The Omaha Daily Bee
VOL. XXXVI -NO. 127.
OMAIL, TUESDAY MOKNING, XOVfLMRKU 13. 190G-TWELVK PAfJES.
SINGLE COPY THREE CENTS.
19
1
7
. a
AFTER 0 COMBINE
United Statu t Print f uit to DiuoWi
( Keifellr Truet.
ACTION UNDER SHERMAN ANTI-TRUST ACT
Pita It to Distribute f tck Amtoc Eichty
flonititoant Cuipanii.
WILL COMPEL THEM TO OBEY LAW
ftptoB Ti en t PreT.nt Aty Com
bination in rutnro.
FOUR SUITS ARE FILED IN OHIO
Hrarr Gtirml iffki to Prrt
Four Csccrrii from Contlnnlnn
Their Relation with the
tmndard Oil Company.
WASHINGTON. Nov. 11 While no au
thoritative statement could he obtained In
regard to the matter, there Is good reason
to believe that the government ha decided
to Institute proceedings against the Stand
ard Oil company under the Sherman anti
trust act, with a view to oh' . m
of the court dissolving f" 'y
ng an ordor
any a It
now exists and restoring 'n
seventy-five or eighty crmstlt y(.'t.
Its proportionate share of tl.
of the
fanlej
and
also compelling the observance
Inhibiting thorn from entering Into . V
tract, agreement or understanding fy,
each other with a view to malntk. sy
.ri of oil. . .
Four Mnlta Filed tn Ohio.
OLUMBl'8, O., Nov. 12. Bulla were filed
i. the circuit court at Lima, O., this even
ing by Attorney General Wade EUI agalnat
four subsidiary companies controlled by
the Htahdcid Oil Company of New Jersey
to prevent the further operation of the al
leged combination -popularly known a the
Standard OH trust. The companies named
us defendants are the Ohio Oil company,
the Solar Refining company, the Buckeye
Pipe Line company and the Standard OH
Company of Ohio.
The petition asks the court to oust the
four companies from their assumed light
to permit their stock to be controlled by
the Standard Oil Company of New Jersey,
and that they be prevented from continuing
th-lr operations as auxiliaries of the so
called OH trust. The eults are the out
growth of the recent trial of the case
against the Standard Oil company at
Flndlay.
Draw Trnst Holt Argued.
INDIANAPOLIS, Nov. U-Oral nrgu
nientu on, the demurrer of the defendants
in tli case of the United Sttte agulnst
tha National Association of Retail Drug-
'-UU and other wo begun In the federal
court hare today. The casti Is commonly
knowc as tho suit against the Drug trust
and 18 brought under the Sherman anti
trust law. - .
PUSH FOR" BHYANT BOOM
"iirnercUi" Vrw-rrtra Organise to
Promote Nebraska' Cdlaejr
for the Pre.ldeney.
NEW YORK. Nov. U.-At a meeting of
thu Commercial Travelers' Ant'.-Trust
league today William Hoge. president of the
league. In an address advocated William
Jennings Bryan for the next democratic
residential candidate, und urged the mem
bers of the organization to usslst In ci-
........... -..rv i hhalf of Mr.
luoiienuiH i.i un '" -
Bryan. Harry W. Walker, chairman of the
eseeutive commJltee, spoke along the same
line as Mr. Hodge.
It was voted that a committee be ap
pointed, to consist of 6.000 democratic com
mercial travelers, to be known a tho
"Traveling Committee." It wa pointed
nut that the members on their Journeys
ovar the United State will distribute liter
ature and organize Bryan club. It was
also voted to establish u "record bureau,"
tn wWcfc articles attacking the trust will
be kept to b reprinted in pamphlet form
for distribution.
At tha meeting It was decided to give a
dinner at least once a month, to which
democrat of prominence will b Invited. It
wa announced that Mr. Bryan would be
Invited i to bo the guest at the first of
the dinner. .
CONTEST BEGINS IN NEW YORK
Republican Take Steps to Have Pro
tested Mnllot Examined
by Conrt.
NEW1YORK, Nov. 11 Formal application
on behalf of candidates on the republican
slat ticket at tha recent election for a
Judicial examination of all void and pro
tested tallots in New York county was
made today by A. 8. Gilbert iu the su
preme ourt. Mr. Gilbert, who Is a law
partner or Attorney General Mayer, Is
chairman of the law committee of the re
publican slate committee.
Th application is in the form of a writ
f mundu4nus to have the board of can- i
s of the county of New York show
on next Wednesday why the court
on next Wednesday wny in court
J not judicially examine all ballot
V OkfCl'
cause
should
rejected s void and protested as marked
lor Identification.
....
tioard of canvassers to show cause
why
nri
th court should not examln the void
protested ballots, but declined to lgn an
other order for which application was mad
to ptevent the board of canvasser from
completing the canvass. The Justice said
the latter ppUc.ioa was based on Informa
tion too vague to warrant an order.
CALL MONEY TWENTY PER CENT
Itemaad for t'isiU by Speculators
aWU-kly Heuta tho Rate
I ward.
KtW YORK. Nov. 12. The money mar
ket wa exalted today nd soop. after tha
opening touched 20 per cent for call loan,
gome large amounts ru put out between
Is and ! per cent. Tho demand was gen
eral ureong Wall street liouses and resulted
srgtly rrom me rainer ne.vj oa.t ng or
loins soon rter ine marKei opened. Th.
nrst loan were moo around. .ud 10 ir
cent, but thu readjustment tti.l followed
.1,. calling by Urge banks .oon put th.
A conaMerabl part ef thi money wa. not
reloanad by th bank, and borrowura were
ensid.rab:y inconveulencod a result.
