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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 14, 1906)
Omaha Daily Bee The VOL. XXXV -NO. 300. OMAHA, THURSDAY MORNING, JUNE 14, 190(i-TEN PAGES. SINGLE COPY THREE CENTS. ? V., f MEAT BILL READY Hotue Committee Acreei Upon Amendment FroTidioc ff Inpection. nnvrRMMFNT TO PAY THE COST " JLotomatic Appropriation of $2,000,000 a t Tear is ProTided. I PROVISION FOR FORCE OF INSPECTORS Appointment to Be Made rm Befer enoe to Oiril 8ert . . LABELS WILL NOT BEAR . . 'J. Thry Will Show that Product V from Healthful Meet, and rat l In Sanitary Manaer. WASHINGTON, June 1S.-A meat In spection provision was completed by the house commute on agriculture today and will be presented to the house probably to morrow. It la declared by the committee that the provision will insure -thHt Amert can meat and treat products are health ful, clean and In every respect wholesome and fit for food. Tli Important features of the legislation are that It places tho cost of the inspec- tlon on the government and makes an an nual automatic appropriation of Si,O00,000 to pay the expenses. It requires a rlKld post mortem and ante mortem Inspection of all animals killed for all meat and meat products which enter Interstate com merce and In addition to this label a cer tificate of purity to the carrier and to the secretary of agriculture for such products which enter foreign commerce. . Appointment of Inspectors. To secure this label the product must be handled in accordance with sanitary regulations to be prescribed by the secre tary of agriculture, who Is authorized to employ, without regard to the civil ser vice law, for the first year, an adequate corps ot efficient Inspectors to supervise the enforcement of his regulations. It prohibits the use of preservatives or chemicals deleterious to health In the prep aration of meat foods and loaves tho de termination of this question to the secre tary of agriculture. The label on the prod uct is to indicate the Ingredients, but the date of manufacture is not required. The sanitary requirements which the secretary Is -to prescribe and enforce must ' Insure complete sanitation as to all build- ngs. whether slaughter houses or canning stabltshments. Peaaltlea far Violation. Many penalties are provided for violations of these provisions. The common carrier is subject to a heavy penalty if he accepts for transportation any goods not bearing the government label, or In case of foreign ship ments, in addition to the label, the required i-rrtificate. The packers are subject to a heavy penalty for false labeling as to con tents of package. Trade names are to be allowed In some cases,. In the-discretion of the secretary,' hut -in all cases the con tents of the package must be stated. The violation of any of the regulations Is made a misdemeanor, punishable by a fine not to exceed flO.Oon or Imprisonment not to exceed two years. There is a special penalty for bribery of luspectors. this being imprisonment for from one to three years and a fine of from 11,000 to $10,000, the same punishment being provided for the acceptance of a bribe by an Inspector. Farmers and small butchers are excepted from the operation of the. regulations. These conclusions of the committee were reached after three days of consideration, following the exhaustive hearings held In connection with the official reports regard ing conditions in the packing houses at Chi cago and the statements of the packers and representatives of the live stock raisers. Committee Is Divided. The new measure represents the Judg ment of nine members of the committee as against seven who preferred the Beveridge amendment, slightly altered. A minority report will be made to the house by somei of the dissenting members. During the afternoon session today, the entire Texas delegation in the house pre sented Itself to the committee with the plea that the cost of the Inspection be placed on the government and not on the peckers. If the latter course was pursued. It was ststed. the puckers would not only throw this vmt back on the producers, but would also undoubtedly make a double assessment, by charging it to the consumers. IMIItt CIVIL Bll.l IS hoi -hk Proposition to abolish Receivers In Land Offices Rejected. WASHINGTON. June IS. There was round of applause from both sides of tlio chamber when Mr. Hamilton of Michigan reported In the house today that the con ferees on statehood hud reached an agree ment and asked that It be printed In th'i Record. The day , was spent on the sundry civil appropriation bill, and with the exception of an hour occupied In considering thu piopoaed abolishment of receivers of land Iflni, which measure the house refused to auction, the entire duy was taken up with the consideration of appropriations fur tbs I'nltsd states geological survey, members of the appropriations committee being severe in criticisms of offlvlala of the survey. "The geological survey was established to car for the territories, leaving the tatea to make surveys for themselves." aid Mr. W. I. Smith of Iowa. "It grad ually spiead to the atatea and the director, without any authority of law, established a system of aurvey whereby f a state would put In a specific sum he would out nf the appropriations put In an equal amount." Mr. Smith said that this had resulted In the rich states, by thus paying, buying the national appropriations away from the poorer stairs, and aa a result Massa chusetts, Connecticut and Rtiode Island are all