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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 28, 1906)
Fhe Omaha . Daily Bee OMAHA, SATURDAY MORNIXO, JtfLY 28, 11 -TWELVE TAGES. SINGLE COPY THREE CENTS. VOl. XXXVI -NO. 35. I ' fV P" "J INSPECTION OF MEAT Eeeretary Wilion Issues Bnlea for Putting Hew Law Into Effect PLANTS MUST BE KEPT SANITARY Boomi Whew lilline, Packing, Curing Are Don Shall Ee Clean and Light. ANTE AND POSTMORTEM INSPECTION ttrincent Herniations for Destruction of Condemned Carcasses. RETAIL MI AT DEALtrtS MAY BE EXCEPTED rersoa Hating Tuberculosis May Be Employed In Aar Depart ment Wkr Food Is Briusj Prepared. WASHINGTON. July 'il. Secretary Wil lon today made public the regulations under the new law governing the infec tion of treat products for Interstate anJ foreign trjde. Tlioy do not. however, cover the subject of Interstate transportation of neat or trie it.lcroscoplc Inspection of pork 'or export. Regulations on these subjects, t was stater?, will be Issued later. The egulat'uns Issued luduy are stringent hroughotit and urc in line with the best uthi. Titles on the subjects of sanitation, ireservatlves, dyes, chemicals and con-h-innatlnn of diseased carcasses. The general regulations provide that the cope of the Inspection shall cover all laughleiing, packing, meat canning, salt ng, rendering, or similar establishments whose meats or mest food products. In a hol or In part, enter Into Interstste or foreign commerce, unless exempted from inspection by the secretary of agriculture. Under the law the only estnbllshments which may be exempted by the secretsry r retail butchers and retail dealers, sup plying their customers In Interstate or for eign trade, but even these exempted classes are required to submit to the secretary V.in application for exemption. v All animals, carcasses and meat food products will be subject to a rigid In spection. Ketnspectlon will be had when necessary. Sanitation Regulations. T ' tanltation regulations require the es tsbln.lnenta In which animals are slaught ered meats and meat food are pre pared, 'cured, packed, stored or handled, to be suitably lighted and ventilated, and to . be maintained tn a Sanitary condition. All work In auch establishments must be per formed in a cleanly and sanitary manner, V All portions of the buildings must be whitewashed or painted, or, where thfs Is Imprsotlcable. they must be washed craped, or otherwise rendered sanitary; old floors and old equipment, which can not be made sanitary, must be removed and replaced by suitable materials. All trucks, trays, chutes, platforms, racks, tables, ' knives, saws, cleavers and all utensils and machinery used In handling ' 1 maata anust be. thoroughly cleansed dally. Dress of Employes. Employes of these establishments must near outer clothing of a material that Is easily 'cleansed and .made sanitary, and all toilet rooms, urinals and dressing rooms are required to be entirely separate from apartments In which carcasses are dressed, or meats and meat food products are pre pared. Managers of establishments will not be permitted to employ any person af fee ted with tuberculosis In any of the de partments where carcasses are dressed, meats . handled or meat food pro ducts . prepared. Butchers who dress diseased carcasses are required to cleanse, and disinfect their hands and Im plements Before touching healthy car casses. Employes who are unclean and careless of person will not be allowed to - Iiandle meats. Weekly Report Is Required. Weekly reports on sanitation are to be made by the employes In charge of varlou departments to the Inspector In charge of the station, who In turn must report weekly to the chief of the bureau of ani mal industry at Washington, but If an unsanitary conditions axe detected by any department employe such conditions must be reported immediately to the Inspector In charge, who will report to Washington. The provision relating to dyes, chemical and preservatives Is strtns-ent. No meat or meat food product for Interstate com merce shall contain any substances which lessen Its wholesomeness, nor any drug, chemical or dya, unless specifically pro vided for by a federal statute, or any pre servative other than common salt, sugar, .wood, smoke, vinegar, pure spices, and, pending further Imiuiry, saltpetre. Meat and food producta for export many contain preservatives In proportion, which do not conflict with the laws of the foreign coun try to which they are exported, but all meats or food products so prepsred for export must be treated and kept In com partments of the establishment separate and apart from those In which meats and meat food products are prepared for In. teratate commerce, specially labeled and certified and stamped with the word "special." Buch meats may not enter do mestic trade under any circumstances. laipertlos Before llauarbter. The Inspection of animals before slaugh ter, designated In the regulations as the ante-mortem Inspection, Is changed to con form to the new law and to give the sec retary of agriculture authority to require that all animals suspected of disease on this ante-mortem Inspection shnll be slaughtered separately and ap.irt from all other animals, under the careful super vision of federal Inspectors. Heretofore the ante-mortem Inspection has been made in the stock yards at the time the anlmalo arrived and covered animals which were to be slaughtered at establishmenta where Inapection was maintained and those which were slaughtered for local trade. The new law does not authorise Inspection of ani mals for local trade. It came to the at tention of the department that speculators were taking advantage of this form of in spection and the farmers who shipped the animals to market were thereby losing several hundred thousand dollars a year. Under the new form of Inspection the shipper w ill be absolutely protected and will receive full price for all animals which pass the inspection. Condemned Aalsaals Destroyed. 