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ESTABLISHED JUNE 19, 1871.
OMAHA, TIIUKSDAY 3JORXIXG; At ARCH '-'J, 19U(-TEN PAGES.
SINGLE COPY THUEE CENTS.
MINERS IN SESSION
Joint Scale Committee Continue! Its Delib
erations AH Day.
SHOT FIRERS LAW UNDER CONSIDERATION
Illinois Operatori Say it Adda to Expense of
Mining.
MINERS REFUSE TO STATE POSITION
Adjournment Taken to Allow Them to
Confer Among Themselves. ,
ANTHRACITE OPERATORS MAKE STATEMENT
Allre that Dtmaita of Men Menu
Revolution la Condition of
Work la too Col.
llerte.
A
INDIANAPOLIS. March
scale committee of the joint
1 nee of
the coal operators and miners c Ijntral
competitive and southwest dlstr
session almost the entire day, bv
ai accomplished toward arrivlrv
agreement.
"n.
The committee of the central couip
itral couip
i, Indiana,
devoted Its .
Held, composed of Illinois
and western 1'ennsylvanla
slona to discussion- of the Illinois shot-Art.
law, which the operators of that state claln
puts an additional expense of from 2 to 10'
cents on each ton of mined coal. The min
ora' representatives on the committee re
fused to make any declaration upon tho
subject and asked for a recess until tomor
row morning (hat they might caucus. Their
caucus wan devoted to discussion as to the
lieitt means of getting the argument In the
Joint committee awuy from the shot-fliers
proposition and getting before the commit
tee the general proposition of wages, run
of mine basts, differential and oilier matters
contained In the demands made by them In
the former Joint conference, which ud
Journed February 2. They regard these as
more important and desire that they uhn.ll
be settled first. These Uemands were placed
before the Joint committee, today as the
banes for argument, and no utner proposi
tion or motion was made during the day.
The operators and miners attending the
Joint conference spent the day amusing
themselves. The committees of both dis
tricts will report to their several Joint con
ferences a noon us they have reached a
definite understanding. Any agreement
reached must be ratified by those several
conferences, the members of which are
awaiting the action of their committees.
Illinois operators held a caucus and reit
erated thetr firm poeltlon In their demand
for relief from what they consider an un
just situation caused by the expense en
tailed by the shot-fliers law.
Compromise I'ader Consideration.
It was stated tonight that the miners'
representatives on the Joint scale commit
tees of the cwntral and southwest district
at, their joint meeting tonight decided to
a4' for ?te suiwiitaalon of the' wage scale
matter to subcommittees tomorrow. These ;
subcommittees will. It Is stated, be pre-
stinted with a proposition from the miners
to restore the scale of two years ago in
the central competitive district and a rela
tive advance In the southwest district.
It Is further stated that a movement is
on foot among the officials of the Illinois
miners to propose to the Illinois opera
tors that if they agree to the restora
tion of the scale of two years ago, which
la equivalent to an Increase of 5.55 per
cent, the shot flrers' question will be taken
up and some arrangement mode after the
present Joint conference adjourns.
southwest District Conference.
Thu Joint conference of the southwest dis
trict named a Joint scale oommlttee and
look an adjournment pending Its action.
President Mitchell of the Mine Workers
eM today he had not received a letter from
President Boer in reply to his proposition
for another anthracite meeting, and until
he had received it and submitted it to the
miners' anthracite committee, the members
of whluh are here, he could not discuss the
time and place for the meeting-.
The entire wage matter of the -southwest
district waa referred to the following Joint
scale committee:
For the miners
Kansas W. IL McC'loskey, Alex Howalt,
John Hoy and John billings.
Missouri James Mooney, J. T. Mussell,
Giant Parker and Thomas Rose well.
Indian Territory. Texas and Arkansas.
J. M. Morgan, Homer Uowur, Peter, Slew
art and John Ingram.
For the operators:
Kansas. II. Sliaw, Peter McCalU 8. J.
Tonkin and Ira Fleming.
' Missouri J. II. Hovard, J. C. Tarsuey,
Edward Nevis and Oejrge W. Klcrstad.
Indian Territory, Texas and Arkansas
11. P. Hush. William Busby, K. Uache and
W. K. Gordon.
Statement af Anthracite Operators.
NEW YOllK, March Ti. The demands of
the anthracite workers for a readjustment
of wage and conditions In the anthracite
fields would, if granted !y the operators,
taaan a veritable revolution in mining con
ditions, according to a statement issued by
the operator' committee of seven today.
The statement declares it to be a matak
to assume that an eight-hour day and a 10
per cent wage Increase represents the sum
jvouil of the demands of the miners. "This
new and uniform scale," aaya the state
ment, would, place every man on the same
basis. Increasing tho wages of some men
as much as l&u "per cent. The average in
crease under the uniform scale would be
nearly per. cent for outside men. The
proposed schedule would mean a veritable
revolution In mining conditions. The
statement says that the miners Insist upon
a uniform wage scale for Its separate and
distinct classes of workmen about the
mines.
