Nebraska Newspapers

    he Omaha Daily Bee
No Filthy Sanaatlona
THE OMAHA DEE
Qoaa Into tho Horn
THE OMAHA DEE
Best t'hn. West
Best
& West
ESTABLISHED JUNE 19, 1871.
OMAHA, TUESDAY MORNING, FEBRUARY 20, 190G-TEN PAGES.
SINGLE COPY THREE CENTS.
IRISH HOME- RULE
Kinci Speech in Opening Parliament Pnta
This Question to the Front.
CHAMBERLAIN HEADS THE OPPOSITION
Protectionist Throwg Down Gauntlet in
Brilliant and Sarcartio Speech.
KING DRIVES . IN STATE TO HALL
Qneen is Absent, Being at Copenhagen to
Attend Father's Fnneral.
BRIEF REFERENCE TO MOROCCAN MEETING
President of Inlted State Mentioned
Being Responsible tor Con
rlaslon of War Betweea
. RiuUMiiiipii-
LONDON, Feb. 1.-Th pointed refer
enc to Ireland contained In King Ed
ward speech to Parliament today, coupled
with the announcement of the determina
tion to riant constitutional government to
tha Transvaal, brought these two ques
tions to the'forefront In the debate In the
Hour of Lords and tlie Mous-i of Com
mons, on the motion on tho address In
reply to tha speech from the throne. In
tha former house the debate was almost
perfunctory, except where Lord Lans
downe, assuming lils now role of lender of
the opposition In the upper hc.ui-e. pointed
out certain danger connee'ed with the
i proposed changes anil Incidentally com
mented on tho Algeelras conference and
the situation In ' Macedonia, r-nrnlng the
government of po'blo difficulties arising
In the near rest until Great lltttain main
tained a firm nttltude.
Chamberlain' Brilliant Speech.
It was In the llmiae of L'ommniw that
the debate on the uddress Wame Interest
ing, when Joseph Chamberlain. In the ab
sence of former Premier Ralf.nir. took the
place of the leader ot the opposition and in
brilliant and lengthy speech attacked the
government on all points, especially on Its
Sotilh African policy. Ho threw down the
gauntlet regarding home, rule tor Ireland.
Kejardlng tariff reform Mr. C hamberlain
promised to give the government several
hud quarter hours. .
Mr. Chamberlain's speech undoubtedly
whs the feature of the first day of the
Hnnse ot Commons. The small coterie of
unionists took heart under his spirited
leadership and his brilliant thrusts and
sarcasm were greeted' with the heartiest
cheers. Kven some of Mr. Chamberlain's
opponents could not re f ruin from accord
ing him tha meed of acclaim for his re
markable attack. -
Premier Campbell-hnnnermHn'a reply
was lengthy and perfectly good-humored,
the speaker assuming that his position was
on of such strength that he could afford
to be generous.
Attltade of Sa.lnaallat.
Tha reference to Ireland in the klng'i
apeech Is received with mingled feelings
and lomt. degreo ff tibt. Tha miilrmarlst
are, noncommittal and decline to accept as
more than a possibility these seeming steps
toward home rule. John Redmond, who
followed Premier Campbell-Bannerman at
the night session, boldly announced that
the nationalists would not be satisfied with
anything short of complete self govern
ment. On the other hsnd. some of the less
radical Irish members do not hesitate to
auy that tho clause In the king's speech
tneans a modified form of home rule and la
timste that Mr. Redmond would be satis
fled with such a step, as It would surely
guarantee home rule In the future. The
liberals profess themselves well pleased
with the clauses In the king's speech af-
fcttng their special Interests.
Speech from the Throne.
King Edward opened the second Parlla-
t ment of his reign this afternoon with the
customary ceremonial. The weather was
cloudy, but rain held off and all the points
of vantage along the troop-lined route fol
lowed by the royal progress were well oc
up led by cheering crowds.
for the first time since early In the reign
f tha lata Queen Victoria only a single
chair occupied tha dais In consequence of
tha absence from England of Queen Alex
andro. Th king, arrayed In robes ot crlm
on silk and velvet, edged with gold lace
and surmounted by a heavy cape of ermine,
having seated himself on tlie throne, com
manded the presence of the commons to
i" ai hi. .1 in i i.
The speech contained no surprises. The
Usual reference to the continuance of
friendly relations with foreign powers was
followed by a paragraph rejoicing over the
fact th.it the Rusao-Japunese war has
"been brought to an end by the satlsfac
tory conclusion of the nejotlatlona com
menced In August and due to the initiative
Of the president of the T'nlted States
which had resulted In nn honorable peace
Rtferr tig to the Moroccan cmfaience, the
' king remarked: "It Is earnestly to be hoped
that the result of these negotiations may
be conductive to the maintenance of peace
among all nations."
Colorless mention a made of the Anglo
Jawinese treaty, the dissolution of the
union of Norway and Sweden and the con
dltlon of Mucedntila. "which has continued
to give cause for anxiety."
TW sjrf-ech eli ecil with a mention
prospective legislation.
Home Rnle for Ireland.
An ln.Hii'tanl paragraph devoted to Ire
laud whs as follows:
My ministers hve umlev consideration
plan for lim rovl-itr a:nl ep Mns the ee
m-n-ie hi the sys't-ui of goerunient for
1 tela id nr.d tor li.trotliHlnu tli-irin tiieuim
ftir :imrclHttiiK the people with tho eoiuluci
.1 iumi urc.uiK. it la my l.sn that th
.-overturn :it 01 the count!')-, in reliance
upon the oldln'irv law, ahoiild If carried
tu so lar as exilllitj clrciliiistuiu.es ,.riul
!! a sirit iKt iriltol of the wishes anil eeii
tl iienlx of the In i (x-ojile. nml I trout
nut tl is niv eondoi-e to the insintciiunee
bf iruiHoiiiiity uud pood IcclioR hetaeen the
i irT r;n clust-ea o! the coiuniuiiity.
