The Omaha Daily
Bee
VOL. XXXVI-XO. 143.
OMAHA, TUESDAY MORNING, DECEMBER 4, 190G-TEN PAGES.
SINGLE COPY THREE CENTS.
RECASTS HIS STORY
Witness in Land case Repudiate Sworn
Statement Eismei by Him.
DECLARES HE DID NOT READ DOCUMENT
Affile Signature to Typewritten Paper
f resentad by Nameless Tonne Van.
ATTEMPT TO DISCREDIT WITNESSES
Affidavit.
Part of General
Weaken Cast.
Plan to
DEMAND FOR "TWIN MILLS" SECTION
geveral Witnesses Testify It
Pointed Oat to Them by Agents
a On Thar Had
riled Ob.
"I wish to explain this affidavit by say
ing that t did rot take up the land In good
fnlth, thtit 'la, with the Intention of living
on it.
Thla statement wai made on re-dlrect
examination In federal court Monday morn
lng by William II. Campbell of Missouri
Valley, a witness In ttje big land trial. It
fell with a dull thud on the ears of the
'Sad submitted in
' by the same
In. wh. 'I.. witness de
clared he did enter the r yooA faith
and with the Intention of I. VV It.
Thla affidavit waa written . "r.
i . ..... ,.;.. .. Vf f- i
"The amdavit was presented U ''.v
ready typewritten. I Aid not read
fore signing It. The paper was brougi. i
ni by a, young man at Missouri Valley.
I do not Know his name." '
Tho attorneys for tha government made
CULTURE TUBESWERE MIXED
Philippine Prisoners Inoculated to
Produce Cholera Develop
Symptoms of Plague.
MANILA, Dec. $. An Investigation, made
at Blllbld, where prisoners who had been
Inoculated with cholera serum, recently
died, has disclosed traces of plague germs
In the dead bodies. No formal report on
the result of the investigation has been
made and the government has rr ached no
decision In the matter. It is asserted that
tubes containing plague germs and others
filled with cholera serum, which are so
much alike that it Is almost Impossible to
distinguish them apart, were mixed In the
laboratory by a visitor who examined the
plague germs and by mistake placed them
In a rack with the serum tubes. This Is
said to have occurred during the temporary
absenco of Dr. R. P. Strong of the bureau
of science, who has been conducting ex
periments and Inoculation of persons with
cholera serum to test Its efficacy.
The natives generally are In ignorance of
the situation, but the native newspapers
are Indignant and bitter. It Is not believed
that criminal charges will be preferred,
but it Is possible that Dr. Strong may
resign.
defense, whose attr
evidence an aftldavi.
Mr. Campbell,
t VTV-
VATICAN FRIENDLY TO POLES
Sot
Able at Thla Time to
Them In Contest with
Germany.
Aid
RAILROAD SHOPS SCORCHED
Unien Faciflo Loses Records and Valuable
Patterns in Fire
FIREMEN PREVENT SPrtEAD OF FLAMES
Blase, Supposed to Have Started from
Electric Wire la Roof, ton
Used to Second Floor of
Hollaing.
SENSATION IN GILLETTE CASE
Attorney for Defease Charges Doctor
Who Testified with
Perjnrj.
HOME, Dec. 3. The pope today received
Kopp, Mrhop of Breslau, In a private fare
well audience.
tomorrow, going direct to Berlin, where he
will see Chancellor von Window and Em-
j peror William and communicate to them I
the result of his conferences with the Vuti- j
can authorities on the Polish situation. As
I, iinn.ilnn r 11 ik' atari. lw tha V n M t, thnp. '
oughly sympathizes with the Poles, but
cannot espouse their cause against Ger
many, as the latter's policy Is not directed
aa-ainst the Catholic religion. reliElous
strenuous objections to the admission of teaching In German being Insisted upon
tha affidavit as evidence, but the court
overruled them and let the affidavit go In.
The defense has entered mora vogorously
upon the general attempt of discrediting
the testimony of witnesses for the govern
ment and this was one move In thia gen
eral plan.
The affidavit further stated that the affi
ant never saw Tom Huntington to talk to
him. The document bears data of August
17, 1906, and waa sworn to before A. J.
Dole, a Justice of the peace of St. John's
township, ilarrlson county, Iowa.
Telia Same Old story.
In his goneral testimony tha witness told
practically the same story that has been
repeated by ail tha soldiers who had been
solicited to file on the lands by the Hulls
at tha Iowa end of the land and Hunt
ington, Hoyt and Comstock at the Gulden
end of the line. The same general proced
ure of malting a visit to the lands, expense
free, and all filing fees paid for by Hunt
ington or Hoyt, were' gone over' In tire
some detail.
William H. Tuttle of Woodbine, another
old soldier, told practically tha same atory
Of having been solicited to make the filing
by I'D. Hull? the visit to- Gordon, inter
view with Huntington, vlalt to the ranch,
subsequent filing at Valentine, all expense
free,' and of the leasing of the land for
K0 per year and his receipt of $25 for the
first Installment of the lease money after
his second visit to tha land. Neither dla
he take up the land for the purpose of
making a home on It, but rather to make
what he could out of the land after he had
made final proof. The witness waa In
clined to much forgetfulness and his al
most Invariable reply to questions In the
cross-examination waa "I don't remember."