" " sanay country renaers me cnase difficult, soon be confronted wlih the condition that I their own, are ao unfortunate a to nerd
V between 12 and Per cent until about an I rh fugitives have gained several recrtiita would eompl better system lo prelect .i..,.. mwA tw. nrnmi cl- n.
hour before the closing, when. tli demand . laelr own jopla from tlai evil. . . "
U.vln been .uonlied for th dav It e.t Cantata. Cole to B. X.-I.A When U was announced last year that "(t be given lo endow churche. nor to
1 im ngbeen ul,P,d ,h d- 11 " '"" r",e B" T,,' ,he commission Intended to dl.sr. gard or assist thoae who write begglug Wtteia
i f to i per cent at th close. MANILA, Nov. 12. -The court-martini ap. would u'ge the annulment or tl eint. 1 Mr tay, ine ... . " .. .
i'hJ payment tialay of some Il2.uu0.tjui) on pointed to try Capuln F. W. Cole of the h"r law on the Panama .anal, It was .'. ,, ... . ' , '
ue.t,ua. r new St. Paul .lock l-n.. ar.m '. also then announced in the pres that thJhowerer, for struggling churche. and In-
ni .i.. . .w "..,.. . . . . ;, ittinmiksinii would employ Chinese coolies, slttutions devoted to the care of th needy
planatiou for th early flurry In money, on a charge of padding th pay rolls of the With Vi e t'res.dent O Conn. ll. I . alie.1 Lh .u v
ALGECIRAS CONFERENCE RULES
Morocco France Will Observe
Terms Agreed 1 pan by In
ternational Delegates.
PARIS, Nov. 1A Foreign Minister Pln
rhon In an Interview today regarding the
Moroccan situation, declared that the
understanding between France and Spain
concerning the mca.ures to be tnken tn
Morocco was now compute. lie added:
"Tlie terms of the Algcciras convention
will be strictly followed. Nothing has oc
curred warranting a suspicion that the
Berlin government Is not Indisposed to In
terpose difficulties. The organlxatlon of
the bank Is proceeding as rapidly as pot.nl-
ble..
TANOIER, Nov.' 12 News of the official
nomination of Kalsull, the bandit chief,
to be governor of the town of Arxllla and
neighboring provinces has been received
hero.
Tills nomination, is made .by the sultan.
The territory under Kalsull'S authority ex
tends from Tangier to El-Araish.
It Is reported here that Mr. Gummtre,
the American minister, paid what la be
lieved to be his final visit to th sultan
four days ago at Fez. Mohammedans at
Fes are beginning to display dissatisfac
tion with the prolonged sojourn In Fex
of the mission of which Mr. Gumrnere Is
the head.
NORWAY'S RULERS AT WINDSOR
Klnaj and Clneru Are (.nests of British
Koynl Family for
Week.
LONDON'. Nov. 12. King Haakon, Queen
Maud and Crown Prince Olaf of Norway,
Who urrlved off Splthead late last night
- noara me uritisn royal yacnt victoria
Albert, landed at Portsmouth tills
.noon on a state visit to King Edwnrd
, .id Queen Alexandra, with whom they will
spend a week at Windsor castle. A scries
of festivities has been arranged for the
entertainment of the visitors. Including a
state banquet and a luncheon at tho guild
hall. The prince of Wales welcomed King
Haakon and Queen Maud In behalf of
King Edward after which the royal party
landed amid salutes from the flag-dressed
warships and the land batteries and took
a train for Windsor.
On arriving there the visitors were met
by King Edward, Queen Alexandra and
most of the royal family Including the duke
and duchess of Connaught, who had spent
the week end as guests of William Wal
dorf Astor at Cliveden. The route from
the depot to the castle was lined with
troops and the royal travelers received a
splendid welcome from the Inhabitants of
the borough, the baby crown prince coming
In for a full share of the popular plaudits.
PREFECT KILLS ASSAILANT
Hi n-t of Moscow Police Department
Shoot Man Who Thrown
a Bomb.
MOSCOW, "Nov. 12. A bomb wa thrown
t General Rhelnbot, prefect of police of
Moscow, on Tver street today. - The gen
eral, according to the generally accepted
version of the affair, drew a, revolver and
killed the man who threw the bomb.
According . to the report of '' th affair
obtainable, the can e roi. confident that the
power of tho terrorist organization, which
had long menaced hi life, bad been broken
by the recent arrests und executions, ws
for the first time In month taking a Walk
near the prefecture of police, accompanied
by a police captain and two aides. Sud
denly a young man on the opposite side of
the street threw a hr,mh ut 4h rann,T
which fell short, thouah sollnters of the
missile pierced his overcoat. The official
...,. ,.. .1,. .i
"w"'1 "'.
shot by a policeman, but. according to
, p()pulQr report fh- of
rusne(, , uint( . ..
! sailant through the head
KRASNOYARSK, Slberlu, Nov. L'. The
oldlers of the local garrison who struck
a sergeant and an officer yesterday, were
Immediately tried by court-martial and
shot.
DnDC nnmroare ... ,.r.
rwrt MVUUILOOLO ID VlOi I
Klaar of Greece Mar Visit Qnlrlnal
nnd Then Cnll nt
Vatluaa.
;-opy of them to tne rorio mean
ROME, Nov. IS.-V-.U,, ttrMe :hdl
through the archbishop of Athens, havciHnd brutal conduct. Thev inado . answer
officially aco.ulo.sced to tho king of Greece, ! denying tho charges In tow. 'rhese were
visiting Kin, Victor KmBianuel. November I VrdedUVopls' '"to S.'re'entlves'T,;
23 and remaining her four days. j p0rto Rico, who answred. controverting
If King George desire to see the pope fsch point and reasserting in detail eA-ery
the latter will willingly accede to hi. wish ! ar,drlwnrcrwa,Tff,or.l,yh,swnorrn To.
and will follow with the tuns ceremonial 1 ... in tm-n I transmitted to the presl-
as observed at the time of the visit of
King l-M ward, but a Oreece
diplomatic representative to the
has no
t" .,
atlcan
King ueorge win go from the Oulrinal
palace to the Hollenlc legation at-ciedlted
to the Qulrinal, starting from there In a
private carriage. His majesty will be re
ceived with royal honors at the Vatican.