8peclal provision Is made for the de struction for food purposes of all carcasses arid parts of carcasses and meat food products which, upon Inspection or re Inspection, prove to be unclean, unsound, ajftheallhful. unwholesome, or otherwise unfit (or human food. All such meat will be placed In a tank In the presence of a government Inspector, and all openings to the tank will be sealed with a government aeal by the Inspector. Steam will be turned aCentlautd on Second F ) KANSAS MAN KILLED IN OHIO Decapitated Body of Alfred Ken nedy of rills Found 5 ear I.eavHtsburg. WARREN, O., July 27.-Muoh excitement prevsiln today st Iavlttsburg. O., near here, as a result of the finding of the headless body of a man In a berry patch. The head was later found In a nearby hay eld. The body and head were badly de composed. In the pockets were found letters show ing that the man was Albert Kennedy or Ellis. Kan. He hed recently been living at Mantua, where a brother now resides. Kennedy Is known to have had f.V0 Just before his death. Only 75 cents and a sli er watrh wete found In the pockets of the dead man. Kennedy went west a few weeks ago tn sell his farm and he intended to bring his laughter back to Ohio with lilm. If his daughter accompanied him she has disap peared. The police have taken steps to find If the girl accompanied her father and If so to learn what lias become of her. ''nnedy was last seen in Kansas City V.me 26. It Is supposed he was In- s awav from the station at Ieavltte- nir4 .ere he was to have changed cars. and x killed for his money. Kenn -van a temperate, quiet man of bout a. s unclaimed baggage, which was chec. Through from Chicago, has been held Mantua station for two weeks. EI. LIS. Kan ly 27.-Albert Kennedy, whose decaplta. body ass found near i Warren. O., last night, lived nine miles northwest of here for about twenty-five years. He owned n half section or land. Kennedy had been a widower for many years and a daughter had been keeolng house for hhn. It was alleged that Ken nedy's relations with his daughter were questionable. About two weeks ago Ken nedy was told that lie must leave that part of the country. He left Immediately and went to Ohio, his old home. ICE HEARING IN ST. LOUIS Examination of Treasurer Marker- man a Brines Oat Evldenoee of Consolidation. ST. LOUIS, Mo., July 27. The tsking of depositions was begun today before Bpeclal Commissioner Clifford B. Allen In the quo warranto proceedings Instituted by Circuit Attorney Sager against the Polar Wave lee and Fuel company on the allegations that a combination to control the price and output of Ice exists, In violation of the anti-trust statutes. I. C. Muckermann, treasurer of the Polar Wave company, wae the principal witness. He said he had been In the Ice business since IfKO and that he was Interested In the Polar Wave, Merchants'. American and Union ice companies. In answer to a ques tion concerning division of territory among the companies, he said: There was no understanding as to terrt tory, but the four companies I was Inter ested tn did not Infringe upon each other's territory." He stated that In February, lWtt. the fol lowing seven companies consolidated: fTnmpnh)', ' MiU'tBrmajm tee companyrHy aeia Ice comDany. union Ice company. Huse-Looml Ice company and the Creve Cour Lake Ice company. Muckermann said that the rrtiar wave consolidation bought the assets of ths seven companies for $1,800,000, paying cash. He testified that the Polar Wave Ice company controlled 40 per cent of the wholesale and retail Ice business In St. Louis. H. O." Tenney, secretary of the Merchants' company, testified that his company Is the largest competitor of the Polar Wave com pany and that he knew of no agreement to control prices. John C. Muckermann, vice president of the Polar Wave company, testified that ha knew of no agreement concerning prices. LEGAL TANGLE IN ALABAMA Williams' Execution Delayed by Local Judge Whoso Authority ts Questioned. BIRMINGHAM, Ala., July 27. Members of the legal profession of Jefferson county are In a quandry tonight over the most noted action in a criminal case ever taken In the state. Last night Judge Samuel L, Weaver of the criminal court granted writ of habeas corpus In the case of John Williams of Cullman, Ala., Just twelve hours before the time set for the execution of the prisoner for the murder of State Senator R. L. Hipp. The writ was made re turnahle today. The prisoner waa con vlcted in the circuit court of Cullman county and the supreme court of Alabama affirmed the sentence. Williams was brought here for ssfekeeping. The petl tlon for the writ of habesa corpus was made on an Insanity plea and the question whtch has been argued by counsel all day In ths criralnsl court is whether a Jefferson county official has Jurisdiction and author ity to Issue the writ. The arguments be fore the court have been continued until tomorrow. Meantime the hour for the legal execution had expired and It waa thought a new date for the hanging will have to be set In ease of failure to sustain the Insanity plea. Governor