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OMAHA, WEDNESDAY MORNING, MARCH 21, 1906-TEN PAGES.
SINGLE COPY THREE CENTS.
The
Omaha
COAL WAGE SCALE
Bituminous Miners and Operator in Con
ference in Indianapolis.
JOHN F. TRAER IS ELECTED PRESIDENT
Chicaro Mine Owner Will Preside Over
Deliberations of Convention.
MITCHELL SPEAKS FOR THE MINERS
He MoTft that Scale Proposed Six Weeks
A ?o Be Adopted.
QUESTION REFERRED TO SCALE COMMITTEE
Miner Leader la Extended Speech
Snya Coal Digger Are Entitled
to Share at the Oeaeral
Prosperity.
INDIANAPOLIS. Ind., March Ui-The sec
ond Joint convention of the coal miners and
operators of the central competitive dls
trlct, comprising the state of Illinois, Indi
ana. Ohio and western Pennsylvania, which
Is the result of the efforts of President
Roosevelt to effect a permanent peace In
the coal Industry throughout the United
States, adjourned this afternoon After re
ferring- the demands of the miners to the
Joint scale committee, which will begin Its
deliberations tomorrow morning at 8
o'clock.
The conference was called to order by
President Mitchell of the United Mine
Workers. The convention organised at
once by the election of Oeorge W. Traer,
an operator of Chicago, as permanent chair
man, and W. B. Wilson of the Mine Work
era as permanent secretary.
On motion of Fresldeht Mitchell the rulee
of the previous Joint conference, requiring
that the vole of the operators and miners
an "all main and principal .questions'" bo
cast as un)t, were adopted. This action
enables T. tt. Robblns. retiring chairman
of the operators, and. Thomas Lewis, vice
president of the United Mine Workers, to
prevent any aetlon on the wage scale which
they do not favor.
The following were announced as mem
bers of the Joint scale committee, who will
act for the operators:
Illinois H. N! Taylor. A. J. Mooreshead,
B. K Woods. O. U ilarrlson.
Pennsylvania V. I Kohhln. C. W.
Schlcmlerherg, W. W. Kecfer, George A.
Mmkoou.
hki II. L. Chapman. F. M. Osborn, C. It.
Ciitsinghnm. John II. Winder.
Indinna H. E. Selfert. H. V. McClelland,
J. 12. Hhlrkll.
President Mitchell, being recognlxed ' by
the ehalr. delivered a brief address In which
lie outlined his views as to the purpose of
the extraordinary Joint conference, at the
Close of which he' moved the adoption of
- the scale of wages demanded by the miners
In - the Joln conference which adjourned
February J. The scale provides for an In
crease of iT'i per rent. The motion was
lost on a strict party vote, the operators
voting unanimously In the negative, while
the miners voted as a unit In favor of its
a.loMU.n. ' . . ....r! . ....
" ,," . VlYeecll by Mr. Mitchell.
President Mitchell In his address. said;
Thla convention lias ' reconvened under
what are possibly the most extraordinary
circumstances that have ever prevailed In
the Industrial history of our eauniry. When
we adjourned more than six weeks ago, It
seemed to us. as It did to the entire people
of our country, that a great industrial con
filet was imminent. So far as 1 know, each
of these forces made preparations for a
great industrial striie. fortunately, or un
fortunately, as clrcuniBUtnces may. develuu,
the president of our country Intervened and
advised that we make a further effort to
reconcile our differenees. As a consequence
of his Intervention, for which I believe the
entire country Is grateful, we have met
here today to again consider, not only our
own personal and collective Interests, but
also the Interests and welfare of this our
common country.
1 have given to this situation as much
thought, as much consideration. I presume
as anyone here. I have reviewed In my
own mind the causes whlcn led to a separa
lion six weeks ago, and I have tried aa best
1 could to review tlio situation, not so
much aa a miner, but rather as an official
- and a man charged with certain public
responsibilities. And gentlemen, arter six
Weeks of thought and consideration, I am
convinced beyond peradventure of douht
that the eleaims that we made In this hall
six weeks sgo were founded upon facts and
justice and that the Industrial prosperity
of our country Justifies the coal miners In
asking that they. shall receive at least a
fair share of the profits that result from
great Industrial activity. 1 believe that the
claims we made then nave been confirmed
by conditions since our adjournment. It
may be that because of our surroundings,
of our environment, because of our train
ing and our special intareat we are unable
to view this situation impartially; but aa
tated in our resolution, adopted some days
ago. we are willing to meet with you who
represent the ownership, or who are the
owners of these mines for the puraose of
trying earnestly and conscientiously to ad
Just our differences.
I take it for granted that the experience
of the last eight years has satisfied even
the most skentlral among yon that annual
or biennial agieements between you and
us are. much better for our mutual inter
ests than the old method that prevailed
years ago, when every year saw a strike
or a lockout.