surveyed, while the western states, for which the aurvey was founded, have had little done. "The appropriations should not b Increased until we liave passed such legislation as will compel the director to fairly distribute the work over the coun try." The appropriation waa increased from Wuo.OOO to 1300.0 . The house concurred in the aenata amendment to the bill to transfer Clinton county. Iowa, from the northern to the southern Judicial district of that Hate, and at 1 p. m. adjourned until 11 o'clock tomorrow morning. Diplomatic Bill la t aferenee. WASHINGTON, June 11 The diplomatic 'and onsular appropriation bill aaa aeut to i ma o t4X bt tottM. ff" 13 AURD AT MTI Dlsaffertlan of Troops aasea Mark I neat f Nnltr. AT. PETERSBURG. June 13-Tlie emperor and the court are understood to be much alarmed at the sudden recrudenoence of a muttnlous spirit among the troops. Reports received by the Minister of War indicate that the revolutionists are direct ing oil their energies to the propaganda In the army. At a doien places the aglta'ion has resulted In open mutinies. The Twen tieth Century (formerly the Rubs) says that In order to meet the danger In this quarter when the government declares the Parliamentary recess June 2 It will im mediately proclaim all the districts where the fidelity of the troops is shaken to be under martial law. Among the projects worked out by the vernment for submission to Parliament ''' '. drawn up by the minister of Justice .'. "alt public prosecution of officials Ikl. I . I- . ......... , thai. su, ..ors. Military and naval officers, how ever, will be exempt from the operation of the proposed law. The Novoe Vremya says the government's project regarding the Improvement of the conditions of the Jews does not remove all their disabilities or place them on an equality with' Russians, but simply alxillshes the "Pale" removing the restric tions as to residence and the limitation of the trade, In which they can engage. The Rech. organ of the constitutional democrats, appeals to all friends of free dom to not go too fast, saying: We must carry the government by siege and not by assault. The fate nf the abortive attempt to set up a republic In the Baltic provinces without the power to support it proves the futility of a mere paper declaration of the assumption of power, it is too early yet to give tne masses the word to advance. BRYAN AT ST. PETERSBURG Nebraskana Will Remain Vntll Filday aad Dee the Dnma at Work. r ST. PETERSBURG, June 13. William J. Bryan and Mrs. Bryan arrived here today from Berlin. They will remain here until Friday, when they leave for Stockholm and Chrlstlania on their way to London. where Mr. Bryan will deliver an address on the Fourth of July. He expects to wit ness the coronation of King Haakon at Chrlstlania and is due to arrive at New York August 5ft, Mr. Bryan came to St. Petersburg to get a glimpse of the Russian Parliament and study at close range the epoch making polities I struggle which Is convulsing Rus sia. He has arranged to visit the house tomorrow and confer with the leaders of the popular movement. Today Mr. and Mrs. Bryan were the guests at luncheon at the Klelnmlehe! palace of Ambassador ard Mrs. Meyer. Mr Bryan expressed his full endorse ment of the plan of Govfrnor Cummins of Iowa for a meeting of the governors at states to secure concerted action looking to a constitutional amendment providing for the election of senators by the direct vote of the people. NEW YORK, June 13. William J. Bryan. Jr., arrived today from Bremen on the steamer Kaiser Wllhelm II after having left Iila father on his travel. , "I was surprised," said young Bryan, "to find how well my father was known wherever we traveled. They knew about him even in the wllda of India and In China. They knew, too, that he had never been presi dent, but that he had run." INVITATION FROM BELGIUM Congressman Longworth and Wife Asked to Visit Ruler of the Matlon. I.ONDON. June 13. Congressman Nich olas Longworth and Mrs. Longworth have, through Ambassador Reid, received an in vitation from the king of the Belgians to be his guest at the royal palace, Brussels. In thanking King Leopold (or the Invita tion Mr. Longworth explained that their tour to Europe Included only short stays in England, Germany and France and that therefore it would be Impossible to accept the king's Invitation. Mr. and Mrs. long worth spent today visiting friends in the country. Tomorrow morning they and Am bassador and Mrs. Reld will lunch with the speaker of the House of Commons, James Lowther, and Mrs. Lowther, and they will spend the rest of the afternoon in the House of Commons and House of Lords. After the concert at Dorchester house yesterday evening Mrs. George Vanderbllt was formally presented to King Edward. His majesty waa particularly pleased with the concert, asked for Mme. Karnes and complimented her on her singing. The king Is said to have been charmed by Mrs. longworth; in fact, her quiet dignity is most attractive to the English. (GENERALS VISIT SOLDIERS Disaffected Vrtrraas from ta neb aria Receive Call fro an Kaalbars aad goakhonallaolf. ODESSA, June 13. Generals Kaulbara of Odessa and BoukhomllnolT of Kiev start tomorrow, accompanied by large staffs, on tours of inspection of the garrisons in the southern and southwestern provinces, where the disaffection of numerous regi ments Is increased In gravity. The seri oqsness of the agrarian situation ia enor mously enhanced by this military discon tent, which, Independent testimony avers, Is purely political. Hungarian Fatlmate. BUDAPEST. June 13 The estimates for 190S prei-ented to Parliament today ahow the Hungarian revenue to be about $250,000,. 