R. S. Hall asked the court if there was
not some way to compel this witness to
answer.
Caannt Mako Him Remember.
Tha Court If he cannot remember, the
court knowa of no way to compel him to
remember.
Tha witness waa repeatedly asked If ha
bad talked with anyone about what ha
waa to testify to alnce being about- the
federal building. He atated that he had
only talked to a few comrades In a general
way and asked the court if he should be
compelled to make a more explicit answer.
Mr. Hall wanted to know. "Why did you
ask the oourt If you ahould be compelled
to answer T"
Tha witnesa did not rerly. merely saying
he had not talked to any one In particular,
and with no one at all as to what he ahould
testify to.
John E. Oelger, an old soldier from Lo
gan, la., told briefly why ha took up the
land In Nebraska. He aald:
"I waa told by Hull that an old soldier
could take up 040 acres of land without
having to live on it and that some cattle
company would put improvements on It and
pay the expenses of filing and cultivation
by the Prussian authorities only In the
case of children who know that language.
Therefore the conflict ceases to be religious
and become political.
The pope charged Cardinal Kopp to con
vey his warrant greetings to Emperor
Williams, expressing the desire of the Vati
can to maintain and strengthen the good
relations existing between the papal
authorities and Germany.
CUBAN DECREECCMES TODAY
Governor Mtioos Will Declare Seats
of Congressmen Elected la
IttOS Vacant.
HAVANA, Dec. 3. The decree to be Is
sued under the specific authority of the
president of the United States by which
the sents of all members of the second
series of the Cuban congress elected In
1906 will be declared vacant Is to be pro
mulgated In the Official Gazette tomorrow.
While the liberals are rejoicing over the
discomfiture of the moderates, its real dis
appointment is being expressed at the
failure of tha'decree to confirm the confi
dent expectations of the liberals that new
elections would be held next June. Sena
tor Dula probably will issue a manifesto
tomorrow defining the attitude of the moderates.
New uDrt4ntught" Started.
PORTSMOUTH. England. Dec. 3. The
keel plates of another Dreadnaught were
laid by Admiral Sir Archibald Douglas, the
commander-in-chief at Portsmouth, this
morning. The new battleship will be
larger and more powerful than the first
Dreadnaught, and, as much of the pre
liminary work has already been done it la
and final proof, and that we could sell U i (Xpected that its construction will progress
after we had proved up. 1 signed a lease rapidly.
for the land in Huntington s over tne Dana
at Got don, and six months afterward I
was paid $25 for the six months' grating
on the land. The money waa in the form of
a check and I had it cashed at the bank
Just under Huntington'! office."
Witness told of the usual visit to the
lands said to be those he filed on with a
party of four Iowa comrades, and their
subsequent return home. He had not been
on the land since, nor did ha take It with
the purpose of establishing a home on it.
Twla Mills flection la Demand.
During the early part of last weak ona
John F. O'Neill, a friendly" entryman
living at Gordon, testified to having pat
his filing on a section on which waa lo
' cated the. "Twin Mills," a particularly
choice section. This was one of the mid
night filings made at Uerrtman before
Conimlaslorisr Heath. Tha evident purpose
of all of these "friendly filings" was to
secure tha choice lands against the general
tilings and entries to be made during the
big rush. The "Twla Mills" seem tram the
evidence produced Monday afternoon, to be
the general laud mark around and about
Fire broke out In the record room on the
second floor of the new pattern factory
In the L'nion Pacific shops about 2:30 Mon
day afternoon and caused damage to the
extent of $lt,ou before It was extinguished
by the combined efforts of the entire city
department and the Durant Fire company
at the shops. Records of the auditing and
accounting departments were totally de
stroyed, and It la feared that many valua
ble patterns were rendered useless by be
ing soaked with water. The patterns were
on the first floor of the building and were
not reached by the flames, but were
drenched with streams of water from
twenty lines of hose. Tlie patterns repre
sent the work of years and the damage In
this respect cannot be estimated. One hun
dred men were placed at work after the lire
waa put out, carefully wiping the patterns
with towels, and It Is hoped that In this
way the damage may be decreased.
The first alarm was sounded about 2:30,
but the fire had gained such headway that
a second alarm was sent In about 3 p. m.
Four hose companies and a truck re-
The cardinal will leave here lu lMO ,,rBl
niateiy placed at worK unaer me personal
direction of Chief Salter. The second alarm
brought six more hose companies and two
trucks to the scene, some of which came
from the outskirts of the city. The fire
waa gotten under control In about one hour,
but was ono of the most stubborn and diffi
cult that the firemen have been called upon
to fight for some time.
The flames were first discovered by John
Nichols, custodian of the record room, who
smelled the odor of smoke. With the as
sistance of other employes, two lines of
hose In the building were laid and di
rected on the blaze, but In spite of the
prompt measures taken the flames could
not be checked and soon enveloped the en
tire north end of the building.
Fire Starts Near Electric Wire.
The record room la situated at the north
and of the building on the second floor,
and Mr. Nichols said the fire was first sean
near the roof, where the electric light wires
enter the building. Superintendent of Mo
tive Power McKeen was in the bulldlrg
when the fire started and assistod
In playing the hose on the burning records
The, record room Is separated from the
south half of the building by a thin par
tition, but the flames soon burst through
the partition and enveloped the entire sec
ond floor in smoke and flames.