It w.is noticeable thut the king is still
MilTetlni, trout the Injury to hia knee. He
-walked hulilnyly, aided by a xtlck.
AinL.".ssndor R" Id ami Mrs. Held were
utuoi.g those present ut the ceremony.
I'etltlou from Saffraalats.
V(-.e:: liic mcinlMTS of Ut House of
(Vlimous arrived .it the house this a.'ltr.
nun", to couiiiieucc the iluek of thm
esUiu toey found u motley crowd of
women ouuido. who were e.ui t to :--llt
tin. I. glxl uom In kupport or the women's
aufhtif bill. Tlie r vtptioa which they
lecelvid was mixed, but th attitude of
ll.-e nw house Is undoubtedly time friendly
f the r.iove.'iicnt than htivtcfi re.
Ualfoar lleglaa Ilia lawiuil(a.
The liberals of the city of Lxmdon liavi
chsnfid ground since Sunday, and ai'ter
levtifl conferences wiih Thomas Oibaua
boat., lute free trade member tor Klnrfu-
'Continued ou Second Page.)
troops dissolve the diet
Soldier Read Hrscrlpt Closing Ha
garlna Parliament and Clear
the Hall.
ill DA I'KS
I-'ib. 1 The Hungarian
LUaulved this morning
flth th Uf
ur i
the
'-q. Th floor and eor
f i wei cleared by the
' v resistance and no
5- i ot tit coalition
lie disjlutlon was
lal and that the'
Jpednctaiay 111 the
prevented by
y mooting will be
Idols of
;wilce, There
disorder. The- j"
tmr.y declared',
.ir nr:ltu'.!oiiaf,
-in i.uid h nit
l'i:rl!ali)flU bu!l
tnif'I, In T.l.Uli'
li!d e!swiier.
Th" f9ilon p
The vice president
u-ul N;liL the iA
I (sr.- Juslh, preside
o'clock aliaro.
' from Gen-
Vasluner, and
vwr house,
cinl dccUred that tWYdyaTft script dls
lolvlng Parliament, forwarded by General
I.) III. vii unconstitutional and illegal, and
nergetlcally protested against It- The vice
president proposed that the house Ignore
the rescript and return It to the emperor-
king. The house Immediately accepted the
proposal with prolonged cheers. There
after the minutes of the meeting were
dupled, the members were notified to re-
saer.ible on Wednesday and the house ad-
ourncd. Tlie royal rescript dissolving Par
liament was left unopened cn the presi
dent's desk and the members left the house
using the Kossuth hymn.
Th floor was almost cleared when a
captain of Hungarian militia at the head
of five soldiers with fixed bayonets, and a
rge number uf policemen who had prev-
uusly entered by a sldo door, entered the
house. The captain and soldiers mounted
he president's tribune ami the policemen
cc up led the flcur. The captain opened and
read the rescript amid constant Interrup
tions from the galleries snd some of the
deputies, who returned to the floor, and all
present united In singing the Kossuth
ymn, with the result that not a word of
lis rescript could be heard. The policemen
escorted ecveial noisy members from the
lloor and then slowly cleared the galleries
and corridors. A large crowd of cheering
deputies escorted Frsncls KohvuiIi, Count
Albert Apponyl and other leaders from the
louse, which was surrounded by five
sUadrons of cavalry, one regiment of In
fantry, a battalion of milltlu and l.OOv po
licemen. GERMANY REJECTS OVERTURE
Proposal for French and Spanish Con
trol of Moroccan I'ollee I nae
ceptable to Kaiser.
AUG EXTRAS. Spain, Feb. 19.-The Ger-
msn delegates to the Moroccan conference
received from Berlin tonight Germany's
reply to the proposition regarding the
policing of Morocco. The reply is a rejec
tion of the .Prench proposition that the
officers of the proposed police system shall
be French and Spanish. Germany declares
that tlie French proposnl Is contrary to the
principle of Internationalization and equal
ity of all the powers in Morocco.
The effect of tho German reply on the
subject of the policing - of Morocdo has
had a bad effect on ttw neutral delegates,
who were disponed to regard tlm French
proposal as a mvdera.te one und who ex
pected some ncknowlcdtfmmit In Hint re
gard from Germany. They do not, how
ever, consider the caxo as desperate us it
has been hitherto. Their guarded nun
Interference now will be transformed Into
a strong pressure upon Germany, whose
unyielding attitude is regarded us possibly
threatening the world's peace.
ASSETS WERE TRANSFERRED
Boston Receivers of Colorado Concern
Find They Have Nothing; to
Administer.
DENVER. Feb. 19. Albert 8. Hall of
Boston, one of the receivers of the defunct
Provident Securities and Uanking com
pany, arrived here today for the purpose
of taking possession of the as wets of the
Shenandoah Irrigation and I.nod company.
whoso securities are held by the Provident
con.pany, but found that all the properties
of the Shenandoah company had been
transferred to the Katurita Canal and
Reservoir company, by order of Judge
Peter Palmer of the district court.
