The Omaha Daily Bee
No Filthy Sensations
THE OMAHA DEE
Best & West
A Pspsr for ths Horns
THE OMAHA DEE
Best West
ESTABLISHED JUNE 19, 1871.
OMA1IA, SATURDAY MORXIXO, FEBRUARY 3, 190-TWELVE PAOES.
SINGLE COPY THREE CENTS.
MAKING XOTIIREATS
AithoratiTs Butement of Attitndi of
President Toward Legislation.
NO ULTIMATUM TO LAW MAKERS
Chief Ixecu'iTs Deeply Interested in
- Pending Measures.
STANDS BY HIS LAST MESSAGE
Hepburn Bill Embodies Eii Ideaa on Bail
. way Legislation.
SENATE COMMITTEE WILL REPORT IT
This Mrttart, or One Like It. Will
Receive bnppovt of at Least
Three Republicans and
All Democrats
WASHINGTON. Feb. :. President
Roosevelt is not tryitig to dictate to con
gress what It shall do or not do regarding
railroad rate legislation or uny other prob
lem of legislation. Ho liaj not delivered to
the senate or to the house any sort of an
"ultimatum" on subjects of legislation and
1ms not held over tho heads of congress
"thu threat of an extraordinary session" it i
lie does not obtain ths legislation for j
which he is hoping. This statement U
niiiuc oy auinnruy; aiso inai suggestions
of a compromise of any sort on rate regu-
latum which do not embody llio substance
of the president's message on the subject
have not appealed to the president. Jt can
hIco bo said that he doubtless would re
fuse to accept a compromise which would
affect any essential feature of thu proposed
legislation.
What Is known as the Hepburn bill now
under discussion by the house embodies
substantially the president's views as set
forth In tils last unnual messuge. In the
early days of the present session he
thought the measure proposed by the In
terna toy Commerce commission was the
most practicable offered; but after mature
consideration it seemed to him that the
Hepburn bill was better.
Will Report Hepburn Hill.
Members of the senate committee on in
terstate commerce have ussured the presi
dent that cither the Hepburn bill or a
measure resembling It In essential features
will bo reported to the senate. Tho senaio
committee will not be unanimous, but tt
will represent the vlewa of a majority of
the members. The report will be supported,
It is expected, by Senators Cuilom, Dollt
ver and Clapp and possibly by other repub
licans and by the democratic members of
the committee. It can be stated that while,
the president desires that such rate legis
lation shall be established as he has recom
mended he la firm In hla attitude that the
railroads as well aa the shippers will be
dealt with entirely justly. He wants noth
ing in the law ihat would affect unfairly
the rights or the property of thn raltroada.
lie la confident that legislation to be
framed substantially on tho lines of the
3upWmi-'tnl!aiuTes';'ni','prove fair alike to
the railroads and to the people. He Is not
trying to dictate matters of detail and of
course, will preserve an open mind as to
proposed amendments which do not affect
the material and substantial features of
the bill. Senators Dolllver and Clapp had
another talk with the president today on
the rate regulation question following a
meeting of the senate committee at which
the subject was under consideration.
stains of Statehood Measure.
The president is Interested deeply In both
the Philippine tariff bill and the statehood
nira.'ure. Concessions as to either one of
them have not. It is stated, been given
serious consideration. At the White House
It Is understood that an effort is to be made
In the senate, first, to eliminate Arizona
ana ew Mexico rrom consideration as n
Joint af.te. and if that should fHll. secondly,
to incirpcTiite In the statehood bill a pro
vision for-the reference of the question of
Joint statehood to tho voters of the two
territories. It Is too early yet to say with
a-jy degree of accuracy what the result of
the latter proposition may be. Senator
Beverldge of Indiana, chairman of the com
mittee on territories, has assured the presl
dent that In his judgment the measure as
It stands ultimately will he. enacted Into j done their best by advice to their congro
law. That would be as the president de- gallons to remain calm, but without avail,
aires, but it Is not unlikely that lie would 'the militant Catholics bring firmly resolved
sign the bill, even if it were sent to lilm
with the referendum proposition included.
Flarht on Philippine Dill.
A vigorous fight is being made on the
Philippine bill. Just now ft is not merely a
aajoilty and minority on the measure, for
the senate particularly Is divided Into sev
eisl groups on the measure, each one of
which represents a different view. Whether
these divergent views can he resolved and
tin- measure, pr.ictl-ally ns it stands,
enacted into law or not, remains yet to be
tletermlned. "eeretnry Taft. who is a
munch ndvocate f.f the bill, has let it be
und'isivid that no compromise involving
ait In. T-nse of the tariff rates on Philippine
ug;ir and tobacco Imports over the Ji per
rent rate proposed in the pending measure
w i.l lie accepted If (bis l.ws are to obtain.
He spurns the Mtsgestlon that in order to
secure vote lor lh Hepburn rate rceuln.
tlon bill th administration would be will
It. g to permit the Philippine sugar and In-b-icvo
Imports, to come Into the fulled
Staler at a rate of M per cent of the Ding
li y tin Iff rates.
B-cirtary Taft would bee the Philippine
bili ilfeated on a direct vote rather than b"
a jnrty to any such compromise.
t
TVII.I. RKPOP.T RATH .11 RAM IIP
Senate Committee Agrees to Take
Flnnl Vole February IX.