VON BUELOW HOLDS PLACE
Emperor William Bay He Will Make
C hange la Chancel
lorship. BERLIN. Nov. 12 Emperor William,
I "J'ni.ui with . Chancellor von Buelow
8alurnay' 8al1 10 hlm ' the course of their
tnat th r,.porfg of comlg
. . r'
'
! Prlnc von Buelow. his lnaiestv adlel inn.
, .- i r..,,
, ..nnoror ve.ienlav u..,..i
I , , - - - -
'resignation of Minister of Agriculture von
...... . ...
rouoieisKi. ine provisional successor Is
Dr. von Hothmann-Hdlv cg. the nilalster
of the Ulterior.
.i
IrroBlll on Trlttl
PARIS. Nor. li-M. Santos-Dumom made
another scries of experiments with his per-
feetert aeroplane in the Fois dc Boulogne
2 Boulogne
-i .
along at a
an hour
today. At one time he skimmed
rate of fifteen and thirty miles
for thirty-one metres, when f.-ar that hla
whirling propeller would strike the cheerln,
peoplo forced him to descend. The right
wing of hla machine waj slightly damaged.
Some aeronauts present declared the aero-
plane would soon fly for miles. The next
..l.l u. n ..
trial will lake place at Longchampa rare and laborers cannot asxlmllate with our i
course, from which the crowd Can be ex- n("'" th1' lheir "1 l.lilal;on' ,!"n "r
, , . "well, cannot co-exist ; that thu phvuml I
clude.t. I conditions, the standard ot life, the pros;.;
jirss of our people, will nt onlv l endan-j
Police t basins Rnldrr.
, CAPETOWN, Nov. 12.-TB. colonial police
forc, which Is purautng tbe Insurgent'
under the Transvaal Boer. Ferreln.
, waa within live mile of th. raiders last
th. .e.rclty of water and the
Quartermaster a snops to the extent of
jaiwiit llu.idO. will be beg'n urocecdlngi on
November
I
I
LUMPERS' ANNUAL ADDRESS
President f American Federation cf Labor
lalii to relegates.
SOCIETY IN SESSION IN MINNEAPOLIS
Head of Federation Refers to Severn!
"Ihf Isaacs" In Report on
Work of the rant
Year.
MINNEAPOLIS, Nov. 12,-The feature of
the opening session here today of the
Twenty-sixth annual convention of the
American Federation of Labor wa the ex
haustive annual report of President Samuel
Ciompers, in which he detailed the progress
of the labor movement tnmugnnitt the
country, laying sperl.il stress on the ad
vent of unionism in, the political arena and
recommending that this course be rtrtetlv
adhered to. A strong plea was made for
the: employment of Amerlcau labor on the
Panama, canal.
At the conclusion of President Cnmiiin'
ndoress the annual report of Herniary ,
hrank Morrison was rend, which showed
the federation to bo In not only spiendtd j
financial 'Condition,' but also strong r In
membership than ever before.
There is at the present time Jin.M'.i.On In 1
the treasury of tho federation. During the
year there were ?" strikes, in which tnoru
were !'l.uj men Involved. Of t lat numner
W.M2 were benefited slid 11, IS) not bene- '
llted. The total cost of strikes during the '
year, was $!l,!-2,1n.it6.
The convention adjourned until 'J o'clock
tomorrow morning, ,'1'hc sessions wllll con
tinue for two weeks.
In tne course ot nis annual address Presi
dent (jumpers said:
Without detracting ono lota, from any
association, there can be no question
among tiunitlng men tisaf. iho modern labor,
movement bus none, Is doing, and will un
uounteaiy ao, more in the uueiest of man
Kind und to humanlzn tho human family
Inan all other agencies coiilmied. Al
though primarily oevnioia; our euoits to our
ei'tvtt membership, yet ...ere can not be a
declaration made or a . taken for thu
protection, navanceiui i improvement
of our own nvmhert which will
nave a corresiionuInK , ent tttect, not
only upon tne yet u, ...ntzed workers.
out uion an ine musses ut tne peupie.
Yet, oespite tne necessary benertcent re
sults winch follow and have their being
lrom the result of our movement, It la
at tal ked anil vilified as Is no oilier institu
tion on eart. Its achievements are b
littied. its ii, .es nspersed. its mistakes
magnified, its arlftwood held up a the
hlinest type of the manhood It develops.
hiln we can expect nothing better than
antagonism, vicious and malicious misrep
resentation at the hands of those who
represent neither conscience nor humanity,
but rainer greed and avarice, and wlioro
only object is the almighty dollar, yet we
have the riirnt to Im-ist upon talr treatment
in the discussion of the labor movement
we have the liunor to repre.-ent. AV may
not perhaps reasonably ooject to those
who optsise our movement, making their
opposition manifest, but we have the right
to protest, and do most emphatically,
against the willful and malicious niiwcpie
sentation of our movement and the philoso
phy upon which It Is based.
The stoutest advocates and defender ol
the trad union movement and our fed
eration do not pretend that w liuve
reached the acme of perfection. That we
are Improving and perfecting our "Kfnl
gatlons and making them more effective
to protect and promote the h" l"'0"?. .
of UI the toller -in every field of acUvlt
find opportunity. Is clearly manifest.
report to you that the )nbor-iuoreawul Ot ,
C'onaa Is growing n-nn lun? rv'"Z "rZ
wltti the movement on ine
North American continent. We have con
tinued to our anadlan brothers our annual
financial assistance for legislative Iurpoe
as well , a our organizer dlrectl -onniis-loned
by the American l'Vd ration or
Labor and those from our a frllUit. rt
There Is now almost entirely eliminated
the element In Cauda which undertook to
divide the organized workers ol me jjo.o...
I Ion from those of all America.
'. I'o Rleo.
I ti, .u-.nlzatlon of I'm working people.
'T.-n e.. has been largely extended.
V' ,' tr Tth.- veu- an advance in wages was
Larl Mn the e.u an adjKe
lHh in the industries ,.nd In agrieulture
lter a general strike occurred among tho
i dorsed by the executive council as. pro
afrrlellllll "HI wimrrip. . ,.
