
be removed from office.
What Wa Don to the Prisoners.
It has frequently been reported that Mar
thai Mathews Instead of keeping Comstock
ind Richards In his custody turned them
ivr to their attorneys. Another report ha
t that Mr. Mathw took th men to th
heater and then to a dinner after the how.
Vlr. Mathew refused to mk a statement
t tliU time regarding hi custody of the
Th news of the preldenf action soon
-pread through the federal building and
lot only created much curprlse, but alu
om apprehension. It wa fully an hour
ifter the marshal had been informed Of
,na president's action by the newipapera
that he received hi telegram from the
resident announcing hi dismissal.
Following the receipt of this telegram
ludge Munger, Clerk Thuminoll pf th
"nited States circuit court, Marshal Math
'w and Deputy Earl Mathew, a son of
he marahul. held a lengthy conference iu
hit private office of the marshal to discus
vhst was to be done and to talk ovr a
tatement to be niade to th public. During
his Mm four of th deputies were In the
outer office disguising. Ui disposition w