Omaha Daily BEST Business Boosters EE Want Ads. )TRQNS Worth Having eopie Who Read The Bee ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MOUSING, DECEMBER 13, 1905-TEN PAGES. SINGLE COPY THREE CENTS. The Bee. RYAN TELLS STORY Proprietor of Equitable Gitee Account of Interview with Harrirata. MAGNATE WANTED TO NAME TRUSTEES Threatened to Uie Iaflnence Againit Ryan Unleei Demands Wore Met CONVERSATION BECOMES STRENUOUS I Union Paoifio Han lYormed that Partner Wai Not Wanted. LEGISLATION REFERRED TO INDIRECTLY Action hy Anr State Officer Wii Threatened Directly, bat De mand for Division Was insistent. A'EV TORK, Dec. 12. Tnomas F. Ryan today appeared before the Insurance In vestigation committee and told what E. II. Harrlman did and threatened to d when he demanded that Mr. Ryan concede him a share In the control of the Equitable Life Arstiranr society la at June. Mr. Ryan aitaurcd the committee that he had meant ho disrespect by hi former refusal to dis close their conversations, and mid that he had determined to aniwer the question to which he had refused replies on Friday last beceueo District Attorney Jerome said he ought to do so. Mr. Ryan's version of what Mr. Harrl man demanded and what he threatened to do upot. the refusal of his demands was In substance as follows: That Harrlman demanded one-half of the SOS shares of the stock of tne Equltahie Life Assurance society, wnlch Kyan had purchased from James H. Hyae nnu which Bave Mr. Ityan control of the property. That Harrlman threatened unieas he was conceded this share In the control of the society, to exert tils political ana all other Influences against Mr. Ryan and his project. That Harrlman declared there probably wouid be leglHiative. action, nnd that In that event his influence, would he Import ant. That Harrlman demanded the right to name two pf live trustees to vote tne con trolling stock in the election of directors of the society In reply to repeated questions by Charles E. Hughes, counsel of the committee. Mr. Ryan stated that Mr. Harrlman did not threaten that there should be legislative action unrcss he was given a share in the Equliable control, but said there probably would be such action. Neither did Mr. Jlnrrlnum threaten any action by an officer of the government. It was a strenuous Interview, Mr. Ryan said, nnd was held In the presence of Ellhu Root, then Mr.. Kan'a counsel, now secre tary f f state, and Paul D. Cravath, also Mr. Ryan's counsel. Mr. Ryan told the committee that he ew the Inference from it that Mr. Harri man did not want anybody to control the F. quiifible society unless lie had a share in it. Mr. Ityan also stated that he paid (nu attention to Mr. Harrltnan's statement that' his influence .would be important In trie t feht'W'ttelirrve-ittUon'aiid titfirrmerT .hlnt that they wonted no partners In the enterprise. Mr. Harrlman did not get tlr coveted share of the stock. Mr. Kyan declared thnt this Interview took place within a few days after lie got control of tho liydw stock. l'nited States Senator John F. Dryden of New Jersey, president of the Prudential Life Insurance company of America, was on the witness stand ail the remainder of the day. He tostllled that his company paid &M.00O to the1 republican national cam paign fund In 1KW, 1900 and 1904. It also paid $5,li0 to Andrew Hamilton, formerly tho N(w Tork Life Insurance company's Initiative ogont at Albany. ) Testimony of Dryden. Senator Dry den said he has been presi dent of . the Prudential for twenty-four hi he,nma i-r..n.w with tn. t " : lunula Samuel. burnnco in 1. The Prudential's capital ! fnder secretary for colonial affalrB. Win stock Is now $2,mu,0C0. Witness said it was "n Leonard 8pencer Churchill, organlaed a. a stock company- pure and ! pm"'1" t0T War; the elrl of simple and its surplus was regarded as ' Paymaster general. Richard Knight Caus belonging to the company. ! ton- . , , , Tne company, the senator said, paid IT.500 I 10 the dmlraIty- -Mnnmd Rob- to James H." Flood for feea in opposing the' I'nder secretary for India, John E. Ellis. Colorado law against child Insurance a few ' years ago. Hamilton was consulted about legislation threatened In Illinois, but witness did not remember what the consul tation was. . Senator L.den said his com pany had much trouble over legislation. Hia company contributed nothing to the Equitable Lite Assurance! society. New York Life or Mutual for legislative expenses. "How is It possible that you do business with so small an outlay?" asked Mr. Hughes. "Mr. Hughes, we have worked hard and tried to be honest." Since ISM the Prudential has paid to the Metiopolltan Life Insurance company, as a share of legislative expenses, the sura of ttt.640. Holey Flsk. vice president of thu Metropolitan, had charge of the expend! turea, and, witness aaid, always made sat isfactory explanations of them." The aenator ea.d all hia company's legal xpenses were fair, ojen and above board, and the company never spent a dishonest .li . Mu v nn lAvislMtlnn 111m nruiettee Af nn. ' " -". -r- peering before conimlttecea waa before he iume mihllo officer. ..TV ' , . . i i w. . "I have heard a great deal about corrup- lion." said Senator Dryden, "but I never found it or never to the extern of il did my company contribute to any corruption funds." .