Jelks, however, came to the rescue and granted the prisoner a resplt until tomorrow. He will grant respites from day to day until the question Is settled. Sen tlment In this community and In north Al abama. where the crime was committed hss not been so thoroughly aroused since the famous Dawes riot In 1". The popu lace favors Williams. HARTJE CASE DRAGS ALONG Hearlaa- Will Probably Not Conclude Until Last of Kelt Week. PITTSBURG. July 17. From the lndt cations today the Hartje divorce case will not be reminded before the latter part of next week. Counsel for Augustu Hartje. the plaintiff, said today that they would not be able to finish the evidence In rebuttal today and the trial will there fore be carried over until next week. Is expected that the plaintiff will 30 on the stand before the close and deny cer tain allegations made against him. Prof. W. A I 'rake, ths handwriting expert for Hartje, said the contest over the hand writing In the case had been the longest and hardest fought since the famous "Junius" letters written In England over a century ago. Boy Forges Cheek. VERMILLION. 8. D.. July T7. -(Special Telegram.) Willie Jungerman forged a First National bank check on Stanley Ketchum for 177; cashed It at Lee Prentls' store and skipped before the forgery wae knoaa. Ue la II years old. OPEN REVOLT IS POSTPONED Committees of Banian Duma Unable te A tree Upon Praam, CONSTITUTIONAL DEMOCRATS URGE DELAY Loaders Hay that ew Mlalstry Mas Not let Proven Reactionary and that It Should Be Given n Trial. ST. PETERSBURG, July 27. The efforts of the revolutionary parties, except the rightests. In the lower house of Parliament, which at the proper moment were to pro claim a provisional government, came to naught today owing to the opposition of the constitutional democrats, who appar ently are afraid of compromising them selves, while one wing, headed by M. Na boukoff, showed thst they already bad been won over to the side of the ministry against the progrsm of open revolution. In spite of the activity of the police, rep resentatives of four parties In the lower house, the constitutional democrats, the democratic reformers, the socialists and the group of toll, about fifty In number, suc ceeded In assembling this evening In a pri vate house, where they deliberated on the proposal of the socialists and group of toll to form a Joint committee with power, "when the situation Justified," to order a general strike or armed revolt, and either to convoke the old Parliament to asume the reins of government or proclaim a con stituent assembly. The constitutional dem ocrats objected to the plan and proposed Instead the appointment of four commit tees, which would work In co-operation but lthout formal union. Editor Hessen fa vored more radical steps, but M. Naboukoff efended Premier Rtolypln and denied that the administration had as yet proven Itself reactionary, urging that It should be given chance to Justify Itself. M. RamlschwIH. socialist deruty from the Caucasus. In a rage denounced M. Naboukoff and his friends as traitors who had sold the cause of liberty for office. He demanded the Im mediate severance of all relations with the constitutional democratic party. Others In terposed and prevented an open rupture, but the meeting broke up without a decis ion. Further co-operation between the two factions Is Improbable. Manifestos to Nation and Army. Representatives of the two Polish social Istic organizations, the I,ettlsh socialists and the Jewish bund, or Zlonlstlc socialists, arrived here today to participate In the rev olutlonary conferences. The manifestos to the nation, the army and navy and the Cos sacks will be signed by these representa tives as well as by the regular Russian or ganisation. The printing establishment of the sup pressed Journal, the Echo, where thousands of copies of the Vlborg manifesto were be Ing surreptitiously printed, was closed to day by the police. The socialists, who were preparing to Issue a revolutionary paper from the establishment, are now planning to print It by force In one of the regular printing plants. ' The police today searched the house nr Prof. Borodin -of the ".University- St. JateruikIoier.UnSt.f.'fhe par liamentary group of toil were being ncid and seised all the papers of the committee. Negotiations relative to the enlargement of the cabinet have not yet been com pleted. Former Premier Goremykln will leave next week for France. Optimistic Financial statement. Finance Minister Kokovsoff has accom panled the figures of the revenues for the first five months of the year H18,8SO.0H0, compared with !391,80O,0OO the correspond Ing period last year, with an optimistic statement declaring that Russian finances are more than satisfactory, and that the assertions of the revolutionists that Rus sia Is on the verge of bankruptcy are In ventions, adding that "an organization which has been building for centuries Is too strong for persons of even the maddest energy to overturn." On account of the Indignation which has been caused by the announcement of serv ices of thanksgiving for the dissolution of Parliament In various cities, the holy synod today issued an encyclical directing that the reading of the emperor's man! festo In the churches on Sunday shall not be accompanied by such services. The bishop of Poltava, however, today cele brated a te tleuin over the dissolution. Tsar in High Spirits. The emperor is convinced that he took the right course tn suppressing Parliament. A member of the nobility enjoying personal relations