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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 10, 1906)
1 Bee Phones kuKs: Itnslnc Doug la 2.1S Circulation .... Don gin 807 Editorial lHitKlan20l Advertise In THE OMAHA DEE Best Jr. West ESTABLISHED JUNK 10, 1871. OMAHA, TUESDAY MORXINfl,. APRIL 10, 1906-TEX PANES. SINGLE COPY, THREE CENTS. The Omaha Daily Bee. 3 4' NEW PLAN DRAFTED Anthracite Operatoit Will Present Counter Proposition to Miners Today. ARBITRATION ALONG OTHER LINES Scheme Will Cover Several Years and Ap ply to New Grievances Only. MAY ASK ROOSEVELT TO INTERVENE Rumor That Operators Will Bequest Presi ' dent to Appoint Commission. WORK GENERALLY RESUMED AT PITTSBURG All the Operators In That District Have flamed the Scale Joint (oitfuIIoi In Ohio la NEW YORK, April 9 At the Joint coiv ferenre of the Sub-committees of the an' thracite col mine owners and their em ployes to be hold here tomorrow the opera tor jwill decline to accept the arbitration plan aa presented last week by the mine workers and will In its stead present a counter proportion, which If agreed to by President Mitchell and his men, will bind each aide for more than two years. The operators nave been working- on the new plnn ever since the udjourmnent of the Joint conference of last Thursday and the Inability of the presidents of the hard coal carrying railroads to complete minor do tall caused a postponement of twenty-four hours of the conference scheduled for to day. It Is said that the offer to be made Involves an arbitration plan, one thut will call for the seUhmcnt of only new grlev ances that after an Impartial Investiga tion may be found to exist. The operators still maintain the position that the miners ' In their demands have not called aiten Hon to anything- that has not already been passed upon by the anthracite coal com nilHslon. A May Ask for Commission. There Is a strong Impression among the miners' committee that the operators will propose that President Roosevelt be re quested to appoint a strike commission to end the strike controversy. They decline, however, to Indicate how they would re ceive the suggestion. The 1 operators' representatives were In close conference most of the day and promise that unless something unforeseen should occur, they will be ready with their answer to the miners' arbitration plan to morrow. President Mitchell announced this eve ning that the last of the bituminous oper ators In the Pittsburg district who had held out Rgulnst the 1903 wage agreement, signed the scale today. This action, he said, clears up the western Pennsylvania territory and means that 40.ou9 men In that territory who produce from ".".ocu.ii'O to 40,. 000.00 tons of soft coal year, will it- , c.eive ,un Incrrnjo of ffi.S per vnt In, ware Mist Mlnrm Art- N'lr PHILADELPHIA. April :i.-R. port re celved today from the. nntlirucltv co:;l re gions state that the bigliinlntr of the second week of the suspension of i nul inln Ing shows practically the. same conditions i Chester Clifford has been appolned post as existed one week ago. All of the mine i niuster at Farrnr, Polk county, Iowa, ylce In the lower and middle district are idle G. W. Woodward, resigned, while In the Lackawanna and AVyoming rtelds a few hundred men have returned to MEW SUIT AGAINST M'CURDYS V Ul . Mine workers throughout the anthracite region express the belief that the action of tho operators requesting a postpone ment of the New York conference until to morrow Is an Indication thut while Presi dent Mitchell's arbitration plan muy not be accepted as presented, the operators themselves will have a proposition that will open the way for an amicable set tlement of existing differences. There seems to be lit tin hoo in the coal fields, however, that the negotiations will result In an Immediate tcrminiillon of the sus pension of vmloing. Should the operators present a counter proposition at tomor row's meeting It Is regarded as certain thst President Mitchell will ask for an other adjournment In order to enable him o discuss Its terms with the miners' com mittee and to frame an answer to the operators. The. developments today In New York have created a more hopeful feeling among the Idle miners. Meeting Called for Wheeling:. WHEELING, W. Va.. April .-A call was Issued today by tho mine workers' union for a convention In this city next Thursday of delegates representing vein mines lu eastern Ohio and West Virginia to consider plans for a settlement of the strike. Prosccts seem bright for adjust ment -of 1he district. Twenty thousand miners are affected. COLUMBUS. .O.. April 9 -The first sub district Ohio miners and Ohio oM-rators Ih convention today discussed the Wage scale .for the Hocking Valley field, the basing point for the scale In the entire competitive bituminous field. Conditions In Kaasas. PITTSBURG, Kan.. April 9. A conven tion of miners, members in this district of the United Mine Workers' Association of America, called to consider the strike sit uation, conveiv H today with 130 delegates piesent. The first thing accomplished was the adoption of resolutions strongly con demning the action of the Italian miners who on Saturday forced union men from the mine of the I .a Belle Coal company, which hud signed the scale. The mine workers promlned protection to all miners whose employers have Kigned I lie scale If they desire to return to work. The I-tt Belle mluu resumed operutlons today with no show of trouble. JUDGE LEWIS SJJCCEEDS HALLET Federal lleacu lu Colorado Is Vacant Only Ia.uk Unouah to auie ' Jurist, t WASHINGTON. April 9 .