The records were kept In large wooden
files, with narrow corridors between the
tiles, which reached from the floor to the
roof, and the papers, which were the ac
cumulation of many years, burned like
tinder. The records were not of nny par
ticular value, exeept for statistical pur
poses, and tha moat recent papers la the
flies were those of 1903, the current records
and those of recent years being kept In
fire-proof vaults in the general offices.
Greatest Damage to Patterns.
Superintendent McKeen said: "While the
loss to the building will be considerable,
the greatest damage has been done to the
patterns stored on the first floor. Many
of these patterns could not be replaced at
any cost and all of them are practically
worth their weight in gold. They are made
with Infinite care and of the most expensive
materials. We hope to save most of thein
tonight, when a hundred men will be
placed at wiping them off and removing
them from the building.
"I am thankful that the patterns for the
motor cars were not In the building hut
were in use In the construction of the cars
In the shops."
. The fire attracted a large crowd by reason
of the dense smoke which emanated, and
it waa rumored around the city that the
entire shops were burning. The courts
adjourned for a few moments to watch the
Are, which was plainly visible from the
windows of the court house.
Chief Salter withdrew the city firemen
about 6 o'clock, after having extinguished
nearly every sign of a blaze. The railroad
officials said they would be able to care
for tho property with the Durant depart
ment, and rather preferred that their own
men take up the work of handling the
books and records not burned.
spectator Hart by Big- Track.
While the fire at tlia shops was still in
progress, an alarm was turned in from
the Utopia hotel, Eighteenth and Daven
port streets, and the outlying companies
which had moved in toward tne center of
the city when the second alarm was turned
In by Chief Salter for the L'nion Pacific
fire, answered the call, placing nearly
every piece of apparatus In the department
In commission. A slight blase was found
to be burning between the floors and was
extinguished with small loss.
The only serious accident reported inci
dent to the tire was one in which an on
looker, too Intent on seeing what was
going on, got In the way of a big hook
and ladder truck. The victim waa "Billy"
HERKIMER, N. T., Dec. S.-Never per
haps In the history of Herkimer county
Justice hud the closing scenes of a murder
trlnl been characterized by such hitter at
tacks of counsel aa developed In the sum
ming up of the Gillette esse today. Re
plete as the trlnl haa been with surprises
and sensation, none wns prepared for the
sharp exchange with which the day closed.
Judge Devendorf hud expected to give the
cse lo the Jury today, but after District
Attorney Ward had spoken for fifteen
minutes court wms adjourned until to
morrow morning. The prosecutor will con
clude and the Judge's charge made to
morrow, It is expected.
Former Senator A. M. Mills, a close per
sonal and political friend of the prosecutor,
made the appeal to the Jury to acquit
Cheater E. Gillette of the murder of
Grace Brown, at Big Moosn lake. July 11.
He hnd occupied nearly the whole of the
session and It was lye In the day when
ne dramatlcaly declared that the five phy
sicians who hnd sworn there was a blood
clot on Grace Rrown's brain had sworn to
a falsehood; that tftey had gotten to
gether and apreed on fa common story for
the witness stand and deliberately with
held testimony favoratile to his client.
As Senator Mills concluded, District At
torney Ward Jumped to his feet and. In
terrupting the Judge, w ho had decided on I iPries and
NEBKASKANS ARE ON DECK
111 Members Except McCarthy Freient on
Openinc Day of Conejess,
SENATORS CONFER ON THE JUDICIAL BILL
Representative Burke Introdoeea a
Bill for "ale of Indian Lands la
Tripp Coanty, South
Dakota.
an adjournment, launched Into a scathing
denunciation of Senator Mills and the
methods he had taken to sway the Jury
over the defense. AS he spoke the out
stretched and trembling hand of the pros
ecutor shook In the face of the counsel for
the defense.
yo
(From a Staff Correspondent.)
WASHINGTON, Dec. 3. (Special Tele
gram.) With the exception of Representa
tive McCarty, the entire Nebraska delega
tion wus present when the gavel fell today
convening the last session of the Fifty
ninth congress. Early In the day Con
gressman Kennedy greeted Congressman
Pollard, their congratulations extending to
a visit of the stork to their respective
households, little or nothing being said of
the political battle through which they had
Just passed, one to go down In defeat, the
other having won out.
In view of the rule made by the speaker
of the house and the serjeant-at-arms of
the senate excluding flowers from the
desks of members at the opening of the
session of congress, there was little to sug
gest In the convening of congress today
anything more than an ordinary day ses
sion, barring the presence of crowded gal-
groups of statesmen
on the
floor of the two houses, telling "how It
happened." Some of tin- members, who
w-ere defeated at the November election
were chipper to a degree, while others
showed feeling when regrets were ex
pressed at the Ingratitude of their con
stituencies To a nwrrknjr the affiles lit-
reputable men of H.Tklmer county, and j fraught with much Interest, but to the old
your frlend3 who enter your homes per. tlm-r, who has seen men come and go.
NEBRASKA WEATHER FORECAST
Partly Clonriy Tuesday. Wednesday
Rata or "now and folder.
Tctnperatnre at time ha Yesterday!
Hoar.
S a. m .
a. m .
T a. m .
" a. m.
1) a. m.
10 a. m.
11 a. m .
13 m.. . .