with the sovereign, and who saw him yesterday, Informed the Associated Press today that the emperor displayed ex ceptionally high spirits. Two weeks ago, when he saw the emperor, he seemed under a great mental strain over the situation. But with Parliament off his hands and the government again free to pursue its own policy, a great burden appeared to be lifted from his shoulders. The original plan of creating an advisory council, the emperor having broken down Premier Stolypln'a purpose. Is to form a reorganised cabinet containing nonbureaucratlc elements which will be able to introduce the policy of "strong-handed reform" proclaimed by the government. He has secured tentative ac ceptances from M. Guchkoff. the prominent moderate member of the Moscow temstvo; Prince Georgt Evgororovlch Lvoft of Tula, Prince Nikolai Ntkolalevich Lvoft of Sara tov and M. Stakovich of Orel, upon the con dition that no less than half the portfolios are to be given to nonbureaucrata and that a broad, conciliatory program of reform will be proclaimed' in the hope of calming the population. Some of these with whom M. Stolypln la negotiating are Insisting that the program must Include an unequi vocal declaration In favor of placing the Jews and all other Inhabitants on an equal footing before the law. Appeal to Moderates. The offlcbil Ross la. In a rather pathetic leading article, today summons the people who really desire to see Russia regenerated to abandon their Indifferent attitude toward the revolution and strike hard for the gov ernment, "which la opening the doors to an eta of reform." declaring that "no gov ernment hss the right to try experiments with the country." Running parallel with these liberal prom ises. M. Stolypln has Issued another circular to the governors Instructing them to keep close wstch on the population, to prevent meetings tending to lawless acta and giving them authority to expel dangerous char acters and arrest persons belonging to rev olutionary parties, and when found In pos session of Incriminating documents to "exile them to the uttermost limits of the empire." Transcaucasia has been placed under a stats of exceptional security. Damn Member Arrested. BRE8T-LITOV8K. Russia. July 17.-M. Kondreschux. a member of the outlawed Parliament, has been arrested In a neigh boring village for Inciting the peasantry to rise. The prisoner was removed to the tort re sa. RUSSELL SAGE'S WILL FILED Aside from Requests tr Relatives, All Property Is 'i.eft to Widow. NEW TORK. July 27 The will of Rus sell Saga, which was filed for probate to day, bequmths all of his estate to his widow, Margaret Ollva Sage, after the payment of 12.1.000 to each of Mr. Sage's nephews and nieces and tlft.OX) to his sis ter, Mrs. Fanny Chapln of Oneida, N. T. Mrs. Chapln died slnoe the will was made. The will also provides that In case of any of Its beneficiaries contested the probate of it they shall be cut off from any share In the estate. There was nothing In the will to show fhe value of Mr. Sage's estste. The will was dated February 11, 1901, and was sworn to by Edward Townsend and R. W. Freedman as witnesses. It consists of about 800 words. T'lere are eleven sec tions. The first section provides for the pay ment of Mr. Page's ilehts and funeral ex penses. By the second section Mr. Sage bequeaths tRuoo to Mrs. Fanny Chapin, wife of Samuel Chapln of Oneida, N. T., his sister. By the third section he gave $25,000 to each of his nephews and nieces and provides that In ct.se any of them died before him their allotment shall be dis tributed among their heirs. The fourth section provides: All the rest, residue and renninder of my estate, I give, devise and bequeath to my wife, Margaret Olivia Sage, to have and to hold the same to her, abi-olutely and forever. The fifth section provided that this provision for Mrs. S ige Is to be In lieu of all right of dowe 1n the estate. By the sixth section Mr. Bape empowered his executors to sell a II his real estate. In the seventh section he, provided that In case of his bequests 10 his sister, nephews and nieces lapse or 'all. the amounts so bequeathed shall revot to Mrs. Sage. By the eighth section Margaret Olivia Sage, Pr. John P. Munn and Charles W. Osborne, "long my confidential and trusted assistant," were appointed executrix and executors of the will, and it was provided that In case Mr. Osborne refused or was unable to serve as executor, Edward C. Osborne ah Mild fill the vacancy. It pro vides also that none of these persons should be requested t" give bonds. Under the ninth s -etlon the executors were authorized to rent an office to transact the business of Mr. Sage's estste. The tenth section revokes all former or other wills or testamentary dispositions at any time heretofore made. The eleventh section read as follows: Should any of the beneficiaries under this will other than my said wife object to the probnte thereof, or in any wise, di rectly or indirectly, contest or aid in con testing the same or any of the nrovis ons thereof, or the distribution of my estate thereunder, them and in that event I annul any bequest herein made to such beneficiary, and It is mv w II that such beneficiary shall be absolutely barred and cut off from any share In my estate. While there was nothing In the will to show the value of Mr. Sage's estate, at torneys for Mr. Sage estlmate.lt at be tween t7O.000.000 and $80,000,000, of which amount about taft.ono.ftoe la outstanding. In the petition for thelrrobate of the Sags will the value of Mr.iSage's real