The Omaha Daily Bee. ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, MAY 22, lOOfi-TEX PAGES. SINGLE CorY THREE (TATS. WORK FOR THE MEN Presbyterians Form Oreaniiation to Interest Them in Church Affairs. AID FOR CONGREGATIONS ON COAST Will Elite $300, 030 to Replace Buildings Destroyed. SUNDAY FUNERALS UNDER THE BAN Publication of Alcohol Medicine Ada Depre cated, but No Crder ii Issued. REPORT ON WORK AMONG FREEDMEN Amount Raised for Thla Work Darin tha Year Passes (he VfM,0O) Mark (or the First Tim. PES MOINES. la.. May 21.-The Pres byterian general assembly this afternoon determined upon ona of the most im portant church movements undertaken by It In many yean. It voted unanimously to begin at once the organization of a men's society under the name of "Presby terian Brotherhood," whose purpose shall be to bring the men of TreBbyterian churches more closely Into sympathy with the church and to bring about "spiritual development, fraternal relations, denom inational fealty, the strengthening of fel lowship and the engagement In works of Christian usefulness." A committee Is to be appointed before the assembly adjourns to take up at once the detailed plans for the new society. This new step Is the direct result of the appointment of a special committee at the last session of the assembly. This com mittee found an overwhelming desire for such an organization and so reported to the assembly today. There was no op position whatever In the assembly to the project and It had the enthusiastic sup port of all who spoke upon It. The new society I" to be entirely subordinate to the general assembly and It shall report an nually to it. The discussion of the proposed "book of forms" Is to come up tomorrow afternoon. A heated debate Is promised, the opposi tion having become very bitter In Its at tacks. Prof. Henry Van Dyke of Prince ton, who was chairman of the committee that prepared the book, declares that he will not take up the argument, but it is understood that he will make an elaborate statement of the committee's work. Aid lor Destroyed Churches. The Presbyterian general assembly unani mously adopted a resolution calling on the Presbyterian churches of America to raise 1300.000 for ths relief of the churches which suffered from the San Francisco disaster. The third Sunday in June, or aa soon there after as possible, is the date fixed for tak ing a collection in every church. The following are Included on the com mittee appointed to raise the San Fran cisco relief fund of $3o0,0ti0: . Itev. John Dixon, D. D., of the homo , UoarJ.. chairman; Dr. H. C. Olln, treas urer; Rev. 8. J. Nichols. D. D., St. Louts; Rev. F. E. Baker. D. D., Oakland. Cal.; Rev. Hugh K. Walker, Los Angeles. Cal.; Rev. Warren II. lender, Ban Anselmo, Cal.; Rev. Thornton Mills. Ban Jose, Cal.; Rev. J. H. Laughlin, San Francisco, Cal.; Mr. Oeorge L. ln.lerhlll. Ban Fran cisco, Cal.; Mr. A. W. Foster, San Rafael, Cal.; Mrs. Finney, president women's Oc- . i Mental Board of Foreign Missions. First Report on Overtures. The committee on bills and overtures sub- - iiiltted Its first report today, recommending action on several lmportunt Issues, in each case the action of tha assembly fol lowed the recommendation by the com mittee, of which Retiring Moderator J. D. Aloffatt Is chairman. The action of the aa anmbly follows; On tha overture of the prebytery of Freeport, III., requesting that the journals of the assembly refrain from printing ad vertlHing of proprietary medicines contain ing alcohol, the assembly deprecate the publication of such advertisements, but ' contains no action because the specific overture does not apply to Journals of the anerubly. On the overture of the presbytery of To peka, Kan., protesting against Sunday fuuerala, the assembly disapproves sll work on: the Sabbath and requests sll ministers and members to aid In diminishing Sunday ' funerals, exoept where absolutely neces sary. On tha overture of the presbytery of boulder, Colo., asking the creating of a Suclety on "applied Christianity," the as sembly takes no action. Forty-Ova presbyteries submitted over tures on "common worship and forms of service." The committee recommended that these all be laid on the table, to be taken , up when the report of tho commltce on forms and service la reached. Work Among tko Kreedmen. - The report of the Board of Mission for Frecdmen stated that the hopes with which the board began the year bad not been real lied, but ths disappointment had been greatly mitigated by the Increase of the receipts, which passed the $COO,0fiO mark for the first time. The women'a societies contributed SM.70S, the Sabbath schools 111,175. and young peoples societies and miscellaneous sources $:.tS. The sum of ITO.eiO, wsa distributed as follows: Salaries, 121.S63; scholarships, $1,297; general fund for school purposes, 114.V1; building fund, IU.7M. The Sabbath srhools had advance in contributions tha past year, but there is yet room for a great forward movement, but 2a had remembered the Freed men, the remaining, over 7.000, to be enlisted. The Christian school Is recognised aa a necessity In every department of mission work. This is especially true of the work among the Freed men. The total number of schools established and maintained Is JO, with S32 teachers and 14.118 pupils. The Freednien are advancing- In many instances toward self-support. Their total gifta for church and school during the year reached the sum of 1143.831, of which amount W7.631 was In aupport of schools. Csasnborluud Derision Deferred. DECATUR, III., May a.