I believe, gentlemen, that, first, we owe It
to ourselves, thst next we owe It to the
onntrv in make the best effort that
'within us to reach an agreement that will
preserve and maintain Industrial peace in
the coal Held of this country. In order
that there mar be aome -concrete proposl
tion liei'ore tho convention for discusxion
I desire to offer on behalf of the miners
the scale of wages and condltlona of em
ployment proposed by us at our recent
Joint conference. .
President Mitchell handed to Chairman
Traer a copy of the original scale. On the
request of the operators the scale was
read. It embodied a demand for a gen
eral advance of 11H per cent In wuges, fur a
run of mine basis, for a flat differential of
; . ce.nl a ton between pick and muchlne
mining, the exclusion of boys under 14
years of age from the mine and for aa
clght-hourday.
Operators WsTer Old Meal.
' John H. Winder of Ohio, th newly
elected chairman of the operators, pro
faced the motion for the adoption of a reso
lution by a brief address In reply to the
remarks of President Mitchell. The revo
lution, which provided thut the present
wage seals, with all attending conditions,
lr adopted for o period of one year, begin
ning April 1, was defeated.
In his address Chairman Winder Said:
When we assembled six weeks ago to dis
cuss this question the operators considered
ell the proposition which should be of
lered to the miners. They felt that under
the conditions then existing they were en
titled to ask a suokIuuiihI reduction in
wages; but knowing how difficult It would
lie to convince )uu of the other side of
these conditions, they devid.-d to sacrifice
their own interests and to offer to you the
seals of Ho4 f.ir another year,
Since thai adjournment there has been no
eliMtiS'i lit thvsu conditions. Ueaklng gen
el ally, mid mora iwinii ularly for Ohio, we
liuve failed to hud any other base on whl h
e can agre. m bWmlf of the Ohio oeiu.
tots thvreiore I wish to move the adoption
of the prudent wale, with all conditions at
Winding, to be extended for one year front
April I. li, and move that this resolution
tm adopted.
The miners voted gitit the proposition
'Cyutlnued on tiiath Page.)
BANK ROBBERY .IN MOSCOW
Twenty Masked Mea Ortrsnmr
Gnnrds and Take 4.t.HK front
Safe of Credit Mataal.
MOSCOW. March &. The Credit Mutual,
one of the largest banks In Moscow, was
mysteriously robbed by masked men at
dusk tonight, the robbers securing $432,500.
It was an extremely dating Job. The facts
already developed raise. the question
whether the roblsry whs committed by or
under the direction of someone at present
or previously employed In the Institution.
The batik Is situated In Illnka street In the
heart of the city. Tho last of the clerks
bad Just departed, leaving an Inside guard
of three men, while under the porte cochcre
outside were a policeman and the house
porter. The atreet was crowded with ptoplo
hurrying homeward. According to the story
of the guards, in the twinkling of ait eye,
they were confronted with revolvers In the
hands of Jwenty masked men, who had en
tered' tly by the main door, which had
been when the office force left. After
a cork '(." to the guards to hold up their
hands word was spoken. The guards
were bv .nd gagged and thrown Into a
dark cov The robbers then took up po
sitions a. ,e entrances and tho curtains
of the wi ' were lowered. The chief of
the robbet, '; directed the operations of
his associb .y gestures and without
speaking, sK -f, i. thorough familiarity with
the location. . vaults. When all was
ready lie wet he heavy burglar-proof
safe and win. r"few whirls of the knob
threw the combination of the lock, the
heavy doors swung open and the treasure
of the bank was revealed.
The plunder, consisting of gold, silver and
notes, was speedily thrust Into sackV When
a clean haul of the money had been made
not a kopeck being left, the robbers de
parted as silently as they came, making
their exit through the main entrance and
leaving no trace behind them. They had
been In the hank less than half an hour.
Twenty minutes later one of the guards
succeeded In freeing himself and gave the
alarm. The dumbfounded policeman and
house porter who had leen standing In
front of the bank throughout claimed they
had seen no one enter or leave it.
It Is the general Impression that the key
to the mystery Is within the bank Itself.
NEW PROPOSAL FROM AUSTRIA
Vienna Government Has Proposition
that M;iy Settle Moroccan
Police Problem.
ALOECIR.A8. Spain, Mnrch 28. A basis
for the adjustment of the rival claims of
France end Germany, at the conference on
Moroccan reforms has not yet been foun 1.
The Associated Press learns from one of
the moat Interested of the delegates that
the Austrians are preparing a further police
project which it Is hoped will contain a
suggestion less objectionable to France
than the Casa Blanca proposition, while at
the same time safeguarding the Interna
tional principles. The proposed guarantee
consists of an Inspecting general with full
power, nominated by the powers, to which
he shall he responsible.'' Should this scheme
not effect a reconcllatlon of German and
French Ideas, then Russia will Introduce
aa. amended plan,- which will be discussed
simultaneously-' Vlth- the Austrian jriao
until a final 'vndrretandlng la reacted.