"For years," It continues, "the operslor
and employe have recognised the different
value of labor lit different localities and
even In different sections of the same col
liery. Yet, now the miners' committee de
mands equal pay for the engineer wlio
sung a little ten-horae power engine and
lite man who- ha a giant engine in his
charge. They allow no more for the men
working under the difficulties and dangers
than for the same cls of workers at posts
of ease and simplicity."
According to the statement, masons In
tku Mahoning and Shamokln division would
have their wages increased 111 per rent
under the new rate profioaod by the miners'
committee. They now receive 17.4 coma per
hour and demanded cents. Some sort en
tenders In the Sioux mine In the same divi
sion who now receive 12. cents per hour
would receive an increase of 117 per cent
under the new rate. The wagea of black
smiths' would be increased el per cent,
dumpers would receive per cent lncreuse
aud plate n ten would get within 1 cent of
double the wages they now command. The
statement adds:
"Other similar inatancea are numeroua
tCouUaued on Heooud PsB
INSURANCE ELECTION BILL
ew York l.ralalatare Will Take Ip
Measure Reanlatlnu: Mutaal
Companies Today.
ALHANT. N. Y.. March 2i.-The assembly
committee on Insurance In executive ses
sion tonight voted to report favorably to
the assembly tomorrow with amendments
assembly bill No. 9b4, Introduced by the
Joint special Investigating committee, which
legislate out of office on November IS
next all the directors and trustees of the
mutual Insurance- companies and would
nullify all proxies hitherto secured by the
companies themselves or by any person
or committee. The most Important amend
ment provides that no proxy executed
prior to September 15 next will be valid
or can be voted at the reorganization elec
tion, which the Mil sets for November 15.
It was stated that the amending and re
porting of the bill were at the Instance of
the Investigating committee on Insurance.
It Is said upon reliable authority that
the reason for the pushing of the particu
lar bill Is the fact that the election of
trustees Of the New York Life Insurance
company would take place on April 11
and It Is the desire of the committee that
there may be no question that this elec
tion shall be among those postponed by
the act.
According to the same authority the
amended bill will he reported also In the
senate tomorrow In behalf of the Arm
strong committee and the effort mill he to
threes the bill to passago with all possible,
-ceed so that It may be enacted and
veil In the hands of Governor Hlgglns
. ty next week.
.rhe bill affects "every domestic mutual
life Insurance corporation whether Incor
porated by a special act or under a gen
eral law," and provides that the annual
election of every such . company which
under Its charter or bylaws would be held
"hereufter and prior to November 15. 1906."
shall be postponed and held on that date.
All present directors shall hold office until
then and until their successors arc elected.
ST. JOHN HELD WITHOUT BAIL
Idaho Miner Extradited to Colorado
Arraln-ned for Murder of
Hen Huranm.
(
TKLLURIDK, Colo., March Jl.-Vimvnt
Bt. John, president of thu Miners' union at
Burke, Idaho, who was brought to Colo
rado from Itoise on requisition to answer
to the charge, of being Implicated in a con
spiracy to murder Ben Burnam, was today
bound over without bail to the district
court. Burnam was killed In the labor
riots at the Smuggler-Union mine on July
8. 1901. At that time St. John wa-s president
of the local miners' union, which Is affili
ated with the Western Federation of Min
ers. Before the hearing of testimony to
day attorneys for St. John filed a motion
for a change of venue, charging that Jus
tice L. M. Brown was not qualified to sit
as an examining magistrate because of
his former relations with the Citizens' al
liance and Mine Owners' association. This
motion was denld and Justice Brown took
.occasion to refute the churgea of favorltlsny
ugalnst him. Testimony of nearly a score
of person's wus Cukon. till Maying that St.
John was present at or soon after the battle
In which Burnum was killed, and a written
agreement signed by the assistant manager
of the mine and St. John arranging for a
truce waa also offered in evidence.
1 " .V
SEARCH FOR SNOW VICTIMS
Large Parties niacin for Bodies uf
Men Killed by Shenandoah.
Colo.. Snowallde.
SILVE'RTON. Colo.. March 21. News
reached here today that the Mountain
Queen mine was swept by a snowsllde last
Saturday and all the buildings, Including
the compressor house, were destroyed. A
force of twenty- men escaped without In
jury. The financial loss Is not heavy, as
the company had not Installed the ex
pensive Improvement planned.
The Mountain Queeri Is situated In Cali
fornia gulch, ovej- the ridge from the
8unny Sldo and Gold Prince properties.
