Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 23, 1906)
The Omaha Daily Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, WEDNESDAY MORNING, MAY 23, lfH)fi TEN PAGES.
SINGLE COPY THREE CENTS.
AMNESTY ON FRIDAY
Caar'a Proclamation Will Be Issued Sunday
on Coronation Anniversary.
TERRORISTS EXCLUDED FROM PROVISIONS
Constitutional Party ii Prepared to Aocept
Thii Act of Partial Grace.
HUNDREDS OF PRISONERS RELEASED
Number Who will be Affected by Amnesty
Peine Reduced Daily.
CZAR'S ANSWER TO REPLY TO THRONE
Premier Will VUlt Peterhof Today
to Pot Finishing; Tmrhfn en
Speech Kklrt will be De
FT. PETERSBURG, May 22. The long
awaited political arancsly will, the Asso
:iated Press If a me from a government
lojree, be proclaimed May 27. the anni
versary of the coronation of Emperor
Nicholas 11. The exact acope of the- meaJi.
ure hua not a yet been determined. It
will, aa entli ipated. he limited, but the
Aaeorinted Treaa la In a position to state
that the constitutional democratic party
Is prepred. though grudgingly, to accept
the act of grace from which the terrorist
are excluded. recognlxlng, though not pub
I1r v, that the government la not alto
gether unjustified In refusing to set at
luge men who will be as ready In the fu
ture as they have been In the past to
snoot ilnwn or Mow to pieces hated rcpre
e itit vfs of .luthoiity. Their demand for
unlimited ninnepiy wa. based on the ex
pectation tint with Iho Institution of a
full const it ut.onsl crn, the terrorists, as
Wis pi"ml-cd In an open leter just before
the assassination of Alexander II. would
abandon active operations, but they have j
been forced to admit that lh crimes of the j
last few days give the government no
guarantee that the promise will be kept.
The administration la daily cutting down j
the number of prisoners who may be af
fected by the amnesty, releasing convicts ,
by hundreds in the provinces, while among
those released 1:. St. Peteraburg are twenty-seven
members of the Council of Work
men's Delegates, who drew up the famous
manifesto preaching a raid on the govern
ment's gold reserve.
raar'a Answer io Speech,
Premier Gorymekln has been summoned
to Peterhof tomorrow for a conference
with Emperor Nicholas to put the finish
ing touch on the speech which the premier
will deliver unless unfnrseen contingencies
prevent in the lower house of Parliament
on Friday setting forth the government's
position on the various points In the
house's address In reply to the speech
frnn the throne.
The premier. Minister of the Interior
Btolypln and Minister pf Agriculture Stl
chlnaky liavs been making Inquiries with
regard to the form of procedure to be ob
served In the.. lower house in the matter
of answering -of Interpolations and . also
as to the rights of ministers to participate
In .general, debates', M. Btolypln specially
wishing to speak -on the agrarian question
Agrarian Problem to Front.
Parliament' will probably not meet again
until May IS, ioday being the fete day of St.
Nicholas, the miracle worker, and May 24
being Ascension day, another great holi
day. The interim will be occupied by the
committees In examining the credentials
nd election of members and In prepara
tions for the coming struggle over the
measure for the solution of the agrarian
question. The attention of - the country
and Parliament Is now riveted on this
problem, all sldea recognising that the
manner In which it is solved largely will
determine tha future course of events.
The liberal papers, whlc'. yesterday
clamored for an open war of retaliation,
' owing to tha emperor's refusal personally
to receive the deputation appointed by tha
house, after sober reflection commend the
course of Parliament In overlooking the
point Of etiquette In view of the serious
work which tha country expects It to ac-
' eompllsh. The constitutional democrats
agrarian project will be attacked both by
the right and tha left. The radical work
men and peasant group, which now num
bers over seventy members, has decided
to make a right for the complete abolition
of private ownership and the establishment
of a system providing for the full na
tionalisation of land. While the members
of the right have a conservative land pro
gram of their own. the details have not
yrt been given out. They are trying hard
tu Induce the group of forty peasants, who
are holding aloof from party affiliations, to
Join them. They are proceeding on the
. theory that the constitutional democrats
and extremists by excess will discredit
themselves before the country and bring
about a reaction, which will give the con
servatives a majority at the next election.
As evidence of Its desire to work In har
mony with the lower bouse, the council
Of the empire, or upper house, has de
; elded not to press its own views of the
great questions awaiting solution, but to
await the Initiative of the lower house.
Jewish. Leasee In Session.
The Jewish league for the realisation of
equal rights for their co-rellglonlsts is In
session here. The attitude of their mem
bers In Parliament will be defined and all
questions relating to the Jews will be dis
cussed. It Is also proposed to make ar
rangementa for holding a congress of all
the Semitic organisations of Russia. Strong
opposition developed to the formation of
national group of Jewish delegates In Par
liament. After a long debate decision was
MORALES RESUMES ACTIVITY
former President of Santo Domingo
WASHINGTON. May S2 Disquieting
advices relative to revolutionary move
n.ents in Santo Domingo led to a con
rertme looay oeiween omciais or the
ritate and Navy departments. IVtalls of
these movements are vague and are dim
(Ult Of access, but It is gathered that In
substsnce they Indicate that ex-President
Morales, who for some time had disap
peared from the scene of activity, Is
now at or near St. Thomas snd is making
a determined effort to expel Caceres and
regain the presidency of Santo Domingo.