Ambassador Henry White, the chief of
the American delegation. Is taking the lead
of other neutral delegates In active en
deavors to effect a speedier settlement than
the one suggested.
Most of the delegates are wearied whilst
awaiting the arrival of the eternal tomor
row, when an arrangement Is promised, but
which 1s dally put off again as the result
of the apparently unending pour parlers at
the various European chancellories, j It Is
stated this evening that this week will see
the end of the conference, but the Impres
sion Is growing that a settlement Is much
nearer than Is admitted by the delegates,
who generally display extreme reticence.
The French Is the only quarter where pes
simism la shown, the general opinion de
cidedly rejecting the Idea of a rupture.
ALL FORMOSA SHAKEN UP
Victim of Saturday's Eartbajaake
Knnbfr Several Thousand and
Damage la Enormoas.
LONDON, March . According to the
London Telegraph's correspondent at Toklo,
It is now estimated that several thousand
persons were killed by the recent earth
quake in Formosa. Tho whole Island was
shaken from early morning on Saturday
until late at night, the shocks being con
tinuous. On the same day slight shocks
were felt In Japan, and from Saturday
night until the following morning live dis
tinct shocks occurred at Kumamoto. Tele,
grams from Formosa state that the prosper
ous towns of Datiyo, Ralshlko and Shlnko
were completely destroyed. At Kagl alone.
2.000 natives and seven Japanese were
killed. The government departments are
transacting business In the open air or in
hastily constructed sheds. At Datiyo 6CQ
bodies already have been recovered from
the open fields to which people had fled only
to succumb to their Injuries. At a rough
estimate the damage amounts to H5.ouO.OuO.
SCOUTS IDEA OF HOP POOL
British. Premier Says that Chinese
Laborers In America Are
Undoubtedly Free.
LONDON. March . In the liuute of
Commons today Premier Campbell-Banner
man aald he declined to embark In a cru
sade against "hop pools" in America or
elsewhere. A member asked for informa
tion about an alleged pool formed by a hop
exporter. of Wheatland, Cal., and the cm
ploy me in of Chinese uoollea by, Oregon hop
growers, and expressed the hope that the
British government would take steps to
prevent the pool from destroying thu British
hop industry.
The premier said he had no ii.t'oruiation
regarding the pool lef-.-rred to, and addad
that he had been lnfurmed thut Chinese
labor was not lurgely employed by the Ore
gon hop growers, and he had no reason to
suppose that where It was employed It
was under other than free conditions. The
premier therefore declined tu take any
action in trie mutter.
4leriea Cans Trouble.
PARIS, March . The Council of Minis
ters today decided to order the prefects
to report the names of clericals receiv
ing pensions who fomented tho Inventory
disorders. The minister of Justice reported
that two vicars fired revolvers during the
manifestations.
Tariff, mar Settled.
BELGRADE. Servla, Murch 19 The
Austro-St-rvkau tariff dispute has col
lapsed. Orders have been Issued to admit
from today all Austrian merchandise Into
Servla on the same condttiuis wlticU pre
vailed b fore the tariff war.
STORY OF TllE STOCK BOOK
Records Reveal Relation Between Waters-
Pierce and Standard Oil Companies.
H. CLAY PIERCE IS UNABLE TO APPEAR
Ills Physician Presents a Sworn
Statement Saying; H Is Threat
ened with Attack of
Pneamonla.
ST. LOUIS. Mo., March ax The sucond
day's session of the oil hearing in the
ouster case of Missouri against the
Standard, Republic and Waters-Pierce OH
companies was marked by the failure of IL
Clay Pierce to appear as a witness, and
the sworn testimony of Dr. Bond, his
physician, that Mr. Pierce was threatened
with pneumonia and unable to leave his
room, and the severe cross examination of
Charles M. Adams, secretary-treasurer of
the Waters-Pierce company, who was
again on the stand and occuped most of tho
day with his testimony. StocV certificates
were produced and read to show that tho
Standard company held stock In the
Waters-Pierce company In 1900, .when that
company .was reorganised.
Attorney General Hudlcy today tele
graphed to Secretary of Btate Swanger, at
Jefferson City, asking him not to permit
the Republic Oil company to withdraw
froan continuing business In Missouri, va
such a course, if permitted, would defeat
the purposes of the investigation. . Mr.
Hadley explained that during the taking
of testimony in Cleveland recently, he
received an Intimation that there might be
shifting of oil interests in Missouri and
that he had immediately written Secretary
of State Swanger along that' line, request
ing that particular care be taken that
this should not be allowed. "I saw an
article today that the Republic Oil com
pany was selling out to the Standard Oil
company in other slates and I wired
Secretary Swanger to recall my Cleveland
letter to his mind," said Mr. Hadley. "I
cannot say that my action was prompted
by any new revelations in the testimony
of the past two days."
Vice President A.' M. Flnloy of '.he
Waters-Pierce Oil company, was called to
the stand and sworn as a witness Just
prior to adjournment today, and was ex
cused until tomorrow morning at the open
ing of the day's session.