-,. ... k li ..i. -I .i , . , . ... buisd with the Prudential and Metropolitan to oppose hostile legislation. Tho expenses were divided so that the Metropolitan and . ' . . , , . . . u Prudential companies each bore two-fifths uf It aud the John Hancock one-fifth. State Ofllcer on Payroll.' uimlnti ri,-A',lM o-ltil that In 1S04 Thmi.Ma N. Mi Carter then attorney general of ,!w ; 'fu Vlnhur iV'ent RooI Mate of New Jersey, aim paid $J7.5"0 by tliu ! veil could be made aware of lus aentlmi-i,ts 'Prudential for legal services. Senator Dry- i "'e American government would nesltnie .en explained thnt under lb. law. of New i J- tiSM Jer';y u public ornctul of that state Is at in Washington worn almost imnicdiuiely liberty to mgne In private business while J notified that this petition waa here, imi no ,,.,l,i:,, otflee arrangements were made for its vuepttou tioio.iitf nice. until after Japan's statement was acceti The wltnesa descrilwd the legal expenses j and acted upon. The object of this i.bl nf lSWl. auiouuting to $, 7, and in 1C gram is to disavow any aoiuieiu'ence in the when they ware If,, It coat hi. company VnrZV' ftlj '1 la.irti lor the auit growing out of the In. ; tween America and Core i which IhJ juianoe of Mr. Blair of St. Louis, who j l'nited Htates definitely promised to Lee Its . i.nnelited suiclile "J '"ices in cane Corea is o.pi cinc.1 it .. n ii.lltert atilchU wronged. The t nlied titatea waa In full fill, attempt of lle Wisconsin insuruuee treaty relations with Corea up lo tho time citniiuUsioner to aliut the Prudential out uf I hen, upon the lepreaenlatio.ia uf i.mii .hat s.au, in cost the company s. and tho company won. , One-fifth of the l,ln!r claim waa paid. Tbe litigation grow ing oat uf the attempt, of tit Prudential Insurance company and the Fidelity Trust eonipany to get control of each other cost the lTuilentl.il company heavily. .Mr. flughe. read a statement from the company that the company haa never been a member of any underwriting zvrUUU whatever, either In Ita ewa name or la Uie naiu of Ka wfflcera. CCSSACKS ARE DISSATISFIED Last Mope of Reactionaries Hkon Maaa of Mark Popular lirtM. ST. PETERSBURG. Dec. ll.-Moi nine. Via Eydtkuhnen. East Prussia, Dec. 12 The sentiment of the workmen's delegate, which vu extremely depressed, has been omewhat raised by the receipt of a dis patch , from Moscow, claiming that the rev 'onary propognr.da has finally taken rot iong the Cossacks, the lust hope of tin ctlon. The third suuadron of the fh simunt of Don Cossacks l reported to J held a meeting and to have drawn "-Ice demands, claiming that the men 'J i like dogs and shabbily clothed. f ernment officials were forced to de the soldiers of thi Ir rifles anl lances. ' the first sign of disaffection on th. the Cossacks. up art Th prl Tb pui Oil .on having prevailed over the fury arot. r 1 by the arrest of the strike leaders, the workmen's council has rejected ' the proposition to order a general strike at present as untimely and has decided that the workmen should bide their time pat iently until all the preparations are com plete. The council reallted the weakness and unpreparedness of the workmen for a general conflict and hud been informed that the railroad men have already decided against a strike. The remnants of the labor and socialist delegates held a secret meeting In the hall of the Economic society at an early hour this morning, declined to Hccept the chal lenge of the government nnd ndopt resolu tions apainst the arrest of M. Krustaleff, the president of the executive committer of the workmen's council, and the other St. Petersburg leaders, which It was pointed out was only of local Importance nnd did not furnish cause for a general strike. The resolution, however, declared that It was the snored duty of all workmen to carry on the work begun' by the arrested leaders of equipping nnd preparing the fighting legions of workmen for nn nrmed uprising, adding: "In tho name of the future proletariat we refuse to make nny active protest." A triumvirate bercai'Ui will sulde the workmen's council. The government on Saturday arrested the most brainy men of the organization and the remaining dele gates not having sufflclrnt confidence In any of their number chose an executive cimilttee of three to guide the. policy of the council until events bring forth a wnrthy sucessor of M. Kustnleflf. The postal and telegraph situation is steadily ameliorating, though no wires arc working to points outside of Russia and the telegraphic: communication with the In terior Is very faulty. Many of the striking operators have lost heart, owing to the news from Moscow that the leaders when arrested were Indulging In an expensive supper at a popular Moscow restaurant In company with women. strikers and spend ing the strike funds lavishly on champagne and ex; ensive .'tsars and liquors. .. PARIS Dec. 12 A dl3pa'ch to the Journa' front St. Petersburg, dated December 1?, says that Minister of the Interior Durnovo has ordered the arrest of hundreds of agi tators in the agrarian districts. The dis patch says thnt the Installation of wire less telegraphy between Bt. Petersburg, Moscow and Wlrballon Is noarlng comple tion. The correspondent of the Matin at BU teraurJ.nnQraa, Afa, -f enprt IXe mutiny of Cossack -at Moscow. Ie adds that the peasants' alliance has issued a proclamation advising those adhering to the alliance not to pay taxes and to with draw their money from the banks. BRITISH t'ABISET APPOITME TS Loots Mallet to Be Private Secretary to Foreign Secretary Grey. LONDON. Dec. 12. Foreign Secretary Grey has appointed Louis Mallet, C. B., to be his private secretary. Mr. Mallet has held posts in the British diplomatic service