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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