Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 10, 1906)
The Omaha, Daily Bee
VOL. XXXVI -XO. If.
OMAHA, TUESDAY MOUSING, .UTLY 10, 190(5-TEX PAGES.
SIXCJLK COPY TIIUKK CKXTS.
DUMA .STRIKES BACK!.,?:,..!
Lower EonM Aiki Cur to Explain Procla
mation to Peasanta.
PARLIAMENT PUT IN FALSE LIGHT
People Told That Member. Are Withhold
in k ImperoT'i Bounty.
CROWDS ARE DISPERSED BY THE POLICE
feriow fieht Between Mobs and Oowacke
Near Moscow Station.
SIX MORE NEWSPAPERS CONFISCATED
I. literal In Doubt ai
to Meaning: '
' of tienernl
t r. c r . , . I,,!,. (1 TV Ir.l'isl
bi. iLir-m - I
steps toward tne auopnon ... - " ,
in ipfl i.j lilt -
ptfsslon the government comn.u'iW at ions
with regntd to the settlement of the agrar
ian oupstinn arc making amonp t'i"
entry were taken In the lower he "f
PMiliHiucnt today when an Inter!. '
.. . i .- v.
was Introduced asking r an expr-.
of the dlwiniiuitluti or the govcinrm r;.
pruclnmatlon to the peasants.
This proclamation accompanied 'he puw
Ic-ntlon in the official Messenger of the
jyivt rnment's ssinrUn bill and set forth
the emperor s const mt solicitude for the
peasant welfare and denied that the gov-
rnnient wh opposing expropriation In the
Interest of the landlord, concluding w'.tlt
an expression of the vital necessity of
maintaining the right or property as tw
ine the foundation of the state.
The Intel pellatlon was referred to a com
mission which In expected to recommend
the Issuance of a counter appeal setting
forth the views and Intentions of Parlia
ment. Prof. Kusmln-KaravaiefT. the legal expert
of parliament has developed the theory
that the action of the administration in
spreading view directly opposed to the ex
pressed policy of the legislative branch was
an Illegal encroachment on the privileges
Proclamation Handicaps House.
Count Mukhan. president of the house
agrarian commission, dilated on how the
law which the communion wa now elab
orating was handicapped by the circula
tion of the emperor's proclamation. New
tactic had been necessitated by alarming
news from various sections as to the effect
produced by the proclamation. The slow
progress of Parliament was contrasted with
the government's fair sounding promise of
the distribution of all arable state land
and other measures to relieve the land
hunger of the peasant. Count Mukan
off added that the report wa being spread
in many parts of the country that the em
peror had ordered the dltrlbutlon of land
to the peasants but that . Parliament, like
th .wicked fairies 4iv old stories. ws witn
holdlng the "little fathers'' gift from his
The house made slight progress today
with the debate on the Hlnlystok report.
The principal new contribution was Deputy
Vlniivcr's assertion thHt anti-Semitic pamph
lets aro still being printed In the offlce
of the prefecture of police at St. Peters
burg, the' deputy giving the title of the
pamphlet and the name of its author. The
discussion will be continued tomorrow.
M. Roditcheff. in an earnest speech which
approved by nil wctlons of the house,
described the policy of the government a
be ns full of falsehoods, which are lead
ing the country Into unheard of danger.
The ministers have refused to resign or
to listen to the voice of the nation and
have turned a deaf ear to the murmurs
of the coming storm. Already, M. Roditch
rff said, there sre rumblings which will
unite In a terrible thunderclap and up
heaval of the country. When the govern
ment, fearing the exloslon, decides to re
sign It wUl a ls IBM.
1at Loyalty nf Cossacks.
Dispatches received here today from Nova
Tcherkaak. which is In the center of the
Pnn Cossack district, show that the au
thorities are extremely apprehensive as
to the effect of the speeches delivered in
the lower house of Parliament in the re
rent debate on the Cossack question and
which are palpably Intended to undermine
the loyalty of the Cossack levies engaged
on police duty. Regular meeting of con
stitutional democrats at which the report
of the debate wa to have been read were
dispersed and the ipers have been terri
fied into omitting reports of the speeches.
Police Disperse Meetings.
Political demonstrations, during which the
crowds carried red flags and sang revolu
tionary' songs, occurred In many places In
St. Petersburg yesterday afternoon and
night, necessitating the Interference of po
lice and nillitaiy patrols. Street cars were
held up and their occupants compelled to
uncover and salute the red flag. The most
serious affair happened near the Moscow
railroad station, where an officer later Iden
tified as Lieutenant Tom made a revolu
tionary speech to a crowd of 2.000 people.
A detachment of police atempted to dis
perse the sssemblsge, but the people armed
themselves with stones dug up from the
streets and beat off the police and a squad
ron of Cossacks. Kventually the Cossacks
were reinforced and Bred a blank volley In
the air, whereupon the rioters fled to neigh
boring courts. Only a few persons were
slightly injured. IJeutenant Tom was ar
rested and taken into a fortress.
A meeting which wss addressed by ora
tors from a window of the Constitutional
Democrat club was dispersed by mounted
gendarmes, during which several persons
were wounded with sabers and a per
formance at the people's palsre was broken
up, the audience singing the "Marselllalsa"
as they dispersed.