A large party of men left today on snow
shoes for the Shenandoah mine, tn Arastra
gulch, above Howardaville. to assist in
digging for the bodies of the twelve miners
who were swept to their death by a snow
slide. 8tlt( another party Is on its way to the
Green Mountain mill to search for the
body of Foreman T: R. Hlrkey.
Alarm Is felt for the "members of these
rescue gangs, as they will 'je compelled
to go over trails where slides are known
to run frequently.
' I
MOVE BY NEW YORK CENTRAL
Stockholders to Vote on Proposition
la Increase Capital ttoek
aion.noo.ono.
NEW YORK. March A circular was
Issued to the stockholders of the New York
Central & Hojson River Railroad company
yesterday by President W. H. Newman
calling on them to attend a t pedal meet
ing at Albany April 18 to vote on a prop
osition to Increase the capital stock of the
company from IllSO.OOO.ftOO to $3on,(nr).O00. The
proposed increase Is designed "to provide
additional capital for such corporate pur
poses of the company as the board of dl
rectora may determine and may be issued
when the directors deem It advisable."
It will comprise l.Ooq.iat shares at ItOu
each.
It la announced that this action is taken
pursuant of a resolution adopted by the
board of directors on February IS.
The market price of New York central
atock was unfavorably affected In the
Stock exchange by the announcement of
the proposed stock issue. Late In the day
It declined from Its high point of list, to
UIH and closed at 113V
OREGON DEVELOPS WEAKNESS
HtiurTural Defect la Discovered I'nder
the Heaviest Cannon nf Amer
ica n Battleship.'
HONOU'Ll', March Jl.-The battleship
Oregon, which la returning to Bremerti.n
for repairs, has arrived here from the
Orient.
It is reported that a structural weakness
has developed under Its heavy guns. For
some tine there has been an order not to
use the lS-lnch gun except in caae of dire
liuceaaity. '
WASHINGTON, March 21. One of the
keelplate of the Oregon waa found to be
somewhat destroyed six or eight months
ago, hut the condition was thought to be
due to docking. Order were given at
that time not to fire the big guna of the
vessel It Is on It way home for an
overhauling. No report have reached
the ordnance officer of any wealtuksg to
the (uiuuounts ot the bstUeabJp,
ROOSEVELT TO LABOR MEN
Delegation of One Hundred from American
Federation at White House.
URGE ENACTMENT OF LABOR MEASURES
thief Executive States Ilia Position
on Injunctlona, Right Hour
I.a vr and Chinese
Exclusion.
WASHINGTON, March 21. President
Roosevelt received a large body of repre
sentatives of organized labor this after
noon at the White House and talked to
them about their urgent request for the
enactment of labor measures now pending
before congress.
Samuel Gompers. president, and Frank
Morrison, secretary of the American Fed
eration of Labor, headed the delegation,
which consisted of about 100 members of
the executive council of the American
Federation of Labor and officials of the
organizations which comprise the federa
tion. Practically all of the Important la
bor organizations of the country were rep
resented. Secretary Morrison read to the president
a memorial of the executive council of
the American Federation urging action on
the various demands for legislation being
made by the organized labor Interests of
the country. The memorial dwelt particu
larly on the eight-hour law and Its en
forcement on government works. Including
the Panama canal, and the Immigration
laws, especially the Chinese exclusion
laws.
President Gompers and James Duncan of
Quincy, Mass., first vice president of the
federation and president of the Granite
Cutters' union, followed with brief ad
dresses on the lines of the memorial. Pres
ident Roosevelt, after listening to the
statements, replied in un extended ad
dress. On the subjects of general Immi
gration and the exclusion of Chinese la
bor, the president Indicated that he was
In practical accord with them, but on Home
other matters he differed from them rad
ically. The text of the president's re
murks as given out at the White House
this evening follows:
Address of President Roosevelt.
Mr. Compels: If your body objects to the
passage of the proposed antl-injunctlon
bill 1 hnva no doubt that you can stoo
it, for there is not a capitalist concerned,
who, simply as a capitalist, is not against
It, though I believe that a goodly number
hoth nf ranltallsts and waae workers who
are concerned primurily aa citizens favor ,
It. I Me olaw was woraea over una nuo
stantiallv whipped into its pitsent shape
at a number of conferences between rep
resentatives of the railroad organizations,
of thu Department of Justice and with
the bureau of corporations with me. It
goes as far aa I personally think it should
go In limiting the right of Injunction; at
any rale, no argument have hitherto been
advanced which make me think It Rhould
go farther. I do not believe It has any
cliHtice of passing, because there has been
great criticisms in both houses of con
gress against the attitude of tho admin
istration in going so far as we have gone;
and If you think It Is not far enough, why,
"ou will have no earthly difficulty In kill
ing the bill. Peraonally. I think the pro
posed law a most admirable one and I very
BlneHrely wish It would be put through.
.As for the right of injunction, it. i abso
lutely necessary to mve thl owrr lodged
In the courts, though of course any abuse
of tho power is strongly to bo reprobated.