WASHINGTON. Feb. 2.-Rallroad legisla
tion lil te voted on by the senate co:-i-i.H'.
tee on Interstate commerce on February
Pi An .ifu-ien.cnt to take final action at
that tin e on ail the'' incisures pending be
fore the committee ' was leached today
Tre dlfVerrnces of the opposing faction.
I Me narrowed down to the court feature,
rf the bills, but these present a va-lamv
a.l tiit'.rd to l.e fatal to a harmonious com
nii'.lo report. Tiny liny le summarized
l:i this proposition: Whether there shall
be a ntelc provision for review by the
t'nltcd States courts of orders of the Inter
state Commerce commission establishing
l;it hefore such orders become operative.
C:i this question reus the fate of the .'.
v. lite I; us of the president as submitted
to c.r:ies In his annitil message to eon
g -os. The Hepburn bill before the hous.
d,es no: contain this provision In direct
terms. This bill meets with the approval
of the administration. The supporters of
the me i sure as well aa of the Dolllver
Clapp hill, which Is built on similar lines.
io: ttnd that common carriers have the
atme rights aa other persous and can go
(Continued on Second Pugs.)
RUSSIA FEARS THE PEASANTS
Feeling- Prevalent That Worse Out
break Than Formerly W ill t ome
In the prlna
ST. rETRpufRU. F-b. i In view of
the pre d conviction prevailing among
the mar 1 of the nobility, members of
the lomt nnd other classes which are
In direct "i with the peasants, that the
spring wf tness n renewal of agrarian
disorders T shout the country on a more
deplorable than ever before, the em
peror has 5 ressed a plain, outspoken
mandate to peasantry, setting forth
that the rlgl T property are sacred and
that the peat will be violating his will
If they attem, enter into possession of
private lands. t the same time hla
majesty has assured the peasants that with
the ro-opc ration of the national assembly
he will Institute measures for their relief.
The emperor'a words were delivered per
sonally to a deputation from the Kursk
government and will be sent broadcast
throughout the empire In the hope of coun
teracting the widespread belief prevailing
among the masses of the peasantry that
liia majesty had ordered the distribution
of all private lands and that only the land
owners and local officials were hampering
the execution of his will.
The emperor on this occasion addressed
the Kursk peasants as "my brothers" and
talked to them In simple Russian terms
capable of being understood by the most
ignorant peasant. He said:
I am most glad to see you. i'ou must
know very well that every- right of prop
erty is sacred to the state. The owner has
the same right to his land as you peasants
have to yours. Communicate tills to your
fellows In the villages.
In my solicitude tor you I do not forget
t(
peasants whose needs are dear to me
mid
1 will look alter them perpetually, ns
did my late father. The Gosdarstvennain-
duma Hhe. national assembly) will soon
assemble and In co-operating with me dis
cuss the best measures tor your relief.
Have confidence in me. I will assist yon.
Hut, I repeat, remember ulways that right
of property is holy and inviolable.
Count Eugene Troubesky, who presented
the resolutions of the marshals of the no
bility to tho emperor. In an Interview at
tributed the agrarian troubles directly to
the revolutionary propaganda. He expects
excesses in the bprlng. when the peasants
throughout the empire. In preparing to lako
possession of and bow private lands, will
become wilder than ever, because they arc
unable to agree on a division of the spoils
and will fall to fighting among themselves.
The land owners now are practically ruined.
The convocation of thu national assembly
la Immediately necessary to cnublu the gov
ernment to raise money abroad, set it ou Its
feet and enable, it to carry out Its plans
for the wholesale colonization of Siberia,
which Is an Imperative measure of relief.
11 lilt LIN, Fell. 2. Replying to an inquiry
today regarding the report that he bus been
condemned to death the Russian revolution
ists for furnishing lltiuuclal assistance to
the government of Russia, Herr Mendel
sohn, head of the banking house of Mendel
sohn & Co., said:
"I have received many threatening letters
from tho Russian revolutionists since the
revolutionary movement begun. The latest
was a sentence of death with a coffin and
skull and crossbonos pictured on tho com
munication. This was six weeks ago. Rut
I have not yet been molested, though Htr
lln is full of Russians. I do not attach
anyimportance to the threats. They only
amuse me."- -
RIOTING IN PARIS CHURCH
Officials and Police Who Attempt to
Kilter Edifice llllndrd With
Cayenne Pepper.
PARIS, Feb. 2. As a net result of lo
day's rioting, though the Inventory wa
taken In but one church, that of St. Pierre
Grescalllou, over fifty persons were seri
ously Injured and a further considerable
number slightly hurt. The latter Included
a number of police ami firemen, who were
almost blinded with cayenne pepper. Fifty
arrests were made.. The storming of the
building was greatly protracted owing I 'J
the use by the defenders of red pePPr.
After repeated efforts the police and tire
men only succeeded In entering the church
by employing chairs as shields. The flrit
two who got through the doors wtre
knocked unconscious. Those who followed,
although they were thoroughly exnsMT
ated, refrained from violent retaliation.
M. IxMiis I,eplne, prefect of Paris, and
other high officials nnd the newsipeis ot
all shades of opinion deprecate the violent
Incidents. It is said that the clergy have
to resist whnt they term th spoliation of
the many Paris churches, containing many
millions of francs worth of Jewelry, mlli-
i tnry medals nnd decorations, given by the
(devout as thank offerings. It is charged
that the blame for the recent conflicts at
taches to thi' minister of the Interior be
cause of his order that ihe inventory of the
churches should tie carried out before the
regulation uion the separation law are
definitely drawn up. This leaves the Catho
lics uncertain regarding the eventual fate
of church property and their doubts on
this subject have brought about their re
sistance to the order and its results. The
authorities are determined, however, that
the law shall take its course and the dis
orders be suppressed with vigor.