The Provident company failed on Jan
uary 3 last and Its Chief assets consisted
of the holdings ot the Shenandoah com
pany. A petition was made by C. D. and
R. A. Gurley of this city that if the Provi
dent company would release the securities
of the Shenandoah company they would
pay 10 per cent of the amount owed deposi
tors at once and agree to. pay up in full
In from two to four years. This proposi
tion was rejected by the receivers of tha
Provident company and. the Ourleys then
took measures to place all their holdings
beyond the rach of the Provident com
pany. Th Naturita company was organ
ised by the Ourleys twenty years ago.
being the original organixatlon formed for
the development of the Shenandoah valley
In Montrose county. The judgment ren
dered by Judge Parker turns all the prop
erty back to the old company, the reason
Tor this being that it wns claimed by the
Naturita company that the property was
conveyed to the Shenandouh company
without consideration.
FIUBUSTERERS ARE UNDER FIRE
Moroccan Warship Bombards Factory
of Frenchmen, Destroying; m
fort torn of Works.
MALAGA. Spain, Feb. 19-Dlspatchet
from Mellllu, Morocco, dated yesterday,
announce that the Moroccan washlp
Sidi el Turkl bombarded the fautorles be
longing to the French tllibusterers at
Marchlca. destroying a portion of the
works. The Moroccan rebel furies re
funded to the warxhlp's attack without
result.
ThU u renewal of the recent Incident
between the r rencn ana Moroccan war
thlp. which It Is feared muy complicate
the situation ut Algeclrus, as the Germans
assert that the rebels are co-operating with
the French fllibusterera against the main
tenance of Moroccan authority.
ANTI JEWISH RIOT AT VIETKA
Trvahle Hraalta In l-arae Part
'liina Betas; Destroyed
by Fir.
K1EFF. Ruwila. Feb. 1!. The excesses at
Vletka, near Gonui. where an anti-Jewish
riot broke out yesterday, resulting in
large part of the town being burned, have
been checked.
A detachment of dragoons made a forced
inarch from Goma to th scene of the dis
turbance and suppressed the rioting with
out loss of life. Among the burned build
ings were two Urge warehouse owned by
Jms.
HARRY ORCHARD CONFESSES
Sajs Miners' Federation Plotted to Kill
Peabodj and Colorado Chief Justice.
PLANTED BOMB AT JUDGE GABBERS GATE
It Failed to Explode When
He Polled the String Light
Thrown on .amber of
Crimes.
B018U Idaho, Feb. W. Orchard a alleged
confession purports to give details of the
plot to assassinate former Governor Steu-nenberg-
from it inception. It gives the
names of other men alleged to be impli
cated. Since the confession was secured
more than two weeks ago the detectives
have verified many of the details.
One of the statements in this confession
is that Orchard was selected to assassinate
one of the Justices of the supreme court
of Colorado a year ago. He snya he buried
a bomb at the judge's gate, but when he
pulled "the string the contrivance failed to
explode. He took the string away and
gave up the attempt. Detective James
McParland ot Denver has. If Is claimed,
since dug up the bomb.
In his alleged confession Orchard says
he was alone In the actual execution of
the Caldwell plot, that he had first planned
to shoot Steunenberg with buckshot and
went to the house on Christmas eve for
that purpose, intending to shoot through
the window, but abandoned the plan end
hid a number of cartridges under the side
walk. The cartridges, it is claimed, have
since been found by the officers.
Orchard has. It is claimed, told ef the
workings of an "Inner circle" of the West:-
em Federation of Miners, maintained In
Denver: gives details of a plot that led
to the killing of a number of men in the
Tellurido district In Colorado, and Informa
tion about various outrages at Cripple
Creek. He Implicated Jack Simpson and
a man named Adams In the Steunenberg
conspiracy. Officers are searching for these
men. They are supposed to be in the vi
cinity of Haines.
Detective McParland claims to have se
cured the confession hv appealing to Or
chard's memory of his "home teachings.
He says he made It plain to Orchard that
the state had a perfect case against him
and flint the best thing he could do would
b to make preparations for a future
world.
The confession was committed to writing
and wns signed bv Orchard in the pres
ence of wltpes.
Moyer Charared with Marder.
DENVF.R. Feo. 19. Publication was made
here today of the complaints on which
Governor Gooding of Idaho asked requisi
tions for Charles H. Moyer, president, and
William D. Haywood, secretary-treasurer,
of the Western Federation of Miners, and
O. A. Pettlbone, a former member of the
executive committee of that labor organi
sation. From this It nppears the men who were
secretly nrre-t-;d here Saturday night and
hurriedly removed to Idxho were charged
directly with the murder of former Gov
ernor Frank Rteunenhurg of Idaho, and
not merely With being accessories to -the
crime. The -cbmntslnts and requtsltl'ins in
the three cases are Identical nnd charge
the accus.nl men with having discharged
the bomb by means of which Steunenberg
was killed at Caldwell. Idaho, December
30, 1!)05. The speclilc rhnrzo of murder
was made. It is explnind. In order to fore
stall habeaus corpus on behalf of the ac
cused men, but no attempt will be made
to show that they were In Idaho at the
time ot the commission of the crime. It
Is alleged, however, that they conspired
with others to murder Steunenburg and
furnished funds to carry out the plot.
The atrocious murders committed during
the labor troubles In the Cripple Creek and
Tellurlde districts In this state, which have
been shrouded in mystery; the earlier Co-ir
D'Alcne murders nnd the morn recent
Steunenburg Assassination form a chain
of crimes with which efforts are being
made to connect the officers of the West
ern Federation through the confession said
to have been made by Harry Orchard,
who is charged with the Steunenburg
murder. "
Plot Against Pea body.