Ilea.
. 4t
. . :is
. . KT
. . 4
.
. . 7
. . 3H
. . 44)
llonr.
1 i. m . .
SI p. m . ,
M p. ra . i
4 p. m .
fi p. nt .
it p. m . .
T p. m . ,
H p. in , ,
I) p. Ill .
le.
. . 41
. . 45
. . 4T
.. 4T
. . 411
. . 44
. . 41)
. . as
. . as
torrey m.ssion meetings
Audltorlnm, St p. ni. and TktO p. m.,
Every Day Except Katarday.
Jncnhy'e "Workers' Tralatn In
stitute," 131.1 Howard "treet,
T p. m.
Rnrwood Theater. UK9 to 12iV
Tneaday, weilnrnay, Thnrailny,
Friday, Dr. Tnrrey'a Address to
Ilnslnrsa nnd Professional Men.
Y. Wl '. A. Assembly Room, I3il(l
to 1, Every Day Except Saturday,
Woman's Merlins; Conducted by
Jncoby and Miss Pnrker.
Wednesday, December It, a Day of
Fastlna and Prayer. Cottnae
Meetings at O a. m. Anion the
Yarlona ( hnn-hra. A Central
Medina; at First Presbyterian
C'hnrch at lOint a. m.. Where Dr.
Torrey Will Speak and Mr.
Ilntler Sinn.
READY FOR WORK
Both Bouses of Conereu Organize and
Adjcnrn After Brief Eeitions.
PRESIDENT'S MESSAGE WILL COME TODAY
No Business Waa Traniacted Fendin? It
Beceipt and Beauine.
TWO RESOLUTIONS ON NEGRO TROOPS
Fenrose and Foraker Ait for Information
Beeardioc Discharge of Battalion.
FAMILIAR FACES M.SSING IN HOUSE
Work of Urlm Reaper During Recess
la Referred to by Chaplain Condon
Committee to Walt oa
Prealdent.
SURETY COMBINE CONTINUES
haps every day, are liars and burglars he
says tnat which is not true.
Mlqnelon Relna; Abandoned.
SIDNEY, N. S.. Dec. 3. Alarmed by the
rapid decrease In the population of St.
Pierre, Mlquelon, the French government
has reduced the customs tariff for the
Island m order to stimulate business inter
efts. For the last two months the popula
tion of Miquelon, the last remaining pos
session of France In America, has been
steadily decreasing by emigration to ths
Canadian west and northwest. The reason
for ths abandonment of the Island Is the
poor condition of the fisheries for the lost
few yeara.
Regency for Persia.
TEHERAN, . Persia, Dec. S. The report
that Mohammed All Mlrsa. the heir ap
parent and governor of ,AserbalJan, has
been summoned from Tabris to Teheran to
assume the regency during the Illness of
his father, the shah, is confirmed. The
establishment of a Persian national bank
and the Issue of an Internal loan, with the
object of emancipating the country from
dependence upon foreign financiers, ap
pears to be assured.
SCHOOL BOARD MAY WIN
San Francisco Hears Secretary Met
calf Will Decloe Adversely
to Japaaesc Pupils.
SAN FRANCISCO, Dec. 3-The Call says
today that School Director D. H. Oliver
stated yesterday that Secretary Metcalf,
before his departure for Washington, told
the school directors that he believed they
were clearly within their rights in estab
lishing a separate school for Japanese pu
pllc. This would tend to correct the Im
pression that Secretary Metcalf had de
cided to favor the Japanese in his report
to the president. The secretary's report,
it may be assumed, will conform to his
assurances to the school board.
Attorneys versed In International law be
lieve that the treaty between Japan and
America In no way covers the points at
issue and the best that the United States
can do for the Island empire is to institute
a test case In the federal courts, as has
already been done.
That the matter will be taken to the
supreme court for final decision is now
quite evident, and If It is decided there
that the. Japanese are. Jipt Mongolians, a
contention that has Umii made to divert
the enforcement of the law requiring that
race to be kept in schools separate from
white children. It Is quite certain that the
state legislature tit Its next sexsion will
pass a new law to keep the Japanese out
of the schools In which Caucasians are
taught.
In an Interview yesterday Director Walsh
expressed sentiments similar to those of
Mr. Oliver.
FIRE INSURANCE CANCELLED
All Bnlldlnaja In Weatrrn Kentucky
Cwaed by Tobacco Traat
Without Protection.
there waa a noticeable lock of spontaneity
In the greetings of old friends and an un
dercurrent of deep regret that old tics were
about to be severed and old friendships
broken.
Millard Calls oa President.
Senator Millard called at the White
House early today for the purpose of pay
ing his respects to the president and ho
was met most enthusiastically by Mr.
Roosevelt, who stated to the chairman of
the Interoceanlc canals committee that he
wns more than ever Interested In tho Isth
mian canal and that his recent trip to
Panama had b'en a revalatlon to him, and
the Interview terminated.
Vpon the question of currency reform,
Senator Millard said today that he did not
believe ccngress was In a mood to take
up the discussion of the question and that
so far as Nebraska was concerned he did
not believe the bankers of that state de
slrod reform along the lines laid down by
the American Bankers' association.
Senators In Conference.