estate wae given as more than 11,01,000 and the value of his personal properly as . more than isn.ooo. , - ., j, xr, PASSENGERS FATALLY INJURED Two of Tweuty-Flve Hurt Probnbly Die ns Result of Wreck. Will SPRINGFIELD, Mo., July 27. Twenty five passengers were Injured, two probably fatally and over a score more were badly shaken up In the derailment here last night of three coaches of a St. Louis & San Francisco train, bound for St. Louis. The probably fatally hurt are: R. J. Thorpe, Montloello, 111., concussion of brain. Mrs. Kate Schoulty. High Gate, Mo., head Injured; hurt Internally. Seriously injured: Florence Richmond, Muskogee, I. T., In juries to head. ausanne Hunman, Husn tsprings, 1. T., hips Injured. rury Holt, Carthage Mo., back In- Jured. Mrs. J. S. Moore, Springfield, Mo.; body bruised. J. A. Murphy, Cape Girardeau, Mo., cuts. The train, which was ten minutes late. had left the station and was Just getting under way, when the trucks of a forward coach left the track at a split switch and was thrown on Its side. This coach con tained about sixty passengers and all re celved Injuries. The two sleepers re mained on the raUs. W. T. Tyler, superintendent of the Sec ond district of the 'Frisco, personally supervised the relief of the Injured. MINNOWS TO FIGHT MOSQUITOS New Orleans Health Officer Says Fish Can Kill Yellow Fever Transmitters. NEW ORLEANS. July 27.-A proposition to use top minnows In stagnant pools In place of oil to destroy yellow fever mos qultoes and to prevent their breeding was advocated today by Dr. Qulttman Kohnke, health officer of New Orleans, in an inter view. Dr. Kohnke said. Top minnows are more efficient as mos quito destroyers than the gold fish which are reported as ridding water of mos quitoes in Hawaii. In stagnant water I believe that the minnows are better than the UBe of oil, which spreads over the surface of the water. At the present time in the city drainage canal there are aurh clent minnows to destroy all the wiggle tails which develop Into mosuuitoes. The top minnows breed rapidly, so that If prop erty handled their supply can be almost inexhaustible. The city of New Orleans Is at present spending 160,000 In a campaign against the mosquito pest, cutting down weeds to dry up stagnant water pools and oiling wher ever the ponds do not readily evaporate. CLARK CALLS ON PRESIDENT Member of Interstate Commerce Con. mission Talks Over Masters at Oyster Bay. OYSTER BAY, L. I-. July r,. President Roosevelt's callers today included E. E. Clark, the newly appointed member of the Interstate Commerce commission. He came to talk over the railroad rate law and get In touch generally with the president's ldas regarding the enfircement of this law. The president today announced the fol lowing appointments: BranBford Btevens Miller, jr., of New Tork. to be Japanese secretary and Inter preter to the American embajiy In Japan Will k Ixwery of Illlnoin. consul at Weimar, Germany George B. Wardinan of Pennsylvania, con sul at Aguascalirtiies. M-xicu. Emt-st I.. Harris of Illinois, consul at Smyrna. Turkey. To be postmasters: John N. Newklrk, San Diego. Cel.; Frances I. Wenters. Monu peller. Idaho. B H Clapp, Clyde. Kan.; John F Read. EJkpoint. 8. X.; Hal 61o;s ton, Jefferson, T ZION CITY DECLARED TRUST Jndce Landii Bender Important Decision in Volita-Dowie Caie. JOHN C. HATELY APPOINTED RECEIVER Hr. De. n a. m...... Tl 1 p. m i, u TO B p. m sw Election Ordered to Be Held In De- 7 a. m Ta S p. m j 8 a. nt T.I 4 p. m ...... W cember When Adult Resldeata a. m T5 B p. m " of Zlon Will select to a. tn T Bp. nt 11 n nt Ha T p. m...... T Overseer. , m M t p. m CHICAGO. July 87. Neither John Alex ander Dowie, founder, nor Wilbur Glen Voliva, present general overseer. Is given the property estimated to be worth $12,000,000 to J21.0u0.oru. In the decision handed down today by Judge K. M. Landis of the United States circuit court In the Zlon City case. Instead Judge Landis declared Zlon City a trust estate, named John G. Hat el y. member of the Chicago Board of Trade, a receiver of the property and ordered the holding of an election September IS. when the people of the Christian Apostolic church In Zlon City shall choose their overseer. Judge landls will decide later what com pensation Dowie will be allowed for his past Bcrvlces. The gist of the court's decision Is In the ruling that contributions of property and money given Dowie were in trust. Judge Landis declared the conveyance of the Zion City property by Vollva under power of attorney to John Alexander Granger to be void. Judge Indls quoted from writings of Dowie to show that the latter had always regarded the property of his church as a trust. The adjudication In the bankruptcy proceedings against Dowie was also set lelde, so that pending litigation against Dowie may automatically be restrained until the entire litigation Is ended. Receiver Hately's bond of 125,000 was ap proved late In the afternoon by the court and he went Immediately to Zlon City and assumed charge of the property. Finding of the Court. In the decision which straightened out the apparently hopeless tangle of the af fairs of Zlon City Judge Landis said In part: It appears that Dowie, a native of Scot land, where he had received a theological education, came from Australia to the Pa cific coast In 1W8, and remained there a number of years engaged In church work; from there he came to Chicago and In 1KU undertook the Zion City enterprise in ex ecution of a scheme conceived by him many years before; that he purchased a vast tract of land, a part of which was subdivided ar.J laid out In park and residence property, provision being made for manufacturing sites; that the grantees of building lots erected houses ac commodating 6,000 or 8,000 people; that Dowie constructed school houses and col lege buildings at a cost of several hundred thousand dollars and a tabernacle seating 7,000 people, and that a lace factory, soap works and other Industrial enterprises were established to give employment to the In habitants of Zion City, who were practi cally all members ' of the church. The financing of tlite scheme waa accomplished In part by moneys received from purchas ers of lots under L100-year leasee, but a lerVpare- mt . 