The Omaha Daily Bee OMAHA, FRIDAY MORNING, DECEMBER 7, 190G-TEN PAGES. SINGLE COPY THREE CENTS. VOL. XXXVI-NO. 148. SENATE 'ASKS FACTS!" TR"TV-! WITH JAPAN Airrrmrnl Whfrfhr Each Nation May Exclude Lnhnrrri of Other I !n(tfilrH. CHICAGO. "Dee. . A dispatch to the Tribune from Washington nays: Viscount Aokl. the Japanese xtnhMiwdor, wont to the White House yosteiday at the Invita tion of the president. They discussed a proposition to negotiate n entirely new treaty, specifically recognizing the right of each country to exclude the laborer! of the other. THREE CHARGES MADt AGAINST SOLDIERS j Such a provision Is contained In the pres. Japanese ambassador thought It would sat isfy the prld of the Japanese If their rights to treat the Americans as the Amer icans treat them were recognized. It was also believed that such a new treaty would please the people of Call- hfs;lutlon E'aeti Information About Lischarze of Nesro Troopt. NOTION FOLLOWS AN EXTENDED DEBATE .'orAker Eayi Report of Testimony ii Incomplete and Unsatisfactory. AR-SAR-BES IS APPRECIATED Commercial Cub lenders Banquet to Board of QoTernors. PROMPT RESPONSE TO WATTLES' APPEAL DRAINAGE CONVENTION BUSY Delegates te Rational Meeting; Hear Papers on Condition la Weater ftittt, FIFTY MILLION FOR RIVERS w Bryan Gives Some Impressions Political Life Abroad and. Some Castoms Worthy of Emulation. Argues Uefore Land Com- mlsaloner In Behalf of Veterans Who Take I P Additional Homesteads. On Each of Thsrn the Accused Ha tie lieht of Trial. POWER OF PRESIDENT iS QUESTIONED Right to Illsmlss Man from the Army Is Also Involved Morsan Makes Speech on Panama Hall-road. WASHINGTON. . Dec ti.-Tlio senate to day called upon the president and the sec retary of war to fumisu all Information compatible with the publio Interet regard ing the discharge of the ne' t. xps of , MO Its V. st, One hundred and fifty guests sat down to the banquet tendered last evening by the Omaha Commercial club to the board of governors of the Knights of Ak-Sar-Ben. The board of governors, the special guests of the evening, were the following: O. W. WdIIIii r tr l.l..ni, T T Tnfnld TT.tnll fornla and show them that the president Rrftn.,.., v n -.,(i,n rhsrles M Court- was prepared to go to the extent of ex eluding the coolie Japanese If It should become necessary. The treaty would be easy to have ratified by the senate. It would almost Inevitably be followed by a Japaneso exclusion law barring out all laborers from the mikado's Islands. Our laborers would thereupon be barred by Japanese. All this Is specifically provided for In the existing treaty, but diplomatic methods are dark and devious and the president probably has a definito nnrnnt whli'h wilt tA Hiveloned later on. the Twenty-fifth l.ila.itry. r t, ... .,,, vesterdav that Secretary were adopted to ac-comp.lsh . Root, under the direction of the president, one to the president and the at. I ( ,u,tually eng.aa.p(J ln tn9 negotiation of secretary of war. The action fo- new trealy wUh Jlpan wh(.h wl gpe. debate ot two hours, in wn.cn m . , (ldmU tne ,e f that nation I l" ' 1 , of the discharge of the soldier. roe c. .duration as are ! duly thankful to the men who have carried ney, Gould Diets. A. J. Love, A. Powell, J. C. Root and W. L. Yetter. W. J. Bryan was among the speakers. P. W. Judson acted as toastmaster and toasts were drank to the members and ex members of the board of governors. W. 8. Wright delivered the address of welcome to the guests of honor. He de clared that no men had performed work of greater self-sacrifice than that done by the board of governors, who had devoted much of their time and effort to carrying that the Knights of Ak-Sar-Ben had done i and are doing a work unsurpassed any where and that the city Is proud of and Waterways ConTention to Ask for a Per manent Appropriation. Oklahoma C1TT. Okl.. Dec. 6. Several additional delegates, especially those from CM AH AN ON RESOLUTIONS COMMITTEE the south, had arrived today when the sec ond day's session of the National Drainage I .... .... i i Klnkald congress wu i;ncu yi,,,,, n 1 e 1 " gram made up of papers and speeches on topics affecting drainage and Irrigation was arranged. Among those who were ex pected to participate In ;the day's sessions was George A. Ralph,, engineer for the Minnesota. Drainage commission, wlih a (From a Staff Correspondent.) speech on "Reclamation of Waste Lands In WASHINGTON. Deo. .