Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 23, 1906, Image 1

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    The Omaha Daily Bee.
AdvortU In
. Best " West
Bee Phonos numbers
l.uslne Dmirlaa 23A
Circulation .... Itouglas 89T
KciitorlaJ Dougla 201
Committee Offers to Accept Sc&la of 1903
for One Tear.
Would Mean Restoration of Cnt of 5.56 Per
Cent Made Two Yean Ago,
This it Not Satisfactory to the Employes'
Two Other Proposal Made and H.
Jeeted and Uppoilng Sides Are -o
1 rarer 'lu(hfr J'han at
Last Coufe-
ter buing
in session tnc neater pun. .' 'j
Jo.ut scute committee of the
etncqs of tne coal operators
."'lay the
competitive und southwestern dial
Jourm-d lute thin afternoon until toi.
morning, divltle-d on every proposition
had been made during tnu nay by elu ,
side. They were no nearer agreement tha"n
they were February 2, when the former
Joint conference disagree! and adjourned
Mine die. Every Indication pointed toward
disagreement tomorrow and the convening
of the Joint conferences of the two din.
trlctn to receive report to that effect.
The joint scule committee of the central
competitive district, composed of Illinois,
Indiana and Ohio and western Pennsyl
vanla, adjourned at i o'clock this after
noon after being In session since 9 o'clock
tills morning". During the afternoon four
propositions were made In the meeting and
all were defeated. President Mitchell of
the Mine Workers, as soon as the after
noon executive session had begun, moved
that the wage seals of 1903 be p.dopted
for one year. In making this motion the
mine workers receded from their former
demands of a run of mine basis, a differ
entia! of 7 per cent, (in eight-hour day, an
Increase of 12,i per cent tn wages and
prohibition of employment of buys at the
mines under 16 years of one. After brief
argument this proposition was defeated,
the operators and miners voting by slates.
All the operators voted against the motion
and the miners unnnlmoiisly for It.
Proposal from Operators.
H, N. Taylor of tlie Illinois operators
then moved that the wage scale of 190S
be accepted for two years, providing the
miners agree to pay the expense caused
by the shot fliers law In Illinois. This, it
has been figured by the operators, amounts
to I cents per ton of mined coal and on an
average of IS.oon.OOO tons of Illinois Coal
mined annually bv the use of shot flrers
would amount to VVfl.Oim per year. This
motion whs defeated by the unanimous
voteef both- ewwutajBt js'to" .nrhiers..,. . ..
President rt.0 "Pefv of the' Illinois min
ers moved that the Ii3 se ile. which Is nn
advance of S.5S per eret over the present
seals In the central il'strl. t and relatively In
the southwest district, be accepted for one
year, the operation of the shot flrers lam
In Illinois to renin In ns at present. This
was defeated, the miners voting for it and
the operator sgalnst it.
Mr. F. I Robblns of the western Penn
sylvania operators moved the adoption of
tho 1903 scale for two years, with same eon
illtlons. This wm defeated by the oper
ators rf Illinois, Indiana and Ohio, who
voted against the proposition. At this point
adjournment was taken until tomorrow
Subcommittee Proposition Rejected,
Karller In tho day the miners' representa
tives moved that the Illinois shot flrers law
le regarded as a district matter to be set
led by the district, but this was defeated
by the operators. The miners made an ef
fort to have the differences referred to a
sub-scale committee of four miners and
four operators, but the operators would not
agree to this.
The Joint scale committee of the south
western district defeated the proposition of
the miner for the appointment of a sub
committee, and also refused to exclude the
stenographer from the room on motion of
tbs miners In order that a proposition from
the miners representatives be considered
without record being made. This commit
tee then took an adjournment until tomor
row morning. '
All the sessions of the committee were
First Marder fnse In Federal Court
In that rttr on
5T. LOUIS. March 22.-The first murder
rase to be tried In the federal court In St.
Louis began today, when Emmet McCoy.
nrgTO trooper at Jefferson Barracks, was
placed on trial In the United States cir
cuit court on the charge of having killed
Alexander Barkervllle, a fellow trooper, in
a duel on horseback.
It is charged that on the night of Decem
ber 7, Its, when both were on picket duty,
they quarreled concerning the wearing of a
ample army coat sent to the barracks fur
testing and that McCoy shot Barkervllle.
A number of army officers were sum
moned as witnesses in the rase.
German steamer and Nrhooner Both
Damaged lr Impart Off
Cape Henry.