. .. . . i -T-V. ... ,n . wnrt eo-
vided by tne consmuiioii "" "
M(H4 transmitted to them In their support.
It was reported to us that, owlns to bnital
.....!,. th notice, who broke up mect-
I ings of peaceable workmen who wer on
i-iriWe- to tha personal attacks -and as-
ult.'on our men. it was lmpolblc .for the
istrtkers to cuumd wun acu
i'llt ni that they were there
fore compelled to declare the strike off.
Formal complaint was lodged here, reciting
in detail the action of tho police and the
' authorities at Porto Itlco. inexi wi r i .i
I warded by me to the president, who sent u
dent, who has them under consideration
i All the documents In the case will be
I turned over to (he proper committee to
wh()m mis matter will be referred.
F.laht-Hoar !."
In view of the great productive IFuw..-i oi
our people, the great concentration of In
dustry and development and use of maehiti
r ,.'n,i the nrnnelllna power in industry.
the thought that always prre home to
the tolling mafses must Inevitably be a
reduction of the hours of labor, to thu .
rrrErnw7
There can be neither justification nor ex-
riis- In our time for longer oeierniig ine
eigT.t hoursPNeVt?,er Indwtry no- economy
requires a longer workday. A a mutter of
Mvil or' dmlbt mt an eight-hour
workday brings In Its wake greater indus-
trial development and eommereL.l exfn-
Hon. a higher and a letter manhood and
m a i t n .1 1 at rti ilninnniilraiuc
i i .-..r,i,,inti.l that a sneeial committee
i i ,ki. ..nv.nii,,n rri.ttHi for th. mil-.
P'se oi giving n i n ii ii iu no-
subject tor tne gentrai enioicenit-ni ci an
rlcht-hotira workdav. .
...1. w..,,, .Ka v
" " ,u,w "i"" ""cia nle rmm tne station wnen, it Is aatd,
, 1 ln8l,,,Bln,id r?n,
modU vlng ind Img exlstint llw Of I Ins behind them, thought a collision wa
course It is itot tne intent or purpose of , about to occur and Jumped from the eneine.
our nme i-nucni tn iu .mi it;.- cum
1" mei or VhoVwhodes' re to travel
for pleasure or information
Kxpeilenee
i1". However. uenioiiiruicn
however, demonst ruled the neceaaity
tor such teguard from lmrositlon t'r't
ntlal feature lor the exempt clasae
.-hi. rouv come to our shores, is that thev
"hall clearly snow tnat itiey do not tn-lon-j
c l class, the cool.es and la-
The American people do not object to tho
Chinese because th.-y are Chinese; they
know ,h''.r own '.pl'rir'ir. u" wel1
lrom IHO cle. ir.li r -.i ..Km ... ii. ''-"ri-r
r.i oilier countries, that the Chinese coolie
irured itiii undermined and detttroved.
' ,..iPt lb.r nnd Pan.mn. .
If ht(lt.,. which now Inconsld-rately anil
Inhumanly encourage crlaie tor their own I
V Mt ff ,t0,r ,lu "'r , "TVk
VITX ""wo i
upon c nairoian onoius or tne oniinlsaion
; to dlscua the eight hour aUillUoiiconu.u.
t
ttVutiuued on Second Pk
LEUPP OPPOSES SUGGESTION
Thinks It Pad Pojley to Settle the
I lea on tl Powder
Rl4'-
!
(From a Staff Corrrypondent 1
WASHINGTON.-Nov. 12.-(Special Tele
gram.) Commissioner of Indian Affairs
I'iipp was shown a special to The Pee fr.-im
Sheridan, Wyo.. that a solution of the OITi
eulty whirl) has arisen between the White
River I'tcs and 'he government could bT.'
He solved by the purchase of lo-ids In the
Powder river valley and give U to them
In lieu of lands which arte allotted to them
In the I'intah Indian reservation- In t'tah.
It Is represented the Powder river valley
Is sparsely settled and those- who have ae.
quired homesteads there could be Induced
to sell thi-Jr holdings at a nominal figure.
It Is said the Vtc covet this I"pwder river
valley because over It roams considerable
game, and as they tiro not tin agricultural
tvlbe, but hunt raft, and will not be. conb.-nt
to return to the peaceful pursuits of gii
culture on lands allotted to them In tiie
ITIntah reserve. Tin y appear to desire to
get a. fax awn from the nbtsfle of the whltu
man as possible and g.iln their livelihood
by roaming about, huntln and fishing.
"This proposition," said Commissioner
Iupp, "does not appeal to me. The policy
of the government In administering to the
welfare of the Indian Is to turn his mind
away from the pursuit of game for a living
and Induce him to ietts down to the culti
vation of the soil and attempt to make him
a self-supporting farmer. rather than a
trapper or hunter. Of 'course, the proposi
tion to purchase lands In the Powder river
valley and i-rmite there a reservation for
the discontented While River I'tes has not
r . i k li . . . r , i - .r h.h -
fact. I hntrdof It first hand through the
clipping from Tho Bee I do not know how
the president may take to the suggestion
lieen brought to my attention officially. In
which it Is aaJd the chiefs will make to be
permitted to exchange their present allott
ments for a reservation In tho Powder river
valley. I may not be consulted about the
matter, but if 1 am, from uch light as t
have at present regarding the situation. I
would be Inclined to oppose. If every time
a discontented band of Indians were given
new locations we would be In hot water
continuously. Those of the l"tc who havo
accepted their allottments on 'the ITIntah
reservation and buckled down to tilling the
soil are prospering, but those who refuse
to give up the chas are veryapt to find
there will be very liitle In the tepee slew
kettle."
Mr. Luther Drake, president of the Mer
chants National bunk of Omaha and a
member of the American Bankers' associa
tion, is at the Now Wlllard' to attend the
meeting of the currency commission, which
began Its sessions at that hotel today.