000 and the expenditure 1514 less. The bud get provides for Increases of 17,000,000 for military equipment and new armaments, M.OOO.OoO for railways, li.fio0.000 for roads. for srhools and 111(10,00 for agri culture. The flnaoce minister proposes to Issue $40100,080 in 4 per cent rentes to be expended for reproductive purposes. 'Frisco Fir l,oss. LONDON. June W. At a meeting of the Royal Exhange Assurance corporation to day 8ir Neville Lubbock, governor of the corporation, said the corporation's loss by the fire at San Franclsiu waa from IjO. GCO.0C0 to U2.5OO.0G0 out of a totai nsk ot U4,500.ou. The directors advocated a reasonable compromise in dealing with claima where the destruction of property waa due In part te the earthquake. CHRISTIAN! A, June 13. King Haakon, Uueen Maude and Crown Prluce Olaf left today on a special train for Trondhjem, preparatory to the kings coronation June 21 The principal civil and military au thorities were In attendance at the railroad station, where a large crowd gave th sovereigns a hearty aeud-oJT POLITICS IN THE POSTOFFICES 0. W. Wtttlet Sari Let Postmaster. Mix in Campaign Matters. WOULD ABROGATE RULE PROHIBITING IT Business Sessions ot the Convention Are Held at the Crelwhton Col lege of Law on Eigh teenth Street. The format business session of the post masters" convention assembled at 10 o'clock Wednesday morning at the Crelghton Col lege of Law. The proceedings began with a short address by Clurdon W. Wattles on the "Relations of the PostoiTlce to the Business Public." Mr. Wattles spoke ot the extreme importance of the postofTice department to all relations of public and private life. He paid a high tribute to the honesty and efficiency of the postmasters and their assistants. He thought their pay should be commensurate with their responsibilities. He believed that the rule that postmasters should not engage in political activity should be abrogated, be cause all good citizens should engage In political activity because the political at mosphere would be cleared by good, re sponsible men taking a part therein, and he thought the tenure of office should be gauged by efficiency and Integrity, rather than by administrative term. G. M. Hitchcock spoke briefly upon thi "Relations of the Press to the Postotfice." Theater Party at the Boyd. The postmasters were present last night at a theater party given by Edward Rose water at the Boyd. Mr. Rosewater sends greetings from Rome, and his letter was printed In fac-slmlle In the souvenir pro grams of fhe occasion. The theater was comfortably filled, the first floor with the postmasters and their "families and the balcony wth the employes of the postofflces of Omaha and South Omaha, and the rela tives a'nd friends of the young people, of the stage, who furnished the entertainment. The program, consisting of two dramas, a comedy and a farce, was given by the Boyd School of Acting, under the direction of Miss Lillian Fitch. It was entertaining to a high degree, and even though a little long, held the Interest of tho audience. Perhaps the favorite of the four little one-act pieces was "The Sword of Remem brance," In which the enduring love of an old man for the lost sweetheart of his youth, teaches a young girl that a man's love, may not be unstable, as she has al ways made herself believe. George Bald win Phelps was wonderfully efficient as Colonel Washington Fitxhugh, the old man, receiving warm applause, while Miss Fan nie Dletrlck was equally as popular as "the girl." They were assisted by Clifford Hlne and Miss Jessie Barton. In "In the Eyes af the World," a young man gives up the girl he loves, even after she "has come to his house on the eve of her wedding to another, to tell him that she loves him. She is above his station In life, and he gives her back Into the keeping of the nobleman to whom she is engaged. Clifford Hlne played the hero. Miss Bernlce Cloyer the heroine, and Dan Blair was Lord Pontecraft. Eugene Royce and Clinton Hlgby filled the minor parts. "The Three Miss Biddies" deals with the complications' arising fropt the matrimonial tendencies of Ann, Grace and Bessie Biddle, known in real life as Miss Stella Beselln, Miss Marie Cash and Miss Hazel Brown. The mere man hopelessly Involved Is Reg inald Ronald Ralston, otherwise Clinton Hlgby. Miss Stella Beselln had the title role In "The Mistng Mrs. Pettl.lohn," leaving her husband after ten weeks and going to her mother, with him In frantic pursuit. Mrs. Pettijohn is funny, and funnier com plications are afforded by Miss Llll Lee, as tne eloping Sally Page. Others in the cast were John Travis, Miss May Iverson, Albert Hall, Miss Vivian Pates, Miss) Anna Madsen, Miss Harriet Sutherland, Miss Marie Cash. Miss Hazel Livingstone, Miss Haxel Brown, Miss Gwendolen Pates, Miss Bernlce. Cloyer, Perle Elerdlng and Claude Davis. LOOKING FOR YELLOW FEVER rrr Orleans Has Sixty City Blocks I nder Rigid Inspection by Physicians. NEW ORLEANS, June 13 As a preiau Hon against possible yellow fever out breaks In thla city tho atate and city Boards of Health announce that sixty city blocks are now under a searching system of Inspection and that those portions of New Orleans outside of this closely guarded section are being watched through co-opeVatlon of - every physician In the city with the Health bourds. The sixty blocks under special