Heakes Democrats I nlnatrnrled.
flF.RRK. 8. P.. May ' -.Special Tele
gram. I The democrats of Hughes county
held a convention In this city today and
selected an uninstructed del gallon of seven
to the iuu coAvaaUon at Yanjusa.
REGRET FOR STUART'S DEATH
Ciir'i Government Concerned Over
harder of the American
ST. PETKRSR1'Tt. Mar 22 In response
to a formal request made bv Ambassador
Meyer to the Foreign office here on the
subject of the assassination of William II.
Stuart, the American vice cons il at Ra
toum, the flmhissador has received from
Foreign Mitiisti r Iswnlsky a note written
In his own hand expressing the govern
ment s deep regret nnd also stating that
the viceroy of the Caucasus had been or
dered to make the most rigid Investigation
of the crime and apprehend and punish the
Mr. Meyer applied for and received per
mission for the British consul at Hatoum
to represent American Interests.
Mr. Spring-Rue. the British charge
d'affaires, also sent a note to the Forelsn
ofllce, Mr. Stuart being a British subject,
and received practically the same reply as
WASHINGTON, May 22. Husslan offi
cials are making every possible effort to
capture the murderers of W. H. Stuart,
the American vice consul at Ratoum, Rus
sia, according to dispatches received by
the Stste department today from Ambas
sador Meyer h St. Petersburg, and Thomas
B. Heenan. the American consul at Odessa.
Mr. Meyer's dispatch says the reasons for
the attack on Mr. Stuart are still un
known. The murder took place at Mak
hlndjanurl, ard Mr. Stuart died an hour
after the ' t upon him.
POPE . OF HIS ILLNESS
Pontiff I.a Preaa Reports De
nt the Door
ROME, May '. provement In the
condition of the p .'V nties and the at
tack of gout Is co to have ended.
He waa able this m descend from
the apartment where . ives his audiences,
whlcn is on the floor below the one where
he sleeps, at'd received Cardinal Merry del
Val. the paral secretary of state. Mgr.
Bialettl. major domo of the Vatican, and
Cardinal Katsrhthalen, archbishop of Sals
burg, with whom he conversed for some
time The pontiff Joked about his Illness,
saying that he had been much amused by
certain reports In the press, depicting him
as being at death's door.
BLACK LIST DOOMED IN PARIS
Government to Prosecnte Employers
Who Interfere with Their
PARIS, May 22. At a cabinet council
today an Inquiry was ordered with the view
to prosecuting proprietors of the Vallerupt
Steel factory on the charge of Interfer
ence with the liberty of cltliena in handing
to other employers In their vicinity a Hat
of the locked out employes in order to pre
vent their obtaining employment. The gov
ernment, while the Inquiry Is In progress,
ill make provision for the locked out men.
The cabinet today decided that the law
providing for the separation of church and
state abolished the right of divinity stu
dents to a reduction of the tteual term of
FIRE BREAKS 0UT ONCE MORE
Conrrlerea Mine Again the Scene of
Disaster and Appre
hension. LENS, France, May 22. Fire has again
broken out in the Courrleres mines, where
the disaster of March 10 last occurred, re
sulting In the loss of about 1,200 lives. The
new outbreak Is causing galleries to fall
In and the strictest precautions are being
taken to insure the safety of the miners.
Francis Joseph Halls Peace.
BUDAPEST. Hungary, May 22. The
Hungarian Parliament was formally
opened at the royal castle today by the
emperor-klng, Francis Joseph, who In a
speech from the throne bid the deputies a
hearty welcome and expressed his keen
thankfulness that the misunderstandings
had passed away. "It Is painful to our
paternal heart," he said, "to look back
on the events of the recent past, which
disturbed the orderly course of constitu
tional life. We are thankful to divine
Providence that, following the desire freely
expressed, the disastrous misunderstand
ings have vanished, and it Is our ardently
cherished wish that the constitutional oper
ation of all the legislative factors may
remain undisturbed In the future."
King Edward Holda lvee.
LONDON, May 22.-King Edward held a
levee In the throne room of St. James palace
today. The prince of Wales, the duke of
Connaught, the cabinet ministers, the am
bassadors and many other distinguished
persons were present. Ambassador White
law Reld, who was accompanied by all of
the staff of the American embassy, pre
sented Third Secretary Oram Smith and
Arthur Harmon of New York.
Jewish I.eaane In Session.
ST. PKTKR8BCRO, May 22,-The Jewish
league for the realisation of equal rights
for their co-rellglonlsts Is In session here.
The attitude of their members in Parlia
ment will be defined and all questions re
lating to the Jews will be discussed. It Is
also proposed to make arrangements for
holding a congress of all the Semitic or
ganisations of Russia.
Stnrer's Leave Vienna.