Rural carriers appointed: Nebraska
Newman Grove, route 3. Christopher Johan-
sen carrier. Andrew O. Larsen substitute.
Iowa Oto, route i. -Wlllium I. Iingaton
currier. Kphriam Zerfing substitute.
W. S. Hughes ha been appointed post
master ut Otis. Cuater county. South Da
kota, vice Charles Norman, resigned.
VILLAREAL TO BE DcPORTED
Allrged Mexican RevOlwtloalst Ja
Also Wanted for Ktsrder In
; HI HntlvsTnd.
.... . " , .
WABHINQTON. Nov. L'.-Antonlo Vll
tareal, who Ut tinder rrest at Kl Paso. Tex.,
Is to b deported to Mexloo, where he
will fae! cbargeaof treason brought against
hirn by the Mexican government.: After
conferences between officials of the Btate
department. th Department of Justice and
t he , Department-of Commerce and Labor
It was decided that Vlllareal should b
sent back to his native country because of
crimes committed by him before his eYnl
gratlon to the I'nlted States, which made
him an unfit person to enter this country.
KL PASO, Tex., Nov. 12. The case of
the alleged Mexican revolutionists under
arrest here upon complaint of the Mexican
government charging them with Inciting a
revolution were taken up today by I'nlted
Status Commissioner Howe on preliminary
trial. A surprise was sprung by the coun
sel for the Mexican government when the
charge of 'murder wis made also, ; The court
was notified that the application for ex- site political- faith of the clerk of. th j flbou, flfteen knoU nn hoIP' 6 RWlt.f ,raine were at once sent out from
tradition had been made upon the murder Vnltedw 8u,p" "trlct court and from the Capt.ln Cowen expected to reach Cape Houth Chicago and from Valparaiso, Ind..
charge The aocuWd are Antanlo Villa- fact that when he was ' appointed rn 1ST0 ,,, ftt the Urn os,n.mtv of , I with every available physician, and eveiy
real, the alleged head of the Sr. Louis , he was & democrats while the then clerk UUinA of Cub8t bv nightfall today. If tha possible aid was given to the Injured. A
(Mo.) Junta, and Laero Agurirre and Ramon of the district ourt, . Elmer Frank, wa. a pleiulant weather continue. The president large number of the relatives of tho pas
Cano. supposed to be associates of Villa- , republican. However. In the lapse of thirty A party were Wl. nn mu( h nt angers on the Ill-fated train were In Chl-
real. All were, remanded by the commls-
sloner without ball pending the application
by the government of Mexico- for - extra- was appointed as a democrat, the drawing
dltion. The United States Department of I ot tne federal Juries 1 now wholly within
Commerce and Ibor had Just ordered the t1 hands of two men of the same politi
deportation of Vlllareal and he had sued j cal faith and has been for the last seven
for a writ of hulteas corpus. Agurirre Is ye!", since Mr. Hoyt ha been district
charged with robbery and murder In Mox-
Ico In 1!W and Vlllareal with murder In
Coahulla two years ago.
FATAL WHECX IN MICHIGAN
Three' Person Hilled and- Several
Injnred When Engine Strikes
Station Wall. -
j MTKOIT. Nov. u.-Oue man was killed
and several Injured, three of them badiy,
tooav when a Michigan Central railroad
' freight rngln.' ran away and cra.hed ,nto
I the Third street depot tearing down a
large section of the structure. The dead:
GEORGE R. BOOTH of Detroit, parcel
agent.
Tho severely Injured:
ifonain i nompson, assistant tnstrlct au
peril, lendent of the Pullman comnanv
Karl C. McKuen. cashier Pullman office
"V " "
"""W"" -eiiirui
"iuui.
The engine was switching In th yard
... ... ...
It was running at good apeed and. un-
! checked, dashed Into the station and hit'" tile original appointment of Dr. Tliden
the west wall, tearing out a aeotlon twenty-
I nVH ft.et wlde. The Becond und third floor
i . . ., . ,,
! "' tion also collapsed. Booth wa.
I killed ln hla earcel room near which th.
englneo struck. Haner was on the third1
noor Md ff.u w,th tnJ WTMkl,ro fro;l
I there. I
i
MRQ QflfiF Tfl HIVST CflDTIIWC
inilWi wnvka W Hll, Will UIIL.
Hnlk of Flgbty Million 1
. A . .'
trlbnted Amonar tl
.... ,
scrim i-oor
Will Be DIs-
the D-
NEW YORK. Nov U-Mrs. tt.ma.il ...
will glv. .way the bulk of the fortune of
.bout $80.(we.0u0 bequeathed to her by her
lata husband, to Individuals whom she con-
slder. worthy, who. through no tllu
"I aliall kuep only aufnclent of tbe fortune
left to me by my huabar.d to live quietly
and couiiortttbly," Mr S.tgo salJ todj-
BIG FILIIT UN FINE POINT
Bichardi aad omtook'i Conciil Ittaek
i-ecalityof Dr. lildei'i lneambtiej.
SAY HE IS NOT LEGAl JUi?Y COMMISSIONER
Inrae Array of Lawyer Line 1 p to
Make Battle Royal f t Defend
In 1mm4 and Cattle.
Kings,
That l)r. Tllflen, Jury commissioner In
the fed. rsl court at Omaha, Is not tho reg
ular and legal Incumbent of that office, and
that therefore all the acts of the grand
Jury drawn by him and ;'hleh Indicted
Bartlett Richards and W. G. Comstock, so
called cattle kings of Nebraska, sre Invali
dated Is the technical point on which the
attorney) for these Indicted cattle and
land men prnpor'd yesterday to make their
first attack on the charges preferred against
their clients.
If Judge Monger sustains their cotil ca
tion, not only will the Indictments against
Richards and Comstock fall to tho gTound.
they contend, but likewise will every IndU't- j
....... .... . I . . rY
drawn under the offlela direction o Pr. .
Tlldeti. The point Is unique, never having
ooen , presented In the court nere. JWsmlrf(i n divorce from his wife, who lives
Munger heard argument for and against i nt fhProk01, ia She confessed to het
It and will announce his decision at :3 this
morning.