Mr. Adams C'ross-F.iantiaed.
Mr. Adams was questioned closely re
garding the ownership of Waters-Pierce
stock.
"Since you left the stand last night have
you recalled anything regarding tho owner
ship of Waters-Pierce stock prior to May
29, 1900, tho date of the reorganisation of
the company?" asked Attorney General
Hadley.
"I have not," Adams replied.
"Are you able to state whether or not
the Standard Oil company of New Jersey
owns a majority of the stock of the
Waters-Pierce company?"
"I am not."
"Did you make out or see the dividend
certificates paid to stockholders of the
Waters-Pierce company T"
,'"I cannot .remember." . ' j . :. .
tTould.yoti name even one' of the "Block
holders of the company?" -T
could name myself."
"You can remember none of the others?"
"I cannot."
'"Who held the stock of the Waters-Pierce
after the reincorporation?"
"H. Clay Pierce."
"How much did he hold?"
"He owned l.HM shares following the re
Incorporation." 'Why can you. recall this fact and not
recall who owned the stock on the preced
ing day?"
"I cannot answer that question." .
"What was the purpose of this dlsin cor
pora tion and reincorporation on the same
day?"
'I cannot say."
'Wasn't It for the purpose of securing a
license In Texas when the authorities of
that state had refused your company per
mission to do business there?"
'I cannot tell you."
"Don't you know that of the 3,936 shares
of stock issued to Pierce 1,74 shares were
Indorsed in blank by Pierce on September
4, 1900?"
"I do not know."
Adams Signs Checks.
"When the disincorporate was effected
were the stockholders paid for their stock?"
'I believe the new company bought the
old company." .
"What officer attended to this transfer?"
"I signed the checks. If that is what you
mean."
"Who did you sign the checks for? In
whose favor were they draWn?"
"I cannot recall."
"Can you recall having made out any
checks to the Standard Oil company of
New Jersey?"
"I can not."
"Do you remember one person to whom
you msde out checks beside yourself?"
"No."
"Can you explain why the internal rev
enue stamps on the certificates of stock
were cancelled one day and the assign
ments not made until four years later?"
"No."
"Doesn't that suggest anything to you?"
"No."
"Do you know W. T. McKee, the present
secretary of the Republic Oil company and
the man who testified here Monday that
while he was employed by the Standard
Oil company he had audited the books of
the Waters-Pierce company?"
"Yes. I met him In the Waters-Pierce
offices."
"What was lie doing there?"
"He was employed by our company."
"Isn't It a fact that he was put on the
payroll to auait tne nooks or your com
pany, and that when the auditing had been
completed that .hie name was stricken off
the payroll?"
"Yes, that is right."
Story of the Stock Books.
Attorney General Hadley then asked Mr,
Adains to produce the stock book of the
disincorporated Waters-Pierce company.
Mr. Hadley also offered a summary show
ing In abbreviated form the various hold
ings of stock, with the transfers. If any, of
the stock. The summary was accepted by
opposing counsel and was used by Mr. Had
ley In questioning the witness.
Certificate No. of the old concern was
for 1.5l' shares, made out to the trustees of
the Standard Oil trust. In June of 1906 the
stock was transferred out and new certifi
cates issued, numbered 11 and 14. It was
shown by the book that certificate No. It
was made out for l.SiT shares to the trus
tees of the Standard Oil trust, while the
remaining shares of the lot were made out
to V. II. Tllford.
The book also showed thut In Murcli, lsai,
a certltWate for uo shares, another for
siuirea. and In March, !), still another cer
tificate for Sj9 shares of the Waters-Pierce
(Continued, on Second Page.)
WRITS DENIED MINE OFFICERS
federal District C'onrt Refnscs to
Release Meyer and Haywood aad
Appeal lni Re Taken.
HOISfc, Idnhu. March Judge J. H.
Beatty In tha United States court today
quashed the writs of habeas corpus In the
cases of Charlea M. Moyer, William I.
Haywood and George A. Pettlbonc. He
first granted the motion of the prosecution
to strike out tho material portions of the
answers. Attomrf E. F. Richardson gave
notice of upiieal to the United States su
preme court.
Judge Beatty slated that he had thor
oughly Investigated the question before him
and had carefully examined all the refer
ences noted in the briefs. He stated that
it was the practice of his court to be gov
erned by the decisions of the United Stales
supreme court and by the decisions of the
federal courts; that where the state courts
and federal courts gave adverse decisions
on the same issues the state court de
cisions were denied. He took up the points
raised by the defendants that they should
be discharged because v, they had been
brought to Idaho under fraudulent moans
and that they were not extraditable from
Colorado because they were not fugitives
from Justice from Idaho. Judge Beatty de
cided that his court had no Jurisdiction to
inquire Into the methods whereby the pris
oners were brought into this state iu the
proceeding at bar. t
"There la no provision that I have bsen
able to find in la." said Juriite Beattv
"whereby I have Jurisdiction to remand thi
prisoners to a slatet state after they have
been brought in thd demanding state, as In
the present instance. Now that the prison
ers are in Idaho I fannot make any order
to prevent their detentions and trials here."