CAPE HENRY. Va.. March 22.-The
German steamer Bun Miguel, bound from
Baltimore for Port Maria and the schooner
Ralph M. Hayward. from New York,
collided twelve miles off here last night.
The schooner Is leaking badly and is
beached at Lynn Haven Inlet- The tug
North America has gone to its assistance.
The San Miguel proceeded to Baltimore
today. Its main mast was carried away.
It deck trimmings and stack dismantled
and a hole stove in its side near the water
Battleship on Trial.
QUINCY, Mass., March 22. The battle
ship New Jersey, constructed for the gov
ernment by the Fore River Shipbuilding
roinpan. left today for an unofficial teat
of Its engines and cruise The ottlelul trial
trip will be held nn March 28 or when
It elll be required to make nineteen knot
n hour.
Mrs. Huutlnatou Gets Divorce.
HAN FRANOI8eX. Mtrrh 22 Superior
Judge Graham todsy rranted a divorce to
Mr. Henry E. Huntington on the ground
vt desertion. No request for alimony whs
msds, and the attornes refuse to statd
whether or not there wa any money set
Us m uit.
eeret Meeting to Be Held In Finland
to Decide I pes a Pro
gram. BT. PETERSBURG. March 22. The agi
tation among the workmen's organisation
Involves a bold plan on the part of the
social democrats and other radical elo
ments to send delegates, elected secretly
at a meeting to be called at some place
In Finland early in April, at which an
ultimate plan of operation will be decided
upon. A division of sentiment exists
among the leaders. Some of them favor
calling a general strike In the mlddle of
April for the purpose of forcing the lower
house of Tarllaihent to demand the Im
mediate convocation of a constituent as
sembly on the basis of univcrsul suffrage,
but the more audacious aim at setting up
a provisional government. They believe
the time Is ripe to organise a general up
rising, and that. If successful, their repre
sentatives could boldly contest the author
ity of the government. The authorities
here, who perfectly realise that something
big is preparing, already have learned of
the possibility of a general strike, and
Interior Minister Durnovo has sent cir
culars to the governor generals and gov
ernors apprising them of the state of af
fairs and Instructing them to "take the
necessary measures" to meet the move
ment. Premier Wltte's project to permit the
peasant banks to Issue 5 per cent bonds
to finance the purchase of land from the
proprietors and its sale to the peasants has
been adopted by the council of the empire.
The majority of estates arc heavily mort
gaged to the nobles and private banks
with foreign connection and the bonds will
be used to satisfy these mortgages, the
banks guaranteeing 6 per cent for fifteen
years on the balance due the land owners.
The question of the methods, which the
peasants are to follow in making their
payments has not resolved. At this stage
the scheme does not Involve expropriation
by law nor the compulsory sale of estate
to the peasant banks.
As a means of expediting the trials of
political prisoners with whom the prisons
are filled the council of the empire hus
considered a law empowering public
prosecutors of their own motion to bring
offenders t trial without awaiting an
order from a superior court, which under
the existing law Involves indefinite de
BERLIN. March 22 . I'nusually large
numbers of Jewish and Russian emigrants
to the United States and South America
are expected to have Germany ufter Easter
and an Influential committee has been
formed here with the object of directing
the emigration to the best places. Bo far
as the United Slates is concerned the com
mittee will publish advertisements through
out Russia advising emigrants to avoid
New Tork and all the eastern states, and
committees were formed at Galveston,
New Orleans, Baltimore and other southern
seaports, which, co-operating with commit
tees in the interior, will direct emigrants
to places where they can work at their
trades. The committee here has been in
formed that many well-to-do Jews are pre
paring to go to the United States. ,
It lot! ii a In French Strike.
..LENS France, Mnfoht- 21-Itt ports from
various mining centers show that the strike
is now general. Some disorder has occurred
and a number of the company's wagons
have been smashed. Twelve hundred ad
ditional troops have arrived here, and the
whole district is now occupied by the mili
tary forces. ,
Record Price for Orchid.
LONDON, March 22. A record price,
$4,000. was paid this afternoon at a local
auction room for a prize orchid from a
collection of II. T. Tut.
A. W. Johnson of X. V. C. A St. L. Rail
way Elected President of Main
tenance of Way Association.
CHICAGO. March 22. The American Rail
way Engineering and Maintenance of Way
association, In annual convention today at
the Auditorium hotel, elected the following
cfflcers for the coming year:
First vice president, A. W. Johnson, gen
eral manager of the New York, Chicago A
St. Louis railway. Cleveland, O. ; second
vice president, Walter O. Berg, New York,
chief engineer I.ehlgli Valley railway;
treasurer, W. 8. Dawley, chief engineer
Chicago & Eastern Illinois railway, re
elected; secretary, E. II. Frltch, Chicago,
formerly assistant secretary. The office of
assistant secretary was abolished.