During the four and a half years that 1
have been president I do not remember
an instance where the government has In
voked the right of injunction against a
combination of laborers. We have invoked
It certainly a score of times against combi
nations of capital. I think possibly oftener.
Thus, though we have secured the Issuance
of injunctions In a number of cases- against
capitalistic combinations it has happened
that we have never tried to secure an In-
i unction against n combination of labor,
lut, understand me, gentlemen, if I ever
thought it necessary, If I thought a combi
nation of laborers were doing wrong. I
would apply for an Injunction against
them just as quick ae against so many
capitalists.
Haforrement of Eight-Hour Law.
You speak of the eight-hour law. Your
criticism, so far aa It relates to the execu
tive, bears upon the signature of the ap
propriation hill containing the money for
expenditure on the Panama canal, with
the proviso that the eight-hour law shall
not there apply. If your statement la In
tended to mean that no opportunity waa
given for a hearing before, then the state
ment is not In accordance with the facts.
There was ample opportunity, but not a
single request for such a hearing came
to me. I received, however, some hundred
of telegrams and letters requesting the
veto of tbe entire appropriation bill because
It contained that proviso. Frankly, I found
It difficult to believe that you were writing
and telegraphing with any kind of knowl
edge of the conditions in the case. I be
lieve emphatically in the eight-hour law
for our own people in our own country.
But the conditions of labor, such as we
have to work with In the tropics, are so
absolutely different that there is no possi
ble analogy between them, and an eight
hour law for thu Panama canal la . ah
absurdity. The conditions that make the
eight-hour law proper here have no possi
ble reference to the conditions that make
j the eight-hour law entirely Improix'r there.
I You hamper me In the effort to get for
j you what I think you nualit to have In
i connection with the t Ight-hour law when
you make a request that W Indefensible,
and to grant wlih-h would mean Indefinite
delay and Injury to the work on the
isthmus.
Chinese Xot a Menace to I .a hor.
Now, about the Chinese exclusion. Th
number of Chlnege now In this country Is.
If I remember aright, some Sn.ono or A.f.
So far from there being a great Influx ot
Chinese the fact Is that the number ha
steadily decreased. There are fewer Chi
nese than there were ten years ago, fewer
than there were twenty years ago, fewer
thau there were thirty year ago.
The delegation remained with the presi
dent about three-quarter of an hour and
the subjects auggested were considered
Informally after the address had been de
livered. It was agreed that on points of
difference the executive council of tho
Federation should appoint a committee of
three which should draft the views of thu
organisation and submit to the president
at a later date. It Is likely that President
Gompers will be chairman of that oom
mlttee. Memorial Presented, to Cannen.
Earlier in the day the delegation called
on Speaker Cannon and Senator Frye of
Maine, president pro tempore of the sen
ate, and laid before them the name memo
rial which they presented to the pres
ident. The document expresses the
opinion that the eight-hour law la
Ineffective and insufficient and deplore
the government's attitude toward the law.
a affecting work on the Panama canaL
It complains that the worklngmen has not
been protected against convict labor; aud
that appeals for relief from undesirable
Immigration have been without result.
"Recognizing the danger of Chinese In,,
migration," say, the letter, and responsive
to the demands of the- people, congress
years ago enacted an effective Chinese ex
clusion law; yet, despite the experience of
the people of our own country, oa well a
those of other countries, the present law la
flagrantly violated, and now, by act of con
gress, it is seriously proposed to Invalidate
that law and reverse the policy."
Ae to avlaatien Una,
The letter then goes on to state that law
for the protectluu of seamen are inade
quate. Such disaster a the burning of the
Slocum and the wreck of tlie Rio de Ja-
SHIPPERS FORCE REBATES
Interstate Vommerre Commission
Proaalse Interesting Ivelop
rncata at .ew York.
WASHINGTON, March .-Tlie Inter
state Commerce con-miisslon today gave
out for publication the following notice:
"t'pon reports to the commission that
many shipper in and about the city of
New York have been persistently under
billing and mlsrepreer.Aing freight shipped
by railroads from that city and other
point In eastern Wrttory the commission
ha ordered an Investigation and. set the
matter down for hearing at fnlted States
court rooms. New York City, on Friday,
March 23, at 10:30 a. Mb It la expected that
ome highly Interesting developments will
take place indicating fraud on, the part of
tho shippers which amount to forced re
bate from published .tariff rates.
The member of the commission were
loath to give any of the details which led
to the decision to conduct the Investigation,
but the Information was Imparted that be
yond question tho und rbilllng waa Inten
tional and that the shipments were delib
erately mlsclaaalfied' In order to secure tne
lower freight rate. N,o.,one at the offices
of the commission was willing to admit
that the railroad were a party to the al
leged frauds. Many witnesses have been
subpoenaed to be present at the hearing.