-Judge .Moses Hall, t of the United States dlKtrl.-t court of Colorado lias tendered his resignation to the president and It has been accepted. After a spirited contest, conducted principally be ore Judge llallet a resignation was re ceived, but with a knowledge that It wai coming, the president has appointed Robert E. Lewis, formerly a Judge of the El Paso county court, Colorado, to succeed Jude Hallet. Several members of the Colorado congreeslonal delegation discussed the ap pointment With the president today. The representatives were inclined to favor the appointment of Associate Justice Campbell of the Colorado supreme court, but Sena tois Teller and Patterson did not support Campbell. It finally wss decided today after Stnatur Patterson and Representative Brocks, Representative Bonynge and Rep-reiu-Dtatlv Hogg had talked to the presi dent that Lewis should be nominated ELK CITY KEEPS POSTOFFICE Department Considers Wlshe of the Patrons aa Kapressed la Tetltlon. (From a Staff Correspondent ) WASHINGTON. April 9. (Special. )- Representative Kennedy had a cenference today with First Assistant Postmaster General Hitchcock about the Klk City post- office with the result that It will be con tinued. Mr. Kennedy urged Ita, retention on the ground that It was one of the oldest postofflces In Nebraska, that the people served from It had all protested against the proposed change and their wishes ought to be considered. The theory of the department was that the patrons of the office could be served from rural routes. The outcome will be highly satisfactory to those who favor the present arrange ment. The senate today passed Senator Bur kett's bill to pay $50 to Jolun M. Burks of Lincoln for a fine unlawfully collected from him In the federal court, growing out of the trial of a police Judge of Lincoln some twenty years ago. Senatcir Klttredge today secured th sage of a bill, which passed the i April 4, providing that all final proo homestead lands In the Chamberlain 5 district, South Dakota, made -before a ( or clerk of the court of Stanley counl any United States court commissions Fort Pierre. S. D., prior to the passag this act, shall be accepted and pate the sam as If such proofs were in within the said Chnmborlaia office. ' Senator R. J. Gamble is expected arrive In Yankton tomorrow morning. , goen west to look after his fences. '." Upon motion nf Congressman Kennedy Frank M. Hull of Lincoln was today ad mitted to practice, before the supreme court. Mr. Hall Is In Washington to ap pear In the case of John W. McDonald, receiver of the First National hank of Orleans, Neb., nppellant. versus Chnuneey Dewey and Charles T. Klllen. executors of the last will and testament of Charles P. Dewey, appellees. The will Is on call for this week and may be reached tomor row. The supreme court today denied the pe tition for a writ of certiorari requiring- the United StKtes circuit court of appeals for the Klghth circuit to certify to the su preme court for its review and determina tion the suit of Jjines P.. Plait, plaintiff, against Hitchcock county. Nebraska, de fendant in error. c. C. Flunsbiug of Lincoln today sub mitted a petition for a writ of certiorari In the case of Charles E. Cooper, trustee, petitioner, against Martin Hums. Mary Bums, Blake Maher, Mrs. Blake Maher, his wife; C. C. Mueller and Mrs. C. C. Muel ler, respondents. The case grows out of the effort to foreclose a mortgage on the part of the respondents given to the Globe Investment' company of Boston. Upon the recommendation of Congress man Blrdsnll, the. commissioner of pen sions has established a board of pension examining surgeons at Eldora, la. Dr. E. O. Iloeneman, N. C. Morse and W. E. Wrhlt ncy we're appointed members of the board. Charles J. Bauer has been appointed regular and J. J. Bauer substitute rural ojrrkr for route 5 at Sutton, Nob. Iowa rural routes ordered established May lii: Humboldt. . Humboldt county, route 4 and 5; population. 720; houses, 14X. lucerne, Kossuth county, route 2; popula tion, a: houses. 92. Kenwlck, Humboldt county, route 2; population, 4C0; houses, 80. Father and Mon Accused of Consplr. In or to Defraud Mutual Life of large Soots. NEW YORK, April $. Charges ofj con spiracy in the appointment of Roliert H. McCurdy as superintendent of the foreign department of the Mutual Life Insurance company were inado In a new action brought by that company today against Richard A. McCurdy. formerly president of the company, and bis son, Robert. The complaint alleges that the two MeCiirdys conspired to enrich Robert H. McCurdy by maintaining his compensation on a commission basis at an exorbitant rate. The suit is to recover from the defendants ll.TOiMl. It Is alleged in the complaint that Rob ert H. McCurdy's profits derived from his Interests In the firm of C. IL Raymond A Co., metropolitan agents for the Mutual Life Insurance company, amounted to $3tf,ono In the ten years prior to 18S3. After he was nude superintendent of the foreign department In lxaj It Is asserted he continued his connection with Raymond & Co., but that It was his duty to devote his entire time and energy to his new otTlce. It Is charged that Richard A. McCurdy conspired with bis son to place the commis sions derived by Rubert on sue!, a basis as to prevent their reduction when the business increased and the allegation Is made that the defendants knew the com missions were . exorbitant, but concealed the facts from the board of trustees. Ac cording to complaint Robert II. McCurdy received In commission between 1W and 1906 the sum of $l,18?,iJ. A Just