Twenty-two hundred Inventories already
have been made throughout Fiance, many
without Incident, but Paris cotftnlns sixty
nine Roman Catholic churches, of which
but half have been visited by the officials.
Proceedings will continue tomorrow and
in older to prevent a renewal of the dis
turbances the authorities have kept secret
the hours at which the commissioners will
visit the churches.
FRANCE WAITS0N GERMANY
Pmperor'a Representatives Desired to
Show Their Hands at
Algeelras.
PARIS, Feb. S. Safeguarding France's
preponderating political Influence In Mo
rocco appears to be the main point of the
French program at the Moroccan confer
ence at Algeciras. On other questions
V'rance has prepared In a liberal spirit to
meet any proposals formulated, but it will
tnke a Arm stand relative to the police.
Such Is the view expressed in quarters en
joying the confidence of Ihe ministers here,
where It Is also affirmed the French dele
gates are determined to await the disclo
sure of Germany'a proposals before making
known tTieir proncsltlons.
It Is argued that this waiting attitude
is Justified by tho fact that the desire for
a . conference emanated from Germany,
which should therefore take the Initiative
in declaring Its views. The French cabinet
possesses the unanimous support of the
country In maintaining the position that
France's position In Algiers allows It the
right of u predominant voice in Moroccan
affairs. Any other solution of the confer
ence would be regarded by the country as
a display of weakness and ths view la gen
erally expressed that u return to the statu
quo would be preferable
RATE BILL IN I HE HOUSE
Further Argument! Adfanoed on Behalf of
' toe Hepburn Heaiue.
LAND LAWS EXTENDED IN WYOMING
Tract of Land Ceded by Indiana la
Made "object of General
Laws of I'nlted
tatea.
WASHINGTON. Feb. 2. Oratory on the
railroad rate bill held the attention f the
house for six hours today. The speeches of
Burton of Ohio, McCall of Massachusetts
and Russell of Texas were features, while
Thomas of North Carolina, Burke of South
Dakota and Goulden of New York took up
particular and specific topics.
Mr. Ilurton discussed the broad field of
proper national Ideaa and growth of Indus
try, corporation development and traffic In
crease. Mr. McCall made an attack on the
bill, opposing Its fundamental features and
making, aa he knew, a vain effort to have
the power to regulate the railroad rates ad
ministered by the courts. Point after point
he made to show what he contended were
the weakness and evil of government rate
making, illustrating by records of foreign
countries. Mr. Russell argued for the meas
ure. He spoke as a democrat snd gave that
party credit for sustained effort and 'for
careful scrutiny In the perfection of the
measure.
Mr. Burke, a member of the committee In
which the measure originated, explained Its
details.
Before proceeding to the consideration of
the railroad hill today the house passed a
hill extending the public land laws to a
tract of land ten miles square In Wyoming
ceded to the government In 1W7 by the Sho
shone and Arapahoe Indians.
Thomas Opens Debate.
Mr. Thomas tN. Y.) opened the discussion
011 the rate bill, making an argument In its
favor.
Mr. Thomas said the bill was In line
with the democratic position, the presi
dents position, the views of the Inter
state Commerce commission, commercial
bodies all over the country, Including his
own slate, and the outgrowth of public
sentiment.
Referring to the losses sustained by the
truckers of his district, last spring he in
sisted refrigerator cars should be placed
under the control of the commission.
Mr. Goulduti tN. Y.) gave lis reasons for
I supiKirtliig tho bill. It was the best of its
kind ever presented.
In beginning an hour's seccli In favor
of the bill Mr. Burton (O.) dwelt' on the
growth of the corporations in this coun
try. He could remember when this was
not the case, when small enterprises flour
ished. Now, the mechanism of steam huu
transformed Industry so completely that
the employe Is but a cog in a tremendous
mechanism. '
The same great strides In truffle had also
tuken place. 'Regulation was demanded by
the conditions. The two essential features
of the bill were at first tho fixing of a
rale, and second, the speody adjudication
of that rate In the courts.
With 160.001 rate schedules related one to
Hie other, he was not iiure what Ihe result
would be nor what 'the court of last resort
would decide. However, he did not antici
pate revolutionary orders by the commis
sion nor havoc as the result of them. The
difficulties of the policies to be inaugurated
such as the long and short haul and the
"basic point" questions, Mr. Burton be
lieved, should bo fixed by congress. It
was the failure to exercise such responsi
bility tlmt resulted In the complaints that
the house was losing its power.
As to rebates, he said, human ingenuity
had hardly. If ever, been exercised to evade
the law, as has been the case since the
passage of the ElUiiis act. Discrimination
between Individuals, he maintained, could
and should lie stopped. The discrimination
between politics was u different problem, in
which many elements entered, and which
It may never lie. possible to overcome
Keek for Real Kill.
"If we seek for the real evil," said Mr.
Burton, "we must look to the Ideals of the
lieople. We have had 'sickening examples
of dishonesty in high places," he added.