Senators Millard and Burkett were In
conference this afternoon over a multi
plicity of matters, particularly In relation
to the bill creating a new judicial district
In Nebraska and commonly known as the
Burkett bill. They had also up a suc
cessor to E. B. Owens, seglster of the land
office at North Platte, whose term expires
this month.
Poatmaatershlp at South Omaha.
Congressman Kennedy, who arrived In
town early this morning, will have to set
tle the South Omaha postmastershlp in the
near future, Postmaster Etter having died.
Among those who are pronounced condl-
dates for the place are E. L. Howe, for
merly city treasurer of South Omaha; Jay
Iaverty, member of the School board; Wes
ley P. Adklns, who was a candidate for
mayor at the laat city election; Lewis
Ett r, former deputy and now. acting post
master, and L. C. Gibson, at present state
senator from that city.
Bill for Bale of Indian Lands.
Representative Burke today Introduced a
bill to authorise the mile of the surplus
or unallotted Indian lands In Tripp
county, South Dakota. These lands are
to be disposed of through presidential
proclamation at prices ranging from to lo
12.60 per acre. The bill appropriates 166,0"0
to pay Its Indians for sections i and 3)
WASHINGTON. Dec. 3. The Fifty-ninth
congress began Its last session at noon to
day. It took the senate fifteen minutes to
arrange Its preliminaries and the house
hour. The senate received from Phesldent
Roosevelt a long list of appointments for
Its. confirmation and In an executive ses
sion of nineteen minutes declilcd that aa
the nominations had been received befora
tho body had been organized formally to
mako no contlrmatione until the preNhleut'a
annual message had been received and the
session fairly started.
Senators Penrose of Pennsylvania nnd
I Foraker of Ohio came forward with rceo-
AI.nANY, N. Y., Dec. 3. Attorney Gen-llutlong of inquiry regarding the discharge
eral Mayer tonight announced that he had , of the negro troops of the Twenty-fifth In.
denied the application made to him ask- fantry. One was addressed to the presl
Ing him to proceed for the annulment of 'dent and the other to the secretary of wan
the corporate existence of the American ! After the ripple of surprise had passed and
Xew York Attorney Genernl Refuses
to Proceed Aarnlnst Members of
Aliened Monopoly.
Surety company of New York, the New
York. Fidelity and Casualty company of
New York, the Metropolitan 8urety com
pany of New York, the I'nlted States Guar
anty company of New York, the American
Fidelity company of Vermont, the Hankers"
Surety company of Ohio, the Federal l'nion
j Surety company of Indiana nnd the United
j Surety company of Maryland.
The allegation was that these companies
had formed a combination to monopolize
the business of furnishing lionds to hold
ers of liquor tax certificates.
In his opinion, Attorney General Mayer
said
V.co President Fairbanks had suggested
that It was unusual to transact any busi
ness until the president's message had be.n
received the resolutions went over with
unanimous consent. Senator Dupont of
Delaware took the oath of office.
The opening of the two houses was wit
nessed by an animated throng which filled
the galleries to their capacity. Hundreds
went away disappointed In not gaining nd-ml.-slon
to witness the session of either
senate or house.
Not In years has a larger number of
members-elect of the lower house of oon
gress presented themselves at the speaJc-
It seems that the writing of such bonds ' ' r " 1, sk lo ,ake h" ttth ' "nice. Death
Is In no sense a trade, within the purpose j has been unusually active among the mem
of the law, and my view Is that the legla- Ibershlp during the closing days of the last
lature never Intended to prohibit any ar- ; , v,,. ,. - ...
rangeinent which, whereby requiring ade- f'st,lo' nn1 beginning of the present,
quale compensation, might nsn ire the writ- i anl Chaplain Couden feelingly called tha
ing of Ixmrls of a character which In turn i attention of the body to the work of tha
nuiiiu unsure cuuuon anu ooeournee to ine
statutes relating to the traffic In liquor
on the part of those who were Indemnified.
PRINCETON, Ky., Dec. 3. All Insurance
policies covering buildings owned or con
trolled by the Tobacco trust, so-called, In
western Kentucky, were cancelled today as
a result of the burning of two stemmerles
by a mob which entered Princeton last
rHHav rifo-ht The nolieles were cancelled
by telegraph from Louisville, most of them ln eacn mnoMp, which are to be reserved
being in two companies. ; to th- ,at of South I,ukota t government
The excitement caused hy the mob's ac- ' Purposes. These school
tlon Is still Intense. Interest being height- I land are to be old at a unl'0" ,rlce of
ened by the inquiry begun today by State J'60 acr'
Fire Marshal Aires.. Several witnesses Appropriations for the West.
were examined, among them being nroml-
grim reaper during the months since ad
journment. Speaker Cannon appointed Representative
James R. Mann of Illinois aa a member of
the board of regents of the Smithsonian
Institute vice Robert R, Hott of Illinois,
deceased.
The galleries of the house were crowded
at an early hour. The absence of flowers
f.'om the desks of the members wss much
commented on, but Uie ordr of the speaker
prohibiting the floral display whs generally
commonded for Its good sense. A similar
rule was made In the senate two yeara ago.
Mrs. Nicholas Longworth, daughter of
the president, occupied a seat In the execu
tive gallery, accompanied by Miss Hagner,
the social secretary of the .wife of the
president.
The routine work of the house Incident
to the opening day wus quickly despatched,
the roll call showing nearly son members
present.