VIENNA. May 22. Bellamy Storer. the
former American ambassador here, and
Mrs. Storer. left Vienua for Paris today.
They are going to the United States In thi
LEPROSY HAS BEEN CURED
Louisiana l.eper Home Board Reports
Three Cases la Which Dis
ease Haa Yielded.
NEW ORLEANS, May 22 In a lengthy
report submitted to Governor Blanchard
by the Board of Control of the IuWlans
I-eper home announcement Is made for the
first time that a definite cure has been
obialntd In three cases of leprosy. The
cures are mentioned In the reports of Dr.
Hopkins, visiting physician, and Dr. Isador
Dyer, consulting leperologlst. These pa
tients have been discharged.
It is stated In the report that the disease
continues to spread in this slate and that
the rases show evidence of a recent out
break and that there are certain centers
of Infection yet to be investigated. In
some instances the disease has been carried
to nontnfected points by patients who es
caped from the home. The legislature is
sked to locate all of the points of In
fection. The members of the board suggest that
an appeal be made to the federal govern
ment ta establish a fcosuiuj lor tbe lepers.
VANDYKE'S BOOR UNDER FIRE
Freibyterian Assembly Disoruuea Proposed
Book of Forma for Two Hours.
MOST INTENSE FEELING IS SHOWN
Definite Action Deferred I mil Later
in the Session Comherla nd
lalonlats win Injunc
DES MOINES, la.. May 22.-The much
talked about debate upon the adoption of
the ' book of forms and services" recom- I
mended by a special committee of the Prcs- j
bvterlan general assembly materialized late
this afternoon, debate continuing for two
hours. No conclusion was reached and
further discussion Is to he made a special
order at a late session. Not In many years
has an assembly been so stirred as It was
today over this Issue, and the most Intense
feeling was shown during the debate. Kev.
Dr. Robert Johnston of Montreal, Ont.,
waved a copy of the book In the air as
ho spoke and declared that "It smells of
priestcraft." The request was made by
the moderator that all applause be discon
tinued, but when Dr. Johnston, stretching
himself to his full six feet four, waving
his hand frantically, declared that the book
smrlled of priestcraft, applause broke out
in a tremendous roar.
Dr. Van Dyke, chairman of the commit
tee, opened with a witty allusion to the
psalm of David, which he said he had been
repeating, "for what we are about to re
ceive the Irfrd make us truly thankful."
"There seems to be two extreme
opinions," he continued, "some want It put
out and strangled under foot. Others want
it adopted. Your committee stands where
two seas meet."
He then took up the book and explained
Ita adaptability to the services. He said
that the committee had as best It could
only carried out the Instructions of the
general assembly. Dr. William F. Mr
Cauley of Cincinnati was principal speaker
for the opposition. He declared the ques
tion to be the most Important that will
come before the assembly. He based his
arguments principally on the belief that Its
authorization by the general assembly
would be interpreted by the churches
everywhere that the assembly wished Its
adoption, although It was not mandatory.
He said that such an authorisation might
prevent the union with the Cumberland
church. Mr. McCauley offered a resolu
tion excusing the committee from further
work and thanking It and declaring It In
expedient to make any recommendation on
the matter, and that in case editions of
the book of common worship are hereafter
Issued they shall omit any statement of
authorization by the general assembly. This
resolution was referred to the clerk. Rev.
Dr. Edward S. Young of Pittsburg and Dr.
Jesup of the presbytery of New York
spoke for the hook and Dr. Johnston and
Rev. Mr. Galloway of Oregon against It.
Today'a sessions of the general assembly
were devoted largely to home missions
and In adopting the report of home mis
sions board, the assembly voted that $1,000.
000 be set aside for the work next year, an
Increase of linn, 000. The assembly gave a
vote of endorsement to the Piatt bill In the
t'nltcd States senate for the suppression
May Consolidate Boards.
The Presbyterian general assembly today
voted to authorise Moderator Hunter Cor
bctt to name a committee of ten ministers
and eleven elders, one of whom shall be
from the Cumberland Presbyterian church.
In case union Is effected, to draft a plan
for consolidating all the boards of the
church Into one organization, to be divided
into executive, legislative and Judicial de
partments. A resolution was offered by Dr. E. Trum
bull Lee of Philadelphia, memorialising
congress to stop appropriations for sec
tarian purposes. This is the outgrowth of
the recent charges in congress that Catho
lics and Lutherans are receiving substan
tial assistance' from the government In their
religious work among the Indians. The
Presbyterian churches maintain a lobbyist
In Washington In the person of Dr. Wilbur
F. Crafts and to him will fall the duty of
pressing the memorial In congress. The
resolution was referred to the committee
on bills and overtures and it will undoubt
edly be adopted by the assembly.
The assembly today voted to combine
with the Hungarian Reform church and
the Reform church In the United Statea
(German) In Hungarian religious work.
These organisations were invited to name
committees of three each, to serve with
a similar committee from the" general
church In carrying on work. About
46,000 Hungarians come to America
yearly, and the desire Is to bring them
Into the Presbyterian church.
After the ftest Session.