A member of the committee stated today
that the commission proposes to go to the
very bottom of the alleged frauds .and
false description of property. They will
see, he said, what the Investigation de
veloped before entering; Into consideration
the question of criminal prosecution.
"In this Instance." suld the member,
"we will most assuredly apply the correc
tive of publicity.
"The Inquiry In . New York will have
spclal reference to merchandise traffic
shipped from that city usually in less
than carload quantities.'
"It is reported to the commission that
In numerous Instances shippers actually
sending articles that belong in one cf the
higher classes described by a different name,
which would place them in a lower cluss
and so get the advantage of the lower rate.
This operates not- 6nly to defraud the
carriers of revenues to which they are
entitled, but also has the effect of a serious
discrimination against the honest shipper
who must meet his competitor In common
markets."
MRS. HUNTINGTON FILES SUIT
Wife f epbew of Bnllder of
Southern Pnelde Rullroad Ask
or Divorce.
SAN FRANCISCO. Marcli 31. Mr. H. K.
Huntington today tiled a suit lu the
superior court praying for a divorce from
H. E. Huntington, the Well known railroad
man and nephew of Che late Colli P.
Huntington. . '
Mrs. Huntington's complaint Is very
brief, simply alleging desertion since the
year 1900. The case han been et for hear
ing before Superior Judge Graham to
morrow. It Is understood that there will
be no contest, a satisfactory arrangement
of property interests having been made.
; Jin-- If unling-totr )is pTrtfersd-'O sa11
for the orient tomorrow. Immediately after
obtaining an Interlocutory - decree of di
vorce. Mr. Huntington left the city for
Los Angeles today. Mr. and Mr. Hunt
ington have two grown daughters and one
son.
NIGHT OPERATOR IS ARRESTED
William Vandrnsen Taken Into Cus
tody, hut Released Pending
lervlo of Subpoena.
PCEBLO. Colo., March 21. William Van
deusen,' the night operator at Swallow for
whom Operator Lively waa working on the
night of the Rio Grande collision near
Adobe, was taken Into custody by police
here last night, but subneqnently was re
leased by order of the sheriff of Fremont
county. Vandeusen say no subpoena to
appear at tho coroner's Investigation has
been served upon him. He will remain
here until this afternoon, when the sheriff
of Fremont county will arrive and serve
a subjiocna on him. Vandeusen say he
knows nothing of the whereabouts of
Lively.
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 iiew 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 tbe boys a
V, 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 home-makers and builders of the coming generation, and
early home Influences and aaaoclations should be more their necessity
than privilege. Let everybody help a little Just a little, and the girls
are assured a handsome home. Will you do your part?
For the Fiscal Yer. 1904-05
Paid-up membership 1.65.1
Total number lunches loat year 166,142
Iaiiy average 6i!
Employment found for l&l
Boarding houses found for 115
Enrollment in gymnasium 19.;
Enrollment In educational classes 2t4
Knrollment In tut'lc classes 2-'4
Goaiel meeting and noon niietigs ....i
Factory meeting Vv. 71
The amount exiwndud in this wosk
last year waa tl8.T6S.tf
The Omaha Bee Offer:
We will give toward the Y. W. C. A. building fund 25 per cent of
all cash iu the sums of $1.00 or more received for new subscriptions to
The Omaha Bee morning, evening or Sunday editions and 10 per
cent of all prepaid subscriptions in amounts of f 1.00 or more from our
old subscribers. No payment will be accepted as prepayment until all
arrearages have been paid to date.
A $6.09 payment on a. new subscription
yields $1.50 to the Yt W. C A. fund.
LET EVERYBODY HELP
SHAW GETTING INTO GAME
Secretary Returns to Iowa to Look After tbe
Political Sitnation.
EXPECTED TO SPEAK AGAINST CUMMINS
Senate Committee Favorably Report
House Resolution for Postpone
ment of tbe Opening ot the
Shoshone Reservation.
(From a Staff Correspondent.) -WASHINGTON,
March 21. (Special Tele
gramsSecretary Shaw has gone home for
the purpose of taking a hand In tho cam
paign against Cummins. On Friday even
ing the secretary of the treasury will de
liver an address on "Republicanism" before
the Polk County Republican club at Pes
Moines-. It is the opinion In Washington
that the fight between the Cummins and
antl-Cummlns force is the bitterest that has
been waged In Iowa politics for many years.