-Judge John s decision In the Cumberland Presbyterian Injunction suit will not be handed down before Thursday. This announcement was made at the conclusion of the argument : today and caused great disappointment to ; both parties to the suit. Meanwhile the ', work- of the assembly will go on. The com ; mil loos were hard at work all day and j much business will be ready for action i Tuesday. The anti-unionists made It known that If they fall to secure the injunction 1 they will remain after the aaacmbly ad ' Journa and organise a new assembly which , they say will be the real Cumberland Prxa I bytertan assembly. It is said that many i af their own number will not follow them ! In UUa program. t Bride-to-Be Killed hr Brother. WHEELING. W. Va . May 21 -Roa Wis- nlpk -t,n mrA klll4 - . J . . . . . brother. Paul, while she was making a caks for her own wedding The girl via ui have been married today and the police believe ths killing fol'owed a quarrel, all hough the YANKEE VICE CONSUL KILLED Iran Atrnl Assassinated at 111 Horn. RAToUM, Mny 21. -W. II. Stuart, the American vice consul, was shot anil killed at his country place lnt nipht. The sin enrsped. Mr. Stuart was a British subject and one of the largest ship brokers and exporters cf t'.atouni. During the revolutionary trouble!! of last fall his life was many times threatened by longshoremen and at Christmas a deputation visited Mr. Stuiirt's olrlre and practically compelled hint to give them ll.fioa under the guise of a holiday gratuity for dock laborers. WASHINGTON. May 21. -Vice Consul Stuart, who was killed at Batoum. was an Englishman 4? years old and had filled the position for about two years. At the lime of his death he was acting consul. The State department received confirma tion of the murder of W. H. Stuart, the American vice consul at Batoum, Russia, In a dispatch from Ambassador Meyer at St. Petersburg. No d lalln of the crime were given. Amlwissador Meyer having taken cogni zance of the case, the State department officials do not believe that It requires ac tion st their hnnis at this moment. POPE CONTINUES TO IMPROVE Pontiff Sleeps We'l, Rests F.aay and la Allow Sit I p Few A ROME, May 21. Tift V. Lapponl vis ited the pope this he found that the pontiff had passe. ' d night, that the gouty pain In his It J. 1 almost dis appeared and that his 1 condition had Improved. Atlhough V nipcrature was again slightly above t.. i, the doc tor allowed the pope to get'A ' a few hours, but advised him not V uhie his audiences until the end of thi week, and even then only If he continues to make sat isfactory progress. OFFICERS WHO LOST MUST DIE Stoeasel and Keboisteff Condemned to Death for Surrendering Port Artbnr to Japs. ST. PETERSBCRG. May 21 It is ru mored that the military cijurt which has been Investigating the surrender of Port Arthur and the battle of the Sea of Japan has condemned to death Lieutenant General Stoesael, who commanded the Russian forces at Port Arthur, and Rear Admiral Nebogatoff, who commanded one of Ad miral Rojestvensky'a squadrons and who surrendered during the naval battle to the Japanese. Pirates Rosy Day MEL1LLA. Morocco, May 21. The steamer Manollta, bound from Tetuan, Mo rocco, for this port and flying the Ameri can flag, has been attacked by Moors, who took away some of Its passengers. The Manulltu's machinery got out of order and It was obliged to approuch the coast. While lying off Pcnon de Velcz, about half way between Tetuan and Melllla, a number of Moorish fishermen -swam from the shore and boarded tha Manollta, compelling Its crew to hand over to them a number of Moorish passengers belonging to the tienl Barraguul tribe. The marine registers available do nut re fer to a steamer named Manollta. tiomes Appoints ew Cabinet. CARACAS, Thursday, May 17.-(Vla Port of Spain, Island of Trinidad, May 21.) Act ing President Gomez has appointed a new cabinet, as follows: Minister of the Interior Dr. Leopoldo Baptista. f Minister of Foreign Affairs Josede Jesus Paul. Minister of Finance Francisco Sales Perez. Minister of War General Delgo Ferrer. Minster of public Works Dr. Luis Marta. Minister of Public Instruction Dr. Carlos Leon. General Alexander Tbarra has been ap pointed governor of the federal district. Prominent Citizens Expelled. BUCHAREST, May 21. As a reprisal for the massacre of a party of Walla chlana by three Greek bands, near Ore bena, on May 13, the government lias ordered the expulsion of twenty-three prominent Greek doctors and merchants, who are alleged to have been connected with the bands responsible for the dis turbances. The Greek community Is greatly excited and further expulsions are expected. Roma Woands Officer. KALISZ, Russian Poland, May 21 Count Keller, a colonel of dragoons, wu severely wounded by the explosion of a bomb which was thrown at the officer while he was returning from a review today. Ills horse was killed and his or derly was injured. The would-be assas sin, a young man, escaped. Count Keller had been prominent in suppressing dis turbances lrere and In the vicinity. Wbltrldge Uoes to Klsg'i Altar. LONDON, May 21. Frederick W. Whit, ridge, the special envoy of