Representatives of four cities are here
working for the next meeting of the gen
eral assembly. They are Columbus, Kan
sas City, St. Louis and Denver. The
next place of meeting will be decided the
last day of the convention.
The assembly has received a telegram
from the Presbyterian, church. South,
whose assembly Is In session at Green,
vllle, S. C, accusing the home hoard of
the Presbyterian church. North, with
offering southern churches . financial aid
to persuade them to change their affilia
tion. The southern church asked that a
committee be appointed for an Investi
gation. The North church replied by
telegram that the home board was guilty
of no such action and refused to appoint
Dr. Edward S. Young of Pittsburg
slated that In the offering of many over
tures having to do with benevolences and
the support of members In sickness, he
sees the, ultimate organization and main
tenance of an- Insurance society whereby
the assessments are made by the church
boards and the distribution of benefits
and premiums conducted by them. The
proposition will be discussed by the as
sembly. Increase In t.lfts to Colleges.
The report of the standing committee on
the college board to the Presbyterian gen
eral assembly shows a large increase in
the number of individual givers to col
lege and consequently a large Increase
In amount of gifts. The last year also
marked an Increase In the ordinary offer
ings of the church, there being 271 more
contributing churches and l' more in
dividual contributors. Increasing the total
of gifts to Sl.lH8.ftuO beyond the present year,
an unparalleled record. Specially important
was the gift of fcoa.OuO to the endowment
of Occidental college In Ixs Angeles and
a similar gift to Pennsylvania College for
Women at Pittsburg Generous offers were
also received from Andrew Carnegie. The
recommendations of the committee deal
largely with Increased effort along the
line of organised work In securing gifts
and endowment oi coll. tea.
Cnmherlaad Tnlnalets Win Salt.
DECATl'R. 111.. May U The legal con
test Instituted to prevent the union of the
tCouUCsed on Beooud fage.)
LA FIESTA FLORES BRILLIANT
t.os Angeles Oatdnen Itself In the
Great Spring Festi
IX")S ANGELES. Cal.. May 22. tSpeclal
Telegram. 1. Fiesta de las Flores for
11, celebrated this week. Jut n month
after the San Finnelseo earthquake, has
proved how ereat Is the recuperative power
of the Callfornlans. TIip city of Iis Angeles
Is entertaining "5,000 guests. In adrtl'hm to
the 15,oon refjgees welcomed from the
ruined city, although scores pf ls Angeles
business men who made the flesta possible
had lost heavily in San Franrlscu. The
floral parade this morning was the most
costly and the most gorgeous that has ever
passed through the streets of the city. It
was more than two miles lung and typltled
the spirit of California, which takes the
best from the old order of things for ia
In the newer civilization.
Spanish cavaliers and Castllian women
rode ahead of gorgeously decorated atito
mobllea and carriages, presenting an ex
traordinary picture of extraordinary beauty
for the great ansemhled crowds come to
enjoy the spring festival and to do honor
to the 3.000 nobles of the Mystic Shrine
who had Ignored the Imperial mandate
countermanding the Ixs Angeles meeting.
Merchants and business men extended a
generous hospitality to the crowd, aud
buildings along the line of march were gay
with fiesta colors. Japanese lanterns and
flags. Special Illumination was provided on
the four downtown streets, famous for
their five branched posts, with more than
300 candle-power each.
The electrical parade tonight waa one of
the most brilliant pageants, e-er prepared,
for It embodied the best that art and science
could produce. The sixteen floats, which
cost lll.ono, were so original and so unusual
that they caused a sensation. Effects never
previously attempted were . produced. A
gigantic hear, translucent and glowing with
a thousand lights, shook his head at the
crowds. A peacock with waving tall
feathers swept along behind him. Scimi
tar, star and crescent shone in honor of
the Shrlners. San Francisco, the symbol
of hope, brought out cheers that rang from
street to street. The Venice of America
sent a gondola of light. On all the floats
rode school girls, the students of the
Polytechnic High school contributing much
to the success of the pageant. The lights
on the floats, which were operated by
trolley, were supplied from the street rail
way power house.
The flesta program covers four days and
beach attractions are provided for the end
of the week.
ZION CITY IN CCURrS HANDS
Federal Judge ljindls of Chicago
Controla the Dowle Enter
CHICAGO. May 22. Judge Landls today
In the district court issued an order re
straining Wilbur G. Voliva and all of his
attorneys, agents and employes from dis
posing of, or In any manner dlealpatlng the
assets the the estate of Zion City. An In
junction previously ! Issued enjoining the
counsel of Voliva from a' mpting to se
cure the dissolution tof an . unction In the
state courts which pr"r'"nti Vollvn from In-,
terferlng with Dowle, waa dissolved by the
court. Judge Landls said that he preferred
to preserve the estate under ins own qrder.
An order declaring Dowle individually to
be Insolvent was entered by the court, but
it will not become effective until tomorrow,
because some of the creditors desire to
contest the Insolvency of Dowle.
In making these orders Judge I-andis said
that the agents who had been appointed by
him for the purpose of examining Into the
conditions of affairs at Zlon City had re
ported to him that the Zlon City Industries
can make money, that there has been no
misappropriation of funds and that under
proper management the eetate can be made
to pay 100 cents on the dollar.