compensation for his services whllu superintendent of the foreign depart ment Is declnred In the complaint to be $10,M) a year prior to 18a, $15,000 a year up to VMC. and $:-0,ti00 a year thereafter until he resigned. NO LIMIT TOJJSE OF FRANKS Court Holds That Congressmen Can Send Any Printed Matter Throutrh Malls Free. j SALT LAKE CITY, April 9 Thot theri is no law limiting or prescribing the char acter of printed mutter which a congress man may authorize to be sent through the mails under his official frank Is the gist ot a decision rendered here today by Judge John A. Martdmll ut the United States dis trict court. L. R. Anderson, chairman of the rrpubllrun committee of San Pedro county, Utub, was Indicted for alleged Il legal use of the frank of Congressman James A. Tawney of Minnesota. Anderson used the congressional frank for distribut ing in Utah political matter in no way re lating to the proceedings of congress. Among this matter wss a speech by lresl dent Roosevelt on Irrigation. In ordering the dismissal of the charge against Ander son Judge Marshall declared that there was no law limiting the character of such mat ter which a congressman might Authorise to be sent out. Hs expressed lb opinion, however, that congress waa remiss In not definitely fixing within reasonable limits i the character of matter that congressmen may put Into the malls. ' (all Moaey Hooailaar. NEW YORK. April 9 Call money loaned at ! per cml shortly after the slock mar ket today. MORGAN ON RATE MEASURE Alabama 8enator Says Pending Bill Inter feres With State Bights. MR. M'LAURIN STATES HIS POSITION Mississippi Senator Will Support the Bill and Favors Coort Review and the Bailey Amendments. WASHINGTON, April 9-Mr. McLaurln and Mr. Morgan addressed the senate today on the railroad rate question, the former advocating legislation and the latter op posing. The Mississippi senator announced his intention to support an amendment pro viding for a court review of the decisions of the Interstate Commerce commission and also stated his adherence to the Bailey amendment prohibiting the temporary sus pension of the commission's orders by the Inferior courts. He criticised what he char acterised as an effort to Inject politics Into the consideration of the bill. '; Mr. Morgan took the position that the proposed legislation was an interference Kith the rights of the states to control the Corporations created by themselves and aald bat the best way to check exorbitant rail ad rates was to keep the waterways In Vh condition as to Insure competition. Vhe following bills were passed: Ka act to prove certain final proofs In i Chamberlain land district. South Da a. bill creating the Mesu Verde National HONOR FOR TIIR SOLDIER HEAD MM- Commander-in-Chief of C. A. R. In sues Memorial Day Address . WASHINGTON, April 9. Commander-in-Chief Tanner of the Grand Army of the Re public today Issued his annual address to all Grand Army of the Republic posts re garding the exercises to be conducted on May 30, Memorial day, to commemorate the memory of the federal soldier dead. In gen eral order No. 7 on this subject he says; On the eve of my departure to the South ern, Western and Pacific Coast departments 1 um reminded of the early approach of the day sacred to all comrades of the Grand Army, of t lie Republic. We have been observing this day ever since our beloved lxgan instituted It in 1M3. This vear, inv comrades, we are cross ing thu. Broad River at the rale of 5.0UO a month, OO.OOO a yeur: soon the great ma jority will be sleeping their lust sleep, und It is your privilege now, as it has been for mo ninnv veiirH. In nuv lovillir tributes to their memory by decorating their graves with flowers. I am performing my solemn duty wlien I , auk all to asHist in this loving service, l pon deimrtmcnt and post commanders the duty rests of attending to the fitting observance of Memorial day. Welcome all auxiliary and allied organizations, encourage school chlldren to attend and assist and secure sneakers who. In clear and eloquent lan gauge;- will teach the lessons of patriotism for which our comrades "gave the last full measure of devotion." Thirty years ago when I was department commander of New York, in a Memorial day order I then Issued. 1 su'fsted to the comrades of New Y'ork that wbif-sever, from Montauk Point to Buffalo, any confederate solidier had found sepulcher among us. I trusted that when we went out to laurel the graves of our union dead that our common American manhood would prevent us pass ing bv the graves of our former opponents without dropping thereon some floral re membrance. "Not." 1 said, "In honor of their cause, for that we oppo-ed. fought and conquered, but because we who met them on the field of battle know that braver men or better soldiers have not been known since men were first .marshaled in battle array." We were then scarce a dozen years away from Appomattox, but the suggestion seemed to meet with very general ap proval. To the order at large 1 now con fidently make the same suggestion. We have returned tno battle standards of the dead confederacy to those wjio treas ure them as sacred mementoes of the loved ones who died under them. The congress of the United states lias just unanimously voted ' $2i0.000 to care for the graves of those dead and the heart of the nation ha said with great unanimity, "It Is well." Unitedly we march along the highway of nations, the world applauding, our con science approving. If mothers still sit like Rachel of old, weeping for their children and refusing to be comforted because they are not. led the