at Rio Janeiro. Rome and Egypt. . Further ministerial appointments were announced today as follows: Financial secretary to the treasury, Regi nald McKenna. Patronage secretary to the treasury, ueorge vvnueiHW . '"'' 'r rant anairs, nerDen , ' 1 . M .. , mm i . , , Attorney general. John Lawson Walton. Solicitor general, J. S. Robson. Lord advocate for 6cotland, Thomas 8haw. COREA DENOUNCES . TREATY Emperor nay a Convention with Japan la Void Beeanae It Was Ob tained by Force. WASHINGTON. Deo. 12. - Homer B. Hulbrt, the special messenger from the emperor of Corea, is in receipt of a cable- ! gram from Corea in which the emperor de- . clares that the agreement between Corea , and Japan la null and void because It was i obtained by force. Ha also declares that he will never sign thla agreement-in its preaent form, and that the disturbances which attended the "outrage" of November IT are) likely to occur again. Concerning the cablegram from the Em peror of Corea. Mr. Hulbert said: inn is irn. nrsi genuine word that bus been received from Corea giving the real i a'tiide f that government toward the Thla la the first genuine word that has ' ireacneroua act of the Japanese. For j several weeks the emperor was practically In confinement and Japan gave out the ' ,".te,'"I"t11,1nh,? Ll a,nh,:' ..'!? to be untrue. The agrumneni was made i , under dureaa and at the point of the sword, i ' bin the emperor hua at Ihhi succeed . d In ! i piercing the cordon uf Japanese and gel- ting information to ihe outer worlJ. My mission to America is no longer a socret. i y,,,ldd lflail!"'e,.n?ur' ""Uclpatl.ig aoine such act of bud lultli on the port of me Japanese, tried through me to fore stall It by lodging un appeal with President Kooveu. i no orjjeci or ny coining wait surmised and' the coup in Seoul was nasteneu so mat it occurred the very day mnent' iook'S.u'ie"!!! cuttijig ott dirett diplomatic iflaiiins lih Corea. Nomlnatlona by President. WASHINGTON. DC. U'.-Tbe president today sent the following nominations to the senate: l'nited Stales Attorneys Nathan V. Har lan. Nebraska, district of Alaska division No. S, Kail M. Ciausiou, liisiiioi uf Cum ruda. l'nited Status Marshals Creighiti . VI. t'erakvr. territory gf Nw Mexico WILL ENFORCE ELR1NS ACT Attorney General Iasuei Special Order to Alt District Attorneys. INVESTIGATrONS ARE TO BEGIN AT ONCE I """"""" ! lustrnrtlona . aArc Issued to Bring i Charges of Conspiracy Warn- I ever Evidence Will ' WASHINGTON. Dec. l:-Attoiney Gen eral Moody today sent a circular letter to ; eighty-five in number, directing them vigilantly to enforce the provisions of the Elkina act against rebates and discrimina tions of all kinds by carriers. The method of proceeding suggested is by way of In dictments. It is the expectation that this letter will result tn the prompt Investiga tion of all complaints made of discrimina tions by carriers, followed by Indictments where the evidence warrants. The de partment Itself, It is stated, has Investi gated thoroughly all cases brought before It, but it bus not the facilities to Investi gate these practices all over tho country. and It has been felt that these caaes were of a nature that could -e safely entrusted to the discretion of the district attorney. Teat of Moody Lriter. The following is a cony of the letter sent today to the district attorneys: 'Attlii..Qll)N, Dec. Ix. Office of Attor ney wetieiul 10 L'nited Slates Attorney: An act entitled '"to lurtuer regumie co.n merce among loielgn nations and among tne staicK, approved rcbruary 1H, itf.'.i, UJ hints. 817), commonly - Known as ttiu Elkina act, Is directed against the rebates iinu otln i uiBcruinnaiory piHcilees by com mon carneis. It maKeo aucn practices nus ui iiicanon and prov lues for their punish ment ny lines. It turtner provides for tneir promoiiion tiy tne injunctive pioctan of tne courts, 'l hire is no provision mat criminal prosecution shall he by tno special direc tion m inn a.uniiey K'.'ueral, but In section nl it is provided ihut proceedings tor in junction fiiaii be liegun whenever the at torney general shall direct." You are di inct.'u onigeiitiy 10 investigate all com plaints wmcn may come to you from any oiu ice. of violations of this law and upon our own initiative to make investigations if tneie appeals t you lo be reaionaoie ground tor suHpecting violations of tins law. In every cone In wnicn you can secure .sutlicieiit evidence, you will submit tfirtt ciance to the grand jury, with a view of securing Indictment. Whenever It is practicable It in dc-Klrable that indictments shall be returned both against the snlpprr and the carrier. In some coses, however, it may be impossible to obtain eutnclenl evidence without tne aid of the testimony or one of the utility parties to the tian sactlon. In sucn a case It would be wise to use sucn testimony, of course, afiording to the witness or witnesses, immunity from prosecution. Under tne Elkins law the only penalty for Its violation Is a fine. I suggest to you, in nil cases where the evidence would warrant It, that an Indictment for conspiracy to commit an offense uenlnst the United States, baaed upon section Ma) of tho Re vised Stn lutes, bo obUilned. The supreme court has held in Clune against I nlted States UM V. 8., 6fX. R'js) that a conspiracy to commit a orime Itself punishable only by tine may be punisned by Imprisonment. In the event of obtaining a conviction upon a charge of conspiracy of this kind you are directed to present to the court the