This confession, it is asserted, disclosed
a plot to kill former Governor James Pea-
body of Colorado, William Gabbert, chief
Justice of the Colorado supreme court, and
John Campbell, former chief Justice. Orch
ard Is said to have confessed that whole
sale assassinations were planned at the
headquarters of the Western Federation
of Miners In Denver, chiefly by refugee
from the camps at Cripple Creek and Tellu
rlde. It Is also said that Orchard's con
fession gives a history of the explosion at
the Independence station near Cripple
Creek on June C 1904, which killed fourteen
men and Injured many others.
Governor McDonald, who issued the
necessary papers for th extradition of the
Federation officer to Idaho, said today
that he had read a copy of Orchard's con
fession, but waa not at liberty to divulge
lta contents.
James McParland, head of a detective
agency which was employed by the Idaho
authorities in the Steunenburg case, de
clared today that the evidence against the
men who have so far been arrested is
very strong and that more arrests are yet
to be made. He would not state the nature
of his evidence or how it waa obtained.
li.cent St. John, who waa arrested In
Burke, Idaho, last night, was president
of the miners' union at Tellurlde, Colo.,
at the time of the assassination of Arthur
t-ollln, upeiintcndent of tho Smuggler
Union mine at that camp. He was arrested
and charged with complicity in that murder.
uui was never Drought to trial.
Bomb Dug lp la Denver.
It develop that Orchard's confession, ac
cording to the best authority, stated that
bomb had been placed in the gateways of
the residence of two member of the Col
orado supreme court and that mure than a
dosen alUimpts had been made to assassi
nate former Governor James H. peabody.
An investigation since the .alleged con
fession was made disclosed the presence
of bombs in exactly the spot Indicated.
The man who unearthed the bombs, a
prominent member of the Colorado Na
tional Guaid, ia now In Idaho, having ac
companied the party that , returned with
Moyer, Haywood and Pettlbone. He will
appear a a witness In the Orchard trial.
of it 1 aaid. to prove the truth of the al
leged confession.
Information reached here tonight from
Cripple Creek that Edward Green, a fed
eration man. had been arrested on a war.
rant forwarded by the Idaho authorities
charging him with connection in the Steu
nenberg assassination. Two other war
rants ar In the hands of Cripple Creek
officers for service.
Father l.eary' Condition g-erloa.
CHAPMAN. Kan.. Feb. 19.-Fthr J. F.
Leurv. national ebanluln of ih nnnii
Ar,myL'i!nnR' UhiLA f 0,L'in""", tn. n whether Colonel Henderson' sight Is per
lous condition. "-"-niorrhsg last night ,, A
further weakened kins.
LQNGWORTHS START FOR CUBA
t-eare Wanhlna-ten reentry lleaae
Thla Moraine ea Trip to
the Sooth.
WASHINGTON. Feb. 19.-Mr. and Mrs.
Nicholas Ixmgworth started on their
honeymoon trip from Alexanrtrlu, Va., this
morning at ll:ls o'clock over the South
ern railway. They- will go to Tampa and
from there take a boat for Havana, which
point they expect to reach Thursday morn
ing. They will make tlte trip to Tampa
In the prlvute cor i Klyslnn, which was
awaiting them in the yards of the South
ern railway at Alexandria, about half a
mile from the station
The bride and bridegroom made the trip
from "Friendship," 'near Washington, this
morning in un eqp'n automobile, accom
panied by Mrs. lytnaworth's maid and a
chauffeur. The mach)ne went at an easy
gait nnd they arrived at the little station
at Spring Garden, which Is the Southern'
station In the Bubiivib of Alexandria, at
10:30 o'clock. ' Mr. Mngworth got out of
the automobile, lit a cigar and spent some
time chatting with his wife, who re
mained In the automobile. '
Mrs. Longworth wore a tan-colored
broadcloth suit, wlHi handsome sable
furs, and a tan hat trimmed with pink
plumes. After they i,had been there for
about half an hour ft little girl, the daugh
ter of one of the nitway employes, asked
the bride if she would give her her auto
graph. "
"Certainly I will; where Is your pencil?"
replied Mrs. LungworUi.
Pencil and pnper were quickly produced
and Mrs. Ixtbgworth wrote her auto
graph, "Alice Iee lyongworlh."
"Now get his," she said, pointing to her
Irusband. Beneath the name of his wife
Mr. Lungwurth wrote his signature and the
date. The little girl thanked them both
and went awuy happy-:
She spread the new?, to the few people at
the station as to the Identity of ike couple,
but they were not bothered by a curious
crowd, as there were nbt more than a doxen
people In and nbout the station.
Shortly after 11 o'clock Thomas Stone,
the chief usher of the White House, ar
rived from Washington and received a cor
dial greeting from Mrs. twgworth. He
brought a note from tho president, which
she quickly opened nnd read,' and, calling
for a pencil, wrote a reply as she sat In
the automobile.