Charles H. Moyer, William D. Haywood
and George A. Pettlbone. charged with mur
der of former Governor Steunenberg, today
pleaded not guilty when arraigned before
District Judge Frank Smith at Caldwell
The cases were continued over the term
and the date of their trial was indefinitely
fixed at about May 16.
Judge Pmith overruled tho demurrer to
the indictments and denied tho application
to admit the prisoners to ball.
Judge Smith announced that the Canyon,
county Jail was an unfit and unsafe place
for the detention of these prisoners. He
Issued an order fot the removal of Moyer
to the county Jail at Boise and It was
stated that ho will send Haywood to the
county Jail at Welser. Pcttibone will re
main In the Jail at Caldwell.
Attorneys for the defense objected to
the order of removal, maintaining that the
county Jail At Caldwell was satisfactory
Counsel for the defense have steadfastly
opposed all plans to separate Moyer, liny
wood and Pcttibone. and It was to keep
these officers of the Western Federation
of Miners In close anorlatlon that they
had them confined in the little jail it
Caldwell.
It has been asserted that the dotectlves
wanted to separate the prisoners, thiAr
object being to work upon them Indi
vidually, !ri the hope of serurlng admis
sions that could be used to advantage by
the prosecution. ,
President Moyer was brought to Boise
this afternoon and placed in a celt In the
county Jail, far removed from, the oUier
prisoners. - : ,
DEATH OF AN ABSCONDER.
1 i
Allen Howard. W no Fled from San
Francisco with JMfO.fKIO, Dies
of Yellow Fever.
8AN FRANCISCO, March ft.-Conflrma-
tlon of the death of Allen Howard, the
absconding broker, who left here last Au
gust with SfiO.OOO. has been received by the
chief of police In a. communication frpm
the State department, enclosing three dis
patches from Alfred Wlnslow, the Ameri
can consul at Guatemala City. The dis
patches chiefly tell of Howard's, flight
through New Orleans to Puerto Barrios
and of his attempt to reach Guatemala
City by a circuitous route. While stopping
at a small - hamlet he was stricken with
yellow fever, from which he died within a
few days. Only 1 cents was found among
his effects. '
Reflned Sngar Hlcher.
NEW YORK. March 20.-A11 grades of
refined sugar were advanced 10 cents a 100
pounds today.
Help the Omaha Y. W. C. A.
build their new home
by getting your friends
to subscribe for The Bee
Twenty-five per cent, on all new sub
scriptions goes to the Y. W. C. A. fund
A new building means a home for the
working girls, a pleasant noon hour and
a warm lunch, instead of a cold one.
Are not the girls whose dally work is in the factory and shop en
titled to a home as much as the boys. Omaha has given the boys a
Y. M. C. A. home, let us not be "weary in well doing" until we have
gallantly done the handsome thing for our girls. We owe them much.
Remember they are to be the wives and mothers of our boys and chil
dren. The hoce-makers and builders of the coming generation, and
early home influences and associations should be more their necessity
than privilege. Let everybody help a little Just a little, and the girls
are ausured a handsome home. Will you do your part?
For th. FiscaJ Year, 1904-05
Paid-up membership 1.653
Total number iuncites la"' year ltW.UJ
I uli y average - 6.9
Employment found for l&l
Boarding houses found for US
Knrolluient in gymnasium IM
Enrollment In educational classes 2t4
Enrollment In Bible classes Z-i
Go pel inee'l.igs and noon meetings M
Factory meetings It
The amount expended in thla work
last years was ll,?t)6.to
The Omaha Dee Offer:
We will give toward the Y. W. C. A. building fund 25 per cent of
all cash in the sums of $1.00 Or more received for new subscriptions to
The Omaha Bee morning, evening or Sunday editions and 10 per
rent of all prepaid subscriptions in amounts of $1.00 or more from our
old subscribers. Xo puyinent will be accepted as prepayment until all
arrearages have been paid to date.
A $6.00 payment on tv new subscription
yields $1.50 the Y. W. C A. fund.
LET EVERYBODY HELP
HAN OF THAYER FUNERAL
Militia of Btate Will Take Part in Last
Rites at Capital.
SERVICE TO BE HELD FRIDAY AFTERNOON
Body of Former (Governor Will Me
In State In the Senate Cham
ber After Thursday
Soon.
(From a Staff Correspondent.)
LINCOLN, March 20.-Siecuil.)-Tlie body
of General John M. Thayer, Nebraska's
grand old man, will lie In state from Thurs
day noon until Friday noon In the senate
chamber at the capltol building, at which
time tho people of Nebraska will have a
final opportunity to pay a last tribute of
respect to the gallant soldier and beloved
statesman and cltlsen.