news go down to them that on our most acred day we feel It a privilege to stand In the place of their far distant kinsmen and lovinglv mark their lust resting places with God s sweet emPlem o( peace nowers. The old flag has been rebaptlzcd slrtre 1K6S with the blood of the north and the south alike, and the ship of state is se curely anchored for all time. The order closes with a quotation of Lincoln's address at Gettysburg, which It Is directed shall bo read at all Memorial day exercises. OPF.M1G DOORS OF MCHl RIA Japan Informs Powers That Consols Mar Soon Proceed to Posts, WASHINGTON. April 9. The following statement was given out at the Japanese legation today: Owing to the fact that the withdrawal nl tl,. lmnni from MauchuriM. not liuvtnir sufficiently progressed, the Japanese gov- eminent hitherto has neither permitted citizens and vessels of foreign countries to enter the ports and regions of Munch urla nor allowed foreign consuls to proceed to their posts therein. Considerable progreits, however, having now been made In this respect, the Japanese government has de cided. In accordance with the principles of ojK-n door and equal opportunity ever ad voraled by them, to permit citizens and vessels of foreign countries to enter, from May 1, An Tung Hslen and Ta Tung Kao, and allow foreign consuls to proceed U their posts st An Tung Hslen. From June 1 foreign consuls shall he allowed to pro ceed to their posts at Mukden and travel ing of foreigners in the interior of Man churia will le permitted so far as military exigencies do not prevent It. It has fur ther been decided that the Japanese gov ernment will open Darien (Ta Lien Wan) to the commerce of the world In as near fu ture as possible Judging fmm the present condition of the interior of Manchuria It Is Impossible for ttie Japanese authorities to afford such foreign travelers adequate protection and facilities in housing and other matters. Those, therefore, who enter the Interior of Manchuria do so entirely at their own risk and 1 1 10 Japanese government does not hold Itself responsible for any injury or damage which they may suffer from ban dits or other marauders. DISTRICT D1V IX THE HOI SB t t Bills Passed' Rraralatlnar Schools aad Employment of Child Lubor. WASHINGTON, April 9 This waa dis trict day in the house and that body re solved Itself Into a common council for the purpose of making District of Colum bla laws. Bills were passed requiring non resident pupils to pay tuition and regulat lug the employment of child labor. Mr. Hepburn (la.), replying to a long speech of Mr. Slmms of Tcnnemee In which he advocated self -government for the peo ple of the District of Columbia, made a de fense of the form of the government, but criticised its administration. Ha did not think two newspaper men and one army officer, who constitute the Board of Com missioners, the proper personnel for such a government. While be admitted the ora torical powers of newspaper men on lbs board, he thought It would be better for them to Improve the city streets than make speeches. The urgent dedcieucy bill wss sent to conference In the house today, the hou&e conferees being Mttsrs. Littuuer, Tawney and Livingston. PENSIONS FOR PROFESSORS Trustees of Carnegie foundation Ontllne Conditions I nder Which Fond Will Re Distributed. NEW YORK, April hr trustees of th Carnegie foundation, who are charged with administering ino $lo,ooo.oa0 gift of Andrew Carnegie to provide pensions for profesaors and teachers of Institutions of higher learnjng In the United States and Canada, met here ioduy and adopted a scale of pensions p'actlcally as outlined In the federal charter of the foundation which wus formally adopted at the meeting-. ' The Income from te fund will be about $300,000 a year, and there are on flic at the present time M0 applications from pro fessors. These and such others as will come In will be acted upon by the execu tive committee a.id It Is expected that the pension system will bo In actual operation by June. Besides adopting a scale of re tiring allowances, the conference defined what a college is, taking the definition of the. state of New York as the basis. and described the requirements as to non sectarianism. No list of the Institutions that will come under the rules was made. The rules as adopted by the trustees make the following provisions: Any person 65 years of age and not less than llfteen years of service as a pro fessor, who is at the time of his retire ment a professor In en accepted institu tion, shall be entitled to hn annual retire ment allowance, as follows: For active pav of $1 . or less an allow ance of $1,000 shall ! grunted, providing that no retiring allowance shall exceed V per cent of active pay. For active pav greater than $1,600 the re tiring allowance shall equal $1,000. In creased by $00 for each $imi in excess of ti am No retiring allowance chall exceed $3,000. After twenty-live yens' service, regard less of nge. the retiring allowance was fixed as rollows: . , For active pav of $1.8W or less a retiring allowance of $WK shall be granted provid ing thut no retiring allowance shall exceed SO per cent of active pay. For active pav greater than $1,000 the retiring allowance shall equal $Kt. in creased by $4" for each $1) of active pay In excess of $1,000. ' No person under the age of or who has si rved less than twenty-live years, shall be entitled to u retiring allowance, but the trustees may at their discretion fay any person otherwise eligible who haa eeom incapable of discharging duties by permanent injury of mind or body, an al lowance