desir ability of inflicting the penalty of Imprison ment to the end lhat these unlawful prac tices, which hnve received almost universal condemnation, may he discouraged and pre vented a far na existing law will aocom- thnt part of the net which renders unlaw ful any rebnte, concession or discrimination In thn'transportation of any property in In tersiale or foreign commerce wr.ep'by any such property shall by any de vlre whatever be transported at a less rate than that named In the tariffs published and filed. I desire to Impress upon you the Import- ancc or naing every cnort to execute i nese directions. ou will report to ihe depart- mtut from time to tinio any action wnicll you may take upon this subject. Very re spectfully, WILLIAM 11. MOUtiy. Attorney General. Investigation Begins In Chicago. CHICAGO, Dec. 12. Exhaustive invstl- gatlon or some of the railroad companies j cast out of a total registration of lU.non, centering In Chicago has been decided upon Two yearn ago Patrick A. Collins, a dem by the local federal officials. Subpoenas : ocrat, waa re-elected by a plurality of more have been isaued for a large number of than 80,000. In the recent state election the railroad men and heads of large Industrial ! democratic gubernatorial candidate carried concerns which have heavy yearly ship- the city by a plurality of approximately merits, to appear before the federal grand' 16,000. Jury which has been summoned for De- 1 cember 19. District Attorney Morrison la j said to have received his Instructions from j Attorney General William H. Moody. Evi- . dence secured at various aessiona of the Interstate Commerce Commission haa given j rise to the Investigation. The matter came 1 to a climax today when Special Attorney . J. T. Marchand, for the Interstate Com- ! tnerce commission, called at the office, of, District Attorney Morrison and. It la de- ! clared. delivered evidence Into hia posses- : slon which resulted In the issuance of the subpoenas. The present investigation. It Is said, will be limited . to the roads against which specific charges of rebates to large shippers have been made, leaving the other roada for further Investigation should the occasion arise. Subpoenas Issued In Philadelphia. PHILADELPHIA, Dec. U.-Subpoenas were served today by L'nited Statea deputy ! marshals on a doxen persons who have I , j . .. o..... r-,1 1. been summoned by United States District Attorney J. Whitaker Thompson to appear before the federal grand Jury tomorrow and give testimony In the prosecutions to be brought against certain railroads and shippers for rebating. Ten wltnessea were summoned In this city, one in New York and one in Washington. The district at- torney atill refuaea to make public the names of wltnessea or defendanta. It is ! said the contemplated prosecution, have do with at lea.t three tranaportutlon which la In the west. STANDARD OIL MEN WANTED Attorney Henry Wellntnu Will Persist In serving Natpoaaas In New Vork. i NEW TURK. uec. u'. Henry Wellmau, j who will act with Attorney General Hadley ' of Missouri, tn prosecuting the aulta of that i state against the Standard OH company, said yesterday that considerable progress had been mude in serving the Standard Oil ' ! ufMclula with subpoenas, and be expected . to have them all served before January 8. j If not, however, it was tbe Intention of j the attorney general to keep after th.m j persistently until they were caught. ! LAST RITES FOR MITCHELL i Body of Oregon Senator Laid to Rest After services la Port. J la,d. PORTLAND, Ore., Dec. 12.-The last rites to the memory of the late Seuator John II. Michel! were aaid today. At 10 o'clock the casket waa taken to .the council I chamber at the city hall, where until 13:J0 the publiu waa admitted. At 1 o'clock the casket was removed to the First Congregational church, wheVe i ilia seittces wets bald. Following tlietts. 1th body waa Interred In Rlverview uemo- tery. J "BEEF TRUST" CASES BEGIN riiirm Against McRoberts of Armours Is P suttaaed tt the Attorney. District CHICAGO. Deo. l4 Attended by at lm- p0"1" arr- tWent " crowd ox spectators. in last preliminary -o in formal trial of the "Beef trust" cases be- fan here today tofore Judge J. Otis Humphrey In the United States court. The 1""uc" to " ,rled w"re 'on " "Peclal pleas raisea oy me pneaera ana wuicn mini oe ' settled by a jury trial before action is ! taken on the Indictments returned by the federal grand Jury. . The case had scarcely opened before the government and thedefense rlasrWl In a mild way. Attorney 'Jobn 8. Miller, acting for the packers, demanded without quali fication that the charges against Samuel A. McRoberts of Armour ft Co., one of the defendants, be dismissed at once. Din- trlct Attorney C. B. Morrison, for the gov- ..wL. , -hih ernment. asked for one day's time In which to consider the matte'. I He admitted that Mr. McRoberts had '. testified before the grand Jury which returned the lndtcments Attorney Miller declared that in view of that fact, although the defendant had entered special pleas under ,th law. Mc Roberts must be discharged. Judge Humphrey said, that he understood the law to be as stated by Mr. Miller, where upon the district attorney entered n nolle prossequl. dismissing the case against Mc Roberts. James R. Garfield, commissioner of cor porations,, upon whose testimony much of the government's ease depended, w-aa among those in the curt room this morn ing. He waa subpoenaed to tell what be did while Investigating the beef