Representative Bourke Cockran of New
York, who recently married Miss Ide, was
the subject of hearty laughter when his
personal request that he be permitted to
ubsent himself for an indefinite period on
account of business was laid before ths
house by the speaker.
After the appointment of the usual com
mittee to wait on the president and In
form him that the house was organised and
ready to receive any communication he
might desire to make of Interest to the
public service, the house adjourned out of
respect to the memory of the deceased
members.
President Roosevelt's messuge will be re.
celved both In the house and senate to
morrow. No bills were Introduced In tK
CHICAGO, Dec. S.-The convention cf the senate. In the house there were thlrtv.
Citizens' Industrial association at America eight nubile measures and afto n
Secretary Shaw today transmitted to con- open(,a here today. The greater part of the character.
LIQUOR LAW IN ST. JOSEPH
Court of Appeals Decides that statute
Prohibiting; "alea on Rnndny Doea
Xot Apply to that City.
KANSAS CITY, Iec, J.-Judge Ellison
of the court of appeals, In a decision her
today held that the state government of
Missouri had no power to regulate dram
shops or the sale of intoxicating liquors
on Sunday or within certain hours of that
day ln St. Joseph, a city of the second
class.
In St. Joseph the city council passed an
ordinance which prohibited the sale of
liquor between the hours of 8:30 a. ni.
and 12:30 p. m. Judge Ellison's decision will
permit the sale of liquor In St. Joseph at
all other hours on Sunday. St. Joseph ob
tained its charter from the state legislature
and Is the only second-class city In Mis
souri. The decision was rendered on the appeal
of Samuel Binswanger, a St. Joseph liquor
dealer, who was lined for selling intoxi
cating liquor on Sunday at an hour not
permitted by the city ordinance.
CITIZENS' ASSOCIATION MEETS
Reports of Ofllcera Heard i
Flrat Day's Medina" at
Chlcaso.
the
Joaeph Chamberlain Better.
LONDON, Dec. 3.-tn view of the recent
sensational rumors regarding the condition
of the health of Joseph Chamberlain, the
ex-colonlal secretary, a bulletin was Issued
from his residence. Highbury, Mobr-Green,
Birmingham, this morning, stating that Mr.
Chamberlain maintains a steady Improve
ment, that he la able to take dally walka
and drives anl that hla eyes have so much
Improved that he is now allowed to read.
nent citizens. All had encountered mem- Kress the annual nwdi of the several ORy wag consumed In listening to the re
bers of the mob, but with one exception branches of the' government for the fiscal ports of officers.
they testified that they failed to recognize year ending June 3o, 19u and which will be. At tlie afternoon session an address was
any of the raiders. The exception was the ' embodied ln saveral appropriation bills, made by T. J. Ma honey of Omaha on "Tho
case of William Winters, a section man i The fouin um are nctdeil to carry out Sherman Anti-Trust Law; Its Application
employed by the Illinois Central railroad, the purposes of congress, expressed through to Illegal Labor Combinations.'' A nuni
and who Is already under arrest charged former acts: For support of tho Genoa ber of other speeches were made. Tonight
with participation in the raid. 'Indian school, t67,li0; to fulfill treaties with . a banquet was held, at which addnsies
The fact that one witness who had pro- ' the Wlnnebagoes, tU,l&.'; support of In- were made by J. W. Van Cleave of St.
vlously declared he recognised members of tllan schools ln the Sac and Fox reacrva- Louis, Prof. J. Laurance Iiughlln, Charles
the mob testified to tho contrary today Is tlon In Iowa, $15,800; to pay Indian agents E. Llttk-fleld. C. W. Post, W. Collision and
taken as an Indication that the chances of i South Dakota, at Cheyenne river. Crow : James A. Emery.
securing convictions are slight. creek. Lower Brule. Pine Ridge, Rosebud,
VISITORS ANU MEMBERS OS MAUD
HARTJE REPLIES TO
jSlBseton and Yankton, ln all, $U.5o0; forUTAH LAND CASE WITHDRAWN
ApP j support of the following schools In South
! Ilakola: ChamlierlaJn. 147.000: Flundrenu
Millionaire Saya Demand for f.'IO.O)0
for Expensea of Divorce Salt
la Too High.
PITTSBURG. Dec. 3. Augustus Hartje,
Hunt, aged about 66 years, who was as ln- one of the principals in a recent sensa
qulsltlve. despite his years, as a little boy tlonal divorce case, .filed a reply In the
regarding the workings of truck No. L common pleas court today to the petition
Dakota: Chamberlain, M7.W0; Flandreau,
X3,25; Pierre, $12,560; Rapid City, $o,,0u0;
support of Sioux of different tribes. Includ
ing Santee. Sioux of Nebraska, $U7,000; edu
cation of the Sioux nation, $.0u0; fulfilling
treaties with the 6ioux-Yankton tribes, $45,
Ki0; asylum for Insane Indiana at Canton,
l-X.Sx); allotments for the Sioux reserva
tion, $7,500.
Appropriations are asked to continue work
and when the ponderous vehicle started up for alimony and expenses made by his w Ife, on the following nubile bulldlnss ln Ne.