No election for president was held, as
President Kelly's term of office has not ex
pired. The convention has been In session for
three duys and adjourned after hearing
various reports on "tracks," "water serv
ice" and "wooden bridges and trestles."
Japanese Government Planta Camphor
Trees and Will Increase the
World's Hap ply,
WASHINGTON. March 22. -The Impart
ment of Commerce and Labor has issued a
bulletin dlsrnsslng the development of the
islands of Formosa, -taken from publica
tions of the Japanese government.
The introduction of an enlightened and
energetic government seems likely to result
In a vast Increase In population. There has
been - largs Increase in the production of
rice, sugar, coal, sweet potatoes and Jute,
while the production of tea has decreased.
The principal ir. Instriiel products are cam
phor and cummior oil. Formosa is the
world's chief purveyor of camphor. The
government already ha taken measures to
secure a permanent supply by plantlug mil
lions of young camphor trees.
Trade btween Japan and Formosa has
in recent years been growing with great
rapidity, while that between Formosa and
foreign countries has remained practically
District Attorney at Green Day
Inenrtha Twenty-six Cases of
Alleged Bribery.
GREEN BAY. Wis.. March 21-Dlstrict
Attorney Samuel H. Cady appeared before
the county board und applied for the ap
pointment of a special assistant to work
with him In prosecuting a total of twenty
six all. tied felonies which he say he ha
uncovered, being municipal grafting cases
not touched by the grund Jury investiga
tion of several years ago.
Fit st on th list was the arrest of Charles
M. Curpenler of Chicago. the Barber
Atphalt company's Wisconsin agent, for al
leged payment of a HU bribe to Alderman
Henry Porth In UnA.
Hub. rles involving amounts from tl'O up
ward, with only two for less than 130, are
alleged Ui the forthcoming prosec itlonj.
Cancellation Dockets in Land Office to Be
Open to Public.
Senator Millard and Representative
KJnkald I no ore Commissioner to
Reverse Holing that Wonld
Exclude the Public.
WASHINGTON. March 22 -(Specie I Tele
gram.) Senator Millard and Representa
tive Klnkald have secured an order from
the commissioner of the general land office
whereby hereafter local land offices shall
permit the public to gain Information re
garding cancellation, of public lands. Here
after the cancellation docket In every lancj
oflice in Nebraska and elsewhero will be
open to public, inspection, and may be given
to the press for publication If the news
papers so desire.
The commissioner a month ago issued an
order to land office officials not to permit
public inspection of cancellation dockets.
Reference Is made, of course, to the can
cellation of land entries, or homestead en
tries, In cases where the settlor or entry
man fails to comply with the law and is
forced to relinquish any claim to the land.
Upon representations made by Senator Mil
lard and Representative Klnkald, to the
commlsslrner of general land office, remon
strating against bis action, he today wrote
a letter to Senator Millard as follows:
After careful consideration It was de
cided that the Interest of good administra
tion", as wen as that of the general public,
would be subserved by making the can
cellation docket a public record. oicn to
Inspection at ail times, and permitting the
publication of cancellations in the press If
desired. The enclosed circular of Instruc
tions to that effect has been sent to all
registers und receivers.
Docket to I.I on Counter.
The circular illrectH that cancellation
record be kept on the counter of local
land offices at all times, open to the in
spection of the public, and all cancellations
ordered made by relinquishment, or by
order of the general land office, must be
immediately -entered on the cancellation
record and also upon tract books and plats.
This order will be of an immense advan
tage to homeseekers, enabling them to re
locate upon homestead claims, which In
many Instances are composed of excellent
land and In some cases well Improved.
The joint resolution extending the time
for the opening of the Shoshone Indian
reservation to settlement from June 15 to
August 15 passed the senate today and has
gone to tho president for approval.
Representative Klnkald today secured the
consent of the pension bureuu for medical
examination at his home of Philip King,
an old soldier residing In Arcadia, Valley
county, Neb. Mr. King is seeking an in
crease in pension, but is so enfeebled that
he Is unable to travel to be examined by
the pension examining surgeons, and tho
concession is made so he may be examined
ht his home without additional expense to
E. A. Cudahy and wife of Omaha are In
Washington. Thoy spent the day at - the
capltol, and were. In the house private, gal
lery when the Vote oh" the statehood bill
rule was taken. Later they crossed to the
senate Bide and were placed In the private
gallery there by Senator Millard, who later
entertained them and Mrs. Kennedy, wife
of Congressman Kennedy, at luncheon. Mr.