Industry and whether under that Investigation the present defendants were promised Im munity In this case. Five men from Mr. Garfield's department will be hero tomor row, to give evidence In the case. The attorneys for the defendants de manded for their clients a separate trinl in each case. District Attorney M"i'V i objected. Attorney Miller spoke at le.i... i on the right of tho defendants to tepnrnle trials and was finally Interrupted by Judge Humphrey, who asked: "In the cases of two postnfflce burglars wo would require tbrhi to stand trial to gether, would we not 7" "Yes, your honor," replied Mr. Miller. Other attorneys for the packers made lengthy arguments for separate trials and District Attorney Morrison objected for the government, The .debates finally sub sided Into a conference and It wan agreed that all the defendants would stand trial together, the defense announcing that It had no desire to prolong the trial Indefi nitely. It wan also ngreed that b'lth sides should have seventeen peremptorily chal lenges for each juror, or 204 in all. Other challenges may be mado for cause. No proceedings were held after the agree ment regarding the trial had been reached and, the selection of a Jury will commence tomorrow morning; DEMOCRATS WIN IN BOSTON Former 1 Conarraamnn ' . Elected Mayor' Over Fitsarerald Threo ' . Other .Candidates. ' BOSTON. Dei". 11 The democrats were victorious In Boston today, electing former Congressman John F. Fitagerald mayor ' over three other candidates. Fltxgerald's plurality over his nearest competitor, Louis A. Frothingham frep.), speaker of the Mas- " T II " . . " ' . " .. 1 L I i w ". . I John F. Fitzgerald fdem.) 44.HK5 ' , Louis A. Frothingham (rep.) 3o.S3ii Henry 8. Dewey (ind. rep.). james A. wuson tcuy ana inn. amei dem y ( 51 The vote todav was ununuallv heavy for a city election, more than 92.0HO votes being it was evident tonight that Fitzgerald did not receive his full party vote, several ' strong democratic districts giving Frothing- I ham a plurality because of factional differ- J encea. . To ' complicate the situation Here-were 1 twno republican candidates In the field. ' Frothingham was the regular party nonil- ' nee, having defeated Henry S. Dewey In the primaries by a margin of about 100 votes. Dewey asserted that fraud had been practiced at the polls . and declared 1 himself as an Independent candidate, The city declared in favor of liquor license by a large majority, ' OHIO BUILDING IS RAZED 1 . Brick House Torn Diino at Loralne and Nonunion Cnrpenter la Aaaaultcd. LORAIN, O., Dec. 12. Because the master ' plumbers declared for an open ahop here three buildings were wrecked at midnight ' last night and a carpenter who endorsed the action of the plumbers waa murder- ously assaulted. I The journeymen plumbers made demanda i that the employers insisted they could not ,,":Bl """ " . "r I " ven hv- , Jhe aCtlo.n t1,Iowd b' -axlii of ! lne ""i""" T T " near'y VUlllt'lCVCU. H ssMasuaiaaa, Sar 141 aja- BIU Cf high and braces on all three floors were ! loosened, a rope was attached to the build ing and It was pulled down. In the John ' Rosenfeld block the plumbing wua pulled ' mi nf riftstrOVMlV as was the imw alust the Doboa block. J. W. Selaer, a nonunion carpenter, wua asaaulted and beaten Into Insensibility and thrown on an electric railway track, where he was, fortunately found shortly before the passage of a car. L'nion members de clare their members hud bo hand in the outrasts. , The police so fur huve failed to liend the miscreants. appru PROFESSOR PAYS A FINE Notre Utnt Teacher Pleads Uullty to feeadlnsr Iaaprouvr Postal Card Thronarh the Mall. INDIANAPOLIS. Dec. U.-For sendHig i postal card addressed to "il. H. Peck, offi cial man butcher. Windsor, VL," through the mails, Robert L. Green, professor of chemistry at Notre Dame university, wet fined $10 and coats upon a plea of guilty tn the 1'iJied States district oourt this after noon. The card was sent to H. H. Peck, sheriff at Windsor, in connection with the case of Mrs. Man' Rogers, who was executed last Friday for the murder of her husband. In extenuation of hia offense Green suid that tne card waa written and sent uion impulse after reading of the caae, without beluf fully acquainted with Ma details. CITY COUNCIL PROCEEDINGS Another. Iidepandent Telephoie Ordinaaoe in Sent to Iti Best. JUDGE BAKER ARGUES FOR SUBMISSION Matter Presented to Council, bat Vote U T to 2 In Favor of Killing the Bill Before It la alerted. For the third time within a few mouth an ordinance asking the privilege of sub mitting the question of a second telephone franchise to popular vote was denied by the city council laat night. Thla tlmii the ordinance came lr. a somewhat different form, the names of local men being omitted nn.l IhAM rxt fuAt. 1 1 ll.l.n n C " V" , , ... . L Snldpr of Kansas City being substituted as antedates with T. E. Parmele and T. II. Pollock of Plattsmouth. The alternation made no difference. There were two votes In favor of Yeferrlng the ordinance to a committee and seven against It Back, Comstock. Dyball, Evans, Hunt, O'Brien and Schroeder opposing the measure and Zlmman and Hoye favoring It. All this; too, In the face of an bratlon by Benjamin S. Baker In which he presented the proposition and expounded the duties of the councllmen. He was applauded by group of auditors, but In less than ten seconds after he had finished the ordinance ! was reposing on the marble slab. Councilman Evans, In a profane moment, expressed