- (Special Tele Minnesota." Others were: "The Relation BrttmJit wu8 ,tnted that l.iOO delegates of the Geological Survey to the Drainage , wera pre8ent at the deep wat-rways con ot Swamp and Overflow Lands.'' Ii. M. j yentlon which convened In this city to Wilson, geographer. United States gcolosl- i du fter addresses by Speaker Cannon cal survey; "Proposed Legislation und , nnd Representative . Burton, chairman of Progress ln Study of the Drainage 8itua-jlne rivers and harbors committee, the ton- tlon." C. J. Blanchord. statistician, United I vention gut down to business. It was 8t:itcs reclaniailon service; "Drainage In- agtetd that there should be one vice presi- vestlgatlons by the United States Depart- dellt trvm em;h 8t.ite. and the name of I nicnt of Agriculture," Elmwood Mead, j Henry T. Clarke of Omaha was presented chief of irrigation and drainage Investlga- j lo represent Nebraska. A committee on Hons; "Drainage Conditions in Iowa," resolutions was appointed, Nebraska pre j Lewis A. Ashbaugh, associate professor of anting the name of K. J. McVann, who civil engineering Iowa State college; "Our : afterwards was selected as secretury of 1 Drainage Problems," A. L. Fellows, state ! tlie resolutions committee, the chairman of engineer of North Dakota; lhe Reoluma-; tne committee being Hon. J. N. Teal of Portland, Ore. A reorganization committee of te.t was appointed, Fred V. Fleming of Kansu City being named to represent elation; Arthur K. Morgan, secretary of the entire Missouri vnllt-v. On the nom- was repre- tlon of Laud by the Federal Government,'.' Thomas L. Cannon, executive secretary,! St. Louts section. National Irrigation asso- ( attention. Senator Morgan of Alabama devoted two hours to the discussion of his resolution to secure control of the Panama railroad by the lsthtnia'i Canal commission. No action was taken. Both Resolutions Adopted. The senate today adopted the Penrose resolution asking the president for in formation regarding the discharge of the negro troops of the Twenty-fifth infantry, and also the Forakor resolution directing the secretary of war to transmit Informa tion on the same subject. Both resolu tions oarried an Identical amendment by Mr. Culbeiaon. axkl'ig specifically for the order to Major Penrose commanding the troops, which directed him not to turn over to the Texai authorities certain of the troops demanded. This action followed two hours' debate on the propilocy of axklng Uie president for the Information or of directing the sec retary 3t war to furnish it. Mr. Kpoonor urged that In matter when congrvu hai an absolute right to lsfotma Uoa In tho possession of the executive. It always had boen custjmary to direct a cabinet officer to furnish It. In matters whero U had not this right and In which there was some doubt about the advisabil ity of publicity, congress usually made a request on the president if It desired the Information, with the understanding that It should be furnished "If not Incompatible with, the public Interest" This view was supported also' by Mr. Foraker, while Mr. Lodge quoted precedents to the contrary. Three Crimes Are Charged. Mr. Foraker produced a printed copy of leat'mwiy. la tr pas 'shloh, he had ob- ..' talned at the War department, extracts of which ha real to show, aa he said, that It ' was "unsatliifactoty. Incomplete and ot a flimsy cbaracter. Mr. Culberson took the opposUs view of lhe testimony, but boti agreed that "with the unsatisfactory Information" at hand It was useless to discuss the case. Mr. ' Foraker read at length the testi mony furnished by the War department. He said It appeared that murder, misprision f felony and perjury had been committed by some one three crlme-ifor the punish ment of any one of which the constitution secured to any man the right of trial. He did not regard It from the standpoint of race question. The right of the president to dlsmlMi a man from the army was also lnrotved. If be could dismiss a man he could dismiss a company, a regiment, a brigade and In fact, on the same theory, the whole army. During the debate the report was cur- V, o European aliens, no more and I n ..... . .. . . i. ' .T