the United States to the wedding of King Alfonso, and Mrs. Whltrldge, left London today for Paris, on their way to Madrid. Homeward Ronnd. GI BRA ITAR, May II. -The United States cruiser Tacoma and the United States tug Potomac sailed for Norfolk today. DEATH RECORD Mrs. Gertrnde Cretan. Mrs. Gertrude O'Neill Crelgh, wife of Thomas Crelgh, attorney for the Cudahy Packing company, died at her home, 136 South Thirty-fifth street, at 10:30 Sunday night. An Infant also Is dead. Mrs. Creigh was Miss Gvrtrude O'Neill, daughter cf Mrs. Katheiine O'Neill of St. I-ouls. where the mother and brothers and sisters now reside. No funeral services will be held In Omaha, the body being taken Monday night via the Wabash to St. Louix. where services and burial will take place Wednesday morning. Alan McDowell. KANSAS CITY. May 21-Alan McDowell, for forty years a Masonic lecturer, died here yesterday at the home of Ms brother-in-law, aged 73 years. He was an authority on Free Masonry and his many reports and addresses on Masonic history ar.d Jurispru dence received marked attention and fa vorable comment both here and In foreign countries. Veteran Pnbllaher Din. DETROIT. Miy n.-It was announced to day th.it Jiime E. Srrlps. founder snd publisher for many years of the Detroit News, who has been ill for a number of weeks, cannot survl.-e more than a few d. He is rtsiir.g comfortably, ul much, of the time i in a seml-consciour condition. WATTLES NOT A CANDIDATE Announces in Personal Letter Ha Will Hot Run foT Senate. INFORMS FRIENDS THROUGH PRESS Deems It Proper ot to Held to Their Sollcltatlona to Allow Ise of Ills Mama lis, Gurdon W. Wattles, president of the Omaha Grain exchange and vice president of the Omaha A Council Bluffs Street Rail way company and the United States Na tional bank, will not be a candidate for the United States senate before the legislature aext winter. He announces this fact in a personal letter to the editor of The Bee, received Monday afternoon. This announce ment confirms a rumor which arose upon Mr. Wattles- return from the east Satur day, at which time, however, he preferred to make no specific announcement. His letter says: OMAHA, May 21. To the Editor of Tho Bee Dear Sir: In deference to my many friends and well wishers In this city and throughout the state who have solicited me to authorise the use of mv name as a candidate for the United States senate. 1 deem It proper to say that 1 will not be a candidate for this great office at this time. Yours respectfully, GURDON W. WATTLES. Effect on Other Candidates. Mr. Wattles' decision not to go Into the fight now, leaves those who were depend ing on him up In the air. Already there Is a noticeable accretion to the following of Mr. Rnsewater, especially among the busi ness element, who have been associated more or less with both men. The Webster crowd, on the other hand, thinks thla leaves a clear field to get the Fontanelle endorsement for Webster, although these men know the Fontanelle club is not spe cially enamored of Webster. Talk of Charles I. Saunders for governor has about ebbed out, taking with it the scheme for a delegation pledged to him and un pledged on senator. Some of the Fontanelle club members think they might find a rally ing point on Hairy C. Brome, but so far he has shown no signs of listening to them. Followers of Millard are still waiting for news from Washington. The last report they had was that the senator would like to have them keep their engagements open until he returned to Omaha, though he did not state when that would be. One of the officers of the Fontanelle club, discussing the situation yesterday, said: "I don't know what we will do. I think .we had better take an Inventory of our belongings and find out where we are 'at.' Thla Is the opinion of several of our mem bers. 1 know some of the boys feel friendly toward Webster, but as a whole the club Is no more drawn to him than to Millard, who turned us down so hard when we wanted Tom Blackburn appointed United States district attorney. Tour reporter at our banquet last week overlooked one thing. When Nelson C. Pratt said the Fontanelle club was not dead and its next task was to send a delegation to the state convention that would not be a Rosewater delegation he was quite generally ap plauded, but when he followed this state ment by declaring the delegation should be for John I. Webster for senator, a very embarrassing dead "silence ensued." It looks to me aa If Mr. Rosewater might have Douglas county now without any very serious opposition." Some of the politicians are calling atten tion to the sentence In Mr. Wattles' letter saying lie will not be a candidate "at this time." They take it to mean he reserves himself for some future occasion and also will continue to be a factor in local politics, at least to the extent that he has been. BIG BRIBES FOB SENATORS Insurance Man Tells of Large Moms Paid New York I. escalators by Companies. WASHINGTON, May 21Some additional sidelight wan thrown on Insurance methods In New York today by Representative James A. Goulden of that state before the house committee on the Judiciary consid ering the Ames bill for the regulation of Insurance In the District of Columbia. Mr. Goulden Is general agent of the Penn Mutual Life Insurance company In New York. "Why," he said, "It waa a well conceded fact that to be a