The baggage hud been tsken from Wash
ington, but several pieces were brought
along in the automobile. Five minutes be
fore the train arrived Mr. ln;worth
helped Ills wife out of the machine and
they walked to the siding. Mm. Longworth
graciously acknowledged the respectful
greeting of the employes about 'the station
and as the train pulled In hnrrled down to
the last car, which waa a private one. Into
which she was assisted by Mr. longworth
snd Mr. Stone. Mr. Iongworth would not
let the servants carry his suit case or that
of Mrs. Ixmgwnrth1 nnd had his hands full
walking the length of the train with two
suit cases, a cane and nn umbrella. As
they get on the car a number of newspaper
men alighted from.- the Jay coach of the
train, but the bride and bridegroom were
afely In their car before they could be
overtaken. The train pulled out of the sta
tion Into the yards,' where the private cor
Elystan was Mttached.' j
T,YNCHBCItf...Va,. 4Feh. l.-Mr. and
Me. -Nichols- Ijong-wfAit pa seed -tt mutch
I.ynchbnrg on the Jacksonville limited on
the Southern railway at 1:81 o'clock this
afternoon. A rrtwd numbering about Wlit
persons gathered at the station, but no
one hnd a glimpse of the couple. Mr.
Longworth was on the rear platform of
the Pullman when the train stopped in
the yards, but he Immediately entered the
coach. A teles-ram was delivered him here.
DIVORCE CONGRESS IN SESSION
Governor Prnn packer of Pennsyl
vania 1 Elected to Preside
Over the Meetings.
WASHINGTON, Feb. 19 Governor Sam
uel W. Pennypacker of Pennsylvania waa
chosen president of the congress on uniform
divorce laws which convened here today.
Governor Pennypacker outlined the - ob
jects of the congrens.
Amara M. Knton, Rhode Island: C. Ijl
Rue, Munson, Pa.: R. T. Barton, Virginia,
and Albert R. Dabney, California, wcru
elected vice presidents. William H,
Staake, Pennsylvania, wa elected secre
tary. The resolution committee includes Wal
ter G. Smith, Pennsylvania, chairman; J.
P. Ailshee, Idaho; Bishop Stanley, North
Dakota; Bishop Thomas F. Gallor, Tennes
see; Otto J. Kraemer, Oregon; I. N. Gillett,
California, and G. W. Case, South Da
kota. A resolution was adopted appointing a
committee to draw up a uniform marriage
license.
The delegates called on President Roose
velt this afternoon, being Introduced by
Governor Pennypacker. The president
wished them Godspeed In their work. He
made, however, no formal remarks.
MITCHELL REFUSES TO RUN
Democrat of Peoria. 111., District Ask
Miners' President th Make
Race for Congress.
NEW YORK, Feb. 19. John Mitchell,
president of the United Mine Workers of
America, today received a telegram from
Peoria, 111., In which he was offered the
democratic nomination for congress to rep
resent that district. Mr. Mitchell immedi
ately replied to the convent'on. then In
session in Peoria, declining the nomina
tion. He stated that he would not ac
cept any political office while head of the
Mine Workers. Mr. Mitchell lives at
Spring Valley, III. Ijiter in the afternoon
Mr. Mitchell lift for Pittsburg.
David Wilcox, president of the Delaware
tc Hudson railroad and a member of the
operator' committee of seven', said today
afK'r the demands of the miner had been
submitted to the committee, the operators
would take time to draft a reply and that
after this reply had been received by the
miners' committee a Joint conference of the
two committee would be arranged.
DAVID B. HENDERSON BLIND
Geaeral Condition of Former gpeakei
Worse and Ead of Ufa
1 Kear.
DUBUQUE. Ia.. Feb. 19 Former Speaker
David H. Henderson haa auffared another
paralytic stroke which haa deprived him of
hi sight. Ilia wife is the only person he
recognise. Hi general condition i worse.
It 1 believed the end 1 near.
Colonel Henderson I resting mora easily
tonlgtit following hia second stroke of
paralysis Th entire left side of hi body
I affected.
Physicians ar not yet able to . say
i manently affected.
COAL RATE CASE DECIDED
Supreme Court Bnles on Right of Bailroads
to Deal b Commodities.
DECISION IS AGAINST CARRIERS
Any Deal Whereby Profit to t om
paay I l.eaa Than. Published
) Freight Tariff la ,
llleaal.
Ai
WASHINGTON, D. C. Feb. 1.-Justlce
White today delivered the opinion of the
supreme court of the t'nlted State In the
cases of New York, New Haven & Hart
ford Railroad company against the Inter
state Commerce commission and the lntor
tate Commerce commission against tho
Chesapeake St Ohio Railroad company,
affirming the decision of the United Stales
circuit court for the western district of
Virginia. The case Involved the' question
of discrimination In freight rates on coal
by the Chesapeake A Ohio In favor of the
New York, New Haven tt Hartford road
as against other shippers. The decision
was against the railroad company.
The decision dealt with the question or
discrimination by railroad companies and
it was no: rent that It was Iniended to
have a general application to questions re
ceiving attention at the hands of the public.
Justice White said that to permit a carrier
to become a dealer In the commodities
carried by it w mid Im to supply a means
for the perpetuation of evils which the In
terstate Commerce commission is Intended
t remedy.
Contract for Delivery of Coal.
These rases involved n charge of dis
crimination In favor of the New Haven
road by the Chesapeake & Ohio. The ense.
grew out of complications existing in con
nection witli a contract made between the
two railroad companies In 1W In accord
ance with which the Chesapeake A- Ohio
rond agreed to deliver 2,fic4l.imo tons of bitu
minous coal to the New Haven road between
the tlrst of July. 1R!7, nnd the tlrst of July,
ire.'. The delivery In the last year covered
by tlie contract fell short to the extent of
tJfl.COO tons on account of a strike in the
coal fields which rendered it impossible
to supply the coal. The New Haven road
purchased coal elsewhere and presented
a bill to the Chesapeake Ohio company
for Slrti.npn, representing the difference In
cost. Instead of paying the money the
Chesapeake Si Ohio company delivered the
W.flOO tons of coal, notwithstanding the
price of coal nnd of transportation hnd ad
vanced so that it is claimed the Chesa
peake & Ohio lost more than tl per ton on
its shipments.