supervision are thone In which the yellow fever epidemic orig inated or was worst last summer. . . Several cases thought to he yellow fever have already been reported to the health uthorltlea thia year. Each of these has been examined several times by the state Board of Health, acting In conjunction witii a committee of three local physielana. These examinations have resulted in fl rul ing that'each case was not yellow fever. WASHINGTON, June 14. The Isthmian Csnal commission received the following dispatch yesterday from Governor Magnon at Panama: No fever or suspected cases in Colon. Doubtful case reported May 23 evidently not yellow fever, at Cristobal, Colon, con tains over li.000 nonimmunes and no e- since. Health conditions excellent. Deaths of employes during May. five wmis. tori nlne colored, smallest percentage for lust twelve months. ROD IN PICKLE FOR LAWYER 1 nlted States Attorney Must Explain Why illegal Fearer Reeelred Light Sentence. WASHINGTON, Juna IS. Secretary Hitchcock has called the attention of the attorney general to the facts in the case of Henry G. Weare. who waa recently sen tenced by the Judge of the Wyoming United 8tatea district court to one day in Jail and to pay a fine ot 1300 after plead ing guilty to an indictment charging him with the illegal fencing of 150, 0AJ acres of government land. United States Attorney Burke, who is aid to have recommended the light sen tence, hss been called on to explain his action In the matter. CHEYENNE, Wyu., June 13.-United States District Attorney Burke, who prose cuted Henry O. Wears on the charge of il legal fencing of government land In Wyom ing, is now in New Tork. Deputy Attorney E. T. Clark said today that at the trial of the case. District Attorney Burke made no recommendation for leniency for Weare. Judge RIner, who sentenced Weare, re fused to make any statement about the matter beyond aaying that he waa aatis fied from the testimony of the defendant that the fence had been removed imme dlatrly after tia ludlctment a year ago. HEARING IN MURDER CASE Witness at Uom Falls Sees Head Cilrl la Appealing; Attitude Be fore Woman. SlOl'X FALLS. 8. D.. June U.-tSpeclal Telegram.) A star witness today in the preliminary hearing of Mrs. Emma Kauf msnn, wife of Moses Kaufmann, the wealthy Sioux Falls hr-.-wer. who was ar rested yesterday on the charge of mur der, growing out of the recent death of Agnes Polreis, a bi-yesr-old girl, who was employed as a domestic in Katifmann's home, was Peter Erlckson, a hired man employed by Kaufmann. He testified to , various acts In whk-h the girl was a vic tim of rough treatment at the hands of Mrs. Kaufmann. The most sensational portion of his testi mony wss when he stated that on a number of occasions he had seen the girl nn her knees before Mrs. Kaufmann with hands up lifted bs If pleading for better treatment at the hands of her mistress. The girl spoke only In German and Erlckson could not distinguish what she said on these oc casions. The testimony of Erlckson, unless dls pelled, tends to beer out the contention of the prosecution that, through Ill-feeling, the girl was given rough treatment, which Is alleged to have caused her death. Having offered such testimony as It was believed wotild.be sufficient to bind the ac cused over to the state circuit court the prosecution shortly after S o'clock this aft ernoon rested. The hearing accordingly was continued by Judge Wheelock until Wed nesday of next week. Until that time Mis. Kaufmann will be in charge of Sheriff Nye E. Phillips, as the crime charged against her does not permit of her being released on ball. The continuance was taken for the purpose of giving Judge Frank R. Aikens. attorney for Mrs., Kaufmann. time to pro cure a transcript of the record in the case and prepare a motion for the dismissal of tho case. This motion will come before Judge Wheelock' when the hearing recon venes next Wednesday. The feature of this afternoon's session was the cross-examination by Judge Aikens of Peter Erlckson. the hired man of Mr. Kaufmann and the star witness In the case. The witness did not materially alter his testimony as to the various acts of cruelty of Mrs. Kaufmann toward the girl. The witness stuck to his original story of hav ing on a number of occasions seen the girl on her knees before Mrs. Kaufmann, with her hands raised as though pleading with her mistress. Witness told of having been at the Kaufmann home after the girl died. Mrs. Lovlnger, a friend of Mrs. Kaufmann, was there. The witness denied that Mrs. Kaufmann wept as she stated she had no reason to feel badly, because she always had treated the girl well. On redirect ex amination Erlckson stated he had noticed dark rings below the girl's eyes about two months before her death, but did not know what caused them. . "V RAILROAD MAN KILLS SELF Found I nconsclous lot His Room from Orerdoac of Morphine. LEAD, 8. D., Jnne 13. (Special Telegram.) A. M. Mills, ticket agent for the Bur lington railroad company' at- Lead, was discovered In his room at the residence of Mrs. Heater, unconscious from the. effects of some drug. Physicians were sum moned and worked over him for an hour or two but were unable to save his life. After his death the coroner was sum moned and he pronounced it a case of death from an overdose of morphine. Mills was enamored of Mrs. Kva Usher, a former em ploye of the Lead postofTice, who died last Monday at Deadwood In St. Joseph's hos pital from blood poisoning after an Illness of but a day or two. It is