The guards on the mail wagons ar now
i mtd with rifles owing to th Increasing
number of attacks maie upon these vehi
more newspapers of this city
have been confiscated
provinces w here
Landlords from the
agrarian disorders are occurring are flock
ing Into Moscow and St. Petersburg appeal
ing for troop to protect their property,
' without which they declare it Is Impossible
for them to liva on their estates, riome of
the papers regard General Trepoff's pro
nouncement In favor of a ministry com
posed of constitutional democrats as a sham
death bed repentance designed to give the
emperor and court a breathing spell, while
others consider It to be a confirmation of
Ihe report that Trepoff has fallen from
favor and Is trimming his sails to ths pre
vailing broears. Th holy synod has lasued
strict Instructions forbkldir the printing
4CooUaa4 on second Pag.)
SAN J LAN. P. R.. July 9. Entiu Root,
the American ecretary of state, who ar
rived here yesterday on board the cruiser
Charleston on hi voyage to Rio Janeiro
a t lie representative of the American
government, at the Pan-American ion
gress, wan entertained at luncheon today
hy George Cabot Ward at the Vnlon club.
Others present Included tnlted states and
liiKiiIar officers, the naval officer of Porto (
Rico and several Spanish merchants and
Auditor Hyde of Torto Rico proposed
the toast to President Roosevelt. In re
sronilins Mr. Root said he fully apprv."
, .. ... . . H1I,. i
I.ind s adjustment to the new coiidlt Ions, I
resulting, from Its separation from Spain
and the seveiance of relations between
cliurch and state. The I ntted states, Mr.
Root said, was greatly Interested In tlM
welfare of the Island, and In holding: it
I friendship, and strongly desired fur Porto
l Rico the utmost prosperity and happiness.
I Mr. Root avoided all reference to in-
ular problem, such as the question of
the coffee Browing Industry
I1(J ,he presence of troops on. the Is-
The arrival of Secretary Root here yes
terday laused a laughable Incident at the
expense, of the captain of the Italian
'J'ho wireless telegraph reported that the
Vnlted Slates cruiser ( hniieston with Mr.
jot en board was due to arrive here at
yesterday. At that hour the I ntted
revenue cutter Algonquin entered
-bor from the Island of rfl. Thomas,
with postmaster Land! and Col
'uatoin Catistens of Kan Juan on
iriubiia thereupon fl'ed a aluti
guns, but. afterward tent a
on board the Algonquin explam-
the commander of the l.mbrla
thought the Algonquin was the Charleston.
The firing of the salute by the l.'mbria
caused a rush of spectators to the water
STEERAGE RATES REDUCED
Prospect of n War Hrtners Ham.
bora-American and .North
Oerniaa I.lod Lines.
BRK.MEN, July 9. The North German
Lloyd Steamship company today reduced
the steerage rate to New York $2. SO.
HAMBl RG. July 9. The reduction In em
igrant passage rates' announced I y the
North German Lloyd Steamship company is
that company's answer to the Hamburg
American line's cut of the same amount
last week, which la Its second recent re
duction. The situation begins to look ex
tremely like a rate war between the Ham
burg American and North German Lloyd
lines in the emigrant business.
It I explained In the Hamburg news
paper that the Hamburg-American com
pany's reduction was designed lo give Ham
burg Ita proper share of the emigrant
traffic, which latterly has been declining,
the emigrants departing from this port In
June numbering only 9,011, a compared
with 17.899 In May. Foth Austria and Rus
sia sent In June 'less than half the number
of emigrants that departed from those
countries In May.
DREYFUS DECISION DELAYED
Champion of Accused Captain Refuses
to Shoot at Man Who
PARIS. July . The supreme court held
a lengthy secret session today and ad
journed without announcing Its decision In
the Dreyfu cae. .It is generally expected
that the decision of the Rennes court
martial will be annulled, but the court is
understood to be divided upon the question
of quashing the verdict entirely or order
ing a new trial.
The Dreyfu case 1 reawakening intense
bitterness and ha already resulted in one
duel. General Gonne, former aaalstant chief
of the general staff, who I opposed to
Dreyfu claim, challenged Colonel Plc
quart, former head of the intelligence de
partment of the French army, who 1 a
strong supporter of Dreyfus, to a hostile
meeting. An encounter with platol at
twenty-five paces was arranged for today,
with the result that the general fired and
missed hi adversary. The colonel refused
NEW ABYSSINIAN TREATY
iln, France and Italy Make
BERLIN. July 9. The Italian government
has confidentially notified the German For
eign office of the contents of the treaty
negotiated between Great Britain, France
and Italy on the one hand and Abyssinia
ou th other.
The main feature of the Anglo-French-Italian
treaty with Abyssinia. It was an
nounced from Paris July 5. are a guarantee
of the Integrity of the Abyssinian empire,
the open door and commercial equality for
all countries and the continuation by th
French of the construction of th railway
connecting Aodis Ababa, the capital of
Abyssinia, with the other coast, and giving
Great Britain and Italian mining represen
tatives on the railroad directorate.
Bryan Returns to London.
LONDON. July 9 William J. Bryan
and Mr. Bryan returned to London to-
day from Vret Park, the country resi-
donee of Ambassador Whltelaw Reld.
Later Mr. Bryan visited Premier Camp-
ttell-Bannerman at his official residence
In Downing street and spent an hour witn
him. C. A. Pearson, the publisher, will
give a dinner to Mr. and Mrs. iiryan to
night. FUhlaa Schooner Lost.