CONSULS CONCEAL AND LOSE
One Inezpertcd Resalt of the Law to
Reorganise the Consulnr
WASHINGTON, May 22.-One of the un
expected results of the consular reorganiza
tion act now being placed In operation Is
the discomfiture of somo consular officers
who have been concealing the actual
amount of the unofficial fees of their of
fices. The practice was not dishonest in
one sense, for the consuls are In many
vases permitted to retain sll such fees.
But for the sake of the records of the de
partment and In order to enable the offi
cials to know the state of business of the
consulates It was required that all such
fees should be accounted for. Some con
suls feared that to publish the amount of
such fees they received would be to make
their offices too attractive to offlceseekers.
so they failed to make the full returns.
Their punishment came when congress
passed the reorganization act on the basts
of substitution to lump salaries for the
combined salury and fee system of com
pensation. There was no intention of re
ducing the compensation of many of the
consuls, but it has naturally followed that
the consuls who failed to return their full
fees have suffered a substantial reduction.
NONUNION MINERS DESERT
Imported Men Join strikers In Ohio
and llcfeat Company's
SMITHFIKLD. O. -May Desertion
frum the ranks of the nonunion men Im
ported by the I'nlted States Coal com
pany have so crippled the available force
that the company has been unable to start
its mines today as expected. Of over
thirty miners brought here eight remain.
One hundred men were brought from
Chicago last night. Fourteen of them
arrlted at Plum Run. The remainder
were persuaded by union delegates to de
sert. The men now st the mine, sixty In
number, are absolutely insufficient to man
the machines. The union officials claim a
victory. There was more tiring in the
hills last night, bul there are as yet no
reports of pemjna, injuries.
TERRK HAVTE. Ind., May Zi.-Mlne-
and operator of Indiana niet here tudav
and referred questions In dispute to a com
mittee composed of twelve men from each
REPUBLIC OIL LEAVES OHIO
COM'MBT S. O., May JI-The Republic
Oil company, subsidiary to the Standard Oil
company, todav announced to the secretary
of state Its withdrawal from Ohio
Mrs. Davis Recovery Espeeted.
NEW YORK. May S.-Mrs. Jefferaon
Davis was reported aa so much better
today that her rvovi r wu considered
CITY COUNCIL PROCEEDINGS
Johnson of Fourth Ward Elected President
After Many Ballots.
DAVIS OF EIGHTH BREAKS THE DEADLOCK
Long Fight Rnde'd Snddenlr and ew
Administration f.ets I nder
Way' with Paving Rids
On tha llfltVt kalln, U - . n. .1 - . I
,nf- urn uiiiucrniir t
city council succeeded in electing a presi
dent last night snd organizing for its term
of three years. Councilman L. H. Johnson !
of the Fourth ward mas made presiding
oflV-er by the vote of Councilman Davis,
who had been allied with the Bedford fac
tion. Johnson was one of the "big six."
constituting the Funkhotiser crowd, whs
rlalmed a victory by virtue of his selec
tion. Councilman Bedford was elected
temporary president by acclamation. Or
ganization was accomplished after two ses
sions had been held for the purpose on
Monday and Tuesday afternoons.
An audience that filled the lower floor
of the chamber was present to see the
termination of the presidential struggle
snd the demoera" ike possession of the
city's law maklni, 9 lachinery. Sheafs of
roses presented by admiring friends stood
on the deeks of Councilman Zlmman,
Bridges and McGovern. Mayor Dahlman.
his wife and daughter Ruth were there to
see the ceremonies.
Mayor Brown Preaent.
After they began the mayor espied
Mayor Drown of Uncoln in the throng.
He promptly escorted the Lincoln execu
tive to a seat by his side to the right of
the rostrum. On the way Mayor Dahlman
presented Mayor Brown to the assemblage,
"I want to introduce to you the mayor
of Lincoln. He Is a democrat. 1 want him
to see how we do things In Omaha."
To which Mayor Brown blinked ponder
ously, and, evidently observing that the
new hands had not yet succeeded in
electing a president, ejaculated:
"I am afraid you are yet in the primer
class of the business, gentlemen."
This remark rather chilled the atmos
phere so far as the statesman from out
In the state was concerned thereafter.
W. H. Elbourn, . retiring city clerk, ap
peared loth to lay down the official bur
dens under which he has staggered for
six years. He officiated as general coach
and tried to count his foeman. Councilman
Zimman, out of the making of Johnson's
election, unanimous. The latter waa on the
alert and promptly denied any lack of cour
tesy to the associate chosen for presiding
officer After Mr. ' Johnson mounted the
throne and grasped the gavel It was ap
parent he had not schooled himself for the
Job. Whereupon Comptroller Lnbeck occu
pied a chair beside him and endeavored to
oil the channels of legislation, guch as
Diagram of the ltaatlnn.