believed that the death of Mrs. Usher, a widow, had so preyed upon the mind of Mills that lie took the morphine to nnd tellef. Mills formerly resided st Oskaloosa, la., where It Is said he leaves a wife and two children. He came to the Black Hills in 1101, and since that time has been In the employ of the Burlington, for the first year or so at Deadwood and after that as ticket agent at Lead for the company. His death so closely following that of Mrs. Usher has been the cause of much comment In both cities, Deadwood and Lead, and It is probable that the coroner will Investigate the death of Mrs. Usher, who was In life one of the most prominent of the society women of Lead. This Is tho second death by suicide of a railroad man in the Black Hills within the lust two weeks, G. G. Dennis, commercial agent of the Northwestern having com mitted suicide at Deadwood by shooting, and no cause could be given for his act. SHRINERS END SESSION Alrah I. Clayton of St. Joseph, Mo., la Chosen Imperial Potentate. CHICAGO, June 13,-The thirty-second conclave of the imperial council ancient Arabic Order of the Mystic Shrine came to an end tonight with .the election of officers. The retirement' of Henry A. Col lins of Toronto, Canada, as past Imperial potentate resulted according to custom in the advancement of each subordinate offi cer and in consequence chief Interest cen tered in the lowest office, imperial outer guard. There were seven candidates for this office, but after the second ballot, when Dr. J. Putnam Stevens of Le wist on. Me., lacked but three votes the six other candidates withdrew. The new officers of the imperial coun cil follow: Imperial potentate, Alvah P. Clayton, St. Joseph, Mo.; Imperial deputy potentate, Frank C. Koundy, Chicago; imperial chief rabban. Edward I. Alderman, Marion, la.: Imperial high priest and prophet, Fred A. Tines, Is Angeles. Cal.; imperial oriental guide. William 8. Brown, Pittsburg. Pa.; imperial treasurer, Benjamin W. Rowell, Boston; imperial recorder, J. Frank Creat, l-'argo. N. IX; Imperial first ceremonial master, William J. Cunningham, Haiti more; Imperial second ceremonial master, Wlllinm W. Irwin, Wheeling. W. Va.; Im- rrlal marshal, Jacob T. Ma iron, Columbia, C; Imperial captain of the guard, Fred erick A. Bmlth. Rochester, N. Y.; imperial outer guard. Dr. J. Putnam Slevrna, Lew-it-ton. Me. The thirty-third conclave was fixed for May T, l'JOT. at Los Angeles. MORE ARRESTS AT JACKSON Former aherlaT aad a Hargla Are Ac rased of Kllllag Doctor Cos. LOUISVILLE. Ky June IX. A special from Jackson, Ky.. says former Sheriff Ed Callahan and Elbert Hargls were ar rested here today on the charge of mur dering Dr. D. B. Cox several years ago. The warrant waa Issued by Judge Taul bae on an adavlt by Tom Cockrell. Callahan arid autrgla vein mentioned In the receut confession of Curtis Jetu AFFIDAVITS IN THE CASE 8 worn Statement! Izpctinc Ulterior Pur pose and Absurdity of Mandamus. BREEN'S DUAL COURSE IS SHOWN UP F.lhnurn Discloses How When City At torney He Advised Against Scheme of Arranging- ames He Now Favors for Fee. Many of those who do vote will hsve their ballots thrown out because they have voted for one or more delegates more than they are entitled to vote for. The rotation ballot will cost the county at least $700 more to prepare than the usual form of bsllot. These are some of the reasons presented In the affidavits why County Clerk Hav erly should not be directed by mandamuses of the Judges In making up the primary bal lots according to the rotation plan. They are presented to show that the rotstlon system is not only not required by law, but would result In the confusion of the voter and be a practical disfranchisement of a large body of Intelligent voters. Another Interesting feature of the case Is brought out In the sworn statement of William H. Elhoutn. former city clerk, j who testifies that when he prepnred the bal lots for the primary election held April 3 he was officially advised by John P. B.-een, tTlen city attorney, that under the decision of the supreme court that section of the primary election law relating to the rotation of names upon the official bsllot was de clared null and void and that he should disregard the same and that the official ballots were printed and used without the rotation feature and that John P. Preen and Charles J. Andersen, the ostensible plaintiff In tho suit, were both candidates, yet they did not demand the rotation sys tem nt that primary. Affidavits filed In the primary- ballot man damus case which will be heard by the equity Judges today show that these are some of the things the voter will be up against if the rotation alphabetical mUieme sought by the disgruntled Fontanelle few through John P. Breen and W. II. Herd man to prevent the selection of a Rose water delegation to the' state convention Is followed In making up the ballot: The voter must wade clear through a bal lot ten feet long. He must make marks on his ballot; one too many marks will cause the vote for the entire delegation to bo fhrown out. It will require from twenty minutes to an hour for the average voter to mark his ballot. Most voters will be unable to vote on ac count of a lack of time. Text of Elhourn'a Affidavit. This Is Elbourn's affidavit: Affiant, William H. Elbourn, being first duly sworn, deposes and says: 1. That he was for three yefirs continu ously preceding May 21, 19o, tho duly elected clerk for the city of Omaha; that in his official capacity as city clerk lie prepared tho ballot for the primary elec tion for the nomination of candidates for city offices held on April 3. 