NORTH SYDNEY, C. B., July . Word
j was received here today that the fishing
hoonrr Stanley George had been lost.
j wi, , on board, near Grand Forks during
a terrific storm. No details of the wreck
,v. t.n learned The vessel waa owned
j in Rnmena, New Foundland.
t oart-Martlnl Verdict Tuesday.
CROASlAUi. juiy . ii.s verdict of
th court-martial In th trial of Admiral
Rojestvensky and th officers of th tor
pedo boat destroyer Bedovl. who sur
rendered to the Japanese during th bat
tle of the sea of Japan. Is not expected
British Steamer Wrecked.
SHELBl RNE, N. 8 . July .-The British
steamer Harlya I a wreck st Black Point,
near Northwest harbor, according to dls-
patchea received here today. Captain Bi-
nioruis of the vessel end his crem- reached
shore with thslr fleet. It ran labors la
NEW AUDIT SSTEM PUT IN
Reform in Checking Police Court Account
Adapted by Crawford.
LEE GEIER'S RECORDS SHOW SOME ERRORS
Retiring Clerk Reimburses Treasury
Wkn Advised of nUcrepanclee
C omptroller's Ortlee Did Sot
An Investigation Instluted hy Police Juris'
Crawford Into the system of accounting
which has been In vogue for some time
In Hie offlce of the clerk of the police
court has revealed some suspicion meth-
ods of and, ting. One feature of the In-
vesttgation was that Inst Friday .niernmn
Ix-e Orier, who retired from the poll-:
court clerkship last month, paid Into the
city treasury 2M tn cover discrepancies
discovered that day by Police Judge Crew
ford and the present clerk of the police
court. J. J. M.i honey. The $?M represented
errors in Gricr's nrcounts from Jtnuray 1
; ' . ...
Inasmuch as representative of the city
comptroller' office checked up Mr. Grier's
net-mint frnni month to month and discov
ered no errors, while the new police judire
discovered $2M short for the six months
checked, the matter, has nrouHcd the at
tention of the lire and polee committee
of the city council. Councilman McOovern
ha said he will ask that Grtrr' books
for hi six years as clerk of the police
court be checked by experts.
Men System of Acconntlua.
Beginning yesterday mon.ing a new sys
tem of keeping account was Inaugurated
at the police court and city Jail, the
scheme being that inch department will
have a check on the other In the matter
of payment of fines, bonds, release of
prisoners who have been fined and other
features where money Is involved.
Iee Grler was seen yesterday afternoon
and questioned regarding the errors found
In his accounts.
"I did pay Urt Into the treasury Friday
afternoon when It wa shown to me that
my accounts were out tha sum," said Mr.
Grier. "In explanation of the alleged error
I would say that it' is possible persons have
called on me at my afternoon place of busi
ness and paid me the money, which I forgot
to charge up on my books. There was no
real shortage In my accounts, but only
clerical errors. Borne of those fellow are
trying lo Job me for political reasons.-'
Regarding the possibility of his accounts
being checked back for six years Mr. Grler
said he had no misgivings on that score.
Crawford with the Mack Rake.
Police Judge Crawford, who has been
using the muck rake In the police court
accounting department, said yesterday -afternoon
that he felt confident otm after he
asFiimed his duties as police judge January
4 that there was great need of Improve
ment in the accounting method In vogue
In the police court clerk's office.
"But," said the Judge yesterday after
noon, "1 wa getting on to the ropes my
self for awhile and thought that Inasmuch
as the. city . comptroller. -wa. checkiuR up
the clerk each month, the matter -might
rest awhile. . But I later saw there were
too many loopholes and opportunities for
graft and then began an Investigation
which resulted last Friday afternoon In
Mr. Grler turning over $4 for flagrant
error made during the time 1 have been
According to the statement of Judge
Crawford some of drier' error consisted
of bonds forfeited and not turned Into the
city treasury. Instance where defendants
In police court case fail to appear after
having been released on a cash liond the
police Judge marks "bond forfeited," with
the amount, on the face of the complaint,
which is sent to the clerk for entry and
disposition in the same manner where a
prisoner' fine Is noted by the judge on
the complaint. Some of the errors charged
against Grier were In case where pris
oner paid their fine In the afternoon, for
Instance, of the day they were fined, the
money having been paid Grler, who Issued
a "release order" to the party paying the
fine and then placed the money In his
pocket. Grler admitted he may have made
a number of errors of that nature.
osarove Admits Remedy Seeded.
Deputy Comptroller Fred Cosgrove, who
has many checks on the police court
clerk's accounts and who Is familiar wl'h
the situation, agreed that a new system
of accounting was badly needed in the
office of the police court clerk and added
that his offlce had been working for a
month or more to devise a system which
would disclose errors better than the old
system. In explanation ns to why the
comptroller's office did not ' disci "er the
i errors found by Judge Crawford last week,
Mr. Cosgrove saiu in omc. had !een
checking the police court docket wf(h the
books and declared that the dockets did
not show the facts and were not a reliable
means of checking the accounts.
Part of the new system of accounts at
the police station is a book kept by the
Jailer, showing what time each prisoner
would have to serve If he or she served
out the entire fine and also the exact time
each prisoner Is released and under what
circumstances. Prisoners are allowed K a
day for serving out fines. If a man Is
fined $10 and cost and only serve two
day the Jailer's book will show whether
the man paid the balance of hi fine or
was released on a pardon from the mayor.
