Nebraska Newspapers

    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