senator at Albany was worth anywhere from 360,000 to $100,000 a year and that the money came largely from Insurance companies. This is no se cret. Every New York man knows It. I know It; I know It well." Touching on the subject of campaign contribution, Mr. Goulden said that his company had been coerced into giving 110,000 to a national campaign committee In 1896. He did not say which congressional committee received the money, but re marked that the same thing was tried In 1900 and 1904, but without success, owing to the firm stand taken by Mr. Plimpton of Massachusetts, one of the directors, who declared that every director who voted for such contribution would be held per sonally liable for the amount. The hear ings on tha Ames bill closed with tha tes timony of Mr. Goulden. MAN KILLS SELF AND DAUGHTER Mnrdera Ctrl and Attacks Wife with . Aao and Commits Salctde with Revolver. WOODLIFF. N. J.. May 2l.-John Cole. an engineer, killed his daughter, Maria, with an axe today, attacked his wife with the same weapon, striking her In the head and probably fatally injuring her. and then killed hlmFelf by shooting. The tragedy followed the departure from Cole's house of a young man to whom it Is said the daughter waa engaged. The girl was still looking In the direction In which the young man had disappeared when her father, axe In hand and upraised, sprang out at her. The girl jumped back, but aa she dodged the father drove the axe Into her skull and she fell, dying Instantly. As the girl fell her mother ran from the house and was Immediately attacked by Cole, who rendered ner unconscious with a single blow. Then the man drew a revolver and killed himself. Llghtalnar gfrlkee Barn. VERMILION. 8. D., May H. (Special Telegram.) lightning struck a large barn owned by Thomas McCnne. burning the building, killing six valuable horses and three cows. Lose, 2.000; Insurance, $J.i0O. Caasle liadwlck'a Deposition. P1TT8BURG. May 21. -Unusual Interest Is attached tu the case of Mrs. W C Jutte against J. W. Friend and F." n' Hoffsiot. which was resumed today, as It hss expected the deposition of Mrs Cassia Chadwlik. taken recently by the plaintiff s sttorneya. would be opened by Judge John D. Sharer. The deposition, however, waa not presented today, and It n-ay not be offered for several days. No Inkling of lu contents will be (Iveu out unul tuea. bil;l IS FAVORED -4- Rnrean of Commerce and I .a her to Take tp Measare on (From s Staff Correspondent.) WASHINGTON. May ?1.-(8peclsl Tele gram.) Congressman Pollsrd. by appoint ment, had a long conference today with Commissioner Garfield snd Assistant At torney General Smith of the Depnrttnent of Commerce and Ibor In relation to his bill compelling interstate corporations to take out a federal license before they ran do business. As a result of the conference Mr. Pellard will prepare a bill bringing all corporations whose business Is not less than $6,000,000 annually, In the preparation of meat products, coal, petroleum oil and Its products, steel. Iron, sugar, lumber, grain, tobacco, paper and farm implements, under federal control. After careful con sideration it was agreed That the so called trusts should be Included In the general bill. So Impressed were Clmmisaloner Garfield and Mr. Smith with the original bill Intro duced by Mr. Pollard that they agreed it should be made the basis of a new bill. Judge John M. Ragan of Hastings. Neb., Is in the city and today was the guest of Judge Norrls at luncheon In the House restaurant. Congressmen McCarthy and Kennedy were also guests of the member from the Fifth district. Congresman Pollard was notified today that Ebenexer D. Harfia, Lincoln, had been allowed an Increase of pension of $10 from April 1R. 190S. Also that Granville Jolce, HoWe, Nemhft county. Neb., had been In creased to $12 from January 11, 190R. The house committee on claims reported favorably today Mr. McCarthy's bill for the relief of tho Nye Schneider company of Fremont, Neb. It carries an appropri ation or $ffl 13. Senator Hansbrough today introduced a bill of general Interest to rural communities throughout the west. It authorizes the secretary of the Interior to sell public lands wherever located to communities for cem etery purposes at a uniform rate of $1.26 per acre. In the past a number of Indi vidual bills have been Introduced and passed providing for the sale of government land to towns and villages for cemeteries. Senator Hansbrough's bill seeks to place on the statute books a general law which will cover all such rasrs. thug avoiding special legislation In Individual requests for the acquirement of cemetery sites on public land. Senators Millard and Burkett today Joined in recommending the appointment of D. M. Amsberry to be receiver of the land office at Broken Bow. Neb. John M. Reese, present receiver, is to be transferred to the ofllce of the register. ' Ex-Governor Ezra P. Savage of Ne braska, now of the Pacific coast, was In Washington today. Contract Surgeon Francis M. Wells will proceed to Fort Robinson for duty, relieving Contract Surgeon Marlon F. Marvin. Con tract Surgeon Marvlnj upon being relieved will proceed to Fort 'Mansfield, R. I., for duty. Ella S. Lutgen of Brock, Neb., and Her bert E. Hitchcock of, Mitchell, S. D., ad mitted to practice before tfie Interior de partment. Complete rural free delivery service has been