The case was brought to the attention
of the Interstate Commerce commission
and the charge made that the transaction
constituted a preference In the matter of
freight rates in favor of the New Haven
road. The company contended thnt It was
acting In the capacity of a vendor and not
as a carrier and thnt It was merely supply
ing the coal to pay a debt.
Practice I Discriminative.
Puttlug aside for the time all other ques
tions, Justice- White took up the case as
It appear under tlif- Interstate commerce
law and stated the question to he decided
to ha the fbllowlhgr ".v ' '
Haa a carrier enraged In Interstate com
merce the power to contract to sell and
transport in completion of the contract the
commodity sold, when the price stipulated
in the contract does not pay the cost of
purcnase. tne cost or ueiivery and the puo-
isneo i reign i rates 7
Justice White sold there were practically
no previous decisions c.f the court to quute
as precedents because heretofore the fea
tures of the Interstate commerce law deal
ing with discriminations, rebates and fa
voritism have not been Involved in cases
In the court. He then said:
It cannot be challenged that the great
purpose of the act to regulate commerce,
while seeking to prevent unjust and unrea
sonable rates, whs to secure equality of
rates to all and to destroy favoritism. Now,
In view ef tlie positive command of the sec
ond section of the act, that no departure,
from the published rate shall be made, "di
rectly or indirectly," how can It in reason
be held that a carrier may take Itself from
out the statute In every case by simply
electing to be a dealer and transport a
commodity In that character? For, of
course. If a carrier has a right to disre
gard the published rates by resorting to n
particular form of dealing. It must follow
tnat there is no nougation on the part of a
carrier to adhere to the rates, because do
ing so is merely voluntary. The all-emhra
clng prohibition agninst either, directly or
Indirectly, charging less than the published
rate shows that the purpose of the statute
was to make prohibition applicable to every
metnoa oi dealing py a carrier by which
the forbidden result could be brought
aooui.
Proceeding, he declared the purpose of
the act to be "to compel the carrier a a
public agent to give equal treatment to
all."
Profit Lea Than Freight.
Coming to the consideration of the case
at laaue. Justice White said:
It Is apparent that the deliveries under
the contract came under th prohibition
of the statute whenever for any cause.
such as the enhanced cost of the coal at
the mines, an Increase in the cost of the
ocean carriage, etc., the groaa sum realised
wa not sufficient to net the Chesapeake
8c umn its punusnea tarirr or rates. This
must be tne case in oraer to give vitality
to the prohibitions of the interstate com
merce act against the acceptance nt any
time by a carrier ot leas than it published
rates. -
Kven If the result of applying the prohi
bitions as we nave interpreted them will
be practically to render It difficult. If not
Impossible, tor a carrier to oeai in com
modities, this arrorns no ground ror reliev
ing us of the plain duty of enforcing the
provision of the statute a they exist.
In conclusion Justlc White upheld the
decision of the court below In declaring that
both the contract made by the Chesapeake
& Ohio with the New Haven were contrary
to public policy and void because in con
flict with the prohibitions of the act to reg
ulate commerce.
The cross-appeal of the Interstate Com
merce commission wa then considered
briefly and the general conclusion reached
"that the Injunction below should be modi
fled and enlarged by ' perpetually enjoining
the Chesapeake A Ohio from taking less
than the rates fixed In Its published tariff
of freight rates, by means of dealing In
the purchase and sale of cual. And. as thus
modified, the decree below Is affirmed."
SHOTS FOR J3ENERAL REYES
Attempt I Mad to Assassinate Prel.
dent of the Repnblle of
Colombia.
WASHINGTON, Feb. H.-News has
reached Washington that on th morning
of February It an attempt wa made to
assassinate the president of th Republic
of Colombia. Eight shots were fir ad at
him, Ave of which struck his carriage, but
he escaped uninjured.
Xorthwetera Increase Stock.
NEW YORK. Feb. 19. The director of
th Chicago ac Northwestern Railway com
pany today authorised th Issuance of ad
ditional common stock to the amount of
t:6.2b7.40, which amount to 30 per cent of
the total preferred and common stock now
outstanding. The new slock will be offered
at par to stockholder ot record April X
next.
NEBRASKA WEATHER FORECAST
Rain la Cast, Rnln or Xnovr In West
Portion Tarsdnyt t older. Wednes
day Fair.
Temperatare at Omaba leaterdayt
Hoar.
Dri.
Hoar.
Dea.
S a. m.
fl a. nt .
T a. m .
Ma. m.
O a. m .
1( a. in .
11 a. m.
VI m. . .
fl 1 p. m
HH a p. m 4
:ti ft p. ni . . n"
:iH 4 p. m. . . . . 81
S R p. m M
to II n, m "'
4 'J 7 p. m. .... 1
4.' H p. m 4
ft p. m 41
EXPLOSION IN COLORADO MINE
Sixteen Mea Reported Killed la Victor
Coal Company's shaft Xcar
Maltland.
WAL.SKN Bl"RG, Colo.. Feb. 19-An ex
plosion this morning In the Victor Fuel
company's Muitland mine caused the death
of at least thirteen miners and perhap
sixteen.