Efforts have been made to bring the entire
Iowa delegation In the lower house Into
line against Cummins, but Congressmen
Haugen, Blrdsell, Connor and Dawson re-
fused to take any hand In the Cummins
fight on the theory that their fight for re
nomination as congressmen had no bearing
on the gubernatorial situation. The fact
Is that all of the gentlemen mentioned rec
ognize that they are In so-called Cummins
territory. Other members of the delegation
are In doubt as to their position In the
game now being played and In frankness It
may be truthfully said they do not know
where they stand. Congressman Hull of
tho Des Moines district ha gone pot-haste
to Iowa to rehabilitate his machine, because
one of his old-time political managers,
George L. Dobson, has come out as a candi
date against him. Hepburn has troubles of
his own. Congressman Hedge has not made
up his mind whether he will be a candidate
for renomlnation. and altogether the Iowa
delegation is in a chaotic condition over tho
reports from Hamilton county, which yes
terday sounded the note for Cummins' re
nomination as governor.
, Menuce to Khan Room.
Secretary Shaw's presidential boom is one
of the political Institution of Iowa that are
conceived to bo endangered by the success
of Cummins. It is expected that In his ad
dress at Des Moines on Friday night the
etretary will stick some pin Into Cummins
and the Cummins movement, and that hi
apnea ranee will give a new turn to the con
test. Potmatcr Reappointed.
Judge Norrls today recommended the re
appointment of G. M. Prentice aa post
master at Fairfield. He-also r.-wmmended
the reappointment of J. C. iiltcheli as post
master at Alma.
Judgo Norrls was Informed today that the
Poatoftice department would reappoint J.
H. Tower as postmaster at Sutton. Mr.
Jower was originally appointed under the
second Cleveland administration and has
been continuously In office since that time.
Hla appointment will mean his fourth term
In office. .
Distribution of Tribal Funds.
- . ... n . .
J,y-t.
today introduced a bill' to restore to tl.
Sisseton and Wuhpeton Indians In the
Dak )Las their annuities and give the pres
ident authority to aay to whom tbeae an
nuities shall be paid. The Burke measur
la intended to separate certain Indians en
tirely from their tribal relations, making
them Independent American cltixena. Tho
. proposed bill la tn line with the meaauro
passed by the house ten day ago for
-patenting lands to them. It authorizes
the president to apportion and pay such
Indiana aa are capable of managing their
own affairs their pro rata of the tribal
fund. Before, however, any payment la
made each Indian Is to sign an agreement
releasing the government from the pay
ment of any further money to him.
Senator Klttredge toduy gave notice of
an amendment to the Indian bill which 'he
proposed to push for the further Improve
ment of the insane asylum for Indians at
Canton. 8. T). He wants .000 for a laun
dry and $3.5)10 for au improved water sys
tem. Public HnlldluaT for Plattamonth. '
A favorable report was ordered today
by the senate committee on public build -
(Continued on Second Page.)
NEBRASKA WEATHER FORECAST
Fair Thursdny, Except Rain or
la Southwest Portion. Friday Fair.
Temperature at Omaha Yeaterdnvi
Hour. Hen. Hour. Peg.
a. m Kit 1 p. ns HT
A a. m VO it p. nt H
T a. m 241 II a, m HI
a. nt as 4 p. m t
9 a. m B p. an at
lO a. m .14 H p. tn XO
It a. ni ST T p. m 2
13 m It p. m l
f p. an Sit
FINLAY'S MEMORY IS POOR
Vice President of Wntera-Pleree OH
Company Remember Little About
Important Transaction.
.ST. LOUIS. March 21. The oil hearing
In tho ouster case of the state of Missouri
against the Standard. Republic and Waters-
pierce oil companies, which was resumed
Monday, adjourned today until April t and
Attorney General Hadley, accompanied by
Assistant Attorney General Rush C. I-ake,
Immediately departed for New York to
attend the oil hearing there on Friday.
The Illness of H. Clay Pierce, formerly
president of the Waters-Pierce Oil corn-
p.iny, who was expected to be . the princl
pal witness of the session, prevented hi
appearance.
Charles M. Adams, secretary-treasurer of
the Waters-Pierce company, was recalled
to the eland briefly and waa followed by
Vice President Andrew M. Flnlcy, who
testified that ho had gone to New York
and talked with H. M. Tllford of the Stand
ard OH company, but could not remember
whnt they talked about. He was severely
cross-examined on the subject of whether
Waters-Pierce company report were made
to the Standard Oil company in New 'York,
but the majority of his answers were to
the effect that he could not remember.
In the middle of his testimony adjournment
was taken and he waa admonished to be
ready to continue hla testimony on April S.
"I regret to be Informed .that Mr.
Pierce i still 111. I will call for him aa a
witness the first thing this morning. If
he Is unable to appeur today I will not be
able to hear his testimony at this hearing,
as I must leave for New York this even
ing to attend the. healing there. Mr.
Flndlay, vloe president of the Watera
Plerce Oil company will probably be the
only witness today."
"Will you hear the testimony from Mr.
Pierce at a Inter day?" was asked.
"Oh, certainly," replied the attorney gen
eral. "Hs Is regu'arly sworn a a wit
ness and must appear and give testi
mony. I can't say Just when tho next
hearing will be held here. That, of course,
will depend upon how long I remain In
New York, but I trust Mr. Pierce will
have recovered his health In the mean
time. Today's proceeding will close the
present session of the hearing."