not exceeding that which he would bo entitled to when he reached the age of 63. The definition of the character Of the Institutions Unit -will be allowed to com under the rules Is as follows: An inxtitutWin to be ranked as a college must have at least six professors, giving their entire time to collie and university work; a course of four lull, years in the liberal arts and science, aim snmiio re oulre for admission not less than the tiHual four years of academic or high school preparation or Its equivalent in uuumini to pre.acudemlc or sehool.studles. A tech .ioi ...i...ni tn ho ellKiti4c must have en- trance requirements nulvnlent to those of a college in iKiint ot wnnui p"-i''"" and must offer courses In pare und up piled science. Sectarianism Is described as follows: Anv school whose charter, constitution or b'vlaws require teachers, students or trustees to be of a certain religious body or where strletlv denominational tenets or doctrines are taught snail be deemed secre tarlan. , The application of thl various Institu tions for admKvtlon. toil t41oinH. l'"t will be considered by the execntive committee, which will have supervision of the details pending a future meeting of the entire board of trustees. SMUGGLING FROM BATTLESHIP Charlie that the Crew of the Oregon Landed f7(W,OtM Worth of Dutlanle .oois. SAN FRANCISCO, April . The Evenlug Post publishes a story today to the effect thatl a strong belief that dutiable goods valued at about $750,000 were smuggled ashore In launches from the battleship Ore gon Just before It departed for the Bremer ton navy yards. It nays that an order has been issued instructins the Inspectors at Bremerton to delay every man of the bat tleship until the whole matter has been sifted to the bottom and the customs au thorities throughout the country have been notified to find and examine the question able packages if possible. Tho battleship was scheduled to get away for Bremerton on Saturday morning, but was delayed on account of not receiving sailing orders. "At noon, however," sa.xs the Post, "a telegram was received from the Navy department stating that officers and men must have their baggage In readiness for Inspection by the customs officers when the Oregon reaches Bremerton. This no tice was posted In the mess room and the news flashed over the ship like lightning. It was then, according to those who watched the whole scene, that the goods wore hurried ashore." The Post then says the record of W ells I Fargo & Co. show that they gave receipts on 1.890 packages taken from the Oregon The Santa Fe railway gave shipping puis for 1.600 trunks and cases, many of which weighed soveral hundred pounds. ECHO OF FAMOUS BRIGGS CASE Friendly Relations Betweea Union Seminary aad Kcw York Presby tery Is ne-Kstabllsued. NEW YORK. April 9.-At a rneeting of ft New York presbytery today action was taken In regard to the Union Theological seminary with which ths presbytery has not bef n In accord since the famous Brlggs case, when Dr.,Brlggs was accused of hertsy. Since that- time theological stu dents have been discouraged from attend ing the seminary, thus making the relations between the seminary and the presbytery much strained. Recently a committee was appointed to adjust matters and to bring about more amicable arrangements, with a result that what is termed the "presbytery modus Vi vendi" was prepared which gives assur ances that the ' Union seminary is for Presbyterian students In the Instruction and standard of discipline. The barrier has thus been torn down. It has been decided not to unite with Cleveland in an overture to consolidate the j bourds of the churches. MOTION IN SENATORS CASE Colorado Asks That Patterson's Ap peal Be Denied Or State JadsT meat AlBrmed. WASHINGTON, April 9. In the case of United States Senator Thomas IS. Pattarson of Colorado a motion was filed today In the supreme court of the United States on behalf of the people of Colorado for the diemlssal or the ease or the affirmation ot the verdict of the supreme court of that state. Mr. Patterson Is under sentence to pay a One of $l.ou0 on the charge of contempt of the state supreme court. Ths motion was taken under advlssmenu IMMUNITY PLEAS NOT GOOD Railways and Shippers Indicted at Kansas City Must Stand Trial. GOVERNMENT'S DEMURRER IS SUSTAINED Case Affects Alton and MilwaoUee Railways, Several Packing; Com panies and dumber of Individuals. KANSAS CITY1, April 9. Judgo Smith McPherson In the federal court here today sustained United States District Attorney A. 8. Van V'alkenburgh In his demurrer to the Immunity pleas filed by the Chicago & Alton railway as a corporation and of J. N. Falthorn and F. A. Wann, cx-ofllcials of the road, as Individuals; of George 11. Crosby, general freight and traffic manager of the Chicago, Burlington & Qulney rail way, and of George L. Thomas and L. D. Tnggart, freight brokers, all those seeking Immunity having been Indicted by the fed eral grand Jury several months sgo on tho charge of Illegally giving or receiving rail road rebates. Judge McPherson set the case for May 22 for trial. Before rendering his decision Judge Mc Pherson had received a report of the de cision of Judge K. M. Landls In the fed eral court In Chicago today, who sus tained the government's demurrer to a plea of Immunity In a similar proceeding, and Judge McPherson allowed the decision of Judge Landls to guide him In his decision. Pleaa of Defendants. Various motions, pleas and orders grow' ing out of the Indictment last December of five local packing houses, three railroads and a number of Individuals, charged with I giving or conspiring to secure rebates in violation of the Elklns anti-rebate law, wcro argued hero today In the United Stales district court. The packing companies and tho Chicago, I Milwaukee & St. Paul 'tail way soon after the Indictments were returned Hied general denials. The Burlington anil several offi cials of that railway . who were Indicted filed motions to quash. The Chicago & Al ton and the officers connected with the traffic deportment of that company under Indictment filed Immunity pleus. 