ordered established August 1 in Lyon county, la., making a total of eighteen routes in that county. DOHERTY IS jSENT TO JAIL President of Denver Klectrlc Company Refnaea to Testify la Elec tion Case. DENVER, Colo., May 11. Henry L. Doherty, president of the Denver Electric company, appeared in District Judge Frank J. Johnson's court this afternoon and was called upon to testify aa to what he knows regarding the matter of alleged bogus tax receipts used In the election. On the advice of his attorney. Joel F. Valle, he refused to testify and even refused to be sworn. Judge Johnson Informed Mr. Doherty that he would either have to testify or be com mitted to Jail for his refusal. After con. suiting with his attorney, Mr. Doherty an nounced that he would not testify. Judge Johnson ordered Mr. Doherty com mitted to Jail. Soon after Mr. Doherty's committment, on application of attorneys representing the elections commission, a temporary order waa Issued by the supreme court restraining District Judge Johnson from proceeding further with his Investigation of the vote on the franchises at last week'a election until Monday next, when he must show cause why he should not be permanently restrained. Subsequently the supreme court ordered that Mr. Doherty be released on I his own recognizance pending the hearing on the Injunction. Mr. Doherty was Im mediately given his liberty. During the day several employes of the Denver Gas and Electric company were put on the stand In Judge Johnson's court and questioned aa to the ownership of prop- ; erty for which lax receipts acre alleged to have been voted. Several admitted that they had only owned the property for a day or two prior to election day and that It had been purchased on contracts for long time payments. Some of the witnesses could not give a clear description of the lots and ad mitted that a high official of the Denver Gas and Electric company acted as their agent. Other witnesses declined to answer certain questions on advice of counsel that their replies might incriminate them. Attorneys for the Honest Election league, which is back of the Investigation, had suc ceeded during the afternoon in having records of the city treasurer's office brought Into court for the purpose of showing that money was paid for taxes by clerk of certain corporations on property standing In the names of employes. Tha sitting of the court was to have been resumed at T o'clock tonight, but all the proceedings were stopped by the supreme court's ln- ! Junction. I Mr. Doherty is general manager of the McMillan syndlcnte of gas and electric com panies, with headquarters In New York City. Dakota Crops Look Well. HURON. 8. D.. May 2r.-(8peclal I-All crops made exceptionally rapid progress during the last week. Wheat, barley and oats are reported In as good condition as could be desired, barring small patches on low ground. While all small grain is a trifle backward as compared with former seasons, the general outlook la especially encouraging. Weather conditions for the week, while cool and windy three days, was favorable to small grain grow th. Corn planting is about completed and much of tha earlier sown is above ground and do ing well. Moderate showers occurred over most of the Jim river valley and, although not needed, leave the earth with plenty of moisture. Tha hay corp bids fair to be heavy and la making very rapid growth. Potato planting la progressing, aome farm ers having finished this work. The acreage will be equal to that ot last season, pos sibly greater. POLLARD'S MORE CATTLEMEN INDICTED Earl Oomstock and Modisett Brothers Famed in Latest Bills. TWELVE OR MORE COUNTS BROUGHT IN Conspiracy to Defraud Government Ont of Pnbltr lnd. PrrJnrv and Subornation of Perjarv Charges. The federal grand Jury made a report Monday evening, returning two big Indict ments. One was a Joint indictment against Earl Comstock and Reason Hudgell. There ore twelve or more counts In the Indict ment, which charges conspiracy toWfraud the government out of certain public lands, for alleged perjury and alleged subornation of perjury. The lands In question comprise several thousand acres within the Spade ranch en closure In Cherry county. Earl Comstock Is at present in Mexico, but his brother. W. G. Comstock, appeared in his behalf and gave bond In $5,000 for his appearance e fore the United States district court. Rea son Hudgell is already under a United States commissioner's bond of $6,000 and that bond was continued. The second Indictment, comprising seven teen counts, la against A. R. Modisett, A. M. Modisett, H. C. Dale and William Sinoot and is of a similar Import to the Comstock and Hudgell Indictment, but alleges the. fraudulent practices and conspiracy were carried out In Sheridan county. All of th accused were present In the city and gave bond In $5,000 each for their appearance be fore tho United States district court. Bn brock, Hnll nnd Huntington. The cases now under Investigation by the grand Jury are those against ex-United States Commissioner G. H. T. Babcock of Chndron. I. D. Hull and T. M. Huntington of Gordon, with the same general allega tions of perjury, subornation of perjury and conspiracy In procuring fraudulent land filings within the Spade ranch enclosure. Each of these parties Is now under United Ststes commissioner's bond in the sum of $5,000 each. ,- Among the witnesses summoned In these cases Is a large body of old soldiers from the vicinity of Missouri Valley. 