Cuduhy la In Washington enroute to New
Postmasters Appointed.
Postmasters appointed: Nebraska Lan
ham. Gage county, William Wieters. vice
E. M. Ebyre, resigned; Murtland. Fillmore
county, Henry A. Pearl, vice John Mulr, re
signed; Quick, Frontier county. Franklin P.
Nelms. vice V. F. Garlick, resigned. Iowa
Wadena, Fayette county, Arthur G. Herr-
llng, vice L. E. Hlgler, resigned.. South
Dakota Vodnany, Bon Homme county,
Stelle Sedlacek, vice J. F.- Janda, resigned.
The name of the postofflce at Hunter,
Sioux county. Neb., Is changed to Andrews,
with Cora A. Clark as postmaster.
Laying of Office Hulldlng Cornerstone
to Itrprodoce Ceremony at
WASHINGTON. March 22. President
Roosevelt will take part in the laying of
the cornerstone of the new office building
for the members of the house of represen
tative on But ur day, April 7. The cere
mony will be almost indeutlcal with the
laying of the corner stone of the United
States capitol by President Washington,
nearly 114 years sgo. The federal Masonic
lodge, which had charge of the ceremony
over a century ago will have the honor
of directing the swinging of the corner
tone house annex into place. Walter A.
Brown, the grand master of the Masonic
lodge of the District of Columbia will
uperintendend the exercises and addresses
will be made by the president and Speaker
Three thousand Invitations will be issued
to prominent men throughout the United
Stales. The cabinet, diplomatic corps,
senators, member of the house, the Un
ited States supreme court, governors of
the various states, prominent army and
naval officers and other government offi
cials will attend the ceremony.
In accordance with tradition the atone
1 at the northeast corner of the building
and Its location correspond with that of
the capltol cornerstone. Since the original
capltol was built, wings have both added
at the north and south ends, so the key
stone of the building Is now well toward
the center of that great structure.
The foundation of the msgnlflcant new
office bulldiag Is completed and the floor
beams for the first story are now in place.
Upon these a temporary floor will be laid
and seats provided for the guests, who
will view the ceremony. The high wooden
fence which now surrounds the foundation
will be partly torn away that a view cf
the ceremony may be had by persons who
cannot be provided with seat.
In accordance with Masonlo traditions
the ceremony will be In the open air and
the persons who participate in it will bave
no protection from the weather, regard
less of what conditions may be. Simpli
city will mark the event and all pretentions
will be avoided. In every detail it .will cor
respond as nearly possible with the
ceremony In which President Washington
participated. The articles placed In tha
cornerstone, a far a practicable, will
be Identical wl'h those deposited in the
capltol stone by federal lodge and as both
President Roosevelt and Speaker Cannou
are members of the Masonic order the oc
casion will In every way harmonise with
the spirit of the ceremony directed by the
Virginia Jurisdiction.
Smallpox In Wyoming.
CHEYENNE, Wyo., March B.-Fifty-seven
cases of smallpox are reported In the
farming districts of Llman and Bridge, in
Uinta county. Wyoming, and the southern
pan of that, county taa btva quarantine!,-
Half Dosen Men Reported Killed In
Win Br Id and Clear Creek
GRANITE. Colo.. March 22. An enormous
snom slide came down last evening In the
Wlnfield and Clear Creek mining districts,
killing, It Is reported, at least half a dosen
men. Among the dead Is Harry Winehorn,
the pioneer prospector and mining man of
Chaffee county. A relief party was organ
ised here by James Ball and has gone to
the acene of the dlssster. The news of the
slide was brought to town by a courier.
DURANGO, Colo... March 22. -Tho snow
blockade which has existed uninterruptedly
on the southern linn of the Denver A Rio
Orande since March 11 was broken today
by the arrival of a through train from
Blockade conditions on the Rio Grande
Southern and on the Silverton branch of
the Denver Rio Grande remain unchanged
and train service between Durango and
Telluride will not be. restored for several
After being snowbound for twelve day
on the lofty summit of Cumbren pass, at
the crest of the San Juan range, fifty miles
from the nearest Utrn, a train load of
fifty passengers arrtveu In Alamosa, In the
heart of the San Ltd.- valley.