the sentiment of himself and his colleagues when he said: "Toil can't coerce any of us by talking about election day, or what you will do then. You can take your ordinance nnd carry it through elec tion day and he damned with It." Judge Baker's Promise. On the other hand Judge Baker's most synthetic remark was: "Thin ordinance in not presemea lor pastime, it you my iv on the table It will be resurrected an many I times between now and election day as It , Is possible, nnd on election day again. It I comes nere nacuru vy weam,. m.nur n.m , i" ""v J"-i """ " , It will do and we are going to Ill do ann we are going to present It to the people of Omaha for their de cision." To which the councilman from the Sixth ward spoke his mind about coercion. Coun cilman O'Brien too. crossed swords with the Jurist several times and the verbal blades flashed merrily. It was no easy mat ter for the Judge to speak. As soon an the ordinance, Introduced by Councilman Hoye, wan rend Councilman Huntington moved to I lay It on the table. Hoye requested per mission for Judge Vtaker to talk on the subject and Evans and others objected, but President Ziniman by main force suc ceeded In giving the judge a change. Conditions of tbe Ordinance. The ordinance itself Is similar to the ones that, have gone before (t and bave suffered the same fate. It calls foe a flfty-year grant,' promises the most lm proved apparatus, 1 per cent, royalty to the city on the first five yearn' earnings nnd I per cent for the remainder; provides for an underground district and facilities ' In. duct and t nolo linen . for-, tbe fir. ,. and police, alarm wires;.- gives twelve, tele-i phones free to the city; offer to charge ; nothing for service until J.000 'phones are installed and then up to 8,000 not tb ex- ceed $5 yearly for business 'phones and fSW for residence; to-porty lines. It nnd j $T4t and four-party line residence, MS; over 5,000 ! a year is to be charged for j each additional 1,000 'phones with a max- Imum of $72 and $4S. A cash bond of j $25.0(10 is, to be put up to guarantee the I . r " . . .... completion or a capacity pram -nuum . two years. It Is agreed that a system be established In South Omaha and Intercity service provided without additional charges. ; The franchise may. be sold to other cor-; In the city or competing and may be used ta float bond issues and other obligations, j The seekers agree to pay the cost of a I special election at which the question Is to be submitted these costs. ind will deposit $7,000 to cover Judge Baiter's- Argument. Judge Baker In prosecuting his argument aaid: I want to any there are not many men In the l'nited States that aland higher as financiers, nor many that have a higher rutins' nor manv that stand so high as men than Mr. Joseph H. Helm of Kansas ; City. Ner.t to him and equal In all but I it nance is Mr. O. C. Snider of the same ) plate. These men, with Mr. Parmele and ' Mr. Pollock, who stand as high as any , I citizens of the state, come to Omaha ask- 4 inn this council nothing. They are not nuking you to give them a right or a privilege. They are asking of you only j that you recognize tne rig n is or tne peo ple of thla city to aay whether or not they want to grant a franchise to a cor poration representing millions. They pro pose to invest In this city not less than fl.6uti.fX4) and probably $2,000,000. I'auallv nronosltlons Involving such a local investment are hailed with delight by public bodies and tne newspapers, i ne charter contemplates that you shall 'give the people the right to say whether or not this Investment shall be made. Mr. w,.im tnld me a few hours ago that if it 1. 1 . ndna .m'Ara Ha vnnlrl I have this telephone system complete wiihlu ' western railroads settled the grain rate nine months after the franchise 'was .war at a conference here today, when the granted. He proposes to put as many Chicago, Milwaukee & St. Paul agreed to i,Tea.ewm holdVOrk 00 ,tree' cancel It. through corn tariff from the Mis judge Baker explained the term, of the ouri river to Liverpool and all the rouds ordinance, mentioning the fact that a assented to a test 4-cent differential in clause provide, the book, and account, j 'ivor of the gut port, and against tho At shall be open at all times to Inspection for lantic ports for nix months. The St. Paul taxing purpose.. He continued: ome ' th th"r " held "t for a If you are afraid thi. ordinance will be i -c"t differential, but the gulf road, would favored bv a majority of the people you i concede only half a cent under the figure In k,, nn riiiht to Bland in Its way. If you - tnr,. r.rovlnim n the rate, war are opposeu to iwu lh t. . . w n v. city it is your duty and your privilege to VMta aaainst it. but you have no right to f i say I shall not have an opportunity to vote ! I for it. The people of this city alone have ! lhat right ana me ngm iu ocout. n n mutter for the people and not for the coun cil. When you aay to the people, "We know more than you do," there is a day of reckoning coming. O'Brien on the Matter. Councilman O'Brien, breaking in, after the passage with Evana. said: "I have asked you to tell me who is going to pay for this big Investment and you have evaded my question. It Is the people of the city who will pay for It In the end. These people you represent have no money to put In here without expectations of profit. Omaha will pay the freight. We have one telephone system bare now and I do not propose to double the tux of the people by adding another