8everal witnesses are also here from the State Sol dlerr' home at Mllford and also a number from Lincoln. Including Captain Mark Howe, former adjutant general of the Ne braska Grand Army of the Republic de partment. Several women witnesses were examined Monday afternoon In the land cases, some of them being soldiers' widows, daughters, and others school teachers from various parts of the stste of Iowa. Over 150 witnesses already have been sum moned In these cases and It Is expected the entire week will be expend In exsmlna Ing these witnesses. Two or three mora Indictments are schduled to be returned Tuesday evening. The Investigation of these caaes has brought a large number of prominent cat tlemen to Omaha. ACCUSED MAN FIGHTS TO LAST S. A. D. Pnter Charged with Com plicity In Land Franda Offers Resistance When Caogbt. SAN FRANCISCO, May 21. S. A. D. Puter, accused of complicity in the Oregon land frauds, and who has been hunted for months by the federal authorities since he escaped from detectives at Boston, was ar rested yesterday at Alameda by secret service men. Puter did not willingly sub mit to arrest, but attempted to draw a re volver. The detectives quickly covered him with their pistols, but even then had much trouble In getting their prisoner to the po lice station. Puter arrived from New York three days ago and left for Alameda. He took a room In a lodging house In Park street. Satur day night he visited his wife at Berkeley and after remaining there several hours re turned to his lodging house. The secret service men learned of Puter's whereabouts by shadowing a woman. He waa on his way to keep an appointment with this woman when arrested. Puter had taken the name of James Wil liam Barr and traveled under that alias since leaving the east. He Informed the detectives that he had engaged passage on a steamer for China and Intended leaving for that country in a few days. According to the secret service men Puter's room In Park street resembled an arsenal. Over hla bed hung a rifle and In a drawer was a heavy revolver, besides the one found In his possession when captured. BOSTON. May 21 8tephen A. D. Puter, who was arrested at Alameda, Cal., yes terday, made a sensational escape from Deputy United States Marshal W. J. Burns in Boston March 2l. Deputy Rurns, who had been detailed to find Puter. discovered the man aa he was applying for his mail at th Fenway postal station in Bnylston street. He Immediately arrested Puter and started to talie him to the nearest police station. He had gone only a short dis tance, however, when Puter suddenly pulled out a revolver and threatened to shoot the officer. Before the deputy had recovered from his surprise Puter had dis appeared. THEATRICAL MERGER EXPANDS Rank, Ia;aJ and Transportation Bureaus Will Be Opened la Chicago. CHICARO, May 21.-The Theatrical Na tional bank la the name to be given to a new financial institution which will be opened next month In this city. The new bank is an outcome of the large theatrical merger recently effected by Klsw ft Er langer and H. F. Keith, managers of the Western Vaudeville Managers' association, and will he financed by the merger. The capital stock will be $1,000,000. all paid up, and the business of the Institution will come largely from theatrical managers and professional people. The business of the theaters Interested amounts to $6.00O.0u) a month. Arrangements have also been made by the merger, according to Charles K. Kohl of this city, to establish a legal de partment and a railroad department, with headquarters In this city. The latter de partment will control the entire transporta tion of the theatrical companies embraced In the scope of the merger, amounting to millions of dollars annually. RAIN ENDS F0REST FIRES Wlad Dies Ont and Dancer Is Pant Reports of losses Are Kzagrcerated. MILWAUKEE, May 21 A special from Marinette, Wis , ssvs: All danger from forest fires is past. It Is raining this morn ing and the wind has died out The las everywhere la believed lo be greatly exaggerated. NEBRASKA WEATHER FORECAST I'alr and fooler In West. Minnrra nnd C ooler In F.ast Portion Tee. day. Wednesday Fair. Tempera I a re at Omaha lesferdayi Honr. De. Hour. 1 p. nt , a p. m. ;i p. in . 4 p. m . K p. m , I p. in . 7 p. m , p. m . ft p. m . Dea. . . 71 . . H-2 . . : . . sl . . Nt . . U . . Nil . . 7 . . 7 M a. m . a. m . T a. m . a. m . n a. m . 10 a. m. 11 a. m. 13 m.. . . . . ' . . til . . P2 . . m . . mi . . T:t . . Tl . . 7m OPPOSITION TO NAVY BILL ' Objection Will Re Made In Henate, hut Sot Knch as Will Defeat It. WASHINGTON. May Il.