The train left Durango March 10 and
after It became stalled the snow continued
falling day after day until it lay on the
level higher than the smokestack of the
Railroad employee carried provisions to
the Imprisoned passengers by climbing the
mountains on snowshoes and they were
made as comfortable as possible under the
circumstances. Owing to the high altitude
several passengers became sick.
The rotary plow pene trated to the train
last night and this morning the fires were
again started In the frozen engine: and th,i
Journey made to Alnmosu.
Letter Written hy John A. McCall
Hays It Was Agreed to Keep
Disbursements Secret.
SBW YORK, March 22. -A letter which
former President John .A. McCall of the
New York Life wroto the day before his
death, In which he stated the conditions
under which he employed Andrew.
ton as executive representative of that
company, was made public today. It was
directed to Alexander K. Orr, president of
the New Yetrk Life company, and dated
February 16 last. The letter Is us follows:
My Dear Mr. Orr: t am conscious that
I have but a slight chance tti recover, and
I am desirous that you and the company
officials through ynu shall have no doubt
of the nature nnd the character of the eni-
Kloyment of Andrew Hamilton, If I am not
ere to be heard when the time comes to
make it known. Ho was employed by me
In 1895 on behalf of the company to attend
especially to matters of taxation and legis
lation In the United States and other coun
tries affecting the company's Interests.
He refused to accent t the duty unless It
was maeee eonlldentlai and secret, and that
no accounting of moneys advanced to him
should be asked of him or rendered by
him, and I assented tev the proposition.
He told me that this condition he would
impose as an absolute one. nnd unless It
wan aerenteet he would not undertake the
work. .Whether my 'tniiu legal or net.
It will be left Tor othnrs to say. t neueveu
It was, and that I was clothed with full
fower so to act, and that tho interests of
he company and the policyholders de
manded steps of this nature be taken; hut
aside from the main reason for my present
writing is, that there may remain no eloubt
as to what my statement woultl be If I
were here as to the nature and character
of "Judge" Hamilton's retainer and con
tract. Sincerely yours,
Proposition to Postpone Life Insur
ance ' Elections Causes
Mnch Comment.
ALBANY. N. Y.. March 22. There was a
lively debate in the state senate today,
when the Insurance committee's bill de
signed to postpone the annual elections-of
all mutual life Insurance companies until
November 15, was advanced to third read
In. The effect of the bill, if passed, "will be
to Invalidate all existing proxies, Including
those obtained by Thomus W. Lawson. and
all proxies obtained before September 15
Will you Kelp with the
ivew Y. W. C. A. building?
Are you satisfied with what you
have done for the building fund?
When the yom lady calls for your
donation ive her a ood one.
Also giv her your prepaid ub
scription to The Bee for a year.
A payment of $5.20 means $1.30 for
the Y. W. C. A. Building fund.
If all our subscribers will prepay
their subscriptiert one year the per
cent for the Y. W. C. A. WILL
AMOUNT TO OVER. $15,000.
The Omaha Bee Offer:
We will give toward the Y. W. C. A. building fund 25 per cent ot
all cash In the sum 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 $1.00 or more from our
old subscribers. No payment will be accepted as prepayment until all
arrearages have been paid to date.
A $6.00 payment on a. new subscription
yields $1.50 to the Y. W. C A. fund.
Nebraskans Pay Tribute to Dead Leader in
Peace and War.
All Plana Completed for Fnneral
Today. When Military Honors
Will Re tilt en with Civic
(From a Staff Correspondent.)
LINCOLN. March 22 (Speclal.'-Nebraska
today is paying a tribute to the memory of
General John M. Thnyer. The body of the
beloved soldier-statesman lies In state in
representative hall, where it was phveed at
11 o'clock this morning, and all day a
throng of citlsens from Lincoln and else
where has been passing by the casket and
looking for a last time upon the familiar
features of the dead general. In the office
of the adjutant general and In the office of
the adjutant general of the Grand Army of
the Republic have been gathered all day
old comrades of (he dead soldier. They,
are living over the stirring times when
they were led to victory by the one who
lies in "16 death chamber above.
As soon as the body reached the state
house and was placed in the hall, the su
preme court took a recess and In a bodv
Chief Justice Sedgwick, Judge Barnes and
Judge Letton marched Into the death cham
ber and paid their respects to a great man.
This was tho signal for all state offices to
close, and all state business will be sus
pended until tomorrow after the funeral
and burial.
Where the I'nsket Rests.
