Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 13, 1905, Image 1

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    Omaha Daily
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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