Success, he said, nnd the admiration for
great wealth breaks down the line be.
tween honesty and dishonesty. Legislation
could do much to correct these evils of
dishonesty. Publicity was one step; to
cease condoning great offenses was another;
to provide equality of opportunity, tho
third. To make it plain that no corruption
was so great that it was above tho law,
was. he said, a duty of congress, and this
should not be confined to railways. Mr.
Burton concluded with the statement that
the present bill was a step In the right direc
tion and he hoped that year by year others
might be taken.
Throughout Mr. Burton commanded the
close attention of members and received
applause and congratulations on his con
clusion. Mr. Burke tS. l. i followed, having been
yielded an hour. He favored the bill and
reviewed the legislative status of rate
regulation laws.
Mr. Burke emphasised the . necessity of
defeating all amendments that may be pro
posed to the bill and have It pass the house
hy the largest vote possible. To do this
tnrant a generally good effect both In the
house and the senate. When Mr. Burke
concluded Mr. Mc"all took the floor In op
position to the bill. He was followed by
Mr. Russell of Texas.
STATFIIOOI) HI IX THE SEX ATK
Measure Partially Read When Mr.
Teller Objects to It Conditions.
WASHINGTON, Feb. 2;-Thero was for a
moment today a prospect that tho state
hood bill would receive Its first formal
reading in that body, always the Initiative
step in the consideration of any measure
rei.orted ftom a committee. The senate
took up the calendar Immediately after
disposing of th routine business and aa
the statehood bill occupied the first placs
the secretary had begun to read it before
any of the opponents of the bill had real
ixed the situation. He had covered but a,
few paragraphs when Mr. Teller put a stop
to the proceedings for the time.
The shipping bill was made the basis of
a running debate between Mr. Patterson
in opposition and Mr. Oallinger and Mr.
Perkins In support. Mr. Patterson critl
clxed the provision for a subvention to the
Oceanic Steamship company, saying that
that concern waa now under contract to
carry the malls at good compensation and
that the request for a subsidy amounted to
a demand for more money on Its contract.
Messrs. Galllnger and Perkins replied that
the company was losing meney.
Mr. McCumber made a brief statement
regarding the substitution for the pure
food bill presented yesterday by Mr.
Money. He referred to a newspaper clip
ping credited to Mr. Money that the pend
ing bill was Intended to give power to Hi
'Continued on Secoud Page)
BANQUET FOR CHINAMEN
Protestant Missionary Hoard Enter
tnlns Imp lal Commission
In k-w York.
NKW TORK. Fe!.. I fnder the nusplces
of the various missions ry boards which
have their headquarters In New Yo-k a
notable dinner was tendered to the visiting
high commissioner i of the emperor of
China, Secretary Tuan Fong and Tal Hung
Chi. assistant Secretary of the Imperial
Chinese treasury, tonight at the Waldorf
Astoria hotel. John W. Foster, former
secretary of state, presided, and addresses
were made by Lieutenant Oovernor M.
l.lnn Bruce, a welcome on behalf of New
York state; Arthur Judsnn Brown, who
spoke In behalf of the missionary lioard;
Viceroy Tuan Fong, who voiced tho ap
preciation of the commission for the wel
come extended by America; Morris K.
Jessup, president of tho New Tork Chamber
of Commerce; Bishop Coadjutor Greer of
the Episcopal diocese of New York; Presi
dent Nicholas Murray Butler of Columbia;
Rev. Manclus H. Hutton, president of the
Board of Foreign Missions of the Reformed
Church In America: Rev. Dr. D. Gamewell,
professor in the Peking university, China,
and Sir Chentung Uang-Cheng, the Chi
nese minister at Washington. IiCtters of
regret were read from President Roosevelt
and Secretary of State Ellhu Root. Eight
hundred men nnd women were seated about
Ihe tables.
LYMAN ALLOWED TO TESTIFY
Former Head ol National Packing;
Com puny Telia of Cqnrersation
With Mr. Garfleld.
CHICAGO, Feb. 2. Arguments concerning
the admissibility of evidence occupied the
greater part of the day in the packers'
case, and at the time of adjournment but
two witnesses had been upon the stand.
Last night. Just prior to the adjournment.
District Attorney Morrison objected to any
statement of Jesse P. Lyman of Boston,
former president of tho National Packing
company, relative to any conversation be
tween Mr. Lyman and Commissioner Gar
field. He claimed that Mr. Lyman waa not
a party to the trial, nor was the National
Packing company, and therefore his evi
dence as to a pica of immunity should be
ruled cut. Judge Humphrey finally per
mitted Mr. Lyman to relate the conversa
tion. It did not differ materially from other
conversations of. the same kind that have
been previously given.
Late In the day. when under cross-examination
by District Attorney Morrison,
Mr. Lyman admitted that the National
Packing company had never slaughtered un
nniinal or mude a sole. He declared that
it is 4 holding company only.
CLEVELAND FACTORY BURNS
Twenty-One Houses Also Destroyed
and Two Hundred Persona
Are Homeless.
CLBVJCLAND, FebC. Fire starting from
on undetermined cnuse on the sixth floor of
Ihe knit goods factor ofN. J. Jtlch. Co.,
Payne avenue and Bf. wHuttth itraist., lata,
this afternoon destroyed that tmlldlng, with"
an estimnted loss of S7B.lV, sent at least SO
girt employes lit a semi-panic from the
lower floors nnd destroyed twenty-one dwel
lings adjoining the Rich factory on Payne
avenue end on both sides of Seventeenth
street.