1 The plea of the Alton and Its officers is bnsed upon the recent decision of Judge Humphrey In Chicago In the beef cases, wherein It was held that members of the corporations who had furnished Informa tion on which the Indictments were re turned were Immune, but that the corpora tions were not. The Alton makes the claim that it was copipelled to pooduce Its books, papers and other documentary data for the Inspection ot the fcdorul grand Jury ,tn Chicngo, and that this Information was presented to the Kansas City grand Jury before which the local agents of the road were summoned. The defendants were represented today by a great array of legal talent. Government Files Hemnrrer. A. S. Van Vtt!kenburgh, United States district attorney, submitted without argu ment the demurrer of 'the government to ; the Immunity pleaa filed by the Chicago & j Alton ai a corporation, of J. X. Flt!'j-rn ' and F. A. Wann, en-officials of the road, as ! Individuals. The government quotes tho case of Hale against Henkel. known as the Tobacco trust case. In support of Its de murrer, and denies that the Chicago & Alton and the two former oltl rials are en titled to immunity because some of the officers or employes have been required to give information or produce books and papers of the corporation. George H. Crosby, general freight traffic manager of the Burlington, and George L. Thomus and L. B. Taggart, freight brokers, were Indicted for conspiracy. It was al leged that they entered Into an agreement whereby Crosby paid commissions to Thomas and Taggart lit return for their Influence In obtaining business for the.Bur llngton and that afterward Thomas and Taggart divided the commissions with Kan sas City shippers. Counsel for the three men moved to quash the Indictments. They contended that the documents were drawn under sec tion S440, revised statutes of the United States, which defines crimes against the operations of government, and that no evi dence had been presented to show that the defendants had committed any offense j against the government. The court will render decisions in all these enses later. SIMILAR CASE IX CHICAGO COIRT Judge Landls Overrules Pica of Alton for Immunity. CHICAGO, April . Judge K. M. Landls in the federal court today sustained , the demurrer of the government ' to a plea of abatement of the Chicago & Alton rail road, John N. F'althorn and F. A. Warm, former officials of the road, under Indict ment on a charge of granting illigaj re hates. The plea was for Immunity and counsel for the defendants Informed the court that they would not contest by argument the position of the government. The court thereupon sustained the demurrer of the government and ordered the defendants to plead to the Indictments. All of them entered pleas of not guilt-. The case will probably go to rlal soon. LAND OFFICEPLUM DROPS Harvey J. F.llls Xanied As Receiver of Public Moneys at Alliance. WASHINGTON, April 9. The president today sent to the senate the following nominations: 'United States Judge, District of Colorado, Robert E. l-wls. Marshal, northern district of Indian Ter riiory. William H. Darronph. District Judse, division No. ?. distriofvf ai.mUa Alfred 8. Moore. PennsvlvanlaA Receiver ot public moneys. Alliance, NebJJ Harvey J. Ellis. Postmasters California, L. H. Miner, Ferndale. Colorado, O. A. Alert, Ixiuls ville. Illinois, M. L. Harper, Eureka: J. Haig. 1-e Roy; W. II. Mix, Byron. Iowa. W. B. Arbuckle. Vllllsca. Kansas, W. Smith, Galena. Missouri. H. Grass, Hermann: R. D. Cramer, Memphis. Ne miiIh. H. J. Jones. Elko. New Mexico, L. E. Kittrell. Socorro. Oregon, 8. Prsrrur, Salem. South Dakota. II. $. Williams. Aberdeen. Texas, 1. ". Bellows, Seymour; 11. L. Sontervllls, Richmond: W. Plllev, Willis Point; tl. C. Ross. Wortkum. Wy oming, F. E. Lucas, Buffalo. Uenrral Hell la Waaalaatoa. WASHINGTON, April 9. Brigadier Gen eral J. Franklin Bell, recently In charge of the Military school at Fort Ieavenworth, Kan., and named to be chief of staff to succeed. Lieutenant General Bates, arrived in Washington today, accompanied by Mrs. Bell. General Bell will spend the time from now until April 14, when Lieutenant Gen eral Bates retires In his favor. In acquaint ing himself with the duties of the office. Rockefeller la Kew York. NEW YORK, April . John D. Rockefel ler rAliirnnri In Ntv York Clt V frafn IjJia. I wood. N. J., today. NEBRASKA WEATHER FORECAST Fair Tuesday and Warmer la East Portion. Wednesday, Fair. Temperatare at Omaha Yesterday llonr. I)fg. Hoar. Deg. nt 4.1 I p. m 14 m 4.1 a p. m Ml T a. m 4.1 3 p. m a. in 4l 4 p, m till H a. m...... no- n p. ni..... IM 1 n. in (14 tl p. m 11 a. m. . . . . . RH T p. m AT 1 m 113 M p. m S.I It p. m na SAINTS TAKE UP BUSINESS w Rlank Form of Ministerial He- port Adopted by the Con I ference. INDEPENDENCE. Mo.. April 9-(Spe-clal.) The buslues of the Latter Day saints conference at this place wss resumed at 2 o'clock today, with President R. C. Evans of London, Ont., In the chair. The forenoon had been occupied by prayer and preaching services, the sermon having