In cases where the money is paid at the
time fines are Imposed by th.- Judge the
items will be cheeked back each morning
by the police Judge or court sergeant, who
keeps the police court docket sheet and
j the clerk who keeps record of everv rlne.
sentence or discharge. By this careful and
dally check Judge Crawford feels confi
dent errors will be eliminated and chances
for graft expunged.
INVESTIGATING LAWS OF ALIENS
Board Assembles at Washlaarton to
Prepnra Report for Is
WASHINGTON. July l.-Carrylng out a
suggestion mad by th house committee
on foreign affairs a board assembled at
th 6lte department to Inquire into th
laws and practice regarding cltl
th I'nited States, expatriation.
I tectlon abroad and to report recommenda
tion to d laio. oeror congress nest
Th primary purpose la to devls means
of checking ths abuses of American
naturalisation by persons who take out
papers with the deliberate purpose of re
turning Immediately to their native coun
tries, where they have given much trouble
I to Ihe State department by clalmina lm-
munity from all the obligation of th
native to tbelr own government, thereby
causing great discontent and leading to
I much (UylocuaUo cerrespoudsBcwt
SHOSHONE LAND REGISTRATION
Clerks from tirnernl .and Office to
Have t aarae of the
(From Staff Correspondent. 1
WASHINGTON, Juty . (Special Tele
gram. ) The eommls!o'f r of the general
land office and hi corps of clerks will be nt
Lander, Wyo . on July 1.1 to superintend tr
registration for the drawing of land to
be opened to settlement Iti the Shoshone or
Wind river reservation. The method of nro
cedure will be the same as prevailed at the
Crow creek opening, nninely, bv registration
and subsequent drawing for choice parcels.
Drawings will commence August 15 There
are something like inoH'mo acres to be
thrown open to settlement. ,
Officials at the general land office predict
heavy mineral derjosiiR or vaet value will
be discovered when'li ,':s country I opened
and prospector have chance to look It
over. It I generally b.-lleved that there are
large deposits of gold and copper In the
Owl mountains located within the acreage
to be occupied by the white man.
The secretary of the interior has restored
to settlement the I'tthweet quarter of
the southwest quarter t hftlf aoutl-.west
quarter, and south?"- qusrter of the
southeast quarter. i- 2o. township SI
north, range 77 west,, in Wyoming. Th'a
hind was withdrawn: S'l 1MB In connection
with the North rtaf? 'irrlgillon project.
It now ap)iear that tiit.lend Is valuable
for II minerals and is:' Ibis action will
not Interfere with the i'sa'lon project It
ha been restored, to vl dement. The trnct
will not be subject t entry until ninety
days after tho notle( such publication
as may be prescribed .y' the department.
Frank A. Riley has , ' t p. appointed regu
lar and William Riley ;tiutTS rural car
tier for route 1, at f 'ksun, Neb.
R. C. Newne of ir.i.iha has been ap
pointed clerk at Panama.
The application of F. I'. McElhlnney, W.
R. and G. II. Jaruejion. W. J. French, C.
II. White and II. G. Hupp to organise the
Citizens' Nattoual bank of, .Waterloo, la.,
with J100.000 capital , has' been approved
by the comptroller of the Currency.
Roy A. Kellnms Ot Haoord, William U
Cummins, , Clinton: Vere W.' Okey. Rock
Valley; Frank IS. Eby, Weit Liberty; Fred
Updike. Charlton; William J. O'Neil, Coun
cil Bluffs; P. T. Vaughaa, Algona; H. N.
Eller, Greenwood; George Classen, Clinton,
la., have been - appointed, railway mall
clerks. ' . . .
CITY CLOSES DRY GOODS STORE
Chicago Official Takes Itraatto Meas
ure to Enforce Building; Ordl
. nanro of Muhclpallty.
CHICAGO, July . -The retail dry goods
store of Marshall Field fc, Co. was closnd
to the public today by Building Commls
sloner Bartsen because the management of
the store had not complied with certain
regulations to which Its attention had been
called by the commissioner- .
For several days the management and
the commissioner ' have been fn conference
regarding the placing of red, -light In the
store for the purpose of marking" exits and
stairways. .' This morning, JwheSy the com
missioner became awaro tbiit IB work had
not .been. dun jgvaf Mvi-.jy, ' bmjMiUttOr l
lice officers to be stationed at all doors of
the place and allowed nobody but employes
Manager Simpson, as soon as he was
aware that all the customers were being
turned back at the entrances, hastened to
the building commissioner, who informed
him that he "ought to be In jail."
"I have repeatedly called . attention to
this matter, and If you are not man enough
to protect the lives of your patron you
ought to be In jail," said the commissioner.
Mr. Simmons then called attention to
mayor, who said that the building com
missioner had been too drastic and he
should have proceeded against the man
ager of the store through the courts. The
tore was allowed to open and Commis
sioner Bartsen declared he would take out
warrants lor Its managers,
loiter In the afternoon Commissioner
Bartzen awore out a warrant for the ar-
rest of James Simpson, manager of the
Field retail store, charging six violations
of the building law.
After accepting service of the warrant to
night Mr. Simpson appeared In Justice
Hurley's court and gave bond amounting
to $200 for hi appearance In court to de
fend himself against the charges made by
the building commissioner.