The total fire loss Is about S136,iO. The
Rich building was completely gutted. The
lire spread so quickly that scores of the
girls ran from the building without their
street garments to face almost zero weather
outside. So far as learned no person wuss
hurt. As a result of the fire fully SX peo
ple are homeless In the coldest weather
Cleveland has experienced thla) winter.
Although no one was seriously injured
several firemen and one lineman were hurt
by the falling walls- The cold was Intense
and several firemen suffered with-frozen
fingers nnd toes.
TAIGNY HELD STANDING
Doyen of Dtploinntlc Corps of Yen
esneln Protests Aanlnatr Action
of (Government.
WASHINGTON. Feb. 2-Secretary Root
today made public the correspondence be
tween the doyen of the diplomatic corps
at Crnrn. protesting on behalf of the
corps against the treatment of M. Talgny.
the French charge d'affaires, nnd
the reply of the Venezuelan minister for
foreign affairs, together with a note from
M. Talgny, aboard the Martinique, formally
protesting against the proceedings of which
he was a vic'lm.
The doyen. i who is the Brazilian nilnls
teri. addressed a note to Minister Ybarra
saying the corps may refer the matter to
their governments and that the action
"seems strange to them." Mr. Yharra, re.
plied that the affair is one of "mere in
ternal police." The doyen replied that the
corps cannot sgree that an agent thus
loses his diplomatic character "from the
fart of a rupture of relations without the
fulfillment of the usual formalities." and
that in this case Mr. Talgny did not lose
his illplmmatlc character.
STOCKMEN ASK CHANGE IN LAW
Committee Appointed to Go to Waah
Inatou to I'rge Amendment to
Feedina Statute.
DENVER. Colo., Teh. 2. -A. E. Dericolea
of Denver. H. S. Bolce of Kansas City,
Mo.; M. K. Parsons of Salt Lake City. J.
M. Bnardman of Helena, Mont., and Peter
iMncGregor were appointed today by Ihe
, executive committee of the American Na
' tlonal Live Stock association aa a com
mittee to go to Washington February 20
and urge the passage of the bill allowing
thirty-six hours for stock In transit Instead
of twenty-eight hours, the present limit.
The executive committee will name a
board of control to take charge of the asso-
' clatlon'a affairs between the meetings of
the executive bodies.
MRS. YERKES SURELY MARRIED
Doubt Bet at Heat by Filing; of
t'ertllcate In Sew
York.
NEW YORK. Feb. 2. -Doubt , to the
marriage cf Mrs. Charles x. Yerkea to
'Wilson Mizner waa set at reat today by the
. filing of the certificate of the marriage
with the bureau of vital ataistlcs.
I In addition one newspaper cuotea Mrs.
j Yerkea In confirmation. According to this
paper Mrs. Yerkea said today: "All I can
say Is that I am happily married "
Wilson Mizner left his hotel toduv and
with hla baggage drove to the Yerkes' home
on Fifth avenue. He said he might give out
another statement un Urn luurrlage aoun.
MORE CATTLEMEN PINCHED
It anaper for 1 ehards and Comitock Ar
retted for Eecnr'n; Illegal Filings.
WARRANTS FOR HEnUS OF THE COMPANY
Illchnrda at Present In !erv York and
t'omatock Spending the Winter
nt n California Health
Heor.
ALLIANCE. Neb.. Feb. I (Special Tele
gram. Charles C. Jameson of Ellsworth
appeared In Alliance this morning, accom
panied by Deputy I'nlted States Marshal
John F. Sides of Dakota City, Neb. The
charge against Mr. Jameson Is that of se
curing Illegal homestead filings and the
vnrlous other charges Incident thereto.
It Is understood from unofficial sources
that warrants are also Issued for W. O.
Comstock and Bartlett Richards nnd that
suits will also bo brought against them
and the Nebraska Land and Feeding com
pany. Mr. Jameson hns been confidential
manager many years for the various Inter
ests mentioned, hut maintains his Innocence
of wrongdoing.
Mr. Jameson was tuken before I'nlted
States Court Commissioner T. J. O'Keefe
In this city today, nnd ball fixed for his ap
pearance at the next term of the federal
court at Omaha In the sum of $:i,nfn). which
was furnished this nfternoon.
Mr. RichHids Is said to be in New York
state at present meeting with the stock
holders of the Nebraska Laud and Feeding
company. Mr. Comstock, It is reported. Is
nt Coronado Beach, Cal.
"MISTAKE," SAYS GEN. BELL
Kew Chief of StnBT Does .ot Expect
to lie Made Major (General
at Prevent.
FOR I' LEA I.NWORTH, Kan.. Feb.
General J. Franklin Bel!, who. It is an
nounced from Washington, will become
chief of stuff of the army In April, said
today that he believed tho statement that
he would then be appointed major general
waa a mistake. Ho continued:
"The promotion of General Bales to suc
ceed General Chaffee leaves a vacancy as
major general, which I understand has al
ready been filled by the promotion of Gen
eral Greeley. The retirement of General
Sumner, within u few days, will make a vu
caney as ma jor general, which will be tilled,
I assume, by the promotion of General
Grant, my senior. The retirement of Gen
eral Hates In April does not make any va
cancy in the grade of major general be
cause ho will be succeeded by General Cor
bin. who now occupies a position which will
cease existence with his promotion to the
grade of lieutenant general. I, therefore,
iiesumo that I will serve In the grade of
brigadier general until promoted at the
pleasure of the president some lime In the
future.