4.h.4ApUaJr-wa wonnjr tributed to Dowie by persons outsida- of Zion City. Test I mo uy of Dowie. Dowie's testimony respecting the origin of the property and hie relation to it Is then quoted as follows: 1 acquired this property by the gener osity of good people throughout the world; 1 have looked upon the estate as the result largely of my own good sense under God; the money came In tho form of contribu tions from the same common sourse the people all over the world mostly outside of Zion City; I believe the property to ba completely mine to do with as l please, and that no human being nas any claim or in terest In It. 1 consider, however, that tne way I got the property and the way In which I have It bonds me absolutely, when I have ceased to control it, to put it In trust In perpetuity for the Christian Cath olic Apostolic church, so that It shall go down to generations to do good in that line, with the exception of 2Vj per cent, which I think Is fair for myself and my family. I did think b per cent, but 1 have reduced It to 'it and am somewhat Inclined to re duce it still more. After calling attention to the fact that Inasmuch as Vollva's conveyances to Granger were In plain violation of the spirit and Intent of Dowie's power of attorney to Voliva, which the court holds, both Vollva and Granger well knew, the court said: "As between Dowie, Vollva and Granger these Instruments were mere waste paper." The court then traced Dowie's church ca reer, beginning in Australia, down to his work in Zlon City, and found that Dowie had for many years been In receipt of a 1 large revenue which he devoted to church and charity purposes; that the amounts re ceived by him aggregated In some years J25O.0O0; that Dowie had not sought to amass a private fortune, but that he engaged In secular occupation In aid of the propaga tion of his religious doctrine, or, ss Dowie expressed It, "For God and humanity." Law as to Trusts, The court then says: It ts a well recognised principle of equity that where a person accepts money In property to be used by him for the benefit of some other person or persons, or for the advancement of some lawful enter prise, such money or property constitutes a trust estate. The Inquiry then Is, did these offerings come to Dowie for his private purpose, or did the contributors Intend that the funds should be devoted to charitable or religious uses. If for any other purpose other than the purely personal benefit of Dowie. the estate Is a trust !t Is thfe duty of the court to get at the substance of the thing, and In ascertaining the purpose of the gift, the court Is not limited to an In spection of documents or other specific declarations of the parties made at the time. If their relation Is one of con fidence, or if he who receives the money is in a position of Influence over lilm who gives the money, aa, for instance, If the person receiving the money Is the advocate of a religious faith, and by word and at titude and environment. Induces a convic tion In Hie minds of a large number of people, that as an instrumentality of divine, authority. lie ion mm uwr, i.it.v ihitbiiiu ills, and is clothed with power to exert an influence upon the spiritual welfare of men and women, who thereuiwn give him of their lands and goods, surely the motive of such gi:t ougm 1101 ion 10 remain a matter "f doubt In the minds of rational men. The fact that such contributions came to him In the form of checks and currency, through the mail and express, the contributor omitting to require the ex ecution of a formal declaration of a test does not tend to divest these transactions of their real character. It Is just as If the contributor, sitting In a church pew, had placed the funds on the collection filate passed to blm by a deacon. Surely n such case the court would not decree that the parson might put the money In his pocket on the alleged score of no agreement to the contrary, merely be. cause the contributor had failed to arise in his place snd exact a pledge of trustee ship from the pulpit. Dowie's Claims Inconsistent. It would be difficult to conceive of any thing more Inherently Inconsistent than Doale's claim of private ownership and his admission of trust obligation for the spiritual welfare of generations unborn. He says it Is his own property, and yet be considers that becsuse of the way ha got it. he is absolutely bound to turn it over to his successor In perpetuity for the (Continued 00 Second Page) NEBRASKA WEATHER FORECAST Fnlr In West. Showers In East Por tion Saturday fooler la Central and East rortloaa. Sunday Fair and Warmer. Temperature at Omaha Testerdayl SPECIAL GRAND JURY ORDERED New Evidence Against standard Oil Company Discovered by Federal Attorneys In Chlraero. CHICAGO. July J7.