The Rlcharils-Comstock case came up Im
mediately upon the opening of the Novem
ber term of I'nlted States circuit and dls-
trlct court, by Judge Munger, yesterday
l,uor,,,D - That these men are determined to
. flratc ngnt of their case, so '
,,18 evident from the array of
. " . ,
legal defenders they have engaged. Their
counsel consists nf Stout & Ball, Brome ft- ;
Burnett, Ourley & Woodrough of Omaha j
and Judge Crltea or Chadron. I
Case an Important One.
The case Is one of unusual Interest, owing ;
largely to the facthat It was the originnl
case of Richards '.and Comstock, over
which vUnltcd States Marshal Mathews and
I'nlted States District Attorney Baxter
were dismissed by the president.
Monday's session of ' court was devoted
largely to tho hearing of motions and dc.
murrers and the special assignment of trial
cases. The trial docket will not cumo from
the hands of the printer until about Novom-
ber IS). About sixty cases will be on the clr-
cult court docket and over, forty on the
uimnci court gqckpt.
The petit Jury will not be empanelled
until November 19. The, first case set for
trial In the district court will he that of
the I'nlted State against Richards, Com
stock and others, under the Indictment re
turned t the last term of the federal
court
s, charging them with conspiracy to
tid the government out of large areas
defraud
of public lands In Cherry and Sheridan
counties.
- orel PI en sf Defense.
As a preliminary proceeding to the Rich,
ards and Comstock cases, their attorneys
Monday afternoon entered a plea In abate
ment of the Indictment on the ground that
D.-. Tllden.'a Jury commissioner who asv
slated In the selection of the federal grand
Jury that indicted. Rich rd,'Cometoc and
the other defendants In. the case, was not
qualified to act -as Jnry commissioner from
tho fact that he wa riot appointed to that
Office by Judge Munger, but had merely
been appointed as a special commissioner
to assist the .I'nlted States dlstr.ct clerk
at a speclnr session of the federal courts
In 1T9 to draw the Jury panels; that he
was holding over as an appointee of Judge
Dundy since that, time and that his ap
pointment or jury commissioner expired f
with that special term of court in 18T3. I
United States' District Attorney Ooss and!
Special District Attorneys. R. Rush filed
ii bill of exceptions to the plea In abate-
ment, on the ground of Insufficient cause.
Ariimi-Kt of the Point.
Harry Brome and R. 8. Hall,
ttorneys
for Richards Comstock, and S. R. Rush
as attorney for- the government Brome
and Hall held that under the statute the
jury commissioner must be of the oppo -
j 5'ers the present - district clerk. R. C.
I Hoyt, -Is a democrat.' hence a Dr. Tllden
cItrk, and . for this reason their acts uro j
held to lv Invalid.
, Mr. Rush contended that Dr. Tllden had
since changed Ills political faith and .was
now a republican, which would make the
jury commission consist of two men of
opposite political faith. This proposition
the court refused to consider and It was
barrvd from the pleading In the bill of
exceptions. After further discussion the
court decided to overrule the exceptions
I "y the government attorneys to the
if''1 ln abatement, but permitted MY. Rush
to tile a, general demurrer to the pie.
So Law to Wnrrnnt It.
Mr. Bixme still insited that th appoiul-
ment of Dr. Tilde.n wa Illegal, or In fact
that he had not been appointed at all.
'There wa no existing law." he wild,
"where a man could b appointed to nn
office of this kind for- life, nor could he
' continue, to hold over in hln rtnninim.nt
, . thajiae bis notifies In eonf.m
and change tils politics to conform with
th niiMilnilnr nnwer"
,n f001 nlln P wer-
I .Inrlirn Mtintrj-P onlH "Tha ...... ...
l ----- ' " ii "
u" e!lou,d tho court 'W"1"1 the
"rnmlssloner t each term of court
! ,,r ha" the appointment continue from
1 1 c ww'n1 pp"n"iemr nt neld that
, w" ,na i0 t-tlu Indefinitely tne
' ttCtion" of th commissioner could not be
uuestloned - but If the innnlnim.i
1" . '
mad but for a specmc occasion then thero
unjcci ior coreiui connaeratlon.
"The duestlon now arises," said Ju.
Munger. "a to whether It Is necessi
to appoint a Jury commissioner for ei
Judge
ecessary
each
! "I"11' drawing."
Mr. Rush contended that the romnis-
' re",," "r uri io oon-
I tlnur during the pleasure of the court nn
I that thtre W'Mfl no llniitation mm in ti.
jef the appointment. Tho Jury commli-
loner was an omcer ot the t nfted Stales
1 nd his office could only terminal, by re.
lunation or by r-moval by the appointing
Power. It wa. not alleged In the pie for
batemect that Dr. Ti!dn had ever its-
lnsd or been upended.
Question f. Vew One,
Th. question 1 an entirely new and novel
one and ha never before been raised In
this court, though several cases wer cited
where th question hud been passed upon
In other federal Courts and that grand
Juries had been dUmlssed and all Indict
ment returned by them quavshed un thi
gTound of th disqualification of th jury
tunttnutd oa Third rg.
NEBRASKA WEATHER FORECAST
loil- nnd Mirarr Tuesday I rain
fonlaht or Wednesday! colder
Wednesday In west portion.
Temnrrntnre at Omnha trstrrdnyi
Hoar. Dec. Hour. Uea.
S n. n 2S 1 p. in 3H
An. m ST U p. n St)
T n. m 1CT A p. tn
Urn. m 2t 4 p. m
ft a. m aT It p. m H
in o. m an i p m -t"
11 a. m SC T p. m n
12 m Its H p. hi UN
It p. ni 27
LIFE TRAGEDY LAID BARE
Drnth of Victim Bring Ont the Story
of a Woman Who Was
Wronged.