When the democrats met Monday after
noon to organize there were two leading
candidates for president Bedford and
Funkhouser. The first afternoon's Jockey
ing developed that Funkhouser and five
others were- cemented -together-ae -Arm as
Gibraltar, that Bedford had four other
members rallied to his standard and that
Zlmman refused to mix In the contest of
the democrats. It required seven votes for
a choice and forty-one ballots produced
nothing but the consumption of the time.
Overnight little waa accomplished In the
way of cutting the knot. Incipient bitter
ness between the factions developed. Yes
terday afternoon half a hundred ballots
were taken without assembling seven votes
for any one man. Funkhouser offered to
withdraw If Bedford would agree, but the
latter did not meet the terms. In the even
ing Bedford offered the same terms, but
then Flinkhouser declined. Meatihwlle
every other democrat except Hansen was
put in nomination. The Bedford strength
swung to Bridges and with Elsasser's vote
Bridges had six In his favor on several
ballots. Every man on the Funkhouser
ballot received at least six votes at one
time. Jackson and Davis declined to be
Davis Breaks the Deadlock.
Johnson was not put in nomination until
Just before the 109th ballot, when the coun
cil convened for the evening session. His
name was put forward by Funkhouser.
Not until several ballots later did Dr. Davis
sever allegiance to the Bedford faction.
JohnBon was elected without any prelimi
nary Intimation by the combined Funk
houser strength and the Davis vote. The
result was greeted with loud applause. The
election was then made unanimous by a
rising vote on the motion of Bedford. John
son thanked his associates and said he
would try to be fair to everyone and was
escorted to the chair by Bedford and Funk
houser. The vote that did the business stood:
For Johnson Brucker. Elsaaser, Davis,
Funkhouser. Johnson. . MrtJovern. Sheldon
For Bridges Bedford, Bridges, Hansen,
For Zlmman Zlmman 1.
C'oancll Begins Its Work.
With the doing of this deed the function
of Retiring City Clerk Elbourn waa finished,
according to law, hut he wished the council
to quit without handling the business he
fore It on the ground that the clerk had
not had time to prepare any papers. Cltr
Engineer Rosewater Immediately pointed
out that bids for paving and sidewalk con
struction were to be opened in accordance
with stipulations and should not he shirked.
Councilman Zlmman urged the transaction
of business and his views met with ap
proval. The difficult papers and documents
were procured with a few minutes' delay
and routine business dispatched.
On the suggestion of Zlmman the old
council rules were adopted, to be operative
The paving bids were for three districts
and reveuj prices about as low as last
year. They are as follows:
District 8u5. Eighteenth Street. Harney to
Ht Mary s A venue Charles E. KannliK.
hrli k block. K m . Hugh Murpny. asphalt,
i; brick, lid" and 12 11 , Barber Asohalt
PvM'ig company, asphalt. II. and II O.
iMH'dcl o.i7. Howard Street, Twenty,
seventh tr Twenty-eighth Hugh Murphv,
asphalt. 1210; brick. 12 12 and 1215: John
(irnt, asphalt. 1.: Barber, asphalt, fl.65
and 11 5S.
Instiict Davenport. Twenty-flfth to
Twentv-sixtli-Fanning, brick. 12.01; Hush
Murphy. aaphV.t, II '; brick. 12 and 12.11:
John r.r.uil m ,'ilalt. I1X. Barber, asphalt,
11 63 and 11. D9
Bids for Hi construction of sidewalks
In the four districts covering the city were
received for t.'te second time and referred
to the engineer fur tabulation.
Zlmman Gets Meant Cnarteey.
The flnsl dig of the departing Elbourn's
claw In Zlrnman's hide developed when a
resolution was read and adopted assigning
the desks in the council chamber to the
councllmeji as arranged by the city hall
superintendent. Zlmman hsd expressed a
desire for the desk given to McOovern and
in accordance with the rustnms of civilised
(Continued Qn , RtccuA Pace.)
NEBRASKA WEATHER FORECAST
Fair In Fast. Showers In Meat Por
tion Wednesday. Thnradny -lr.
Temperatare at Omaha yesterday!
1 I a.
1 p. m ,
it p. ni .
.1 p. m .
I p. m ,
A p. m ,
I p. m .
7 p. m .
H p. m .
ft p, m .
COMMITTEES J-CR ROSEWATER ;
Organisation of tampnlan Completed
nt Most Enthusiastic
The candidacy of Edward Rosewater Tor i
the Cnlted States senate was given n de
cided tinnvt Tuesday night nt the meeting
of the eltisens' committee heretofore ap-
pointed to further this movement whlrh has I
gained such great headway during the last I
week. The meeting was held on the top
floor of The Bee building and was attended
by 1M) of the committee of 1T5 of leading
citixens. A large delegation was present
from South Omaha and a good representa
tion from the country precincts. Much fti
Ihuslasm was manifested on all sljlen over
the progress which Is being marie In I lie
campaign and several rousing speechew
were made which were roundly applauded.
After Chairman Baldrlge had called the
meeting to order Freeman Tucker moved
that a committee of nine be named to se
lect a list of delegates t.i be voted for to
go to Lincoln to secure the nomination of
Mr. Rnsewnter for t'nlted States senator
by the state convention. Mr. Bahliige
named the following gentlemen: Robert
Cowell, chairman: Freeman Turker, Victor
Rosewater. Harry B. Zlmman, Frank Kout-
sky, John L. McCague. Oeorge Shepard, L.