1JK-6; that in the preparation of said ballot be was offi cially advised by John P. Breen as city attorney; that under the decision of tho supreme court that section of the pri mary election law relating to the rotation of names irpon th! official primary ballot was declared null -and void and unit lie should disregard the same, and the offi cial primary ballots for said primary elec tion Were printed and voted without rota tion of the names thereon. 2. That at said primary election one Charles J. Anderson was one of the can didates for the republican nomination for city councilman from tho Eighth ward and said John P. Breen was one of the can didates for the republican nomination for city attorney, their names appearing on the. official ballot for these ofllces, re spectively, and that neither of them asked or demanded at any time that the panics upon said ballot should be rotated. And further affiant sayeth not. Real Motive of Plot. The real motive of the request for a mandamus is set forth in affidavits by Victor Rosewater and H. H. Baldrlge im pugning the good, faith of the proceedings, who testify as to the various proposals made by the Fontanelles to let ballot dis putes go If conceded the naming of half the delegates. One of these propositions was to have a delegation of eighty-three selected half by each side placed on the ballot and that they be pledged to pre vent the nomination of a United States senator by the state convention and that they work to secure the nomination of a Douglas county republican for governor. The second proposul was to select a dele gation pledged to support the candidate for United States senator who should de velop the greatest strength In the con vention among the delegates outside of Douglas county. In his affidavit Mr. Baldrlge tells of the receipt of a letter from Blackburn submitting a resolution adopted by the club demanding a single delegation to be for the candidate who secured the largest number of votes at the primary. It was not until after these propositions were turned down that the former city at torney saw the error of his original rul ing while a public official and consented to prove the fallacy of It for a fee. That the rotstlon system is an Innova tion In Douglas county primaries to select convention delegates is set forth In this affidavit, signed by Victor Rosewater, showing the group ballot to have been the established practice and precedent of all party organizations. Htatemrnta of Kaprrta. Charles L. Thomas and Robert S. Dun can, both experienced members of election boards, having aerved for a number of years, swear to affidavits that It will re quire an unreasonable time for the average. voter to prepare his ballot If the, rotation system is used. The former estimates the time required at from twenty to forty minutes, while the latter makes his esti mate thirty minutes' to an hour. Deputy County Clerk Frank Dewey made up a sample of a ballot containing 226 names, the number of candidates for dele gates to the republican state convention. The ballot is over six feet long. At leaat four feet more must be added for the con gressional delegatea, making the entire ballot over ten feet In length. This ballot would have to be printed in sections, as no printing press In Omaha, it is said, is large enough to print In entire. County Clerk Haverly's answer In the mandamus case waa also filed. It sets forth the confusion which would result from the rotation system and dedarus that large numbers of voters would be disfran chised if it were cat t ied out. He says It was his Intent to place the names of the eighty-three delegates who have requested It In a group by themselves, so that they could be voted for with one mark. The other delegates, he says, he intended to group. If they asked it, and If. not, they would be arranged In another list. The ballot would be so srrsnged that the voter could vote by delegationa or Individually as lie chose. The Increased cost of printing a "rota tion" ballot and the difficulty of distrib uting them properly In the different pre cinct are shown In tb otter affidavit. NEBRASKA WEATHER FORECAST Fair Thursday and Friday. Temperature at Omaha Yesterdavi Hnur. R a. fl a. T a. a. a. to a. II a. Vi ni. lira. , . IM , , . AM , . ru , . a , . T1 , . 11 Hour. 1 P. It p. p. 4 p. p. ft p. T p. H p. n p. Pear. 7 T TH T rn TH TT T4 TO m. ..V MINNESOTA REPUBLICANS MEET A. I,. Cole of Walker onilnutrd for (oirrnnr on the Fourth nnllot. DULUTH, Minn.. June 13. The republi can state convention today nominated ft complete stste ticket after a preliminary campaign of three months. To all appear ances J. F. Jacobson had swept the state for the gubernatorial nomination. He tan on his record ns a member of the Minne sota legislature, during Its stormiest days, when he earned the title of "Hell Roaring Jake." and a reputation for being the most radical reform legislator In the state. This morning the six other candidates got to gether In a determination to withstand a Jacobson stampede and on the fourth bal lot, after Jacobson had held a good lead and made consistent gains the convention I nominated A. L. Cole, ot Walker, a promt I tie nt leader In the last session of the house. At midnight last night he had decided to withdraw from the fight, but the other candidates Induced him to stay in the race. The convention unanimously indorsed Sen ator Knute Nelson to succeed