one." "I have not requested you u be for the double .system," suld Judge Baktr. "No one expects any one to believe that Mr. Helm and his associates propone to muk r. donation to Oinsba. Tim service will be paid for, of course, but you have noted, perhaps, thai the rals aie to De at least to per cent less than those now charged." Later a retort by the Judge to Council man Evans that be was sorry Evan, was a councilman brought out applause und Evans suld tve was a. gurry aa the judge about It. The remainder of the controversy was along the same lines as quoted. Judge Baker put- ooMuued on Second Pstfojj NEBRASKA WEATHER FORECAST Fair Wednesday and Thursday. Temperature at Omnlin Veaterdnyi Hoar. Dear. Honr. Ilea. K a. na : p. tn at a. na 4 V p. m H.H T n. m .1:1 ;t p. ra . . As) N n. m I i, a 3 i a. na 32 R p. m fin 1 a. ra put H p. an 31 II a, n .14 T p. m "- III m 30 ft p. m 32 O p. m 30 SIX CHILDREN BURN TO DEATH Home of William Morgan at IJndaay, Pa., Deatroyed by Fire la tbe Mftht. DUBOIS, Pa.. Dec. 12. Six children were burned to death at Lindsay, near Punxsu tawney. at an early hour today and Wil liam Morgan und wife, the parents, with their two remaining children, barely es caped with their lives. The names of those burned lo death are: THOMAS, aged 11. PEARU aged fi. ORACH, aged 3. ETHEL, aged 3. RACHEL, aged 13 months. INFANT, aged t months. Both tho father and mother were badly burned In attempting to save their little ones from their burning home. The mother threw two of the children from an upatairs window, thereby saving their lives, and Jumped out herself as the roof fell In. She was badly burned and will probably lose one foot as the result of her Injuries. The father In bIso badly burned about the hunds and face, but not seriously. WILL OF MRS. F. B. HARRISON F.ntate of Million Dollars to Be Divided Equally Am on a Husband nnd Children. jjEW YORK. Dec. 12-The wlU of Mrs. Fnnrin Purton Harrison, who was killed n an automobllp dent on Ixmd Island. ! November 25, was filed for probate today. Mf iiarrn and Henry G. Scott aro i,.m.it as eierntors. Mrs. Walter S. Martin, a friend living In San Francisco. Is left $5,000. Jewels and trinkets are distributed among friends and relatives. Two-thirds of the residue of the present estate In to be divided equally be tween the two children of Mr. and Mrs. Harrlnon, Virginia and Barbara. The re mainder goes to Mr. Harrison absolutely. The value of the estate is believed to amount to more Ihnn Jl.ono.nno, consisting chiefly of tbe fortune left to Mrs. Harrison by her father, the late Charles F. Crocker of San Francisco. SENSATION INC0URT ROOM Kentucky Judge (alls Grand Jury to Investigate Charge of At tempted Jury Bribing. LEXINGTON. Ky., Dec. 12Judge Waits Parker of the circuit court created a acn- nation today when he called the grand Jury summarily into tho court room and oharged It , to, take up at. onco a.jharga.Just made that a certain Juror had ocen offered a public bribe to find a verdict In favor of Judge James Hargis of Breathitt county, In the recent triHl of Hargis for the assaa- slnatlon of James CockriH. The matter readied tho court through the columns of The Voice, a prohibition paper edited by Kav. Edward Snodgrass, who claimed that a Juror In tho Hargis caso hud admitted to him thnt he had been orrercd a nnnc, mit refused to accept. i c . ,, .,,. , . , ; onwunnir. " ouuiiiumit-w uuu 11115 granu Jury at once entered Into an investigation of j the case. MORE pftY POR WOOL WORKERS Thirty Thousand Employee of Sew England Mills liet Advance of Ten Per Cent Next Tear. BOSTON, Dec. 12. Beginning on Monday, January I, 70,000 operatives employed by tho American Woolen company of this city, will have their wages advanced 10 percent. The Scotia worsted mills of Woonsockot. , conironea oj an inaepenoent concern and employing wo nanus, tonight posted notices of a similar advance. It Is estimated that the advance will give tho American company'a operativea an ag gregate of about $1,000,000 moro each yeat than they have been receiving. All the American mills In Massachusetts, Rhode Island, New Hampshire, Maine, Vermont, Connecticut and New York are affected. GRAIN RATE WAR AT AN END St. Paul Wltbdravie Through Tariff and Four Per Cent Differential In Favor of Gnlf la Agreed To. CHICAGO, Dec. 12. Executive official. ELECTION OFFICERS PUNISHED Four Philadelphians Are Given Fines and Imprisonment for Illegal Klectlon Work. PHILADELPHIA, Dec. li-Thomaa H. Hartmun. Jr., William licgan and Charles Judge, election officers In the Twelfth pre. clnct of the Fourteenth ward, were'today fined $300 and sentenced to two years' im prisonment. They were convicted of pad ding the assessors' Huts and conspiracy to make fraudulent returns of the election last Feoruury. Benjamin Williams, another officer of the surne precinct, wua fined $13o and sentenced to one year tn prison. Movement, of Urea a Vessels Dec. 12. At New York Sailed: ICaloer Wllhelm if for Bremen: Georgia, for Naples: Furnes sla. for Glasgow; iiidianupolls, for Seattle. Arrived: I'nTied States, from Coiienhagen At Glasgow Arrived: Columbia, froni New York. At Liverpool Arrived: Wlnifredian, from BisMon. At Gibraltar Arrived: Romanic, from Boston. Sailed: Koenigln Loulne, lor New York At Havre Arrived: California, from New York. - At Bremen Arrived : Rheln, from New Yurk. At rtieruio tuuicri: tiuiia, for New York. At Trieste Sailed; CarpaUOa, for Now York, PLEA FOR MATHEWS R. B. Etbugider Inreot to 'Waihingtoi in Behalf of rx-varsba1. SENATORS PROFESS IGNORANCE OF VISIT Insist Action of Marshal Followed Prece dent of Dandy'i Time. MANV APPLICANTS. FOR THE POSITION Burkett and Kennedy Qite Out Namea, Vat Millard ia Silent PROPOSAL TO PENSION MILITIAMEN Dakota ftnldlere Who Went Into Indian Campaign Ask aina Hlchta na Those ia Civil W,r, (From a Staff Correspondent.! WASHINGTON. Deo. ' 12.