"I could not be promoted to tho grade of
major general prior to September IS unless
I were Jumped over General Grunt. I have
no desire whatever to be jumped over him,
nor have I any reason to think It will be
MR. ERB KEEPS THE FEES
Pennsylvania ftnte Actuary Pockets
IU41.22.-t In Addition to
Other Pn.
HARRfSnt RG. Ph.. Feb. a. Tho most
Important development of the investigation
of the statu insurance department cume
out at tonight's session, when J. Clayton
Erb of Philadelphia, actuary and examiner
for the department during the term of
Commissioner Israel W. Durham, declared
with emphasis that he never paid to Com
missioner Durham any of the actuarial
fees -received by him. Actuary Forster
had previously declared that during the
term of Commissioner Durham, from lsl
to July If!, he t Foster) had handed Krb
$141,24 of the actuarial fees.
When asked by a committeeman tonight
what he had done with this money Mr.
Erb declared that hp had kept it.. Asked if
ho had paid none of it to Mr. Durham Erb
replied: "Absolutely none. It may sur
prise you, but I paid lilm not one cent of
thin money. I will go further and say that
none of Durham's executives got any of
this money."
Deputy Commissioner McCullneh testified
that Mr. Erb In addition tn the actuarial
fees received during the term of Commis
sioner Durham compensation amounting to
12.7i.S.
DEATH RECORD.
Herman II. Betten.
Herman H. Hexten. an old resident of
Nebraska, died nt the Methodist hospital,
Omaha, on Thursday evening. He had un
dergone a very serious operation and did
pot rally from the shock.
Mr. Bexten was horn at llerford, Ger
many, on August :i, 1KB. YVhcn 1 years
of age he came to America and located st
Quincy, 111. There he lived and prospered
for more than a quarter of a century, and
in 1ST he came to Nebraska and settled In
Adams county, near Hastings, where he
became one of the most successful of farm
ers. Eight years ago he retired from active
life and came to Omuha to make his home.
Mr. Bexten is survived by u, wife and live
children. John H. Bexten, his oldest son.
Is well known In Omaha, having been con
nected with the First National hank for
many years, as well as being prominent
In secret society work. Edward W. Bex
ten. the second son, is the druggist, at the
Gladlsh pharmacy. A. L. Bexten, the
youngest son, lives at Bird City, Kan. Mrs.
L. Lay. one daughter. Uvea In Omaha, and
the other, Mrs. Frank Nref, Uvea at Pekin,
111.
lord Mashain,
LONDON. Feb. 2. Ixird Masham (Samuel
Cunliffe Listen, the patentee of many in
ventions, including a compressed air brake
for rallroada and a wool-combing machine.
ntea inin morning si owinton abbey, I
Masham. county of York. Ha wus born In
1815 and waa created a baron In 111.
Mrs. Ella llorch.
MISSOFRI VALLEY. la.. Feb. . (Spe
cial.) The death of Mrs. Ella Bureh at the
age of 3 years occurred here recently.
She was the daughter of Elder Isaac Sker
ton. The deceased leaves three daughters
and one aim. Three other children died In
Infancy. t
senate t onarmi dominations.
WASHINGTON. Feb. !.-The senate In
executive esion today confirmed the fol
lowing nominations:
Brigadier General George B. Davis, to be
judge advocate general, with the rank of
brigadier general: Bricadier General Wil
liam Cmxier, to be chief of ordnance with
the rank of brigadier general; also other
gnnv nominations.
Captain Charles JI Stockton, to be a
rear admiral in the navy, and other naval
nominations
Consuls Maxwell Blake of Missouri, at
I'ui.iul Madeira: Geoi ge M. Holschlck of
WUcutikUi, at Trieste, Austria.
NEBRASKA WEATHER FORECAST
Fair ftalnrriay nnd Warmer In East
ern Portion! Sunday, Fair, nnd
Colder In Western Portion.
Temperature nt Omnba VesterOayi
llnnr.
."V n. tn . . ,
lies. Iloor. tier.
. at t p. m '
.82 a p. m ;t
.22 i p. m MT
. k.t 4 p. m .17
.21 ft p. in ::
. 2H H p. m .in
. hh t p. m :t:t
. .12 s p. in at
n p. in RO
l n . in . . ,
n. in . . ,
n . in . . ,
in .
COLD WAVE IN THE EAST
Delorr Zero Temperntnre Prevalla In
Xeve York and I pper
Lake Region.
WASHINGTON. Feb. 2-The weather
burenu reports tonight that a cold wave ex-
tends over the eastern portion of the I'nlted
, States, the lake region and vnrlous portions
t of the west, with extremely low tetnpera
, tures in many places. The cold wave nnm
j from the extreme northwest and moved
' over the Mississippi "and Ohio valleys, the
j lake region and over the Atlantic atates
generally. The mercury has fallen con-
slderably as far south as Savannah, where
the record so far Is 42 degrees, with possl
; blllty of freezing by morning. In northern
New York unotriclal records show ns low
. ns Jft degrenj Ih'Iow zero at various points,
i The weather bureau's report shows that the
j temperature teJay was 30 degrees below at
i Rocklifte, tmtarli: 24 degrees below" Ht
i fault Ste. Marie. Mich.; 10 below at Duluth
i and hi below at Moot head. Minn.