it be true that sucn a irs.iy j Is i negotiated, it will never get far-j ther -nan the Inside of the senate. The present sentiment In that body Is such that not 10 per cent of the republicans and none of the democrats would vote for a treaty that ln any way affects the rights of the municipality or state to manage Its own school system. Viscount Aokl, the Japane'e ambassador, today called at the State department and had a half-hour talk with Secretary Root. BeyonJ admitting that he discussed with the secretary the subject of the admission of Japanese to the public schools of Cali fornia he would say nothing. to success the greatest event In the annual i , . -- j . Minnniit!i NtirvAVors nnd I'.nfflneprs so- 1 i r ..... . v. . . .... .... - , iikmiug uuminiiiee me wesi ciety; orest Maintenance as a acior in gented by Mayor Beardsley of Kansas the Drainage Question," Georgo C. Clothier, . city, W. F. Saunders of St. Louis and United States forest service, j Representative Martin ii. Madden of Chl- C. G. Elliott, .Washington, D. C. of tho I ,-airo EXPLOSION IN SHOE FACTORY Twelve Persons Injured and Moeli Property Destroyed In Acci dent In Massachusetts. LTNN, Mass . Dec. 8. The boilers of the P. J. Harney Shoe Manufacturing company of this city blew up today and twelve men were injured, all of whom will recover. The explosion, besides shattering the big four-story factory of the Harney com pany, wrecked several buildings near by In the crowdej manufacturing districts. Fires immediately broke out. A heavy south east gal6 was blowing, driving tho flames with Incredible rapidity, until within a brief space the flames were far beyond the control of the local fire department and help was called from Boston. In an hour's time two blocks In the West Lynn district had been burned over. i ! The firms whose property was bnrned or wrecked by the explosion were the fol lowing: The II. P.. Harney Shoe company. Tufts it. Friedman Shoe company, H. P. Hood creamery, Boston A Maine West Lynn rallroad station, Jacobs leather Stock company, M. J. Worthley Shoe com pany and twelve dwellings. " By 9 o'clock the fire was under control In the district In the vicinity of Alley and West streets. The financial loss will bo about H&Q.OOO. It to so successful an Issue In responding on behalf of the board of governors, O. W. Wattles sounded a note of warning to the merchants and business men of the city. He said: "The. members of the board of governors have decided that unless the business men. the railroads and others will pledge their support to the great annual festival In Omaha, they will have to say, net wil lingly, but sorrowfully, thnt the Knights of Ak-Sar-Ben hnve served their purpose. There are houses and business men In this city who are like sponges. They absorb benefits and refuse to contribute anything in return. In past years It has been neces sary for the members of the board of gov ernors to go about soliciting among the business men for funds to carry out this great annual festival. And not always have they met with ready responses. "Omaha needs a little more enterprise, a little more enthusiasm In these matters. I Department of Agriculture, told of drain' age Investigations by the department. John Abercroinblo of St. Paul of thu Minnesota Engineering and Drainage asso ciation, advocated the nationalization of dralnagrt and assessrhent of benefits from the bottom to the water shed. Lewis Ashbaugh of Iowa spoke ln part as follows: When the resolutions committee met and organised, selecting Mr. Teal chairman and Mr. McVann secretary. It was found thero were so many projects and other plans to be considered that It was deemed wise to appoint subcommittees to formulate the resolutions. This subcommittee was fur ther divided Into another subcommittee, whose members talked all day. This sub NEBRASKA WEATHER FORECAST Warmer Friday Probably Snow In West Portion. Saturday Snow or Rain and Warmer. Temperature at Omaha esterdayi Ilonr. Den. Hour. De. ft a. m 24 1 p. tn 14 n. m 23 3 p. m in T a. m 21 a p. tn 1 N n. m lt 4 p. m 13 n n. tn 1H n p. m 14 to n. m 1st A p. m 1 It a. m IT T p. m 12 12 m 10 H p. tn It O p. m 1 TORREY MISSION MEETINGS. 1 2 :lr, to 12ino. Bnrwood Tlienter. Hr. Torrey "Did Jesns Christ Itcnlly Hlse from the Deadt" 12it."t to 1KM, Y. W. C. A. Miss Parker. 