Following Is a list of the dead so tar as
known:
ARCHIE MIU.KR. fire boss
PII.I.Y MORAS of Maltland.
JA.MKS W. TITTKRS of Kansas.
HATTI8TA KOBKRA.
CORONA COSTA of Soprls, Colo.
JOK COSTA.
NICK YOCKIBETZl'.
Shortly before o'clock there was an
explosion In the part of the Maltland known
as the Sunshine, which caused the earth
to tremble for miles around. Soon after
ward n man ran out nnd reported that the
mine was on fire. The explosion caused a
fall of rock from the roof and until this
Is cleared away it will not be known posi
tively Just bow ninny more are yet in the
mine. It Is certain, however, that any
foun.l there will be past help. The ex
plosion was caused by gas and the deaths
were caused by the gns and afterdamp.
It Is supposed thnt the explosion occurred
on ficcount of open lumps In use, as most
of the men In thnt part of the mine used
open lamps. General 8uerintendent Murray
arrived tnnlRht and has taken charge.
TRAGEDY IN DENVER THEATER
Mrs. C. . Wcllder Walks from Her
llox to t enter of Ktnge and
shoots Herself.
DENVER. Feb. !!.-leaving her seat In
one of tlie boxes In the Crystal theater
a few minutes after the opening of tills
afternoon's iierformance, Mrs. C. A.
Wcllder. said lo le a resident of this city,
made her w-iy to the stage, and after
flourishing a revolver for a moment in full
view of the audience, discharged the
weapon at her own persot.. Inflicting a
probably falsi wound. The woman fell
gasping to the floor, but those In the audi
ence who had not observed her movements
prior to her approach to the stage thought
the shooting wns part of a burlesque act
and made no outcry. A moment later, how
ever, the screnms of the performers In the
wings brought a realization upon the audi
ence that a real tragedy had been enacted.
When the woman was picked up by the
stnse attendants she wns unconscious and
one hand still held the weapon, while In
the other a picture, said to be that of her
7-ye.ir-old son, wns tightly clutched. An
ambulance was summoned and tha dying
woman, waa . removed .' to lh,o., cmcrjseucy.
hospital. Quiet wa restored In the theater
In a short while nnd tho performance was
resumed.
SUITS AGAINST MXURDYS
Former Matunl Life Official Asked
to Pay Rock Overcharge
for Service.
NEW YORK. Feb. 19.-Charea A. Pen
body, president of the Mutual Life Insur
ance society, authorised the statement that
civil suits have been begun In the supreme
court against Richard A. McCurdy, former
president of the Mutual Ufe; Robert II.
McCurdy, former general manager; Colonel
Charles H. Raymond and luls A. The-
baud. constituting the Arm of Charles A,
Raymond & Co., late general metropolitan
agents of the Mutual.
Mr. Peabody acted upon the oral advice
given a week ago by Joseph H. Clioate
of whom the board ot trustees had re
quested an opinion on the recommenda
tions made by the Truesdale investigating
committee thnt auch suits be instituted
Counsel for the several defendant entered
an appearance and formally accepted crv
Ice today.
TWO CENTS A MILE FOR ALL
Ohio Railroad Will Withdraw All
Form of Mileage, Special aud
Charity Ticket.
CHICAGO, Feb. 19. All forms of trans
portation except the regulur S-cent rate
provided by law will be cut off by the
railroads In Ohio. This decision wa
reached at a conference today of passenger
representative of all railroads with line
In that state.
It was agreed that by eliminating every
thing except 2-cent fares the roads 'could
in a measure recompense themselves for
the loss caused by the new rate law.
The action contemplated will deprive
Ohlnans of all reduced transportation for
conventions, of the l,0n0-mllo book, of all
charity business and of all round trip rate
and clergymen' rales.
GIRL STANDS BY BURBANK
Leavenworth Sweetheart of Convicted
Officer Will Marry Hint W hen
He 1 Released.
LEAVENWORTH, Kan., Feb. 19.-U was
announced officially today that First Lieu
tenant Sidney S. Bui-hunk, Sixth infantry,
convicted in the Philippine by court
martial of embexxling funds of his com
pany and also of conduct unbecoming an
officer In his relations with bis Filipino
wife, would be confined in the federal
prison. at Fort Leavenworth. Bnrbank will
arrive from Manila six wee: from date.
The Leavenworth society young woman
who wa engaged to him at the time the
Filipino woman sued Lieutenant Burbunk
rtated today that she wuui.l marry bim
upon hi release from prison.
Movement of Ocean Veaaela Feb. ID.
At New York Arrived: La Hrelugne,
from Havre.
At Napie Arrived: Prlnx Adelbert,
from New York; Republic.- from Alexan
dria. At Plymouth Arrived: St. Louis, from
New York.
At Genua Arrived: Moltke, from New
York.
At Boulogne Sailed: Pennsylvania, for
New York.
At Glasgow Arrived: Columbia, from
New York; Carthagemun, from Philadel
phia. Sailed: Astoria, for New York.
At Gibraltar Sailed: Prime Irene, for
New York.
At Rotterdam Arrived: Noordam, from
New York.
At Bremen Sailed: Chemnltx. for New
York.
At Hamburg Arrived: Patricia, from
New Xeik.
LEASE BILL FIGHT ON
President and Secretary Hitchobck Taror
Some Meaanre of This Kind.
MUCH OPPOSITION TO IT IN CONGRESS
Senator Millard Announces He Will Vot
Against the Measure.
PREFERS TO SELL THE LAND OUTRIGHT
Congressman Norm Also Favors Selling tha
Grazing: Lands.