-(Spelal Tele gram.) R. li. Schneider of Fremont, former national committeeman for Nebraska, la due In Washington In a day or two. To day both Senators Millard and Hurkett professed Ignorance aa to the visit of Mr. Schneider; but, as they have adopted the policy of remaining silent in matters Inti mately associated With the Mathews case, which It In presumed brings Schneider to Washington, Schneider unquestionably comes for the purpose of protesting against the summary dismissal of his brother-in-law, T. L Mathews, a. l'nited States marshal for Ihe district of Nebraska. He cornea for the purpose of securing a rehearing for Mathews, believing that, should the president grant the aame, tho marshal will be able to show the attorney general that tlj treatment of Bartlett, Richards and W. O. Comstock wa along the lines of the custom established during Judge Dundy's time. There Is a feeling among the members of the Nebraska delegation that the re moval of Mathews was not so much to punish that Individual on the part of the Department of Justice as to show Its dis satisfaction with the sentence Imposed upon the prisoners by Judgo Munger. The Judgo cannot be reached. Applicants for the Place. Since yesterday a number of new appli cations have been received by both Sen ators Millard and Burkett from well-known Nebrankans asking to be considered aa can didates for the Mathews vacancy, Benntor Burkett stated thnt he had received the applications of W. II. Newell of Platts mouth and A. J. Wright of Tecumneh. whllo Representative Kennedy announced the candidacy of D. Phlppa. preaent sheriff of Burt county, and L, N. Gondcn of Omaha. Senator Millard, however, refused lo give any information as to applications filed with him. In this particular he differs from hia colleague, who, believes that mut ters of news to the. state ia to know who are candidates' for federal offices, . Both , admit there is an abundance of good mn teiial to-Vmcceed Mathews,' should tho dele gation fall to secure a rehearing for. the . Fremont man. Each, seemingly. I" .parting ' for wind, and before they niako Up their minds for a candidate to succeed Mathews It IS anticipated there will be a good many hours of exhaustive dlncusslun. Penalnna for Militiamen. Senator Gamble today introduced a bill extending the provisions of the existing pension lawn to officer, and private., their widow., children and dependent parents, to members of the Dakota militia of 1S62-63. These volunteer, assembled to pro tect the frontier settlements of.. Dakota, Nebraska, Iowa and Minnesota from the Invasion of hostile Sioux Indians following the Minnesota massacres In lat2, and who for several months performed military ser vice in behalf of the Territory of Dakota beforo adequate protection was afforded by the l'nited Stated government. Postal Contracts Let. The following pcreona were today awarded contract, by tho Poatofflce De partment for carrying malls in regulation screen wagons from the depots to post offices in the following elites during the coming fiscal year: Nebraska W. A. Gordon, Omaha, $15,49$: VV. J. Barnes, Norfolk, $777; Granville Ensign, Lincoln, $5,400; J. A. Spral, Grand Island, $1.7v0. South Dakota John Thomas, Aberdeen, $1,500; John Gererloff, 8loux Falls, $2,300. Carriers Appointed. Rural Carriers Appointed: Nebraska Davey. route 1. Lynn C. Mitchell, carrier: J. W. McGeor, substitute. Iowa Liver more, route 1, .'harle8 N. Howltt, carrier; O. 8. Hewitt, substitute. West Cheater, route 1. Wesley E. Auber, carrier; F. G. Chesley, substitute. South Dakota Conde, route Robert H. Robertson, carrier; Charles R. Robertson, substitute. i George W. Elrlnk has been appointed postmaster at HoluUrd, Hyde county. South Dakota, vice E. C. Catklna resigned. ARMY OFFICERS GO TO JAIL Lieutenants Burbauk and Border Are I'nder Arreat In the Philippines. FORT LEAVENWORTH. Kan., Deo. li Ad vices received here today ore to the effect that First Lieutenant Sidney C. Bur bank and First Lluulenaut David A. Snyder, both of the Sixth infantry, have been placed In Jail in the Philippines, for. "conduct unbecoming officers uf the L'nited States army." The exact nature of the charges Is not known here. Both aru well known officer.. Lieutenant Uurbunk came into prom inence by becoming engaged to :i prom inent Leavenworth woinuu while still mar ried to Concepiion Vnsquea, a Filipino. j The Vasqucs woman stopped tbe marriage to the Leavenworth woniau and iVoently i cecnred a conditional divorce from Eur ! bunk. BONUS FOR SMELTER MEN Employee of Colorado Plants W bo Work Full Time Neat War to Uet Five Per Cent Kstra. DENVER, Dec. 12. Announcement of a bonus lo be paid next year to laborers iu the Colorado nlanu of the American Suielt- ! lug and Keliuing ion, puny, "for faithful, ! continued and efflclcnt service," was made ' toduy by Franklin, Uullernian, general inan i ager of tho company. The bonus I. to be t per cent of the annual turnings of ein I ployes who work not less than ISlil full I shifts during tbe year, ai d according to Ilhe COIll!uuy'a vsifmu-ie. Mill -ftcruo its annual disbursement for labor la Una aiaio over tiO",Mt