himself next winter. Tne ticket nominated Is as follows: Governor: A. L. Cole. Walker. Lieutenant Governor: A. O. Eberhart. Mankato. Treasurer: C. C. Dlnelmrt, Sluyton. Attorney General: K. T. Young. Appleton. Secretary of State: Jr'tus Schmahl, Red wood Falls. Auditor: S. G. Iverson, Bushford. Clerk Supreme Court: C. A. Pldgeon, Buffalo. Railroad Commissioner: C. F. Staples, West St. Paul. , , The platform which was adopted without debate gives on enthusiastic Indorsement of the. national republican administration, ap proves the message and acts of President Roosevelt and especially commends him for his stand in the enforcement of the laws against trusts, monopolies anil combina tions In restraint of trade; the Panama canal: protection to American labor and In dustries: the gold money standard; legisla tion against the adulteration of food; elec tion of United States senators by direct vote; a I-cent railroad fare; abolition of free pusses and a readjustment of. freight rates. MILLION DOLLAR FIRE LOSS Wharves nnd Shipping at Bnltlmor Are Iestroed by Flnnaes. BALTIMORE, June 13. The greatest fire since the conflagration of 1904, Involv ing a property loss of about $1,000,000 and the probable loss of five lives, occurred at an early hour this morning on the water front. Vox a time the entire harbor front was threatened with destruction, ' on the north side the flames being with difficulty kept within the confines of the wnan or the Merchants amf Miners Transportation company nnd on the south sido a stubborn battle being fought to prevent the whole sale destruction of property by the Are spreading from the steamship Lasex and six barges, which were burned, i The fire started at 1:30 o'clock, but at 5 o'clock was out At that hour the names on the Esbcx had been extinguished and the shell of the vessel was bad listed from the water In its hold. Five other men were rescued with diffi culty by the tug Mary, two of them nar rowly escaping death In the flames or drowning, as they were forced to make flying leaps to the rescuing vessel from the deck of the Essex as the former boat pulled away from the burning steamer. On the south side of the harbor the pack ing house of Moore & Brady company was damaged, the steamer Minnie Wheeler of the Baltimore, Chesapeake & Atlantic Steamboat company and a cotton shed of the Merchants and Miners Transportation were partially destroyed. They caught fire from the bargea and the Essex when they floated across the harbor after being cut loose from their moorings. At a later hour the dead bodies of Ed ward Atkinson, cabin assistant, and John Costello, second steward, were recovered from the wreck of the steamer Essex, as was also the body of Manuel Odcllo, fire, man, whoso head was completely burned off his body. Two other men who have not yet been accounted for are supposed to have lost their lives by being burned to death or by being drowned when they leaped from the burning vessel. WESTERN MINERS ADJOURN Demand Made thnt OtHclnls Impris oned la Idaho He Released ob. Rail. DENVER. Colo., June 13 The Western Federation of Miners' convention today adopted a resolution addressed to Judge Smllh of Idaho, demanding that he release the imprisoned federation officials at otic on reasonable boil. A resolution was adopted making charges of disloyalty against Alexander Fairgroves of Mount Helena, .Miners' union, Montana. Fairgroves Is prettident of the Montana Fed eration of Iibor. Step's will be taken. It is said, to expel hlin from the Western Fed eration. Tho following delegates were elected to the convention of the Industrial Worker of the WorM V H. ttavm',wl n,,nvAr. Vin cent 8t. John, Burke, Idaho, (formerly of Tellurlde. Colo.): John McMullan. Hmte Mont.; P. P. McDonald. Rossland, B. C. President C. H. Moyer ia cx-oBlcio mem ber of the delegation. The newly elected officers were installed, and the convention adjourned sine die. SHERIDAN READY FOR RUSH o Raise In Price of Provisions or Accommodation at the Hotels. UKRIDAN. Wyo, June 13.-pcial Telegram.) Reports have been circulated regarding Smallpox and a general raise In prices. Health Officer Simpson states abso lutely there is no case, of smallpox in the city. Grocerymen and hotel men are pub lishing statements positively no raise in prices will be made. A number of people are ready to register and others are con- stantly arriving. The rltv Is able to take . .. 1 more. Everything care of several thousand is ready for the big rush tomorrow. Nine- teen special notaries' commissions were is- sued today fcy tba governor. FINE FOR RAILROAD Bnrlincton Line Found Guilty of Grantinc Kebatfi to Packer. FOUR COUNTS IN THE INDICTMENT Penalty is $1,003 to $20,000 for Each Offense Charged, SENTENCE IS DEFERRED UNTIL JUNE 22 De?iee of Throueh Export Rata Ued to Tayor Bit: Shippers. COURT RULES CONTRACT IS INVALID Jndge Holds that Published Tariffs Must Apply to All Business Handled titer Nfw Rate Is Filed. KANSAS CITY. Mo., June U.