3iO. Andltnrlnm. Dr. Torrey "The Work of the Holy Spirit." TiOO, v. w, C. A. Mr. Jacoby "Personal Work." TiSO, Auditorium. Dr. Torre "Rod's niorkade of the Itoad to Hell." Sunday Afternoon, Women. Eve ning;, Men. GREAT LOSS OF PROPERTY Practically Kvery Building: In Clifton, Arlaona, Is Damasred by the Flood. SOLOMONVILLE, Aril., Dec. 6. Late details of the Clifton flood disaster Indicate a most deplorable condition among the In habitants and tremendous loss of property. Practically every building In the town Is damaged. Many were swept entirely away. P0L0GY TO COURT AtUrney Connell Eetracti Itsinnation of Entton'i Aiding- the Froieontion. JUDGE PROMISES JAIL IF HE DOES NOT Conniel for Coal lxchange Intimate Conrt ii Again t the teietiie. COURT STOPS TRIAL FOR RETRACTION Peniei Anj Feelinc in Case Eicept to Eee it Tairly Trei SMALL DEALER TILLS OF BEING BARRED After Failure to Obtain Membership la Combine He Conld Only Get Coal by Wnon-Load. We hve another type of country which committee will report to the larger corn needs drainage along the Missouri river. ; ,ii., j . From the bluffs to the east largo quantities mlttee tonight and tomorrow th; resolu of water are drained rapidly down to the ; Hons will be reported to the full commlt rlver bottoms-, hinds exceedingly rich In i tee. their tenuity, dui suojocl io irequent over flow. Fifty Million for Rivers. While the committee on resolutions has A drainage problem Is also found along been "constructed to 'movent the overflow i yet t0 on he f th subcommlt- frum flooding the lands on either side. By I toes, It seems safe to say resolutions will the construction of such levees lands are confine themselves strictly to the basic often flooded by water thrown down from rm,., .... ., . ... the bluff, and for which there is no outlet purp08es of the convention and will pro to the river, the pipe outlets being too , nounce strongly for the adoption by con small and often closed during a rise in the gress of an annual appropriation of D0,- The Incident In the trial or 8. E. Howell, president of the Coal exchange, Thursday morning came shortly after court convened, when Judge Sutton excused the Jury from the room and told Attorney W. J. Connell. for the defense, he would send him to Jail for contempt of court unless he retracted and apologised for remarks he had made, in which he accused the court of trying to , assist in the prosecution of his client. Mr. Connell admitted his language was Im proper, retracted It and made an apology, which was accepted by the court. Judge Sutton then lectured the attorneys for their actions before the Jury and Insisted during numerous escapes irom oeain are r- , the remttnder of the trUli ,hpy e more ported. Two men were swept through the ; dworoull A the attornf yB promised to streets and saved themselves by catching . . , (h n,i tha IllUPVI ,D . t " VJ ..,,.-,......... w. ' ' - " . Jury was called ln again and the hearing resumed. After this Incident the awn'.ngs of a store and breaking I through the plate glass front. Patients An the hospital were placed In a car and sent to higher ground before the flood reached the building. Monday night In Clifton was a night of terror, as practically the entire population stood upon the hills unsheltered. It Is believed that many persons ln the Mexican comparative peace reigned for the remainder of the morning session and the attorneys lost much ot their belligerency. Members Distrust Rack Other. The principal evidence for the stats brought out during the session came from Mr. Ashbaugh went deeply into the cost uu-. ... r iwnua i.u of dramal,e and the beneflu to the health me Dunaings witnout any decoration ana whm proper dralna4f8 u put lnto operation. 