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
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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