been delivered by Elder C. G. lewis of Michigan. As tho various quorums hold sessions during the forenoon and often In the evening hours also these business sessions are the only times when a full attendance of ex-oftlclo delegates are obtained. A new blank for ministerial reports was proposed, discussed and adopted. It seeks to concentrate and totalize the missionary reports, as In the steudy growth of 'church work. Individual reports arc becoming bur densome. The matter of selecting a church his torian to succeed Henry A. Stubhs, which had been made a spcchil order of business for 3 o'clock, was taken up. An effort was made to refer the selection to a Joint coun- c composed of the first presidency, blsh oprie and high priests. President Smith objected on the grounds that they, had enough to meet In the way of the charge of favoritism and would prefer that the conference make the choice. Th4 motion to refer was lost. W. R. Smith of Holden, Mo., and C. I. Carpenter of Lamoni, la., were nominated. The latter gentleman has been for six years assistant to the general recorder. He explained a new card system of Index and record, which was perfected and which he would not hesitate to recom mend for adoption. C. I. Carpenter was elected by a large majority. The report of the presiding bishop. E. L. Kelley, showing the financial condition of the church, was read and wus encouraging In Its nature. The board of publication made Its annual report. The size of the Sunday school paper has been doubled during the yean. Several new machines and a new heating plant have been Installed. The Herald Is also out of debt. J. M. Buggerly, Independence, was the speaker tonight and David A. Anderson, Ohio, will occupy the pulpit tomorrow morning. , PRIMARY , LAW, IN ILLINOIS Lealslataro Will Meet in Special Ses sion Today to Enael a New statute.' , -- . SPRINGFIELD. - III.. - April .-Thv Illi nois legislature will meet at noon In ex traordinary session to enact a primary election law, the state supreme court hav ing recently declared unconstitutional the law paused at the last regular session. Expressions of members arriving today in dicate a sharp fight over the question of majority or plurality nominations at pri mary elections with a consequent pro longation of the session. Downstate re publicans to a man apparently favor plu rality nominations, that Is a direct primary law. Cook county members, on the other hand. Insisted thnt majority nominations should be provided for, which would throw many nominations Into convention. Demo cratic members will caucus tomorrow night with a strong sentiment favoring united party action favoring a direct primary (plurality nomination) bill. In order to pass a bill that will go into Immediate effect a two-thirds vote Is neces sary. OFFICIAL VOTE OF CHICAGO Proposition to Operate Street Cat'' Lines by City Defeated by Voters. CHICAGO, April 9 The official figures on the municipal ownership of street cars was voted upon at tho election held last week and were announced today by the canvassing hoard. They were: In favor of municipal operation, lil.JKJ; against it, 110.3Z). The proposition, in order to become effective, required 60 per cent of the total vote cast and fell short of the necessary number by 17,47. The vote on the proposition to purchase the street railway companies by the Issue of certtllcates In amount not to ' exceed $73,000,000 was carried by a vote of 110,25 to 10,8-.!. The question of whether or not If Js de- slrable, as a question of public policy, for the government is exerting itself for the the city to own and operate street rail- relief of the destitute. This work, how ways was carried by a vote ot 111.9..5 to I ever, is obstructed by the congestion, of 10R.087 The vote on the last proposition was to call out an expression of public opinion and had no legal effect. MILLARD SEEKS RE-ELECTION Simply Heltcraten Stntcmcat Made to Bee Correspondent Last Summer. "I told The Bee's Washington correspon dent laot summer that I would be a can didate for re-election to the senate und 1 have not changed my mind since then," said Senator Joseph II. Millard at the Millard lintel last night. In reply to a di rect question on the subject. "I have not given the matter any great amount of thought, however, and have done no work in that direction. My visit to Omaha at tho present time is entirely on personal business and haa nothing what ever to do with my candidacy. I will not be myse0 from the field though, as there are plenty of candidates out tor the seat. After the close of congress I intend to take up my Interests in earnest, but it will not be much of a disappointment to me If kl fail to get the pluce. The sexMon will probably close about the 15th or 2Mb of May and I evpect to be back home by June 1. Movements of Occnn Vessels, April II. At New York Arrived: Noordland, from Antwerp; I-a tiascoune, from Havre, At St. John Arrived: Montreal, from from from Antwerp. . At Palermo Arrived : Romanic, Dakotah, Genoa. At Shanghai Arrived San Francisco. At Bremen Arrived: Grosser Kurfuerst, from New York. At Hamburg Arrived: Neko. from Se attle. At IJverpool Armed: Bohemian, from Boston. At Moville Arrived: Furnessla, from New Y'ork. At Boulogne Sallodl Ba-tavta, for New York. DEATH1 IN TI1E LAVA Several Hundred Reported Killed and In jured by Eruption 6f Vesuvius. DAMAGE BY CINDERS AND ASHES San Ouiseppe, a City of 6,000 Inhabitant", Practically Destroyed. MANY VILLAGES TOTALLY DESERTED Hundred and Tifty Thousand Kefuerees in Naples and Adjoining Distriots, KING AND QUEEN VISIT THE SCENE At Midnight the Sltuutloa Had Im proved Slightly, aad a Heavy Rain Was Cooling v tho Lara. NAPLES, April 9.