C. Gibson and John T. Yates.
On motion this committee was constituted
an executive committee to have general su
pervision of the campaign In Douglas
county for the nomination of Mr. Rose-
A recess was taken, to permit the commit
tee of nine to name temporary ward presi
dents, as follows: First. E. A. Willis; Sec
ond, Fred Hove; Third. Harry B. Zlmman:
Fourth, W. A. Foster; Fifth. George A.
Shepard: Sixth. J. L. Jacobson: Seventh,
John Grant: Eighth. Joe Hummel; Ninth.
George D. Rice: Tenth. Fred Bruning:
Eleventh, A. D. Brandels; Twelfth. F. C.
Craig: South Omaha. David Anderson. B.
E. Wilcox. Frank Koutsky, Rev. F. M.
Sisson: country, J. H. Rlggs of Waterloo.
E. O. Solomon of Renson, and othera to
Reports made by various members were
all of the most encouraging kind. Repre
sentatives of nearly every section of the
county told of rapidly growing sentiment
for Mr. Rosewater and predicted that he
would have an overwhelming preponderance
of rotes If It came to a contest at the
primaries. News from out In the state was
equally encouraging, being to the effect
that. In addition to the large number of re
publican newspapers that had espoused his
cause, prominent and Influential republicans
In nearly every county were coming out
openly for Mr. Rosewater, practically as
suring Jilm g following In the convention
that would make his endorsement for sena
tor certain. The meeting disbanded with
everyone In a roost enthusiastic frame of
mmd. ' AH agreed that Omaha had never
before had a campaign committee of this
kind, of such a representative character
and whose members had responded to a
call for a meeting with such unanimity.
FAMOUS PAINTER IS DEAD
Body of John Mnlvaaey the Artist
Fonnd Floating In East Blvrr
Mear Xcw York.
NEW TORK. May 12.-Papers found to
day on the body of a man taken yesterday
from the East riv.er led to the belief that
the body Is that of John Mulvaney, the
painter of "Custer's Last Stand," a picture
which has been exhibited In every large
city In the I'nlted States. Some of the
letters bore the nsme and address of "John
Mulvaney, Brooklyn." Several of the let
ters contained references to "Custer's Ist
The body was positively Identified tonight
ss that of the painter by his sister, Mrs.
Alice Muldoon. Mulvaney, according to his
sister, has been missing from his home in
Brooklyn since May I.
John A. Crelghton has a
brother, Edward Crelghton,
portrait of hia
painted a num.
lvaney. and for
In Chicago and
le thought Mr.
her of years ago by Mr. Mu
which he received 1750. Mr.
the painter Ave years ago
has not seen him since. 1
Mulvaney had died two or t
hree years ago.
Edward Rosewater also
painted by Mr. Mulvaney.
The painter was (rlglnally
has a portrait
from Elden, la.
WORKMEN IN GREAT DANGER
Exploding Steam Pipe In Glucose
Plant Injares Several Men
NEW YORK, May 22 A snore of men
employed In the engine and dynamo rooms
of the New York Glucose company's plant
in Bhadyside. N. J., on the west bank of
the Hudson river, opposite Ninetieth street,
this city, were more or less Injured today
by the. explosion of a big steam pipe. The
roof of the building was blown off and
the wreckage caught Are. Some of the
thirty men mho were at work In the
building had narrow escapes frum death,
hut were taken out of the biasing ruins
by their fellow laborers from sdjolnlng
bull lings belonging to the same company.
In the confusion which followed the ex
plosion many reports of serious luas of
life were spread among tne relatives of
the employes, thus exaggerating the ex
tent of the disaster. The company's force
and local firemen fought the flames, which
threatened to destroy several other build
ings In the big glucose plant
SHERIFF KILLS A BAD MAN
Officer Bents the Bad Man to a tion
nnd Result Is tine Bad
CHEYENNE. Wyo.. May 2j.-i Social
Telegram.! James P. Buylan. a bad man.
was killed by Deputy Sheriff Young wMle
resisting arrest at Garland last night.
Boylan. who formerly resided In Cheyenne,
was suspected of being a member of a gang
of outlaws which planned to rob a bank at
Lovell last week.- Boylan got wind of the
fact that their plans were known to the
officers and attempted to leave the country.
When comma ndeq to surrender he at
tempted to get h gun snd was shot dead.
Officers are not on the trail of other
members of ths gang. A widow of the
dead man. la nig it, caabieg 1b Ult Union,
faclflo dialog rooio. bare, ...
HATE CASE VICTORY
Government 8r ores a Bic Point in Hearinr
at Kansas City,
OVER EXPORT RATES
Jue MfFherson Holds that They Mnrt
Be Published Like Other Tariffs.
railway officials must stand trial
Demurrers Tiled by Individuals and Corpo
rations Are Overruled by the Court.
