Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 28, 1906, Image 1

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    Fhe Omaha . Daily Bee
VOl. XXXVI -NO. 35.
I '
Eeeretary Wilion Issues Bnlea for Putting
Hew Law Into Effect
Boomi Whew lilline, Packing, Curing Are
Don Shall Ee Clean and Light.
ttrincent Herniations for Destruction of
Condemned Carcasses.
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 application for exemption.
v All animals, carcasses and meat food
products will be subject to a rigid In
spection. Ketnspectlon will be had when
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 )
Decapitated Body of Alfred Ken
nedy of rills Found 5 ear
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
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
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 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
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.
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
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.
Williams' Execution Delayed by Local
Judge Whoso Authority ts
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
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.
Hearlaa- Will Probably Not Conclude
Until Last of Kelt
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.
Committees of Banian Duma Unable te
A tree Upon Praam,
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.
Aside from Requests tr Relatives, All
Property Is 'i.eft to
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 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 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 , - ., j, xr,
Two of Tweuty-Flve Hurt
Probnbly Die ns Result
of Wreck.
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-
Mrs. J. S. Moore, Springfield, Mo.; body
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.
New Orleans Health Officer Says Fish
Can Kill Yellow Fever
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
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.
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
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
Jndce Landii Bender Important Decision
in Volita-Dowie Caie.
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
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
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
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, 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)
Fnlr In West. Showers In East Por
tion Saturday fooler la Central and
East rortloaa. Sunday Fair and
Temperature at Omaha Testerdayl
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.
Man nt Cameron Dnm Succeeds In
Driving sheriffs Posse
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
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
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.
Engineer Killed When Train Jumps
Track on Curve on Iron
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.
ttah Fael rompnny Accused of
Wrongfully Securing 20,000 Acres
of Public Domain.
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.
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
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
At Boston Sailed: Colombian, for I-on-don.
At fMerbourg Airtved: Kalserin All
frusta .W.urU trora Nw York.
Fnti Omaha on Equalitj with Eaniu City
in Matter of Grain.
Diiorimination Eetnoved by Abolition of
Eleratoin Down at Kawville.
Qrain Exchanre and Commercial Interest
Gratified at the Osteoma,
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.
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.