The case was set for hearing July 17.
BREWERS AGRET0 BE GOOD
Kansas City Companies WUl til re
Bond to Obey Knnsns Law If
Property Is Released.
KANSAS CITY. July 9. The brewers who
control the Joints in Kansas City, Kan.,
admitted defeat in their effort to keep
their places open In defiance of the law
when they announced tonight that they
will agree never to sell liquor to the Joints
In Kansas City, Kan., again and promlaed
to give bond a a guarantee of good faith.
The Helm, Rochester and Imperial Brew
lng companies, which own and control 160
Joint In Kansas City, Kan., will make ap-
pllcatlon this week in the court of com
mon pleas for the releae of their property,
which by order of court is locked up and
held by the authorities. The brewers agree
to give a bond of H.OOO for each building
they own In which they have fixtures as
a guarantee that they will not again violate i , .p Ancor,rTV ? h """""T"
I Daniel . Mead and G. H. Benzenberg.
the liquor law. j B(.ing as appraiser, were in fact, misled
Where the building sre leased by he 1 and deceived by the said plane, diagrams
brewer the property owners will have to : T1 1'""'''," statements and by reason of
. . . ' t. ; the same were Induced to. and In fact
B. iwuu wiuio win oe re-
moved from the doors. Eleven Jolntlsts
were cited for contempt by the court of
common pleas today for violating the
court's order by selling liquor yesterday.
FORGERY, SAYS MRS. HARTJE
She Charge Letters tn Coachman
Bearing; Her Same Were Mot
Written by Her.
PITTSBCRG. Pa., July .-Dvid N. Car-
. . . .. . . .
valhoe. the handariting expert who ha
oeen engaged in many ramoua cases ot :ne
country, among them the trials of Roland
d , ,, . . . .
B. Mollneaux arrived here from New York
today. He ha been called here to testify
for Mr. Hartje In tne divorce rase brought
by Augustus J. Hartje, the millionaire
paper manufacturer. In the previous hear
ings of the case appeared about forty let
ter, It la alleged. Mr. Hartje wrote to
the family coachman, Tom Madlne, and
which have been declared a forgery by
Mrs Hartje and her counsel . It Is upon
these letters that Mr. Canal hoe went to
work soon after he arrived.
The Hartje case will be resumed tomor
row morning and it is expected that th
result of Mr. Carvalhoe's work, in part at
leant, will be mad known. Th letter
have been greatly enlarged, some of ths
Luluaia Lalng aU inch la Jwlfbb
BOARD REJECTS APPRAISAL
SeU Ont Sumerom Reasons Why it ii Hot
Binding on the Citj.
WATER COMPANY DEMANDS PURCHASE
Kites Rill In Federal Court to Require
City to Pay 0er Price Klsed
hy Appraisers and Take
Fraud Is charged In a resolution adopted
by tho Wster board at an adjourned meet
ing last night rejecting the report of the
majority of the appraisers fixing the value
of the water plant at KiW,'-95.l9. A reso
lution arranging for the appointment of
a new appraiser In older thst another
appraisement may be had wa adopted
Formal action wa taken unanimously
after a long secret meeting of the board
members and Attorney John L. Webster
and Carl C. Wright in Mr. Webster's
office. The resolution rejecting the ap
praisment is a long one and give In de
tail a number of reasons. Among these are
that the report 1 not unanimous; that
Irregular and unauthorised methods of
procedure have been followed in arriving
at a valuation; that the finding of Ap
prslsers Mead and Hensenberg are o ex
cessive a to be Irregular, wrongful and !
fraudulent; that the two appraiser acted
upon deceptive and misleading evidence
furnished hy the water company; that the
two appralrerf permlttd the company to
Introduce evidence secretly, which the
Water board's representative were not al
lowed to see and that many other errois
The board adjourned to meet again to
night to discuss further plans for resist
ing the enforcement of the appraisement
returned and to transact any other busi
ness. Including the election of a member
to fill the vacancy caused by the death of
James K. Boyd.
Reject the Appraisement.
The long resolution to reject the report
was introduced by Member Howell, after
preparation by the lawyers, and the reso
lution looking to a second appraisement
was presented by Member Coad.
The first named apparently sets forth all
the objections of the Water board as to
th report and Its processes and Is ss fol
lows: Whereas, Pursuant to certain proceed
ing heretofore had between the city of
Omaha and the Omaha Water company,
under and pursuant to section 14 of ordi
nance No. 43 and subsequent proceedings
ot the city council of the city of Omaha
relating thereto, three engineers, John "vV.
Alvord, G. H. Bensenberg and Daniel W.
Mead, were selected to ascertain the ap
praised valuation of the waterworks, under
and by virtue of section 14 of said ordi
nance No. 423, and,
Whereas, Said engineer have thl day
submitted to the Water board of the city
of Omaha a report, and which said report,
purporting to be an appraisement of the
waterworks, 1 not tne report oi tne saia
three engineers and la not an appraised
valuation estimated by the said three en
Whereas, Said report. In the manner
and form as made. Is unauthorised, Illegal
and void, and,
Wherea. It appear upon the face of
said report that one of the engineers so
selected.. John V. Alvord. did not . ouoeur
In said report, nor In the values fixed it
said report, a appears upon the face
thereof, and by reason whereof the said
report does not repreent an appraised
valuation ascertained by the estimate of
the aald three engineer, a required by
the aid section 14 of said ordinance No.