-Reports of fatalities consequent upon the eruption of Mount Vesuvius are coming In. According to in formation received late tonight more than too perished in the disaster of San Gulseppe, while in the ruins of a church which col lapsed owing to the weight ot ashes on the roof. IPO dead are buried, and, It Is as serted that at Sorrento thirty-seven per sons were killed by falling houses. A railway train from Ban Gulseppe for Naples was derailed owing to showers of stones from the crater. Cavalry, proceeding to the succor of the Inhabitants of the devastated section, have been unable to make progress, the rain fall ing on the ashes a foot deep, having made It Impossible for the horses to travel. The sea Is greatly agitated. The sky has cleared, but heavy clouds liana over tho cast, threatening a further downpour. Lava Streams Stationary. The streams of lava are almost station ary. Troops are erecting barriers in the direction of PompeJ' to prevent further danger In that quarter. Almost equally with the devastation wrought hy the lava Is the damage done by cinders and ashes, which In incredible quan tities have been carried great distances. This has caused the practical destruction of San Gulseppe, a place of 6.000 Inhabitants. All but 200 of the people had fled from San Gulseppe and these 200 assembled In a church to attend mass. While the priest wus performing his sailed office the roof fell In and about sixty persons were baoly lnjured. These unfortunates were for hours without surgical or medical assistance. The only thing left standing In the church waa a statue .of St. , Anne, the preservation of whlCh the poor, homeless people accepted as a miracle and promise of deliverance from their peril. i Ashes Fonr Feet Deep. At Ottajano five churches and ten houses fell uiidev tho weight of ashes and cinders, which lie four feet deep on the ground, lu the fall of th buildings about twelve por soii.were kllUtd nd many were injured. Tl.t vll.nne is -.-on plrte';' d:B"rte3iy tr people. After the evacuation, of thn place the barracks and prisons fell In. Reports from coast and Inland towns depict terrible devastation, San Giorgio, Cremona, Port lei, Reslna. and Torre del Greco have been almost completely aban doned. Tho Inhabitants of Torre Annunziata are prepared to leave at a moment's warning. Somma Vesuvlana U another village which has suffered most severely. The most of the buildings In the villages ure ot flimsy construction and have flat roofs, and so are but poorly calculated to bear the weight of ashes and cinders that have fallen upon them. Inevitably it will be found that a considerable number of persons have perished by the falling of their homes. Although the eruption of the volcano is less violent than it was twenty-four hours ago, the ashes are still falling In Brent quantities. Refugees from Iho threatened or de stroyed villages afo pouring Into Naples by the thousands, arriving In every de scription of conveyance and on foot. Th roads are crowded with hundreds of men and women carrying crosses and crying plteously. Special railway trains, warships and steamers are employed In conveying tho homeless people fo Naples, Rome and Castellammare, while large numbers of people are fleeing overland In the direction ot Caserta. Not less than 16.000 refugees have reached Castellammare, where the steamer Princess Mafalda Is anchored. This vessel left the Island of Capri with l.flon passengers. Including many foreigners on board, but It wus unable to reach Its destination, owing to the stifling clouds of ashes and the fumes of gases from ths volcano which enveloped It a mile from the coast. King Victor Emmanuel and Queen Helena' have further endeared ' themselves to the people by their activity In behalf of sufferers by the eruption, and j all means of transportation, which ars monopolized In the carrying of people out of the zone of danger. Kins Visits Htrtrkea District. The king and queen and -their suite ar rived at Naples this morning from Rome. When the royal train reached ths station the eruption of the volcano was almost at Its worst, but both insisted upon leaving immediately for Torre Annunziata. the king declaring: "If Torre Annunziata Is In danger It Is my duty to bp there." Traveling In automobiles, and accom panied by the duke and duchess ot Aosta and the princess of Bchleswlg-Holeteln, they set out for the afflicted districts. Touching scenes greeted them along th way. By the king's order there was no uttempt to keep the people away from him. The sovereigns visited Santa An tustasia. Cercola and Somma Vesuvlana, where they were greeted with great en thusiasm. At a certtln point the royal party wrre struck by a small cyclone 'of ashes and cinders. The king sent his motor car ahead at full Seed and crossed the path of the cyclone In safety. It was found necessary to continue the Journey on foot. The conditions at Torre AnntinzlatA and Pompeii improved today. Owing to the change in the direction taken hy the flow ing lava. Early In the dny apprehension wss felt for (he Inhabitants of the country In the vicinity of Caserta, a place of about $5,000 inhabitants, In whose direction the lava was then flowing. The town of Nola, an old place of 15.000 Inhabitants, twenty-two miles from Ma ples, has suffeied severely by ths fall of ashes coming from the crater, which were carried by the wind as far ft the Adriatic ea. About 1&0.0O9 refugees from the district f Bom ma Vesuvlana bay tough t shelter 1 'I