BANK PRESIDENT IS CALLED
Claelanatl Prosecutor Will Have
Orataltle" to Officers Probed
by Graad Jury.
.
r CINCINNATI, aiarcn 21, uevrga .
lramsa.r-m tua. re-
r"0,"iT,,. , ,, m,
-CINCINNATI, March 21, George B. Cox,
at the close of the last campaign, was on
f the bank presidents summoned to ap
,ear before the grand jury here today to
testify In regard to the payment to county
treasurers of Interest, or "gratuities" for
tho deposit of public money. The other
bank officials summoned included the heads
of all banks In which county funds have
been deposited during the past few year.
This action was taken by County Prose
cutor Rullson, following up the investiga
tion by the Drake commission Of the state
senate by which County Treasurer Hynicka
and others testified that the banks had
been paying what amounted to 2 to 2
per cent on funds deposited with them,
such payment being made personally to
some one In the county treasurer's office
and that deposit would not be made in
any of the banks until in understanding
as to the payment of these "gratuities"
had been reached. Check for t2E,0ta) and
135,000 to cover the amount of interest es
timated to have been paid bv them were
yesterday turned oer to Mr. Rullson by
County Treasurer Hynicka and former
Treasurer French, respectively, both of
whom promised to pay any additional
amount it this waa Insufficient, the money
to be held until the courts had decided
whether It belonged to the county or to
tho officials personally.
METAL TRADES IN SESSION
strikebreaker May Re Protected by
Standlnar Force of Guards
is at Mines.
CI.KVEUAND. Marrh 21. The eighteenth
annual convention of the National Metul
Trade association met here wlthvabout v
members from all parts of the country In
attendance.
One of the question to be considered dur
ing the holding of the convention Is the pro
tection of strike-breaker. In this connec
tion the association may, it I said, be asked
to sanction the maintenance of an enlarged
force of guards, resembling the coal and
Iron police of Pennsylvania. The men, it is
asserted, would be armed and drilled for
service at the point of any member who
might have a strike on hand.
The uniting of the association with the
National Founders' association, for the pur
pose of being able to more successfully com
bat labor strike Is recommended in the re
port of a special committee, and the mat
ter was taken up during the afternoon.
BANKER PREACHER INDICTED
Rev. Ituls Kellcy of Peoria Charged
with Receiving Deposit When
Rank Was Insolvent.
PEOBIA. III.. March 2I.-Rev. LouIh
Kelly, the Baptist minister who waa a
partner with the late Rev. George Simmon
In the defunct People Savings bank, waa
Indicted for embexxleinent by the grand
Jury this afternoon. The Indictment charge
that Kelly received deposit on Monday,
February 6, the day berore Pr. Simmon
committed suicide, when he knew that the
bank was Insolvent. Recent development
In the case have shown that the bank held
notes signed by Kelly and Simmon with a
face value of Sm.flOO.
TRAIN IS DUGFR0M DRIFT
Pnaaenger oa tho Illlaol Ceatral
Arrlv at Chamnalca Two
Day J ate.
BLOOMINQTON. 111.. March a. The
Illinois Central train, marooned In the
drift near Aigenta, twelve miles from
Uecatur, has been released and reached
Champaign two da ys late. Neighboring
farmer supplied the passengers with food.
All roada are now open, though Lot run
ning on aohedul tu&s.
PACKERS WIS FIGI1I
Judee Quashes Indictments So Tar st
Individuals Are Oonoerned,
CORPORATIONS MUST STAND TRIAI
Court Finds that Individuals Wsra Com
pelled to Furnish Evidence.
ACTION OF GOVERNMENT NOT DETERMINEC
Attorney Morrison Will Look Up Eil
Eis;bt to Appeal.'
GREAT JOY AMONG THE DEFENDANTS
Among Men affected Are Edward
Curiahy, J. Oaden Armour, Louis Fa
Swift, F.dnard Morris. Arthur
Meeker, p. A. Valentine.
CHICAGO. March Jl.-All of the packers
who were Indicted by the federal grand
Jury last summer upon charges ot being
In- conspiracy In restraint of trade and
commerce were today granted immunity
from criminal prosecution under the Indict
ment. While the Individuals are to j
free the Indictment found against the cor-,
poratlons of which some of the Indicted
Individuals are members and other ate
employes, are to stand.
A decision to the above effect was handed
down this afternoon by Judge' J. Otis
Humphrey In the district court. The argu
ment In the case were concluded shortly
after 3 o'clock. Judge Humphrey soon
commenced tho delivery of his opinion.