Irregularities ( barged.
Whereas, The said engineers, Daniel W.
Mead and G. H. Benzenberg, in arriving
at their said valuations have pursued It
regular and unauthorized methods of pro
cedure, and have In many particular acted
In violation of law and ot tneir auiy in
the premles, and,
Whvreas, The valuation aareed upon by
aald engineer. Daniel W. Mead and G. 1 1.
Bensenberg. are so greatly above the real
value of the property, and so excessive
as to be evidence that the same are Irregu
lar, wrongful and fraudulent, and,
Whereas. Said engineer, Daniel . Mead
and George H. Bensenberg. sitting a ap
praisers, did not act. upon their own judg
ment a to valuations, but upon evidence
presented to them by the Omaha Water
, ng 'Bnd- dp,.,.ptlve. and by reason whereof,
Hi., said engineers. Daniel W. Mead and G.
H. Benzenberg. acting as appraisers, were
misled and deceived, and induced to give
the said property valuation which were
great.lv above their real value, which
ald evidence the said engineer were with
out authority to receive, and which wa mo
received over the objection of tne city of
Omaha, and over the objection of the Water
board of the city of Omaha: and the pur
pose and object of which said evidence wa
to give to the water work a fictltlou val
uation over and above it real value, and,
Whereaa, The said engluuera, Daniel W.
Mead and G. H. Benxerberg. acting a ap
praiser. In violation of their duty, and
against the continued protest and objec
tion of the city of Omaha and of the Water
board of the city of Omaha, did, hy con
tinuance and accommodations, and other
wise grant and extend to the Omaha
Water company a period of nearly one year
and a half of time, o a to enable the offi
cers, agent and representative of the
Omaha Water company to prepare maps,
plana, diagiama and other detailed forms
of evidence, some of which did not. In fact,
represent existing properties, and ninny
of which maps, plans, diagrams and de
tailed statements purported io represent
properties, construction work and materials
which were not within the personal knowl
edge or observation of the persons who
prepared the said maps, plans, diagrams
and detailed statements, and which In
truth and In fact, were not proper or coin
neient evidence of the properties, construe
j tion work and materials which they pur-
ported to represent, and which were mis
leading and deceptive to the said engineer,
and yet were received and accepted and
acted upon by the said engineers, Daniel
W. Mead and G. H. Bensenberg. and with
out original investigation on their part to
know whether the aald map, plans, dia
gram and aetauea statement were cor.
i ,,i glvp to the properties of the Omaha
Water company, on account thereof, valu-
ations far In excess of the real values of
the propertie ho estimated, and.
Whereas, the said engineer. Daniel W.
Mead and G. II. Benzenberg, acting a ap
praisers, permitieo- the officers and agent
of the Omaha Water company to present
to the said engineers In secret. In tne city
of Cincinnati, in the state of Ohio, at a
meeting there held by tha said engineers,
book and other documentary evidences of
ha mri water comoanv. over the wrltian t
protest and oDJertion or tne Water board
of the cliy of Omaha, and which eciet
evi(t.nre. consisting- of book and reonrriu
Iva presented to the said engineers bv the
I officers and representative ot the Oinahn
Water company, and was received - hhk
pnKlnP.ri,. Daniel W. Mead and G. II. Hen
; senberc. and consiaereu dv mem. notwlth-
I standing the protet of the Water hoard.'
and wJilch evidence so submitted to the
"I i ,h i.. rA i, ... "
,y anrt representative were refused per -
mission to see. ana mucii nroeeening was
SO grossly iin-numr mm lu renner null
and void the action of the said
engineer. Daniel w . Mead and
G. H Bensenberg. in arriving at their
valuation, and lo the great wrong and
prejudice of the city of Omaha, and
Valuation Held Fraudulent.
Wherea. the eaid engineer. Daniel W.
Mead and G If. Bensenberg, acting a ap
prauter. either consented to sahl b.x.ks
and documents of the Omaha Water com
pany being transmitted, or caused mni.l
book and document to be tiansinitle,)
from Ihe city of Cincinnati to the city
of Chicago, to be thereafter further ex
amined or considered by the aald engineer.
Daniel W. Mead and G. H. Bensenberg. and
.. 'Continued, ea Second Pajs.)
NEBRASKA WEATHER FORECAST
Pair Tuesday, Warmer In uonthwrst
Portion. Wednesday Fair.
Temperature nt Omaha yesterday!
Hour. Dear. Hour. Den.
. m H4 I p. m K-1
e) n. m...... p. m H.1
T a. m n p. m P-4
Tl 4 p. m
n. n Til It p. m MS
' n. m th H p. m
M m Nl 7 p. m K
IK m m N p. m ftt
O p. m TH
POLICY HOLDERS IN SESSION
Olnry Head Movement to Overthrow
Manaarment of Two Mutual
NEW YORK. July 9. The International
Policyholder' committee organised to over
throw the present management of the New
York Life Insurance company and the Mu
tual Life Insurance company of New York
effected a permanent organization at a
meeting' here today by the election of th
Chairman, Richard Olney of Massachu
setts: vice chairman, Governor J. Frank
Hnnly of Indiana: executive committee,
Alton R. Parker of New York, Governor
J. D. Johnston of Minnesota. Charles
Emory Smith of Pennsylvania. Harlow N.