MITCHKLU S. D. Nov. 1J. (Special
Telegram. Miss Blanche WhiUemorc,
formerly of Onawa. Ia.. died in this city
latt night as the result if being Injur. d by
the explosion of kerosene which sho had
thrown In n. stove. The accident happvne.i j
ten days ago. With the death of the young I
wrman was revealed a mvsterv surroura-i
)n( hor ,,rt..nfw ,n nPP household where
Hne was knowo by ,h! m.mha an MrF H.
"M0"-"'1' d-velopea mat sne ,
ranir1 Morrs her laM fall with the ex- j
r,rf,t!Uin f marrying lilm when he had
mother. Mrs. Thomas Whlttemore, who
came here a day or two after the acci
dent the fact that she was not married.
When Morris learned Friday that the
young woman was going to die he dc
KrrU.(j an(1 attempted to leave the city.
to WM arre(tr.n JuM a9 the train was
pulllnB out of the nation and held on
"Bha"g, f ."" Morris was a
111 ... ' . .
biakntnan on tho Milwaukee road running
west to Chamberlain. He will be prosecuted
anj jr. Whlttemore will return if needed
to afl.ist In punishing the betrayer of his
dajghter. Th" remains of the girl were
taken t Onawa this morning for Inter-
nrent.
BIG ORDERS FOR EQUIPMENT
Hock Island Bn Five Million Iol
Inrs Worth of Passenger nnd
Freight Cars.
I .
)-.H1(A(j0- Nov, u. The management of
tM, R(Hk Is'lfind ran,-oad has issued orders
for now ,lgui,mpnt to cost p.iW.im. This
ii In nrlHItlon to orders nrevlouslv given
I year aggregating $1,f 'Ki.ooo. Included in
I he new equipment ai-e j.nco forty-ion box
ears, 261 stock cars, l."l ballast cars, Htio
coal cars, cnn flat cars, 2.R40 hopper cars and
nearly IDO passenger, postal and baggage
cars All the new tutssenaer eaulomcnt are
, havp Btcr, undr fran,e construction and
! ,ne lew ma can, ar0 to be aI1
PHILADELPHIA, Nov. 12 Six hundred
steel pa-ssenger car are to be built for the
Pennsylvania railroad in the next year.
Space for KO cars has been reserved with
the American Car and Foundry company
and fifty cam will bo constructed nt tho
Altoona shops of tbe railroad enmpsnv.
The total cost Is estimated at (.W,T,
j The order to tbe American Car and Found-y
company will he divUted bo a to Inelulrtu
coaches, baggage, express and mall cars.
The company has olso ordered twenty-fiv
new freight engines. These will be built
at the company's shops at AKooua.
PRESIDENT'S TRIP PLEASANT
i
Wireless Mumif from the Battleship
Tell of I'rogrni Toward -Canal
Konr.
CHARLESTON. S. C. No- ll.-Wlreless
telegrams received here fn.Mii the battle,
"h,r Lou"""' ",th l"e president and
t"',y nrd. rnroute to Colon, show that
ai o ciock mis morning ine snip wim
its convoys, the Washlnpton and Tennesste,
WHft nt A nntnt n1oilt .'10 mile Knot hrist
;of Jur,1t(,r 1nIpt r,ori(Jn Th), sfuaiwn wn(1
; nea(11nR for Crookp1 llilan(1 be.
, tw Crook ,land an(1 Catling, S.m
; Ba)vaair ,Hlandj wnere roIumbu!) flr,t
i ,.,,.,, ,,. v,.ml.h ......
ested In the regular Sunday Inspection of
the warship.
SNUFF WAREHOUSES WRECKED
Krntick) Property of Aniritrau Banff
Company Destroyed by Band
from Country.
r i sllily all their sm rifiee and effort had r-
NASHVILLi:, Tenn.. Nov. 12-Th-ware- suited only In the death of those they bad
house of the American Snuff company at ; m,u(tnt to bring to them wa pitiful. Crowd
Eddyvllle, Princeton and Fredonla. Ky., ! c. RuBHjans and I'o'.e. were around th
have been wrecked by drmii,!te. The pot ail day waiting for news from Wood
Bddyvllle warehouse was blown up early I ,.,. and lat. ln the aftf.rnorn ,t
today and the other last night. Citizen
of Eddyvllle were awakened by the shock
of the explosion, which shattered windows
for a wide radius. Bloodhounds were se
cured and followed (he trail of the wreckers
for ten mlls Into Caldwell county.
Several months ago trust warehouses In
the outhern rrt of Kentucky were dyna-
(mlted and grower who sold tobacco to th
trust received warning messages from tha t
"Night Riders."
MARK TWAIN HAS BRONCHITIS
Author ays Attack I Part of Regnlnr
Siege with No Merlons
Phase.
NEW YORK. Nov. 12.-.Mark Twain at
tack of bronchitis, which prevented him
j being present at the dinner Saturday night
to Henry M. Alden. continued ytsUrday to
hold Mr. Clemen a prisoner in his room at
his home. No. 21 Fifth avenue. The author
sent this mcsnage to a reporter who called
to ask after his health:
"This Is only my regular siege of bron
chitis. I wa attacked by It ten day ago
and retired to the privacy of my apart
ments to wait until It let go. Yesterday I
took a little more cold, but my Illness lias
nothing serious about It."
LOCOMOTIVE BOILER EXPLODES
Hansel Limited le Wrecked Near
San Jo.e, Cal., and Three
v Men .Killed.
SAN JOSU. Cal., Nov. 12-Tbree men
were killed by the explosion of the en
gine on the southbound Sunset limited on
the Southern Pacific at Sargent, station
Isst night. The dead:
JOK. OOODFKLlJ"W. Superintendent of
the Houthcrn Pacific Mock ssteni.
rlAMl'EL G. UILLESP1K, engineer of
ti sin.
JAMK8 BLADO.V, flieman.
The bodies of Qundfrllow and Oillespl
were blown almoai to fragments. Fireman
Rladon wan hurled a distance of sixty feet
and expired a few hour after being
tounl.