Representative hall has been fittingly dec
orated as a temporary resting place fer tho
dead soldier. Across tho end of the room,
forming a background. Is suspended a gre'At
American flag. The speaker's station and
the tailing around It is covered with flags
entwined with which arc broad strips of
mourning. The casket, reposing upon a
flag-covered funeral car, is directly In front
of the speaker's station. The casket is of
broadcloth with gold and ebony trimmings,
and across the top Is a silver plate bearing
the Inscription:
January 21, 1820. March 19, liXni. j
Directly in the rear of the casket are the
battle flags of the old First regiment, tat
tered and torn, silent witnesses to many a
magnificent charge. At the head and foot
of the casket are stacked arms, while
across It Is the broken sword of the grand
old Boldler.
The body Is dressed in black, a favorite
dress of the veteran general, and across
the left arm is entwined the flag, while In
the lapel of the cost is the beloved Orand
Army of the Republic button.
Short Funeral ervlce.
Previous to bringing the body to the
Itate housa a very brief aeinc und prayer
service was hclel at the home of Mr. and
Mr. Thomas 11. McCaslin,. with whom
General Thayer made hi home. The prayer
was by UteV.Tsrrr Jrmes erf -Bt: Trtur" chttrch.'
Then u detachment frOm the Grand Army
of the Republic, Farragut post, took charge
of the remains and brought them to repre
sentative hall.
Pathetic, Indeed, was the spectacle when
the old soldiers reached the state house
with their fallen leader. Broken in health
and weak from long and honorable service,
the old comrades toiled up the steps with
their burden, now and then an old soldier
making way for one who was less fatigued.
Each was there to do a lust honor to a be
loved chief, one who many times had lead
them on the field of battle.
Besides Governor Mickey and Adjutant
General Culver the honorary escort detailed
to accompany the bexly from the home to
the state house, under the command of
Commander Lett, was composed of H. W.
Martin, chairman; W. M. Gilford, C. W.
Walthers. J. N. Beuhner. Charles Haney,
Addison Walt, F. A. Truel, J. H. Luke, W.
J. Blystone, Samuel Easton and L. M.
This detail remained on guard In repre
sentative hall until 1 o'clock, when It wa
relieved by a detail from the ambulance
(Continued on Second Page.)
RaJ Western Portion Frldny.
sstsrssr Fair.
Temperature at Omahn leaterdayi
Honr. Dri.
5 a. tot 1ft
a. m 1.1
T n. tn IK
Ha. m in
a. m g
lO a. m IT
It a. m SO
IJ m IfJ
. ....
, . . . . XI
. . . . . V
1 p. in.
a P. m.
ft p.
4 p. m gr
it p. m ..... . 8
A p. m 8.1
t p. m an
a p. m ..... . an
9 p. tn at
Flirts with Married Man on
Train nnd Wife tiets n
, Dtrorce.
CHICAGO. March 22 (Special TelegTam.)
A flirtation on a railroad train between
Vernon J. Barlow, a lawyer and promoter,
and a young woman passenger won a de
cree of dlve.ree for Mrs. Perdlta Pence Bar
low, 4047 Ellis avenue, today. The decree
was granted by Judge Walker. The com
plainant, who Is the daughter of Dr. Allen
Pence, Terre Haute, Ind., said:
"We were returning to Chicago from Mex
ico and were in a Pullmsn car. I observed
Vernon casting glances at a young woman
at the other end of the car. who was ac
companied by her mother and sister. Bhe
is Miss M. A. Putnam of Lincoln, Neb.
"Finally my husband asked me te offer
the young woman a book. I did so, and she
accepted it.
"After we had all gone to bed I heard
something fall one of the berths. 1
saw Miss Putnam had dropped the book
which I had loaned to her.
"I got up to get it, but my husband was
too quick for me. He quickly tore out a
page upon which a note had been written
and attempted to swallow the paper. I
finally got the note and here It Is."
The communication apparently was writ
ten by Barlow to his nllegcd admirer and
Put on your kimono and meet me on the
front sent In the next car. Want to talk to
you. They 61 Ji-5i-8i-2l). 1's lM-3o-4:,-r.'(-U'0.
A. M. PI 'TN AM,
Tel. Be ll lit 501 South Twelfth Street.
The witness said she then returned to her
berth, but later heard her husband get up.
"I heard Vernon get up very quietly," she
resumed, "so I again arose from my berth,
after I was sure the young woman across
the alsh' was preparing to arise. I fol
lowed and found them In the rear of the
Man aentenred for Fourth Time Ei.
eieteel After Manr Attempts
to Escape.