Higglnhntliam of Illinois. A. M. Shook of
Tennessee. Governor Henry Roberts of
ConncM lent . George Samuel l'ciinypaeker
of Pennsylvania ; finance conunllle.
Thomas R Wanamaker of Penns Ivania,
F. G. Neldrlnghaiis of Missouri. Samuel
Newhouse of 1'tah, Samuel I'littrmyer nt
New York (of counsel), Seymour Eaton
tsecretaryi, G. R. Scrugham (organizer).
The general committee formally added tn
the list of Its member the name of Lord
St. Oswald and Uarmood Rnnnard. M. P.,
to represent .he English policyholder.
After the meeting the committee Issued
un address to policyholders In explaining
the Inception of the committee and out
lining its plan of action.
Reciting that the voting power ha
gradually been transferred from the policy
holders to a few of the executive officer
centered In New Y'ork, the address says
that It I necessary for the 1.2(10.000 policy
holder to organize without delay, a thl
year under the law recently enacted af
fords the policyholder their only oppor
tunity to obtain complete control In one
election, while hereafter only half the di
rectors can be chosen 'n any one election.
ONE INSURANCE CONTEST
Wllllamilisrs Fire Company Will
Admit o Liability. aylnr
F.arthquake Caused Fire.
NEW YORK. July 9. The position fit
the Williamsburg Fire Insurance com
pany with reference to claims growing
out of the San Francisco disaster was
outlined today by President Marahall H.
Drlggs of the company. Mr. Drlggs'
statement wa called forth by the an
nouncement that San Franciaco policy
holders had organized to sue his company
for their recent losses.
"It 1 true that the earthquake clauae
was added only two years ago." said Mr.
Driggs, "and that some of the policy
holders may qot have noticed It, but. If
they did not read their. policies tha.t la not
our-tau ;t.V --y-; y- 'r
"Of course, the ground will tie taken
that the earthquake clause does not ap
ply because It was not earthquake, but
fire that caused the damage," said he.
'We are advised by our counsel, how
ever, that a long a the earthquake was
the primary cause we are not liable."
ROSE GRANTED WRIT OF ERROR
Federal Court Stay J ort anient of
Knnsaa Supreme Tribunal In
Case of Ouster.
KANSAS CITY, July 9.-W. W. Rose,
mayor of Kansas City, Kan., wa tonight
granted a writ of error by David J.
Brewer. Justice of the t'nlted State su
preme court, which reveree the decision
of the Kansas supreme court and stay
j the Judgment of that body In fining Mayor
Rose 11.000 and demanding that ho relln
qulah tils offlce. John H. Atwood of Leav
enworth, Rose's attorney, sent a telegram
to Mayor Rose from Hot Springs. Ark.,
notifying the mayor of Justice Brewer's
Mayor Roe will continue to perform hi
official dutie until the cae I acted up.m
by the I'nited States supreme court and
It Is believed his term of offlce will ex
pire before that tribunal decides the case.
FOLK MAY USE MILITIA
Governor of Missouri Determines to
Close SI. Joseph Saloon
JEFFERSON CITY, Mo., July t. Gov
ernor Folk today issued instructions to
St. Joseph, Mo., police commissioners to
arrest all saloon keepers of St. Joseph who
keep open next Sunday, and If after ar
rests they yet refuse to close up to take
charge of all their stock and ;lace It in
a safe place for evidence against them.
The governor declares the state law must
be enforced and If the police cannot do It
they must give way to others who can.
There Is an Intimation that the governor
will send the state militia.
St. oJseph saloon keepers refuse to closo
because of the decision of the Kansas City
court of appeals that a city ordinance al
lowing them to sell on Sunday In that city
PRESIDENT'S GUARD GUILTY
Chief of Personal Secret Service
Corpa Pnya Fine for As
OYSTER BAY', L. I., July .-J. B. Sloan,
Jr., chief of the president's secret service
corps, pleaded guilty and wa fined HO
today on a charge of assault In the third
degree preferred by Clarence LeGendee a
New xora iuiusiainici, "
1 Movement of Ocean Vessels, July ft.
At New York Arrived: I'nited States,
from Copenhagen; Nicola! II. from Copen
hagen: Zealand, from Antwerp: Ryndan,
from Rotterdam: Mmnomlnee. from Ant
werp. Sailed: Ivernla, for Liverpool.
At Oueenstown Arrived; litonia. from
J New York.
1 rsew iviK, ..uuwi,, -rw
At Liverpool Bailed : Athenla, for Mont
At Olaagow Sailed: City of Bombay, for
St. John, N. F. : Mongolian, for Montreal.
Arrived: Caledonia, from New York.
At Cherbourg tialled: Bremen, for New
At Gibraltar Balled: Prinzes Irene, for
New York. Arrived: Canopic, from Bos
At Genoa Arrived : Sicllia, from
At Plymouth Arrived: Kron Prins Wll-
helm, from New oi k
At Naples Balled: Carp Una, for New
YArtk" Pbllad.lphlaArriysdi JTrlssUaa.
FIGHTING THE FLOOD
Southern Paci6o Making Btrenuou Efforts
to Bare Southern California Tracks.
FORTY MILES OF MAIN LINE THREATENED
Water Pourin Into Ealton Sent from the
WILL BUILD A GREAT DAM AT INTAKE
Spur Nine Hilei Lone: Will Be Constructed
to Haul Material.