The cold wave w ill not he of long dura
! tlon. ns Indications from all sections give
prospects for more moderate weather soon.
FLATTSBl'RG. N. Y.. Feb. 2.-Tcle-
graphic reports from the Adirondack re-
glons today state that the temperature
i dropped about 40 degrees there last night. '
' Yesterday it was almost like April through
out the north woods, but today the ther
mometer registered troin to J degrees
below zero.
Bl'FKALO, N: Y., Feb. J.-Thc coldest
weather of the winter was recorded here
j today. At & a. m. the thermometers n gis-
tered 1 below zero.
! PITTS FIELD, Muss.. Feb. i-Thr mer
! cury took a decided drop tod.iy. Within
: sixteen hours the temperature changed 49
j degree, registering 2 above zero tills morn-
lug.
! CLEVELAND, Feb. . Ohio today rxpeii
! enced the coldest weather of the winter.
Zero weather Was generally reported and a
still lower temperature is promised for to
I night.
! P1TTSUL RG. Feb. The coldest weather
of the present wlt.ter Is being experienced
in this vicinity today. The weather fore
cast is for colder wenther tonight.
NEW YORK LIFE INVESTIGATED
! Commissioner of Five States Finish
Their Work and Present a
Bill of svtn.ooo.
NKW YORK. Feb. 2. Examiners and tie
countants representing the Insurance de
partments of the states of Wisconsin, Min
nesota. Kentucltv. Tennessee nnd WchmHkn
who jQWuach tgo eTB joint nrwivl
gallon Into the- affairs of the New York
Life Insurance company,, today completed
their task. They nre expected to report at
nil early day to their respective state de
partments. To defray the expenses of this
Joint examination by the states named the
New York Life hns had to poy Sllo.two. Each
of the examiners has drawn fiymi the com
I puny compensation at the rate of J30 a day
j nnd an additional allowance of t" a day for
; Incidental expenses. Two of their number.
acting as a subcommittee, have also had a
five weeks' sojourn in Paris at the com
pany's axpense for the purjKise of Investi
gating tho New- York Life's Paris office.
(ATTACKS CUSTOM HOUSE SALE
! Mulre. of er York Wants Light on
j Deal for Federnl
Property.
WASHINGTON, Feb. S.-Repreaeiitatlve
; Sulzer today Introduced a resolution In
the house calling on the attorney general
. for information as to when the government
executed the deed for the custom house
property In Wall street, where the deed Is
nnd why It hns never been recorded in the
' county of New York, and other facts In
connection with Ihe sale of the custom
1 house property to the National City bank.
In explanation of the purpose of the
resolution Mr. Sulzer said the bunk was
dodging taxes. He charged that tho sale
of the property to the bank was scandalous,
as the property is said to be worth SlO.OiO,-
I i while 'the bank agreed to pay only
l IS.'.'&.Ouo and has not paid anything as
! ye-
SEVEN MORE BODIES FOUND
fen la t;rndnnlly tilt ing; I p Remains
of Victims of Ynlencla
Disaster.
VICTORIA. B C. Feb. 2 -Seven more
bodies of lctims of the Valencia wreck
I were brought here today on the tug !,orne.
! one of them believed to be that of Mlfcs
' Laura Van Wyek. a San Francisco girl,
i who lost her life In the disaster, and two
others identified as J. B. Graham of San
! Francisco and Fred F.rleksnn of St. Paul.
Eight bodies were left on the shore near
' the wreck, the sea rolling too rapidly lo
allow of their being brought off. The
, iKidies of two children landed here with
that of Viillnni Sibley, jr., were identified i
as the son and daughter of William Ogle
and wife, who were also drowned.
AFTER DULUTH BOARD OF TRADE
State Legal Department Would End
Corporate Existence of tho
touiraerrlal Body.
ST. PAl'L, Feb. 2.-Th state lcgjd. de
partment, through Attorney General Young,
today began suit to end the corpuiale
I career of the Duluth Board of Trade.
The papers were filed' In the Duluth
rourta and the Complaint Is that the board
i Is tn restraint of trade and consequently
In conflict with the anti-trust law of lSs).
The state, acting for the Minnesota Farm
ers' exchange, which says It Is discrim
inated against, is the plaintiff.
I Movements of Ocean Yessrla Feb. SC.
At New York Sailed: Pannoniu. for
Liverpool; Kentucky, for Copenhagen
At liost on Arrived: Siberian, from Ulus
gow. At Naple Arrived: Zeriah. from fog
horn Sailed: Hamburg for New York.
At London Arrived: Philadelphia from
Boston. Sailed: Pomerlan, for Halifax
At Liverpool Balled: Pretorlan, for Hull
fax. ,
At Queenstown Sailed: Cmyrlc. for Boa
ton. At H.ivre Arrived: IBietagne. from
New York.
At t'npenhageo Arrived: Hulllgolav, fro
New York.
ILL ST
Six Hundred Thousand Coal Diggers Will
Quit Work April 1.
JOINT CONFERENCE UNABLE TO AGREE
Proposal of Operator! to Kenew Old Con
tract Again Be.used.
DIVISION AMONG MINERS' DELEGATES
Dolan of Pittsburg Casta Vote of His Btata
fcr Proposition.
ACTION ALMOST PROVOKES A RIOT
Pennsylvania Delegates Meet In aft
ernoon and Hepndlate Hla Yote
Dramatic Scenes tn the
Meetings.