Looking for Threntener. fn PKlurn to ,h. nre hoube. Hunt failed to Mary Scott Hartje, ten days ago. Mrs. i,raiii town nrt South Dakota tiranrt !-
MILAN. Italy, Dec. S.-A careful search . uut of lt. D.th. wis rlaht foot was Hartje set up the claim that her husband Ianii v.i, tai.noo: Kearn-v Neh ti.hL
has been made at Bergamo, about fortv j cttUK,u under a wneel and badly crushed. hd an Income of $75,000 a year and that an(1 York Neb o.CX). Iowa. Wel.ster
The police were called with Burgeon " defense to nis cnargea naa cost lier j Cjly j ooo; Ottumwa, $30,000; Muscatine,
Pugsley, and the man taken to St. Josephs W.WX). She therefore asked for a sum to, VJw, Ma n City, $?0.000; Council Bluffs,
hospital. While tho foot Is badly hurt, R ! cover these expenses. I $30,000; Des Moines, $00,000; Cedar Ripids,
Is not believed It will be necessary to j ln hl" r'Py Mr- HartJe entered a general ;a f(,r new budinB, Bnd wm for ruIlt
I miles from here, with the view of discov
ering the sender of a threatening letter to
King Victor Emmanuel, referring to a plot
formed by what the writer termed the
Holy Alliance" to assassinate the king,
but up to the present the efforts of the
police have been fruitless.
which other tilings made by soldiers were
cornered, and in two or three Instances the
soldiers were made to believe that the
"Twin Mills" section was the section upon j
which they had filed. Harriaon Youct, an
old eoldler from Woodbine. Ia testified
Mondsy afternoon, that on his first visit
to his claim this particular aectlon was
shown him by tbs party that drove himself
and others cut to look at hla land, as his
special claim, and ho was much elated over
tho fact that be had got a whole section
with two wind mills on It.
Youot, apparently Is the fourth person
that has been located on that same sec
tion, though upon subsequent showing of
tho land tlx months aftar his first visit, he
waa pointed out a pleco of land aa his
aiM-cial section about four miles away froui
the win Mllls."
Thia saiuo atory of being shown differs it
locations was told ty practically all the
id soldier ontryiaeu Monday aflsruuun.
' Chinese Divide Boycott Hii.
HONG KONG, Dec. S. A lurge meeting
has been held at Canton to consider tho
! disposal of accumulated funds subscribed
jsiUoutJ vu bvevad Page .J
to maintain the recent boycott on Amer
ican goods. A resolution was adopted at
the meeting to establish Industrial Institu
tions with the object in view of being In
dependent of foreign supplies.
amputate the member.
"PIPE TRUST" LOSES A SUIT
City of Atlaata Recovers Judgment
Agalaat Combine Which Raised
Price of Pipe.
WASHINGTON, Dec. S. The supreme
court of tho United States today decided
the case of tha city of Atlanta against
the so-called "Pipe trust" In favor of the
city. The suit was Instituted by the city
under ths Sherman anti-trust law on the
British Meateaaat on Trial.
PORTSMOUTH. Eng.. Dec. 1. The trial
by court-martial cf Lieutenant ColUrd. R . complaint that by tho combination of the
N.. charged with inflicting unauthorised ' manufacturers tho municipality had been
punishment and uilng abusive language to ! compelled to pay an excess of $15,000 over
a stoker ln 1905 and with Improper use of
the order "on the knee" November last.
which caused mutinous outbreaks amongst
stokers, began here today.
a fair price on oraers lor pipe amounting
to $&.000.
The city asked damages tn the sum of
$46,000. or three times the amount of luts.
but the court of appeals, affirming a de
cision by tha circuit court for oast Tennes
see, allowed only $7,000. Tho essential vio
lation of the law alleged was that all the
denial of the statements mude by hla wife
and characterized them as wickedly and
maliciously false. AM charges of corrupting
witnesses or entering Into any conspiracy
ta produce fains testimony are likewise
denied.
Hartje demanda an Itemised bill of hla
of temporary quarters. South Dakota:
Iead, $lo,00u; Mitchell, $.'0,000; Wartertown,
$'-0,000.
Minor Matters at the Capital.
Repreaaatatlvs Hedge today Introduced a
bill appropriating $15,ouO for the construc-
wlfe s expenses and say that much of It ! uon w foaaway icaoing to me iNauonai
was unreasonably hlah and unlawfully non- ; cemetery ai iveoaua, la.
traded.
TESTIMONY IN THAW
H. J. Phillips, auperlntendent of the
Chamberlain, 8. D., Indian schools. Is in
Government Calls Hack I.arae Coal
Brarlag Area Selected by Board
of Agriculture.
SALT LAKE CITY. Dec. $. The Utah
State I,and board haa received notice from
the land office at Washington of the with
drawal from all forma of appropriation '
under the public land laws of 18,421 seres I
of land In Utah. These lands had been i
selected by the Utah land board for trans
fer to private parties as agricultural lands
Public Greatly Interested In Short
Session of Present Congresa.
WASHINGTON, Dee. $.-The fact that
both houses of congress are to meet todsy
for the short session hnd the effect early
In the duy of giving the ttipitol an ap
pearance of activity such as It has not
presented since adjournment last June. Tha
first day of a session never develops much
of Interest to those attending the Sessions
of congress, but no other day of a session
seems to possess a greater charm for the
average citizen. Today Is evidently not
going to be an exception to the rule, as
the corridors were not without visitors,
even before senators and members had be
gun to arrive, and this was a mnrked In
crease aa the day advanced. Most of tho
attendants were from out of the city and
there was the usual Importunity of mem
bers for tickets. These . were, as usual,
freely given, and for the time, at least, both
congressman and constituent were happy.