RIVER TO BE TURNED INTO OLD BED
Flow of Water Decreased and It Is
F.sprcted All llanarr Will Re
Alerted hy the Middle of
SALTON. Cat., July 9. Confronted with
a final washout within tho next six week
by the rapidly advancing waters of the
Salton sea, ihe Southern Pacific company
Is now making every effort possible to turn
the Colorado river back Into its old chan
nel which lends Into tho Gulf of California.
Forty miles of the company's trsnscontl
nental Hue is affected. Large gangs of
men with teams and grader have been
sent to Pilot Knob, a few mile this slda
of Yuma, and the construction of a nlne
mllo spur track branching from the main
line at Pilot Knob leading down through
Mexico and ending at the famous intake
ha been commenced. Thl track will bs
used for the transportation of material re
quired to dam the flood at the Intake.
The work of checking the flow at the In
take where the Colorado river I rushing
from It old channel into the Salton sink
ha been handicapped by Its Isolation from
the railroad. Machinery and material
needed to construct the dam and head
gate hsd to be hauled nine miles by wagon
or floated down the Colorado from Tuma.
It Is proposed to run tralnloads of rock,
from the quarries near Pilot Knob and
dump them Into the Intake, thus con
structing the dsm. which Is intended to
check the flow of the river In its rush into
the Salton ea and to turn It back Into
the gulf. The opening to be closed I
over 400 feet wide and a dam or a mile
In length will be necessary. With these
transportation facilities those In charge of
the work feel confident that they will be
able td avoid another move of the South
ern Pacific's tracks. Their time I hort.
however. In which to accomplish this feat.
IMPERIAU Cal., July .Ths waters of
the Colorado river at Yuma have fallen to
twenty-two feet, red icing the discharge
about 60 per cent. About ten days ago
the new river had ceased cutting the chan
nel toward ihe Colorado and has almost
stopped cutting at C'alexlco and Mexlcalla,
where no further damage Is expected. It
is practically certain thst the river will
be ttirned to the gulf by the middle of Sep
tember, . - ' -. J , A. f . ' . , - ,
t WfLSCN ; ; CONSULTS ; BACKERS
Secretary gays Chlrasro Meat
Have Agreed to Comply
with it Law.
CHICAGO, July 9. Socretary of Agri
culture Wilson and the chiefs of the pack
ing establishments at the stock yards
held a meeting today. When the con
ference adjourned. In the afternoon, none
of the packer would aay a word regard
ing what had occurred In th confer
ence. Secretary Wilson eaid:
"The meeting was not a formal affair.
The Washington authorities naked me to
meet the packers at the time und place
considered the most convenient. I havtt
nothing to say regarding what transpired.
The public must wait until my work I
finished before I say anything. I am
here today to listen. I am a good
listener. The packers have done the talk
ing today. My mission here Is to explain
the new law to the government Inspectors.
I do not expect to make a detailed In
spection of the stock yards, but will In
form the public, of the result of my labors
while here just as soon as I can."
"I found the general condition at th
stock yards to be good." ald Secretary
Wilson tonight, "and everything was evi
dently being hurried to place the entire
yard in first-class condition and an evi
dent desire upon the part of all those In
authority to comply with the law fully,
"Tomorrow I will confer with ome thirty
government inspectors from various cities
having packing IndiiKtrles. They come to
Chicago at iny request to receive Informa
tion regarding ihe operations of the new
Inspection law and to receive from me their
Instructions as to Its enforcement. The
packers have agreed to comply with the
law. I will lso confer with the packers
a to the time of putting the law Into ef
fect. They will have to make some rhange
In their operation to do this, and I am
willing to grant them time In which to get
ready. Thl should not require longer than
two or three weeks, however.
OCEANIC COMPANY DEFAULTS
Steamship Company Full to Meet In
teres! on Deht and Cred
itor May Art.
SAN FRANCISCO, July . The Oceania
Stesmahlp company ha failed to pay th
July semi-annual Interest ot V.i per cent
on Ita t2.406.ono debt. Thl is the culmina
tion of the company's financial trembles,
which have extended over a period of about
three years, and the holder of th bonds
sre now In a poettlon to take legal action
to foreclose their mortgage on the prop
erty of the company, which consist of
five steamers. Three of these vessels are
In the Australian trade, one run to Tahiti
and the fifth between here and Honolulu.
The firm of J. D. Spreekel sV Rrother
company 1 the chief creditor, having ad
vanced about L'.oofi.Ourt to the company to
meet It annual deficits.
FEUD FIGHT IN TERRITORY
Two Men KJIIrd nnd One Fatally I a
jured In Pitched Buttle Near
Ml'BKOGEE. I. T.. July .- Earnest and
Pleas Hubbard are dead and Reuben Klrby
fatally Injured as the result of a pitched
battle near Wcslvllle, I. T., today between
meinbet of the Hubbard and Klrby fam-
Hies, which nave wen Keeping alive a
! (,.u,i of several months Rifle and pistols
uete uscci iiy is. tn ta'-iions. in a recent
,Lht one of the Klrbys wa shot by Will
ftev.s. a friend of the Hubbard. A deputy
ln,,M m,"'h" J" froEtt
1 U the aceua of th batCa,
Powered by Open ONI