NEWARK. N. J.. March 22. Gulsscppe
Marmo, an Italian, was hanged here today
for the murder of his brother-in-law,
Nuocio Marinana. The murder followed a
violent qunrrel between the two men. The
straggle which Marmo had made to save
himself from the gallows since he killed
his brother-in-law and dangerously wounded
his sister nearly two years ago was a must
remarkable one. Not only did lie exhaust
all the inethoels known to law. but' on. at
least two occasions he mnde sensational
attempts to escape from confinement. One
of these attempts was made In the court
room after he had been sentenced to Oeath
for the third time. After denouncing the
Judge and the Jury which tried htm, declar
ing that he had not tjecn treated fairly, and
that many of his countrymen who had com
mitted murder in this country had rseaped
the gallows, he suddenly drew an iron bar
from the leg of his trousers and made a
break for freedom. Ho was overpowered
after one court officer had been severely
Injured. Ten minutes later, while, being
removed to the Jail he mnde another break
and was overpowered only after another
officer had been severely hurt. Since that
tlmo he has constantly been guarded and
has been allowed only a mattress In his
cell. Even after that he succeeded In
getting another reprieve, but was unsuc
cessful In getting the verdict set aside. He
was sentenced to death for the fourth tlmo
on the third day of this month. A last
effort to save the condemned man was made
when liia counsel applied tn the United
States supreme rsourt for a writ of habeas
corpus. The application was denied by the
court yesterday. In all of his efforts to
gain his freedom by means of the Isw,
Marmo had the support, both moral and
financial, of a large number of the Italian
residents of the community In which he had
Frank Z. Wlleoa Will Hold Place la
Order Intll Case Is De
termined. SYRACI'SE, N. Y., March 22. Frank Z.
Wilcox, who is one of the leader of the
opposition to the inrreased rates ot th
Royal Arcanum, and who was recently ex
pelled by Supreme Regent Howard C. Wig
gins of Rome, on findings of a committee
of the supreme council after trial, has se
cured from Justice Watson M. Rogers
here an Injunction, the effect of which Is
to give him all privileges of membership
In the order, pending the final determina
tion of a suit brought by him against the
supreme council for reinstatement.
The Injunction forbids the publication of
the proceedings before the trial commit
tee, which were to have been published
In the April Bulletin, the organ of tho
Colorado Telegraph Operator Will He
tarn from Kenturky to
Testify In Case.
DENVER, March 2i-Frank Lively, the
Denver Rio Grande operator whose
failure to deliver a train order last Friday
morning was the cause of the disastrous
collision at Adobe, arrived at his home at
Munfordville, Ky., last evening, according
to a dispatch received here today from
Lively Is reported to have expressed
willingness to return to this state and tell
all he knows concerning the cause of the
accident. Sheriff Esser of Fremont county
will take step at one to secure Lively'
attendance at the Inquest when the coro
ner's Jury reassemble next Monday.
Nathalie Merrtam Selected a On of
Sonhoaaorea to Carry Daisy
POl'GHKEEPeiE. N. Y., March 22. (Spe
cial Telegram.) Nathalie Merrlam of
Omaha I on of five western girl named
among the twenty Vassar sophomore to
carry the daisy chain In June. High scholar
ship an1 personal beauty are attribute
requisite lor U appointment.
.-j n . -
- wrmnwr m r.M.irrR. snow or I
Massachusetts Senator Kfplies to Mr.
Proutj'i Speech in Boston.
Says Inference that Railroads Control
Bench is Infamous.
Takes Petition that ConeTesi Cannot Chants
Powers of Inferior Courts.
Foraker Objeeta to Reverldge-a Motto
to Appoint Committee, Alleging; '
He Doe Sot Represent
Senate' Position. a
WASHINGTON. March 2l.-Th rallroat
rate hill oci-upled practically all of the time
of the senate todoy. There were two
speeches, one by Mr. Lodge and the other
by Mr. Spoemer.
Mr. Lodge In advocacy of hi
amendme nt looking to the enlargement of
the Interstate Commerce commission, and
In doing so replied sharply to seme utter
ances by Commissioner Prouty. Referring:
to an Interview by the commission Mr.
Lodge spoke first of an utteranoe by Eu
gene Debs and then said that it was not
capable of doing so much harm as Mr.
Prouty's statement. He outlined New Eng
land's attitude toward the rate bill and
said that with the mileage system estab
lished all the manufactories In New Eng
land states would be destroyed.