-The Chi cago, Burlington Qulncy Railway com pany was found guilty here late this after noon by a Jury In the United Statea district court on four rounts of granting conclu sions on packing house shipments for ex port to the Armour Packing company, Swift and Company. Cudahy Co. and the Nelson Morris Packing company. The conviction carries with It a fine of from tl.OdO to $2n,ii on each count. Judge Smith Mcpherson, the presiding Judge, deferred sentencing th defendant until Juno 1C All four counts are practically the same. The case of Ar mour Co., on which Instructions were read to the Jury, charged specifically that the Burlington railway on August 17, lrniR. accepted a shipment of oleo oil from Kan sas City to Liverpool st a rate that In cluded a rate of 23 cents a hundred pounds, Mississippi river to New York, whereas the regular tariff at that time was J6 cents. Agreed Statement of Facts. To simplify the case A. 8. Van Valken- burgh, district attorney, for the govern ment and Judge O. M. Spencer of St. Joseph, representing the defendant com pany, signed an agreement of facts, which was In effect that the Burlington did con tract with the packers to carry their prod uct at 23 cents for the distance named, (or a rate of 49 cents for the whole distance from Kansas City to Liverpool, rialf a dozen witnesses were examined, their testimony being largely technical and pertaining to the tariffs In existence at the time covered In the indictment. . Those who testified today were IT. C. Davis, general agent at New York of the 7hlgh Valley railroad; Robert 8. Dous man of Philadelphia, auditor of the freight department of the Lehigh Valley; G. A. Gamble, agent at Kansas City of the Read ing Dispatch, which operated In the Inter est of the Clover Leaf, one of the connect ing roads; Harry C. Burnett of New York, assistant general freight agent of the Le; high Valley, and Ernest F. Blsbee, gen eral agent at Kansas City of the Burling ton railway, who waa commercial agent of that road In 190S at the time th S3 cent rate with, the packers waa made. . Contention of the Railroad. . Judge O. M Spencer, In his argument for the defendant, contended that , the Bur lington railroad had a Joint rate under Its contract with the Clover Leaf and Lehigh Valley railroads to carry the packing house products at a rate which would have been valid under the present ruling of the court had It been established. Hence the only crime. If any, was the falling to pub lish the tariff under the contract. The evidence showed, he snid, the shipment was a through shipment, to a foreign desti nation. The charge In the indictment was granting a concession from a portion of a through rate. Such a proposition, he con tended, Is unknown to the law. If a con cession was made at all it was on the en tire or through Tate and reduced the through rate the amount of such conces sion, but It did not and could not be of fered to any fractional part of the through rate. The Burlinngton kept to its con tract, made In good faith, kept In good faith and would prefer to be fined. If need be, than violate Ita contract. Whatever Its dereliction may have been in reference to filing Its tariff. It cannot be guilty as charged in the Indictment. The Indictment, he said, is the result of a controversy with the I-hlgh Valley railroad over Its keeping Its portion of this contract, and when it was unable to explain Itself It resorted to the government and lugs the Burlington Into court aa a criminal. Thai such a state of affairs exists la to ke de plored. There should, he contended, ba no interference by the Koveroinent in audi controversies. This, therefore, waa simply a pecuniary question between these two corporations. Reply of oernment. District Attorney A. 8. Van Valkeiiburgh, arguing for the government, said simply that it was a plain case of violation of the Elklns act. The Burlington railway had made a contract with the (lacking com panies at a rate of 23 cents a hundred and had continued to live up to that contract after there hud been filed with the Inter state Commerce commission an amended tariff of 36 cents. Judge Mcpherson In instructing the Jury said that the Burlington railroad had nu right to make a contract for a period longer than the established rate of Zt cents should be in fori e. To have carried ship ments for 23 cents after August' 17, 18u6, when the tariff was raised to 3S cents, must be considered a concession. The failure of the Burlington railway to ilia the schedule of 23 cents was immaterial, statement by Packers' Attorney. CHICAGO, June U-B. E. Hart well, sec retary of Swift and Company, packer, re- ,rrln to "'e d4 ',"" ot the so- I ""ailed export rei.ale case In th case In the federal court yesterday at Kansas City, said: The case In iiuestion does not Involve rebates. The Hliiptiu tits were made at the contract rules and payments Df freight made accoidlngly and all rates were shown on the bill of lii'llng, no rebates being re ceived. The supreme court of the United Htatcs has held that the rate on export shipments ma lie less than the rste on lnt TKtMte or domestic shipments. f Judge Mcl'hciMin s opinion is sustained nn ship per can tigore in advum-v what it will cost htm to transport his products and will be seriously iiihrrasKeil In making contracts for future delivery. In this case the lan ! as not so determined in advuncs thai j Bwift and Company could know they were ioihiiok me imw, ami, ns h matter or facv. neis advised by able legal counsel Dial li acting on the contract Hi-y were not vio lating the Interstate run. neice act. Dead Man Ideatlfled. KANSAS CITY. June I. Clark Rice jf Kansas City, whose dead body waa found yesterd.iy in the I jirkimnn rnl rend inn- l lie! at Jersey (';; . N. J., whs the m n of i the late Thomas i Hie . who at hi t ihurn the late ! veral years ago was manager . f tl.e Kali sas City Hag ccupauv. j,efoie leah, Kansas City a ar ano young Rice worked ' for the bag company. He went from hi. Bau f iamic.. tnence to ew york His mother. Mrs. Mary A. hUoai tg ufcstUng in lataaaduv