A short funeral service will be held at the
residence of Thomas 11. McCaslln at 1716
Prospect street, Thursday morning. Rev.
Mr. Jones of St. Paul church officiating,
after which the body, under military escort,
will be taken to the state house. At 1:30
Friday afternoon the remains will be taken
to the St. Paul church and there a publlo
service will be held, though the casket
will not be opened. This service will be
conducted by Rev. Mr. Jones and Rev.
Luther P. Ludden, both of whom were se
lected by General Thayer. Others who will
peak are Governor Mickey, J. U. Strode,
f. J. Majors, Captain H. & Palmer and
others. Should the weather be Inclement,
the members of the Grand Army of the
Republic will hold their services at the
church at this time, but If the weather Is
pleasant this part of the service will be
conducted at the cemetery.
With the exception of the brief service
at the house, the funeral will be a strictly
military affair, and this afternoon General
Culver Issued his order for the funeral and
for the participation of the members of tha
National Guard. Besides the escort of
guardsmen, the regimental band will take
part In tho ceromonles.
Today Governor Mickey Issued orders for
the flags st the state house to be displayed
at half staff. All over Lincoln there is
evidenced a disposition to do honor to the
memory of the great man who Is, dead.
Many prominent citizens called at his late
home during the day and on all public
buildings the flags arc flying at half mast.
John M. Thayer, Jr., the oldest son of
the dead general, reached Lincoln early this
morning from his home In Alton and at
once requested Adjutant General Culver to
take charge of tho funeral arrangements.
George Dana Thayer Is not expected to
reach town before tomorrow.
Ord-rs by Adjutant General.
Adjutant General Culver this afternoon
iBsued the following orders:
It is with deep sorrow that the governor
announces the death of General John M.
Thayer, which occurred at 7:30 p. m. on
March 19 at his residence In tho city of
Lincoln.
John Milton Thayer was born at Belling
ham. Mass., January 24, 1W0. raised on a
MafwarhusettH farm, graduated at Brown
university, and moved to Nebraska in
ISM, settling In Omaha, where he was ad
mitted to the bar. The first territorial
legislature authorised the enrollment of
militiamen for the protection of the frontier
snd romrnUiaiiiaed John M Vbayer aa briga
dier general 'and pliU'ea nun ill cmnmaiui,
and afterwards as major' general of the
territorial volunteers. In which position he
continued until the tiring on Fort Sumter
in ifil, when he raised and tendered the
services of the First regiment, Nebraska
volunteers, to President Uncoln, which was
accepted, and he, commissioned as colonel,
reported to General Fremont at St. Louis,
then to General Grant at Pilot Knob;
participated In tho campaign of Forts
Henry and Donelson; promoted to brigadier
general for gallant conduit; sent to south
western Tennessee, taking part In the
battle of Shlloh, the siege of Vleknburg
and engagements Incident thereto; was
breveted major general for bravery and
meritorious services. He was transferred
to the Department of Arkansas and la'.r
placed In command of the Army of the
Frontier.
At the close of the war he returned to
Nebraska, was elected to the first con
stitutional convention and then one of the
ilrst senators from this state to congress,
participating In the turbulent sessions dur
ing the reconstruction period. In 1876 he
was appointed governor of Wyoming and
served nearly four years. Then returned
to Nebraska and was elected governor in
1!4 and re-elected In 1SX7. In 1892 he be
came a citisen of Lincoln and retired to
privets' life. He was chosen as department
commander of the Grand Army of the
(Continued on Second Page.)
NEBRASKA WEATHER FORECAST
Fair and Warmer Wednesday. Than
day Fair.
Temperature at Omaha Ycsterdayi
Hoar. Peg. Honr. Ilea.
B a. nt 7 1 p. m 1
9 a. m 5 S p. m Wi
T a. m 4 S p. m
S a. m ft 4 p. m
B a. m...... T S p. d ...... 1
10 a. m It n p. m. aa
11 a. m 1ft T p. sn Sw
IS m IM H p. m Z
B p. n XT
TALK ABOUT BASSETT CASE
Discrepancies In Petitions of Hoabnnd
and Wife Regarding; th
Children.
(From a Staff Correspondent.
WASHINGTON. March 20. (Special Tele
gramsNot In a long time has Washing
ton society had such a choice morsel of
gossip to roll beneath its tongues as that
which has grown out of tha Institution
of divorce proceedings In the Bassett
family. Mrs. Fanny Rice Bassett filed a
petition for divorce In the Omaha courts
from her husband, Charlea B. Bassett. and
he tiled a cross suit naming as co-respondent
Rev, B. Lawrence Hunt, pastor of the
Noble Street Presbyterian church of Brook
lyn. The Bassett have many friends and
acquaintances among people high in offi
cial life In Washington.
In the petition Mrs. Bassett filed In
Omaha she asks for the custody of her
Ave children, as follows: Charles, aged
; Rice, aged ; Frances, aged I: Benjamin,
aged S; Lawrence, aged 12 months.