-Standard Oil com pany methods of trsnsportatlrm cf Its products are to be Investigated August . when a federal court grand Jury will con vene In Chicago to take testimony on that subject. The decision to draw a special grand Jury was reached late this afternoon after an all day's conference between the government lawyers In the case and Judge Iandls. In the United States district court, issued the order for the Jury. District Atorney J. J. Sullivan of Cleve land, Assistant District Attorney Frances Hanchett. 8cclal Ag-nt T. C. M. Shimbler of tho Department of Commerce and Iabor, Assistant District Attorney General Oliver E. Pagin and Special United States At torney C. R. Morrison were In the confer ence at which It was decided to call a grand Jury Instead of filing an Information against the defendants to place them on trial. It is declared that new and Important evi dence was discovered this afternoon, bring ing about the change of program. DEITZ STILL HOLDS THE FORT Man nt Cameron Dnm Succeeds In Driving sheriffs Posse Away. MILWAUKEE. July 27. All efforts to capture John F. Dleti have been abandoned, according to specials from points near Camtron Dam, where Wednesday's battle took place. The wounded soldier has dis appeared and Sheriff Oyiland charges Dletx with having killed him In revenge for the wounding of his son, Clarence. Sheriff Gylland, It Is reported, has decided to make no more efforts to capture Dletx. Colonel G. Munson, secretary to Governor Davidson, said over the long distance tele phone tonight that no order for troops to capture Dletx has been Issued by Governor Davidson. LADYSMITH, Wis., July 27.-Flve of the six militiamen who engaged In the fight to capture John Dletx are reported to have reached Winter, the nearest town to Cameron Dam. The sixth man Is supposed to be the one who was shot. The militia men were acting as Individuals In a sheriff's posse. SUGAR REBATE INQUIRY ENDS Federal Grand Jury In Xew York Finds Two Indictments Agtainat , Three Corporations. NEW TORK. July 27. The federal grand Jury appeared before Judge Hough in the United States district court today and pre sented two Indictments against three cor porations as a result of Its lnvestigstlons Into rebating In connection with the Amer ican Sugar Refining company. United States District Attorney Stlmson declined to make public just now the names of the corporations Indicted. W. E. Foster, gen eral auditor of the American Sugar Refin ing company, was one of the witnesses be fore the Jury yesterday. It Ib said that at leaBt one of the big transportation com panies Is named In the Indictments. FATAL WRECK IN MISSOURI Engineer Killed When Train Jumps Track on Curve on Iron Mountain. IRONTON, Mo., July J7. A fast north bound St. Louis, Iron Mountain A Southern mall and passenger train, drawn by two engines, was wrecked near here last night by the engines Jumping the track at a sharp curve, killing Engineer W. J. Edy, St. Louis, of the first engine and seriously Injuring Fireman George E. Chard, De Soto, Mo. The engineer and fireman of the second engine escaped with bruises. Sev eral mall clerks were bruised, but none was seriously Injured. The baggage, mall cars and two coaches left the rails and plunged Into an embank ment. Beyond bruises none of the pas sengers was Injured. SUIT TO RECOVER COAL LAND ttah Fael rompnny Accused of Wrongfully Securing 20,000 Acres of Public Domain. SALT LAKE CITT. Utah, Jury TT. Four suits for the recovery of 30.000 acres of valuable coal land alleged to have been acquired from the United States by gross frauds were filed In the United States court for this district today. At torney General Moody and District At torney Hiram E. Booth appear as com plainants snd the Pleasant Valley Coal company, the Utah Fuel company and their officers as defendants. CONSTANTINO NOT MAN WANTED aspect Arrested at Ponajhkeepsle Not the Murderer of Mrs. Arthur Gentry. rOUGHKEEPIE. N. Y., July 27-Fritx Constantino, the young man who was ar rested at the Tivoll last week charged with being the alleged murderer of Mrs. Arthur W. Gentry of Chicago on January 6 last will be discharged tomorrow. Constantino Is not the man wanted by the Chicago au thorities, although he bears a remarkably close resemblance to the murderer. Movements of Ocean easels July 2T. At New York Arrived: Pretoria, from Hamburg: Lucanla, from Livermml:: Ij Lorraine, from Havre. Sailed: Cedrlc, for Livvipuui, iiuason, lor itavre. At Liverpool Arrived: Frlesland. from Philadelphia; Victorian, from Montreal; Bohemian, from Boston. Sailed: Celtic for New York. At Naples Arrived: Nord America, from New York. At Trieste Arrived: Gerty, from New York. At Havre Arrived: Bt. Laurent, from New York; La Bretagne. from New York- At Queenstown Arrived : Cymric, from Boston; t'ampania, from New York Al Philadelphia Arrived: City of Bom bay, from Uverpool. Hailed: Merlon, for Liverpool. At Boston Sailed: Colombian, for I-on-don. At fMerbourg Airtved: Kalserin All frusta .W.urU trora Nw York. ROCK ISLAND YIELDS Fnti Omaha on Equalitj with Eaniu City in Matter of Grain. GOWER'S VISIT HERE BEARS GOOD FRUIT Diiorimination Eetnoved by Abolition of Eleratoin Down at Kawville. BOYCOTT WORKS LIKE A LOVELY CHARM Qrain Exchanre and Commercial Interest Gratified at the Osteoma, LINE ALSO MEETS OTHERS ON CUT RATES Announces Schedule of Tariffs to Apply from Missouri River to Chicago and ta the Gnlf Polnte. The Rock Island has yielded te the de mands of the Omaha Grain exchange and Commercial club and abolished the pay ment at Kansas City of the elevation charge of lt cents per