INDIANAPOLIS. Ltd.. Feb. t-One of
the most dramatic scenes ever witnessed In
the national convention of the I'nlted Mine
Workers of America was the final Adjourn
ment of that body this afternoon after the
dissolution of the Joint conference of opet
tors and miners of the central and south
western districts and arter the national
convention had administered a stinging re
buke to one of the oldest officers of the or
gtinlzntinn for transgressing one of the
fund-imental laws of unionism In voting
i contrary to his Instructions to stand for an
Increase In wages.
Almost the entire session of the miners'
convention this nfternoon was taken up by
j a discussion of the action of President Pnt-
rick Dolan of District 6 In casting the vot'
of the Pittsburg district In favor of accept
ing the proposal cf the operators of the
central competitive district which was sub
mitted to th- minets on the floor of the
joint conference this morning. Resolution
looking to the dismissal from membership
of President Dolan. another calling for hN
resignation nnd a Inst provhllng that tho
mntur 1w submitted to the miners of Dis
trict ." for action uere the subject f.f
nerimonliiuv debate. Following n caucus of
the delegates frotn District 5, during which
n resolution was adopted condemning Prrs
Ident Dolan nnd Vice President Belllngham
for their action in easting the vote of tho
district contrary to their Instructions, the
resolutions were laid on the table nnd th
convention adjourned sine die on motion ef
Delegate Hasklns of Ohio.
Miners Adjourn Sine Die.
When the lusty voices of the miners
Mingled In tho singing of "America" had
hushed an oppressive silence fell upon tho
assembled delegates, and ns President John
Mitchell slowly pronounced the words which
adjourned tho seventeenth annual conven
tion without day. ' thus dissolving every
hope of averting a giant Industrial war
without tho Intervention of some unex
pected and powerful Influence, the miners
marched out of the hall, their faces set
with a grim determination which showed
the steadfastness of purpose which lias
aVktjqrjjak.akja i Jui
cioseu. cv v. . '
i ne apparent determination or both Oper-
ators and miners Indicates that neither
will make overture for further negotia
tions and unless aomo Influence, which Is
now not forseen, steps Into the breach
5.Vi,mY men controlled by tha Vnlted Mine
Workers will walk out of' the mines In
every rectlon of t lie country on April 1.
There lmve been intimations that two
r.geneie.s the president of the Cnlted Slates
and the National Civic Federation may bo
appealed to to set In motion negotiation.!
looking to a rehabilitation of the Jolift
state agreement, or at leost a discussion
of ome possible menne of bringing the
operators nnd miners together for further
negotiations.
Perhaps tho most significant statements
made by President Mitchell during any
esslon of the present convention were
made th! afternoon, first in his admonition
to all the miners that each individual make
preparations to establish a strike fund
which will make each miner self-sustaining
for st least a reasonable length of time,
nnd again when In answer to the question
ol n u-i K iv n iin nmiii -u iu ins eo 1H UteneO
as to the correct sense of Ihe resolution
adopted yesterday he said: "The resolu
tion adopted esierday is capable of no
two Interpctmions nnd at the proper time
all such questions will be answered."
Mitchell Discusses Situation.
During nn interview this afternoon. Pres
ident John Mitchell discussed some of the
phases, of the situation.
"Never iu the history of this country
has a strike of such far-reaching effect
been threatened." said Mr. Mitchell. "It
means a national suspension of mining if
the strike coin cm on nt the expiration of
our mining contracts, March "1. and il In
cludes the anthracite districts."
"Will this actum of the miners, includ
ing the anthracite districts, in order that
no contracts shall be signed until 11 ol
i twin agreements, have any effect ou Ihe
meeting of the anthracite miners and oper
ators on February 15?"
"I don't know at this time." he said.
"Will you meet the anthracite operator
et that time?"
"Ye," he replied, "that is the plan at
thi time and no changes have been mad
in tha plana."
siz Hundred Thousand Men Affected.
According to tho figures given out by
the national oflicers of the miner' organ
ization, they expect this strike to bring
out over Min) men, about 150,(Ki0 non
union miners In West Virginia and Penn
sylvania, with the 4Vi..H) union miner.
Of this number about loo.OnO will lie out
In the anthracite districts. Ha,0fO In the
Pennsylvania bituminous districts, 15, (XX) In
Ohio, 17.(Mi in I fid limn, 30.000 In Illinois, lti.i.it)
In Iowa, 37,(n in West Virginia, 7,'K in
Michigan and approximately 60.(100 in Kan
sas. Missouri. Texas, Indian Territory and
Arkansas. The state enumerated will be
the scene of thn greater part of the battle.
Mr. Mitchell said that never In the his
tory of this country was there an organiza
tion that could call out so many men in one
strike, having such widespread effect. He
raid:
"The prosperous condition of the country
warrants an increase for the miners. We
accepted a decrease by our own vote two
years ago, when at the time we were Con
vinced that the conditions of the country
demanded It. We have ever been ready to
stand right bnd we stand right now."
President Mitchell estimated that four
people ore dependent on every miner. On
this estimate a national strike, a planned,
will affect over 2,f.iio people dependent on
the mining Industry for their dally bread.
The dollar assessment would raise ap
proximately L.Ioi.oOO national treasury
funds by April 1. This organization now
has in cash in Its national district, aubdls
trlcts end local treasuries f 2,S7S,tS4Na, Tha
Continued on fitconi Paj.Jj