FORTY-SEVEN DEAD
Imruicrant Train on B. & 0. Wrecked Tew
Miles Eait of Chicaee.
80DIES OF VICTIMS ARE ' INCINERATED
llllut Two in lo ladly Famed That
Ideat fication la Impotsible,
THIRTY-EIGHT PERiONS ARE INJURED
several of Thete Kill Pretably Tio from
Iruisei and turn.
PASSENGER TRA.il STRIKES FREIGHT
Two I.ovomollt es nnd Several tars
Holl Down F.mboakment nnd
Urbrls Take Klra nnd
flnrn Knpldl).
CHIrvGO Nov U-Mote thau one-haU
trf! Jnr". on l,runl8rnt train ou
, j.thnore & Ohio road wr kil.od or
)nJurea ,n coion t0iXuy bolwcfn tU.
jaRengor train and a freight near Wood
vi in:, ind.
One hundred and sixty-five person war
on tne train and cf tnesc. forty-seven were
either killed outright or wiro burned to
death In tho lire which broke out on tho
wreckage Immediately after tne. oollislon.
Tho n-f-uns of the dead probably will never
be known, as forty-live of tho bodle wciu
consumed or so badly burned that Identi
fication Is Impossible.
Thlity-clght people were Injured and
i several of these will die. Eighty other
escapud unhurt but .lost neany all thoU'
baggage and clothing.
The disaster was caused by a blunder ot
some emplayo of the railroad company, hut
I Just whera ine blame Ilea has not been de
termined. The passenger train, which was
loaded with Hussion Jews, Servians and
Poles, all of them recent arrivals In thi
country, and bound Tor Chicago or place
In the northwest, wa tho econd section of
a through train from Baltimore. The cn-
I glnetr of the freight train No. OC, on In
j trurtlons received at Mc-fool, waited at
a siding ut Babcock, Ind, to allow the im
migrant train to pass.
I'roiwiilr tue of Disaster.
One lenort is that the engineer of 111
freight tr,i;n had not been itiiornicd that
the passeiinier train was running in twj
sections, 'inc other Is tnat tne Itrst section
of tne pa.eiigi-r train earned no lignts or
signai.n ot any kind Indicating that a cc
onu Foction was close behind. As soon a
the first section of the Immigrant train had
panned the switch at ltabcocg- th freight
trail. In charge of Knglneer liurke and
Conductor Mote, t-taricd eastward. A
llgat snow was falling, which Increased ttv
darkness of the early morningi und a the
freight was rounding a sharp curve JuSL
west of Woodvlllo the socond section of
the Immigrant train came into view a short
distance away, tearing toward Chicago at
the rate of forty miles an hour. Th Vwu
trains came together with unelacknil
speed nnd in th crash ' thf" passenger
coaches and severs 1' freight ear wer
knocked into kindling wood nnd togatk
wlt'i tho locomotives went rolling down
the ten-foot embankment. Firo broke out
almost Immediately In the wreckage, and
although a number of the Injured were
saved by the desperate efforts of tho train
crew and surviving passengers, the great' r
part of those who were pinned down in
the debris were burned to death. Tha
flames spread through the wreckage .
rapidly that it was impossible to save a
numoer of people who were only slightly
hurt but were held faxt by timbers. Thes
wern burned In plain sight of the throng
which stood around the scene of the dis
aster utterly urablo fo lend assistance.
! The tire continued until all of the ht-
tered cars were entirely consumed and of
; 'hp forty-seven per.pl whose death
fol-
j ,OWBd ,ne e""Mcn forty-five were bum. 4
to ashes.
Work of H,!l..f
! cm go awaiting their arrival, and when tha
report of the catastrophe was received
scenes at the Baltimore St Ohio depot wer
harrowing. Men were there who had com
to this country to escape the massacre
in Rusria. und who. after months of hard
work had saved enough to pay the pas
sage of members of their families, and their
grief when the; became awure that pos-
train came in bearing th thirty-eight In
jured persons. It was with the greatest
difficulty that the police were able to opu
a passageway for the wounded. Several of
the foreigners became so excited that thy
attempted to attack depot attache whos
uniforms led thein to believe they were em
ployed by th Baltimore &. Ohio road.
One Pnthetlo Incident.
Among the wounded who were brought to
the depot was Mrs. Auna Chyza, who had
come from Warsaw to meet her husband,
who has been working hero for lx months.
Mrs. Chyza Is blind, and her husband rec
ognized her as she was being curried
through through tho crowd by two police
men. Before the officers could atop him
ho fell across the stretcher, carrying It
to the giound, and kissing his wife rv
j peateoiy. sue recognized nis voice and they
clung to each other so aeeperately that It
required the efTorts of both pollremun tu
force them apart. fhyxa, struggl.d v
fiercely that it wa. uccusrary to pluc hlui
under arrost. He waB released after being
taken out of the depot. Other whose rela
tives were among the Injured begged to
b allowed to take them to their homes,
but the police were Inexorable, and all
of the injured were taken to the hosjdttl,
where it la believed they will receive bett"r
care than their friends may be able to
give them. At the hospital tonight It was
Mild that It would be for some lime Im
possible to predict the result In the cases of
severnl of the injured.
Murder In Oregon.
PORTLAND. Ore, Nov. 12. Orlando Mur
lav. aged -1 years, eon of a loca. pli.vsie an.
o'tav .hot and killed Unco In C. Whitney
ef Hubtaird. Ore., at the home of th lat-
' ter's slater. Mrs. Potter, on the East sld.
He surrendered later to the .ei iff. to ho i.
he ssld he had killed Whitney because the
latter refused lo right a wrong done Mur
ray's sister.
Mnrder oajcct Fonad Dead.
OWOSBO. Ml. h.. Nov. 12 Bert Seely. wh
wa. unuer ui.'Hiun In coimectl.iil with the
murder of Kdwln Kdgar in We.t Haven
townslilp last Wednesday, wa. found ded
in bud today and lying hlde him wa hi
you 1 1 wife, aleo dead. They fa und Itf
tb.lv UlliU