TEXT OF THE COURT'S OPINION
Shipments from Inland Points Are
Interstate Commerce Cntll
Transferred to Shins
KANSAS CITY. May 22,-The demurrer
of the Burlington railway dcnvlng he
Jurisdiction of the government in export
freight rates wa overruled In the United
States court here today by Judge Smith
MeFherson of Red Oak, la. The decision
Is of great importance to many railroads
and shipping Interests and of particular
weight In the present instance, because it
destroy th contention of the railroads
that export ratca need not be made public.
It means, too. that the Burlington and
other railroads and other corporations and
persons Indicted here st December must
go to trial lor granting rebates.
The trial of the Burlington was set for
Exports to Canada or Mexico, as "ad
jacent foreign countries." are not involved
In the questions at Issue. "It Is urged."
Judge McPherson says, "that It la not
within the power of congress to burden or
control commerce destined to points be
yond the seas, even though that commerce
originates at an Inland point, tha argument
being that seaport cities can have no law
ful rights which can he denied to cities of
It la the opinion that congress has the
power to so control and legislate. Atten
tion was drawn to the report of the Inter
state Commerce commlsaion, December 14,
1906. in which It was said "that It was a!
mooted question whether the present act
requires carriers to die and maintain tariffs
under whlrh they transport exports and
Imports, but the commission had a number
of times decided that tha statutes covered
"The same section," the decision says,
"defines the kind of commerce covered by
ine act ana Includes that 'from the United
States to a foreign country.' The fact that
IfWO.OOO.coo worth of exports are shipped
from the United States," the decision con
tinues, "is a powerful argument In favor
of the proposition that they should not be
hampered with rate tariffs difficult or Im
possible to observe because ocean re tea
vary from day to day; but Is this an ar
gument that can persuade the courts upon
the question of what construction shall be
given a statute ii auch statute la a valid
The statute. Judge Mcpherson says, for
bids lowering the rates except on a three
days notice, and raising them except on
ten daya' notice. "It Is clear," he con
tinues, "that carriers by railways and
water inland, when acting under a com
mon agreemrnt are covered by the statutes,
as well as commerce by any method with
an adjacent foreign country. And
interstate commerce. It la lnelnri4
cause these are sDeciflcallv en 1 1 m .ru ImA
is contended that all othera are excluded.
Conceding the force of this elementary and
recognised rule of construction there. In
my opinion, is the error of the entire ar
gument of defendant's counsel. Congress
did not enumerate ocean commerce because
It would have been frivolous to do so."
Judge Mcpherson says full force can be
given to the statutes only by enforcing it
on shipments to New York and then trans
ferring the merchandise to vessels when, of
course, It passes from the jurisdiction.
"And It seems to me," he says in con
clusion, "that when this is done it can be
under an established rate, proclaimed by a
published and posted tariff rate."
Demurrer Is Overrated.
The government announced that it was
ready for trial in three of the rebate cases.
The cases called were those of George L.
Thomas, a freight broker of New Tork
City, and hia chief clerk, L. B. Taggart,
under Indictment for alleged conspiracy in
securtne rebates for ihintun ,
. . -IIU ...Kb
against George H. Crosby, assistant freight
iramc manager or tne Burlington railway,
charged with conspiracy In giving rebates.
These men were Indicted In December
last with other railway and parking house
officials, whose trials have been set for
a later date. H. B. Duncan, a special agent
of the Department of Justice, arrived here
yesterday to assist in prosecuting the cases
and will aid A. S. Van Valkenbuarh. United
States district attorney, and Islle Lyons,
assistant district attorney. The govern
ment has forty witnesses, among whom la
J. A. Roberts, an expert on rates. In the
employ of the Interstate Commerce com.
Judge Smith McPherson of Iowa, sit
ting in place of Judge John F. Philips,
overruled the demurrer or the Burlington
rsilway to indictments against officials
of that company, and they must now go
to trial. The defendants, In a demurrer
flled several weeks ao. contended that
(ougress waj without power to enact leg
islation regulating export rates In the
giving of alleged rebates In which the
Burlington was charged with having vio
lated the interstate commerce, act.
Iteaaonlnn; of the Conrt.
Judge McPherson said In denying
"The Import case (12 I". 8. 17)
not of or concerning the ocean rates from
New Orleana to San Francisco by rail,
and, applying the holding of that case to
the one at bar, why should the statute
not cover exports from Kansas City to
New York City, even though the purpose
Is evidenced by contrsct by a single and
true bill of lading, and the purpose is
to at' once place the product on an ocean
vessel destined to an European country."
He continued: "It Is apparent to many
and the commission recogtilres that by
many it Is believed that to bring all
export shipments under this statute will
work Injury to the Psclflc const, and to
the south In exports of cotton, and that
the ssme Is true as to the grain grow
ing and cattle raising Industry of the
west. If It be said that the right of
contrsct therefore be denied, the answer
Is that no one provision of the constitu
tion must he subordinated to another,
and full f' rce anil effert ion be given tu
hoth by ei.for.ing Iih statute on ship
ments to New Yoili and th'n transferring
the merchandise to the vessels when, ol
conraa. it rjajtaes from under tha uaittt.
Ia It-aeema t ma tbt a this u
Powered by Open ONI