Mr. Spoohei devoted his attention to the
constitutional powers of the Inferior courts,
contending that those courts could not be
destroyed neir their Jurisdiction taken from
them. Hee engaged in controversy with Mr.
Rayner over the power of congress to de
prive the courts of the privilege of sus
pending the findings of tho Interstate Com
merce commission and the discussion closed
with the usual exchange of courtesies be
tween Mr. Spooner and Mr. Tillman.
During the day Mr. Beverldge, as chair
man of the committee on territories, asked
for the appointment of conferees to meet
the appointed by the house on
the statehood bill. Mr. Foraker promptly
objected to the selection of the senate rep
resentatives on the suggestion of the chair
man of the committee, saying that that
gentleman did not represent the sentiment
of the senate.
The disposition of the subject waa post
poned until tomorrow.
When the senate met today the Joint resolution-
extending from June It to August
15, 106, the time for opening to entry the
ceded pertlon of the Shoshone or Wind
River reservation in Wyoming was passed.
Rate Hill Taken I p.
The railroad rate bill was then taken up
and Mr. Lodge addressed the senate, lit ,-'
support of Ul ajnendmeat providing for
the displacement of 'the ' preaht 'Interstate
Commerce commission by onu of. a larger
number ot commissioners and with longer
terms of office and better ply. Ha said
that the object of the provision wa to
strengthen the commission, so as to Insure
for it the support and respect of the pub
lic. "There eem," he said, "to be a
tacit understanding that If the rate ques
tion is referred to tho Interstate Commerce
commission all will be well. Wo go on the
theory that a king can do no wrong."
It wa his purpose, ho said, to show that
was not necessarily the case. He then out
lined the vast Interests that would be en
trusted to the commission and read a cane
fully prepared statement relative to rate,
as indicative of the vast magnitude of the
entire subject.
Mr. Lodgo referred disapprovingly to the
decision pf the present commission to enter
upon a campaign, together with commercial
beedles, to secure the amendment of the ex
isting laws.
"Will the senator point out how this pro
ceeding differs fremi the course of other
executive officials In their effort to secure
changes in the law?" asked Mr. rinlliw..-
j and Mr. Lodge replied that the Iowa sena
tor was "prompt In defending what hod
not been attacked." i
He added that his purpose had been to
point to this service as one of tha com
mission's multifarious duties.
Mr. Foraker expressed the opinion that
tho course had been reprehensible, and
j Mr. Tillman suggested thut In view of the
I supreme court decisions the "commission
naa tounei it necessary to nustle about to
get the law changed."
' Mr. Lndge made 'reply to a speech made
In Boston by Commissioner Prouty in which
the latter had expressed the opinion that
the New England senators were pursuing
a mistaken course In the question of rte
regulation, contending that the eastern
states would be better off with railroad
regulations like those .of Iowa, He then
proceeded to show the dissimilarity between
the conditions in the two localities aud
contended that it would be utterly Imprac
ticable to apply the same conditions in
railroad management.
town and Massachusetts.
Mr. Ix.rtge called attention to the fact
that the population of Massachusetts hd
Increased, while In Iowa it had retrograded.
Mr. Newlands inquired if the tariff had
not built up industries In New England. '
Mr. Ixdge said he would not enter upon
a tariff discussion) that ha was endeavor
ing to answer Mr. Prouty's speech at
Boston wherein he said New England war
suffering from unreasonable rates.
Mr. Lodge dwelt upoii the power 'of the
commission to help or injure any section
of the country. He referred especially to
rate fixed on a mileage basis, saying that
under such a system "every manufacturing
Industry' In the state would be destroyed."
He admitted, however, there waa nd such
a proposition in the pending bill, that hlr
purpose in mentioning It wa to show the
enormous possibilities of such a system.
Mr. Lodge denied the charge that a half
dozen men in New York make the railroad
rates for the country. He said that in
Massachusetts alone 2!el.WiO,iO of railroad
securities were held and no less than
tl&2,O0O,ufiO of the money held In saving
bank wa thu Invested.
With Its varied Interests, he said, New
England desired railroad legislation, but
desired also that it should be oarefully
He referred to current criticism of the
courts and said that body would continue
to perform Us duties regardless of them.
He pleaded for fair treatment of them,
saying that "no greater harm could be
done than to breed distrust of the courts."
He uuoti'd an interview with Eugene V.
Iehs concerning the arrest of the officers
of the Western Federation of Miners in
connection with the recent murder ot Gov
ernor Steunenberg of Idaho.' Debs'
twodyt said iU. UH M UvU sx( be