It was oral and the Judge poke for nearly
an hour before giving the slightest indi
cation of what the ultimate decision would
be. Ho reviewed the caso at length In
all It bearings, cited all the essential facts
which had been brought out and concluded
as follows:
Vnder the law In this case the Immunity
pleas tiled by the defendant will he sus
tained as to the Individuals, and denied na
to the corporations, the artificial persons,
and tho Jury will find in favor of the gov
ernment as far aa the corporations are
concerned, and against the govornment, as
fur as the Individuals are concerned.
During the rendition of the decision the
court was crowded by tha defendants and
numerous spectators. Edward Morris and
Edward Swift were In court and both
smiled happily when the decision was an
nounced. Joy Amonar Defendant.
J. Ogden Armour was not present, hut
some of the men prominent In the em
ploy of Armour & Co., who were named
in the Indictment, were there and their
Joy wa great. When the' Judge announced
that the Indictments would not He against
them they crowded together and com
menced to shako hands in mutual con
gratulations. The attorneys for the defense
were also highly pleased, and whon the
decision had been announced they shook
hands all around, and hastened to the Jury'
box to shake hands with the Jurors, who
had been excluded ' from the court room'
during all of the arguments made- in the
case, and had rendered a verdict in ac
cordance with the directions of the court.
District Attorney Morrison, who has han
dled the case alone with the exception of
the argument by Attorney General Moody,
sat with bowed head for a short time after
Judge Humphrey had concluded, and then
walked over to the jury box and also shook
hand with the Juror.
Immediately following the dismissal of
the Jury, District Attorney Morrison raised
the question of the date of the trial of the
corporations. He asked that the case be
set for trial and that it commence within
two weeks. This met with a storm of.
protest from the attorney of the packers,
who Insisted that they would be unable
to prepare for the case before the fall of
the year, pleading the number of witnesses
which It would be necessary to bring to
Chicago, the strain of the present trial
and various reasons.
Uwrrra to Agrree oa Date.
Judge Humphrey directed that the law
yers agreo. among themselves on a date
and notify hit of their decision next week.
It is expected that the total number ot
witnesses in this trial when -it begin will
be at least l.fiuO. The attorneys for th
packers declared today when asking for
a postponement of the trial that their wit
nesses would number 1,500, and the gov
ernment ha already said that it would
havo luO or more.
The court proceedings for the day were
commenced by the argument of Attorney
John S. Miller, who had waived a portion
of his time In favor of Attorney General
Moody. He scouted the contentions of the
attorney general, saying that it waa evi
dent to the most casual reader nf the In
tel stale commerce law that no distinction
txisted In fact between evidence given vol
untarily or evidence given, under compul
sion. He deelared that there could not
be the slightest doubt but that the de
fendants In the present caae wers entitled
to Immunity.
Derision of the Court.
Attorney Miller concluded his argument
shortly after 3 o'clock and Judge Hum
phrey shortly after commenced speaking
from the bench, announcing hi decision.
Part of the decision waa a follow;
The defendant are Indicted under the
Sherman act, charged with a conspiracy la
restraint of trade. They have pleaded that
a to them that act should be suspended
because they should not be compelled to
furnish evidence concerning the ma iter in
the iudlctment. and under the law such
furnishing .f evidence gives them immunity.
The law under consiueruiion whien tn
court Is called upon to deride U tne com
merce and labor act. It ir clear that the
primary purpose of this act waa to enabiu
congress to provide, through the channel of
officials charged with the execution of laws,
remedial legislation. The act la a snl.stl.
tute for one of the most cherished rights
of the American ritlsen which Is the right
to remain silent when ouestinned about any
subject the answer to which might Incrim
inate him. It Is concedad that the privi
lege amendment to the constitution cannot
he taken from the citizen without return,
giving to htm something equally valuable.
The privilege of the amendment penults a
refusal to answer a question relating to the
onense. The privilege must he claimed by
the witness at the time. The immunity
Mow to the witness without any claim ua
his part.
It is contended that the defendants la
this case were volunteers beeuusa they hag
gled with Garfield at times, detwtrd, in
sisted, gave less than he asked and with
held some things. The record does now
that, but the fact remains that every ap
proach was made by the government. Oar
held mode Ida demands and it does not to
my mind destroy the character ot the com
pulsion under which they acted that the
defendant after having considered the law
and after having decided that they had no
legal right to resist, still debated with the
cuiiimlBoioner In the ho;ie of inducing hint
to lake something less than ho originally
demanded. Garfield came to the del, -n, lams
and held up before them the (siwera of hi
office. They did not go to him and volun
teer anything. Now since the ip-fendaiM
volunteered nothing, but leave omy nhil
was demanded by an offlc. r who had , fie
rights to rruae ihr demand and gave in
a od faith uuoer a s.-ns of legal nnni'ia.
sion. I am of the opinion that they ic en
titled to Immunity.
Judge Humphrey then entered upon an
sla-boralv, UisvuMiun v( lit twulenuvu