-The naval pro gram, providing for the construction of one great battleship of a tonnage equal to any aflomt or now building, will meet opposition In the senate, but not of such stuh!orn character ns Is thought to endanger Its defeat. Several members of the senate committee on naval affairs have expressed themselves as opposed to the building of "the great, unwiledy type of the DreadnRiight," now being constructed for the navy of Great Britain. These men have announced that they will express their doubt, slthotteh they have not determined to record their votes against the policy of the administra tion. The battleship proposed by the program and provided for by the bill as it passed the house, in Borne features will be greater than the Dreadnaught. The tonnage mut be as greet ns the biggest battleshln con templated. This Is estimated at about 20,000 tons. Its speed must be at least twenty-one knots and Its draft will he about twenty-eight feet. It is In the .irni:i ment that It will surpass the Dreadnnught. According to the plana for this giant de fender for the British navy It will have ten 12-inch guns. Chairman Foes of the house committee on naval affairs said the battleship for the United States should have twelve 12-inch guns. The South Carolina and Michigan, plans for whlcn have recently been completed, are the big gest ships now authorized for the United States navy and they will have eight 12-inch guns. The naval appropriation bill will not be taken up by the senate committee until the last of the week. Healings will not bo had, the house hearings being relied upon, so that It shnuld be reported to the senate by Monday next. It carries just $lort,0i) less than It did when It was reported from the house committee, the Item of decrease being $100,000 for the floating dry dock for Chesapeake bay. OCEANIC SERVICE CARED FOR Provision of Ship Subsidy BUI Will Be Carried In Postofflcc Ap propriation Measure. WASHINGTON. May 3-The poatofllca appropriation bill will take care of the oceanic service in the manner provided by the ship subsidy bill which passed the sen ate, but apparently is side-tracked In the house. The .senate committee on postotfloes and post roads, believing that there is no chance for the shipping bill to pass at thla session, has taken from that measure the subsidy provision: From a port of the Pacific coast of the United States via Hawaii and the Samoan Islands to Australasia on ateamshipn of the United States of not less than sixteen knots speed for a service once In three weeks at a maximum compenaatlon not exceeding $217,000 a year In addition to the compensa tion now provided under the existing con tract for ocean mall service between this country and foreign ports. Under the shipping bill eleven routes were subsidized, but the oceanic service Is the only one In existence that the committee says absolutely demands at this time com pensation in addition to that provided by existing contracts. The committee expects to conclude its consideration of the bill by Thursday next and report It to the senate. SOFT COAL MEN IN SESSION Operatora and Miners Meet and Former Declare They Will Not Increase Wage. KANSAS CITY, May 21-RepresentaUvea of the Soft Coal Operator's association of the southwest and a committee of the Miners' union from districts Nos. 26, 21 and 14, 'from Missouri, Kansas, Arkansaa and Indian Territory, will hold a conference here this afternoon for the purpose of con sidering the wage scale. W. C. Perry, president of the operators' association, says If the meeting, whlrh was requested by the miners, was .for the purpose of trying to reach an agreement on the demand of tha miners for an Increase of 8 cents a ton over the scale of 113. It would be useless, aa under no consideration would the oper atora recede fro mthelr refusal to grant the increase. The miners' representatives refused to Indicate beforehand what their attitude would be. Before meeting with the operators the miners held a separate conference. MUSICIANS INJFANUEIL HALL Omaha Colon la Represented at the ' Boston Convention by R. Oleaon. BOSTON, May 21. About 160 delegate were here today to attend the eleventh annual convention of the American FeJ eiatinn of Musicians. The convention, which will extend through Thursday, was opened In Fanulel hall, where thn visitors were received by the members of the Boston Musicians' Protective as sociation, a local body affiliated with tho national organization. The Omaha Musicians union is repre sented at the Boston convention by R. Oleson. leader of a local orchestra Tv that name. Prof. E. Nordln, leader of the Boyd theater orchestra', was elect ! a delegate but was unable to leave. Sj far as Omaha musicians seem to know there Is nothing coming up at the federa tion meeting of direct special Interest to them. OHIO MINERS T0 KEEP SOBER Md Pat on In District Affected by Htrlko nnd Operators Delay ' Action. 8TEUBENVILLE. O., May 21 -The "lid" has been put on Plum Run and Crow Hol low by the miners' union officials, who de sire to keep the miners sober and orderly. No beer is allowed In the camps. No at tempt will be made to start the mines for several daya. The operators have decided not to evict the striken A meeting snd parade of TOO miners was held at Srrlthfield today, where a trala load of strike breakers waa eipooted. PRISON FOR BURTON Dnitei States Buoreme Court Affirms Sentence Passed in Missouri. SIX MONTHS FOR KANSAS SENATOR Justice Harlnn Hands Down Cpinion Over rulinc All Pleas of Defense. BREWER pcckham and white dissent They Hold that United States is Hot Interested in Case. SIXTY DAYS TO FILE NEW PETITION Permit Will Carry Case Over t October Term Urnate Will Declare Itarton'a Sent llrinl. WASHINGTON, May 21. The supreme court of the United Slates today rendered a decision in the caae of United Stutes against Senator Ralph Burton from Kan sas. The derision was against Burton af firming the drclslon of the United States district for the western district of Missouri by whlrh Burton was sentenced to six months imprisonment In the Jail of Iron county, Missouri, required to pay a tine of $-.