Both visitors and members found the
great building In excellent shape to ro
om tney are now w.wiu.a,,. o, .... govern- , pplv( ,hpm vHt , ,nB ttrU(..r
ment on advice of experts, who pronounce I ha() ,)ppn thoroughly renovated, both Inside
mem I'mi II1U. 1JUiuii OI mill III H Hnrln. tho r... on I, l..L J
valuable coal lands have been obtained by
corporations through selection by the Utah
land board as agricultural lands.
WESTERN MINERS LOSE APPEAL
Moycr and Others Most Stay Is
la Idaho PeadlaaT
Trial.
Jail
WASHINGTON, Dec. 3 The aupreme
court of the United States today decided
as dean and Inviting ne many a new.-r
building. All of the committee rooms hava
had a thorough overhauling, the pictures
have been rejuvenated and the two cham
bers completely cleaned up.
Senators and members of the house began
to arrive early In the day and there weio
many cordial greetings ln the corridors and
on the floois. The experiences of ths Uvo
campaign were a fruitful source of remark,
but although many of the meetings were)
between republicans and democrats, there
Testtmoay of Two Men X
fornla Is Waated by
Defendant.
NEW YORK. Dec. . A motion of counsel
for Harry K. Thaw that a commission be
CASE Washington matters regard.ng tnc llltl.a:J corpuH cartc of Moyer. Haywood ' wa9 "" evidence of any but tha best feel
th. management of hi. school with Com- : ,, ,...,UUone. the representatives of the lng' The n'c""'f 6'Tr.lly expressed
I. Call. mi.Sloner Leupp and other officials of the j western Federation of Miners, who are " opinion that the short session would
Indian h,.r.. .. ,....v... ... .u. ..v. witness little legislation beyond the pas-
Indian bureau.
Senator Burkett today made a request
uon the commissioner of patents for
copies of the Official Gazelle for thets li
beries in Nebraska: Omaha public 11-
Flllplaa Blaadcrer Itemaaded.
MANILA, Dec. 1 The supremo court haa
denied the application of a writ of error
ln tho case of Dominador Gomes snd re- pipe makers had so manipulated their bids
manded It to the lower court for exocu- ' as to throw tha contracts to tho Annlaton
tlon of sentence. Tho ag'.tator will be sent ; Pipe and Foundry company of Annlston,
to Blllbld prison t Jin rrow. He was con- 1 Ala., rendering that company's bids the
vtcd tor
CaUUca
having slandered Governor
lowest offered, not wiltiauu, dins tbejr w-ere
sUll exorbitant.
1
appointed to take the teatlmony of wit- ' brary and Young Men's Christian assocla
n eases out of the stats was granted by j tlon library. Omaha; Phi Gamma Ltd La II
Judgo Newburger ln tho supreme court to- l brary and Nebraska State library, Lincoln;
day. It will bo an interrogatory commis
sion and testimony will bo token of wit
nesses for both the presecutlon and de
fense. The motion was made by Clifford W.
Hartrldgo. ona of Thaw's counsel, who
suggested sn open commission and named
as tho witnesses whoso teatlmony is de
sired. Thomas McCalrb and Truxton Beal,
both ot whom, be said, are la Calif orula.
post library, Fort Crook; public library,
Hastings; Seward public Ubary and Grand
Iklar.d public library.
Rural carriers appointed: Nebracka.
Brunswick route Nua. I and !. Ciiarits
SloKsman. carrier; Susan Sicluman, sub
stitute, dab Orchard, route No. 2, Robbie
J. Spence. carrier; Pte O. ".pence, substl-
tCurillriUtrd on sfcooud Pago.)
now held In prison In Idaho on the charge
r.f mmrdlclrv In the murder of former Gov- 1
ernor Steunei'.berg. adversely to the men.
Tha opinion was by Jui-tl. e Harlan.'
The effect of the decision will be to con
tinue to hold the men in confinement for
trial ln Idaho.
Movements of Ocean easels Dec. 3.
At New York Arrived: flttl dl Napoll,
from Naples; t'retlo. frjm Naples.
At Boston Arrived: Geoigian, from Lon
don. At GenoaArrived- Hamburg, from New
York. At Chrlstlansand Arrived: United Stales,
from New York.
At M a reUies Arrived: Perugia, from
New York,
At Wndo'j Arrived- Minnehaha from
Nw Yoik.
Lgo of the appropriation bills.
"But If any one tnlnks w will not find
something to tulk about, he lias another
i g jers." aald one of tin-in, and there was
g.-neral acquiescence.
The question of selling undoubtedly will
rec-flve attention at the hands of (oiigrti.s
this week. The subcommittee of the houaa
committee on appropriations, which pre
pared the hgisUtlve, executive and Judicial
apoioprtation Lit!, will report that m-aiutj
to the full committee today with the old
form of siielllng retained, mid It will ho
for the committee to decide whether the
Bln.pl'fied method shall br used Tnere is
a piaallilllly that the Congressional Heioi.1
will contain bulb at) Ka uf spelling. Uav