Charles E. Bassett, the husband, has
asked the court to give to him the custody
of the four oldest children, but make no
claim for the charge 'of the fifth child,
Lawrence, which Is Just about 1 year old.
Edward C. Colladay, attorney for Mr.
Bassett, was asked today If he had noted
tho discrepancy between the claim made
by Mr. Bassett and his wife for the custody
of the children. ,
"I have," he replied.
"And you purposely left out of Mr. Bns
sett's petition all mention of the fifth
child. Lawrence?"
"I Jld."
Mr. Bassett was also asked for a state
ment about the matter. He declined to
discuss the affair for publication, further
than to ay that his petition was absolutely
correct. He added that he did not know
of the existence of the child Lawrence
until Juno following Its birth, at which
time it was S or 4 months old.
CONTRIBUTIONS NOT CRIMINAL
New York Attorney Renders nn
Important . Opinion on Life
Insurance Matter.
NEW YORK. Mnrch 2ft. The giving of
political contributions from the fund of a
life Insurance company by the officers of
such a company does not constitute larceny
or any other crime In the oplnoln of Dis
trict Attorney Jerome.
This opinion was submitted to Justice
O'Bulltvau In the court of general sessions
today.
The opinion was given In connection with
the presentment on the Insurance investi
gation, which was handed to the court b
the grand Jury several days ago. In Its
presentment the Jury aaked Justice O'SulII
van to advise them whether he considered
the giving of such political contributions
as constituting grand larceny. The dls
trict attorney in his opinion to the court
says that after a careful examination of
authorities he Is led to the conclusion that
the actions embodied In the four state
ments as found In the presentment do not
show the commission of tho crime of lar
ceny or of any other crime.
Judge O'Sulllvan tomorrow will charge
the grand Jury os to his own conclusions
in the matter.
STORM ALONG ATLANTIC COAST
Dosen , Small Vessels Lost and
Dead In Vicinity of
Boston,
Six
BOSTON, Mas., March . In the storm
of March 1$ and 30 at least a dosen vessels
were wrecked or damaged and six lives
lost. That the list will grow In the next
few days I probable. In view of the else of
the fleet which was off the coast when the
storm was at Its height last night.
The list of disasters and less serious ac
cidents includes the following schooners
Lady Antrim of Booth Bay, Me., total
wreck at Marblehead; five lost.
Rosa Mueller of Booth Bay, ashore at
Cape Podue, Mass.; crew escaped.
Marlon Draper of Booth Bay, ashore, but
floated at Hyannls.
Winnie Lawrle of Boston, sunk off South
Yarmouth, Mass.; crew rescued.
c. c. Lane or New Haven, wrecked a
Boeton light; crew rescued.
' Sarah A. Reed of Calais, Me., ashore a
Jonesport. Me.; crew escaped.
Barge No. 17, Northeast Transportation
company, sunk at New London; woman
lost.
FEDERATION OF LABOR AFFAIRS
Board Dlsrnssea Proposed Changes la
Legislation Affecting; Trades
I'nlona.
WASHINGTON, March .-The case o
the National Association of Steam and Hot
Water Fitter and Helpers, which was for
merly affiliated with the American Federu
tion of I-abor, but whose charter had rx-en
revoked, came up before the executive coun
cil of the American Federation of Labor
today. Arguments were made for and
against a resolution adopted at the last
Pittsburg convention of the federation
recommending the advisability of reissuing
that charter. Proposed lalar legislation
to be taken up with the president. Vice
President Fairbanks and Speaker Cannon
on each of whom the council is to call, was
considered and formulated.
Existing laws In several states compellln
unions to come under the Insurance pro
visions of the laws was discussed, and
decision was reached to make an effort to
bring the unions- under the provisions of
th law applying to fraternal societies,
SALARIES FOR OHIO OFFICIALS
I.eglslatare Passes BUI Wiping On
Pre System and Uovernor
lalll Sign It.
COLUMBUS. O.. March SO The system of
paying county officers in Ohio by fees
wiped out and all county auditors, record'
era. sheriffs, pr wecutlng attorneys, clerk
of courts and treasurers will bo placed o
straight salaries beginning January 1, lis7,
through a bill which was practicully niude
it hiw this afternoon, when the house con
eurred :u the senate amendments to the
Wilson salary bill. Tlie governor's algna
ture to the bill is assured. Under the ne
law ull Jet collected go to tha county
100DY IS SARCASTIC
Attorney General Fi Dishes Aicuinent in the
Packers Case,
DEFINDANTS PLEAS ARE NOT VALID
ersons Entitled to Immunity Mutt Claim
it When Under Oath.
NO C0MPULSI0H OF ANY KIND USED
acts and Figures Were Not Produced
Under Protest.
MANY LEGAL AUTHORITIES CITED
When Attorney ' General Finish
Mr. Miller Begins His Reply for
Packers and Will Finish
Today.