&'' and deprived of th rlfiht to hereafter hold office under the government. The opinion was by Justice Harlan. All cf the points made In Burton'e Interest ere overruled. Justices Brewer. White and Peckham united In a dissenting opinion delivered by Justice Brewer. Their opinion was based on the theory that the United States was not legally Interested In the case be against the Rialto company by which Bur ton was employed as counsel. Senator Burton run prosecuted on tha charge of violating section 1782 of the revised statutes, which prohibits senatora and representatives from receiving com pensation for services rendered before any of the government departments In any matter in which the government may lie Interested. He was specifically charged with accepting a fee of $500 per month for five months, from the Rialto Grain and Securities company of St. Louts, for services rendered that company in an ef fort to prevent the Issuance of an order by the Postofflce department, prohibiting the use of the malls by the company. Second Appeal. This waa Senator Burton's second appeal to the supreme court. In the first case the circuit court found him guilty and Imposed the same penalty that waa Imposed In the present case, but the supreme court re versed the decision in the first instance be. cause It was made to appear that tha money was paid In Washington and not In St. Louis, wiirre the case was tried. It was contended on behalf of Senator Burton that the fee was paid on account of the criminal proceeding against one of the members of the Rialto company and not because of service rendered In tha govern ment prosecution of the company. Tha law under which he waa prosecuted waa alec, attacked as unconstitutional on the ground that the senate was the sole Judge of the qualifications of its members, but this doc trine was not upheld by Justice Harlan's opinion. The statute was upheld In alt re spects and held to bs fully applicable to Burton's caae. "If Senator Burton does not resign," aa a prominent senator puts it, a resolution wns to be Introduced to declare hla Beat vacant. Burton Declines to Talk. Senator Burton received the first new of the court's derision by telephone at hi room in the Raleigh hotel, where he la stop ping. To the newspaper men who called to see him Senator Burton said: "I ahall adhere to my original policy of saying noth ing until my case in Anally determined." He would not say, In reply to a question, that he intended to take further legal steps, but from the fact that ha does not regard his case as finally decided, In view of ths sixty days granted for a rehearing, it is Inferred that he will do so. Motion for Rebearlnsr. Immediately after promulgating Its de cision In the Burton case the supreme court of the United States today granted a mo tion to give alxty days to Senator Burton In which to prepare a petition for a rehear ing. The action will have tha effeot of taking the case over until the next term of court, beginning in October, as the pres ent term will expire next Monday. That the senate will be compelled to take cognizance of the case Is Indicated by the decision In thn following extract: The final judgment of conviction did not operate Ij.so facto to vacate the seat of the convicted senator, nor compel the aenste to expel lilm or to regard him as expelled bv force alone of the Judgment. The at Into which he was originally Inducted as a senator from Kansas could only become vacant by his death or by expiration of nis term of offlce or by some dirert action on the part of the senate in exercise of 1 constitutional powers Justice Harlan also held that the sentence could not cover an election lo the United States senate, "as they do not hold their plartji under tho government of tha United States. " Goaslp as to Kncreasor. TOPEKA, Kan., May 21. Governor Horn, who, if Senator Burton's seat were de. dared vacant, would probably appoint a successor, was asked today: "Will you appoint W. B Stubba?" "I am not resdy to answer that ques tion." replied the governor. "Will you appoint Congressman Charles Curtis?" Governor Hoi h replied that he would give out nothing for publication today. W. R. Stubhs is a railroad contractor of Lawrence, Kan., and recently was chair man of the republican state central com mittee. "The fact of the matter Is." continued Governor Hoch. "while I have given tha matter considerable thought, I am not In a position now to siy anything. I shall take some lime to consider It." Among those spoken of by politicians In connection with the senatorship beside ex State Chairman Stubba and Congressman Cuiits are Judge J. W. Johnston of tha s'ate supreme n urt, J. L. Brlstow of Sa il na. former fourth assistant postmaster general, and Congressman Philip P. Camp bell of Pitsburg Mrlkodlat t birch South. BIRMINGHAM. Ala.. May tl.-The gen eral coi.ferrnre of the Methodist Episcopal south today adopted the report of tba church extension committee, which made several changes III Ihn peisonal of the Inmrd. Ths report also recommended hearty support of the cliursJi extension work, es pecially in the now fields of Cuba, Okla homa and Indian Territory and tha rural districts of tha south. The first Wadnrs dav In May, 1910, waa aeltcted tot the Gtxl gnerai conereuua, . 1