KINKAID SUPPORTS, LEASE MEASURE
Conference Committee Agree on
Appropriation Asked by Secret
tary WUaoa for Meat
laapectiea.
(From a Staff Correspondent.)
WASHINGTON, Feb. lD.-(Speclal Tele,
gram.) A determined effort is to be mad
at this sessiun of congress to enact somo
sort of a land-leasing bill. Ab-cady the
force in favor of such a measure are
Kalhertng In Washington and they cuma
from all section of the west. Today C. II.
Cornell of Valentine and W. H. Reynolds
of Chudron. representatives of tho Cattlu
Growers' Association of Nebraska, were
Introduced to the president by Congress-
man Klnkald. According to Mr. Cornell,
the president stated he waa In favor of
somo kind of a land-leasing bill, but sug
gested that the delegation boo Becrctury
Hitchcock with a view of ascertaining his
disposition In the matter. Thereupon the
gentlemen mentioned sw Mr. Hitchcock
and he, too, sides with the land leasers.
' This Is as far ns a direct appeal to the
(towers that be has gone, but It Is only the
beginning, and those who reallan the trc
mendous interests which are back ot this
movement appreciate tlie power of com
bination when It begins Its work. De
cided opposition exists both the senate
and house against land leases. Senator
Millard today said that he was opposed to
this legislation. He believed the people
of Nebraska also were opposed to the con
templated legislation and for one he would
vote for a bill to sell the land outright
in order that the state might receive some
benefit from the lands thus sold In the
wav of taxes; that a land-leasing bill to
satisfy all Interests was Impossible of
passage and he did not believe legislation
of the kind desired by the cattle Interests
could be enacted at this time.
Xorrl Favor Kale.
Congressman Norris, occupying an en
tirely different position from hi colleague,
Klnkald of the Sixth district, so far ns
land-leasing bill goes, said today that
while he had no theory on a Icaso law he
hnd very grave doubts If that the man
lived who could frame a law that would
be absolutely just to all Interest. If made
In the Interests of the lease . holders it
would necessarily rhut out . the home
steader, snd if made in the Interest' of
JntodlP.lon.iyV:9di:rs the,; lcaso holder
would always av mmcr tne tear that ins
property would be taken over at any time.
Judge Norris tugKested an ft remedy for
the demand for a leasing bill that after
It has been determined that the lands ere
not fit for farming purposes, or. In other
words, for homestead purposes, then the
lands should be sold st public, auction snd
the state thereby secure the benefit of the
lands thus sold In the way of taxes on tlie
land and Improvements.
Two bills thnt seem to command the most
attention from the cattle Interests of the
country are now pending In tho house
rommltlee on public lands tho I.ocey bill.
whose author Is the chairman of the pub
lic lands committee of the house, and the
Kinkaid bill, which- was Introduced by the
representative from tho Sixth Nebraska
district by request, the. author of which is '
C. H. Cornell of Valentine, now In Wash
ington. Under the Cornell bill half the
proceeds of the lease Is to go to the state,
while under the Lacey bill tho procoeds aro
placed In the reclamation fund.
Cash for Meat Inspection.
The conference committee on the de
ficiency bill has agreed to give SfiO.OOO to the
secretary of agriculture for the purpose of
meat inspection. Congressmen Kennedy
and Pollard made a stubborn fight In the
house when the deficiency bill wa under
consideration to make the appropriation
$135,000, the amount asked for by Secretary
Wilson In order to meet the increased in
spection required by the packing house
to meet the demand of German importers.
The appropriation committee, however,
gave the secretary in the deficiency hill
but $10,000, andt so small was this amount
that both Kennedy and Pollurd, although
young at legislation, determined to go
after an Increase. They failed to secure
the amount desired by Secretary Wilson,
but Instead of being disheartened began a
systematic campaign on the agricultural '
commltteo of the senate, aided, of course,
by Secretary Wilson. Senator Warren of
Wyoming, being a member of the commit
tee on agriculture and also a member of
the appropriations committee, assumed ac
tive charge of the legislation desired, with
the result that when the deficiency bill
wa reported to the senate it carried an
appropriation of $135,000 for Inspection pur
poses. When the bill finally reached the
conference stage tho conferees today
agreed upon $X',0O0 for Inspection purposes
on the ground that the German govern
ment had relaxed it crusade against.
American meats and that Secretary Wllso.i'
had Informed the conference committee
that amount would be sujf!;lent to take
care of all demands until tho next fiscal
year.
Howe' Salary ot Cat,
Congressman Kennedy took up with th
foreign relations committee of the houto
today that purtiun ot the. Lodge consular
bill which has Kisscd the senate, reducing
Antwerp from a cuusul generalship to a
consular position and thereby affoctlng thu
present consul general, Church Howe. Mr.
Kennedy learned that the bill waa based
on the department estimates and thnt
the change was In the interest of sim
plicity and better relation to conditions;
that while Antwerp was reduced to a
consular position the same wa truo ot
Munich und several other European port,
the reason for this reduction being that
the words "consul general" curried with it
suMrrvis!on over other consulates, and this
wa not true either of Antwerp or Munich.
That Hit department had in mind th-.;
subordination of consulships except In
China und some South American countries
where the name consiilule general waj
desired. Under the old system the salary
of Church Howe at Antwerp is $3 5-w, which
with the fees amount lo UMi-VJ. Tho
present bill Just passed by the senate re
vising the consular service give Mr. J(uw
a salary of $i,w and makes Uuu a, wuiU