bushel on grain there, while paying no such premium on receipts In Omaha. Not only this, the Rock Island has met the reduced rates on grain from the, Missouri river east and south Introduced by competing lines. But this latter action Is a matter of slight concern to Omaha grain men as compared with the concession on the elevstlon charge. That is the big thing. That Is the con cession brought about by the boycott imposed upon the Rock Island only a few days ago and It means much, grain men contend, to Omaha. The discrimination against Omaha and In favor of Kansas City was removed by the abrogation of the elevator allowance at the latter city, giving Omaha the gratifica tion of seeing Mr. Gower's visit here bear gnod fruit very promptly. When Mr. Oower came to Omaha and saw what a united and determined sentiment hsd set In against his road It was thought then he would not be slow to perceive thst he nor the entire Rock Island could turn the tide by frank refusal or conciliation. He was advised that Omaha had passed tho day of playing second fiddle In these sort of things snd that his road could either do as much for this city aa It waa doing for Kansas City or take the conse quences. And Mr. Gower decided they didn't need the consequences. Announcement Comes front Chlcaaro. Announcement wss made yesterday aft ernoon that the Rock Island had abolished the payment of elevation of 1H cents at Kansas City and had met reductions in grain rates from Omaha to Minneapolis, St., Louis and southern and gulf ports. The information was received by telegram from Traffic Manager Gower of Chicago yesterday by J. E. Utt. general agent. The reduction In rates amounts practically to 4 cents a hundred, 24 cents actual reduction In schedule and 1'.4 conslst'ng of the eleva tion charje. The situation now wae set forth by Mr. Utt In this statement: ,1 "All the roads entering Omaha hare wtped ons IhelevatUtKaarga jreet oMtt . river except the Union Pacific. These charges have been paid principally by the Burlington and the Northwestern, as they have originated most of the grain, the charges of li cents being paid the central elevators. The Rock Island never paid any elevator charges Into Omaha because It had no central elevator Ifl this city. It was tied up in a contract with a central eleva tor In Kansas City, but this contract waa abrogated today, so that Kansas City, St. Joseph, Atchison and Omaha, outside the Union Pacific, receive no elevation al lowance. This places all Missouri river cities on a parity. The other roads have taken the position that they will let the I'nlon raclflc at Kansas City, Council Bluffs snd Omaha pay the elevation charge, but they will cancel It." This schedule of rates, being a reduction of 4 cents from the old rates, has been nnounced by the Rock Island: Minne apolis wheat 7 cents, corn S cents: Chi cago wheat 8 cents, corn T cents; Peoria wheat 6V1 cents, corn 54 cents; Little Rock wheat, IS cents, corn 13 cents; GalvesUm export wheat snd corn 17 cents; St. Louis wheat 5 cents, corn 4 cents; Memphis wheat 10 cents; corn 9 cents. The New Orleans rate is the same as Galveston on export business. Reason for Rate scramble. Dark rumors are circulating as to the reason for all this cutting and slashing of the grain rates from the Missouri river to Chicago. The reason given by some Is that the roads were forced to make the cut to meet the action of the Rock Island In giving an 8-cent rate on flour from Kaisas City to Chicago. They claim the finished product Is not entitled to a lower . rate than the raw material, and to pro tect themselves they had to make as low a rate on wheat as the Rook Island la making -on flour. Another rumor has It that someone hat made a contract or a midnight tariff and got all the grain In sight and then made the rate. The roads look with suspicion on the Milwaukee, ae It was that road which announced the rate, and which did not make the mistake this time It did last year when the rate was rut from Kan sas City snd not from Omaha. General Agent Nssh of the Milwaukee says that nothing of the kind has been done this time to his knowledge. Rsrllnartnn Puts In Rate. Burlington officials announced yesterday afternoon that they would put In a pro portional rate of i cents per hundred en wheat and flour from Missouri river points to Chlcego, effective July SO and expiring August 10. Rtween the same points the rate on coarse grains and producta will be 7 rents, with the usual differential to the Mississippi river, making the rate on wheat from Missouri to Mississippi rivers I cents and on coarse grains 4 cents. The rate on wheat from Omaha to Minneapolis will be 7 cents. Rate War Mettled. CHICAGO, July 27. The war on grain rates from Missouri river points to Chi cago will come to an end August V Thla decision was reached at a conference today at which every road running west of Chlcsgo wss represented. The tariff cut, which for twenty-four hours gave prom ise of serious consequence, was precipi tated by fhe Chicago Great Western s quotation of a proportional rate of t and 7 cents on wheat and coarse grains from the Missouri river to Chicago and the action of the Wabash In quoting a througn rate of IM cents on grain from the Mis souri river to the seaboard. The confer ence agreed that all western road should meet the Great Western grain rates. t' tariffs to expire August 10, when rate ats to resume their normal condition. The Great Western agreed also to abandon the I cent rate on flour from the eourt river to Chlcige the aam da. V