CHICAGO, March Attorney Oehetai
Moody spoke nearly all day In the hearing
of the immunity plena advanced by the
ickers, concluding his argument Just In
time to allow him to take a train for Wash
ington. Mr. Moody declared that th pleas of the
packers were not well founded and that
they could not be entitled to Immunity be
cause they had given their evidence of their
own free will and had not been placed on
oath, nor subjected to compulsion of any
kind. He at times grew very sarcastic in
his references to the statements of the at
torney for th defense, who had claimed
hat their clients could not be punished be
cause they had voluntarily given evidence
to Commissioner Garfield.
Attorney Miller, for the defendants, mada
a brief reply to the attorney general before
court adjourned for tho day. He will con
tinue his argument throughout the first
usslun of tho court tomorrow and perhaps
longer.
Moody Cites Authorities.
Attorney General Moody commenced by
citing a number of authorities In support of
the )osltlon maintained by th government
in the case.
'A person can be compelled to testify as
a witness before a tribunal," ha said, "and
in order to be compelled ho must bo wit
ness before some tribunal under compul
sion of the law. To give Incriminating
evidence against himself the Compulsion
must be exercised over his claim of ex
emption. Tho substitute by which the
constitutional privilege of any man may
be supplanted must be co-extenslve with
the privilege which it supplants'
The attorney general argued at consid
erable length on the contention that In
order to obtain Immunity a witness must
clulm It under oath and while on the wit
ness stand. He declared that none of the
defendants In the present case had done
this and tht therefore their claim for
Immunity could not bo seriously considered
by the court.
Concerning the compulsion said by th
packers to have been exercised by Com
missioner Oartlcld the attorney goncral
said: . . ' ; V . . ' .
"There I ntr longer any contention here
that there w any actual cempnlston Jn .
the act of Mr. Garfield other thn the
powers invested in him. . The claims are
made that the Information furnished to a
government official entitled to have It was
furnished under compulsion of the law and
under the act of 1W entitle the defend
ants to Immunity. That and nothing else,
is the Issue In thi cane.
This question Is strangely void of au
thority. My friends, the attorney upon
the other side, have not cited one line of
authority upon this question. On the other
hand we have the Interpretation of a long
line of government officer and one case
which bears directly upon the point at
Issue."
The attorney general declared that the
statemeats of Attorney John S. Miller, who
represents Armour Co. In the case, are
utterly at variance with the term of the
immunity act. The attorney general aald:
Attorney Ueneral Become Sarcastic.
'.'Mr. Miller said In his argument that
If a man had committed a crime In the
postal service and went voluntarily to th
proper person and made confession he
would be entitled to immunity if the law
gave Immunity. Let u ee where that
most extraordinary claim leads to. It 1 n,
great discovery of my learned friend for
which uncounted generations of captalna
of industry will thank him. Washington
will become the Altmria to which they
can report for the pardon of their offense,
it will be much easier Instead of running
away from a subpoena to run towrad the
government agency and serve a confession
upon tha government agent. Anybody lit
thi land who la now seeking to avoid the
service of a subpoena will thank my learned
friends for giving him a venr much shorter
road to travel. Washington, under sucli
circumstances would become a great reeort.
not only In winter but In summer. All th
people who are violating the law of th
land may go there at Interval and obtain
their Immunity. All they hare to do Is to
go there In .obedience to the compulsion .of
the law. II can do It at Intervals. Th
law Is a license to commit crime. Now I
can fancy these gentlemen gathering there.
I can fancy Mr. Swift and Mr. Armour
and their meeting In Washington with aomo
other great magnate, who ha been
there and ha been washed in what I may
call 'miller bath.' I can Imagine them
meeting and saying 'Good morning. Quod
morning. Mr. Rockefeller, have you had
your Immunity bath thla morning?' Look
at the absurdity of the thing."
Th sarcasm of th attorney general
brought out much laughter, and the bailiffs
had some trouble In restoring quiet In thu
court room.
Late In the afternoon Attorney General
Moody referred to the letter written by
President Roosevelt to the attorney gen
eral, which waa placed in the record of the
case by the attorneys for th parkers. II
said: "It has been said her that th presi
dent wrote a letter referring to this mat
ter. I am the last man In the world to say
that these gentlemen should not give their
best to their clients, but If they felt it
their duty to place that, letter lu evidence,
when It touches upon another subject,
against the man In the White Hons, who
Is unable to come here to protect himself
If they felt it their duty to muke their at
tack upon him, I hav little more to say."
"In Justice to us." said Attorney Miller,
"I would like the attorney general to ax
plain how, since the letter was made a
public document by him. It could be an au
tack upon tlio president.",
"I will allow my statement to stand un
qualified." retorted the attorney general.
Parker Warned by iardeld. .
Attorney General Moody then declared
that it was only those who bad onmmittod,
acts without th law and who far4 tho
law who sought to b protected by It.
"Loes th learned, stlwne (aral fvt