1 1 hi ieupie wunoui cneer. we neea a ill- tie more enthusiasm for this event." UNION PACIFIC t UNDER FIRE Mr. Wattles referred to the great growth Interstate of the city In the last few years, dwelling especially on the establishment of liio grain exchange, which has made Omaha the fifth grain market In the United States and second in corn, and has brought lo the farmers of the stato 2 cents mora a Csantreo, Commission Will Investigate Its Relations with Southern PnclAe. WASHINGTON, Dec. . The preliminary steps Incidental to the Investigation of bUBhel for their grain. He pointed to relations of certain roads forming part Wyoming, the great state which Is lust of what Is known as the Harrlman system opening ani which Is richer than Okla- were taken by the Interstate Commerce boma and Texas, the st.tes that have dons commission todax; Attorneys have, . been so rruch to enrich Kansas City. He won- retained and arrangements made for be- dered whether Omaha would be blind to ginning tha hearings Utter ln the month, the great ' opportunity ere here for a the exact dates for which have, not been market which would make of this city a settled. ' Chairman Knapp estimates that joDoing center ot large proportions. it will take at least sixty days to com- e also rererrea to tne congress now In piete the investigation. swwion in wasningxon to which delegates The following statement was given by the nave oeen sent irom Omaha to urge ap- commission BONI DE CASTELLANE SNUBBED Members ( Chamber of Deputies Leave the House When He Speaks. PARIS, Dec. 6. A remarlenbie scene fol- prof.riatlons for making the Missouri river navigable. He declared that this was a most Important work for the city. Representatives of several firms were on their feet the moment Mr. Wattles sat 000,000 for rivers .and harbors. Bpeclflc pro jects were completely shut off during the general discussion of the full committee and suggestions as to how congress should get the money were frowned down. It Is understood that the resolution will be brief, tho brevity Insuring consideration. Tho most litpresslvo delegation In the convention today, both in point of num bers and ln the character of the men com posing It, came from Kansas City. Nearly fifty men came on two special Pullmans, representing every organised commercial body in the city at the mouth of the Kaw. , Mr. McVann, who is looked upon as one of the strong men of the convention, In speaking of the makeup of the congress, said; "I was tremendously Impressed to day, first by the great number of persons In attendance; second, by their influential character; .third, by the deep-seated senti ment shown that something should be done for rivers and harbors, and fourth, by the splendid speeches of Speaker Cannon and Chairman Burton. Such a convention as ( quarter, of whom no one has any record. I form 8ecretary Wills, who testified the were drowned. The damage will .run Into the hundreds of thousands of dollars. The town may never be rebuilt. The Interstate Commerce commission has j now in, session cannot help but be a power tor tne upouuaing or the waterways of the United States and making them forces for transportation." Klnkald Argues for Veterans. Congressman Klnkald, at the suggestion of Commissioner Richards, appeared before Assistant Commissioner Pollock today ln opposition to the order of the commissioner today ordtred an Investigation of the re lations between the Union Paclllc and Southern Pacific systems growing out V their common management and control. Messrs. Frank 14. Kellogg and C. A. Sev- down, giving notice that they would double erance of St. Paul have been retained to or treble their subscriptions to the AV.a.p. take cnarge of the investigation, which will t . . extend from New York to Han Francisco. it. w amiwuncea mat a meet- A conference was held today between the Ing will be held soon where opportunity I commission and counsel, at which the sren- WIll Ka b4.a ll m . 1 . . . . i uru I 1 1 1 , 1 ,i' I lun, fnllv , n a i a ,1 Kit 1 1,. ' "Commerce" was the subtert nn whiv. dates for hearings and details have not prohibiting soldier entrymen from proving a w ... ---- "-" been aeterminea SCHULTZ AND KELLEY TESTIFY Shea Declared He Conld Pnt Nonunion Men Out of Rusluesa with Fifty Volunteers. CHICAGO, Dec. 6. Only two witnesses were on the stand today ln the trial of C. P. Shea of the Teamsters' union, charged with conspiracy. The first was Joseph Schulti, who testified yesterday and was called today for cross-examination. The second was William Kelley, formerly an officer of the Coal Teamsters' union. Sohults denied that he had been Induced to plead guilty and said he expected to go to prison. Kelley gave evidence regarding acts of violence committed during the strike of which he had personal knowledge. He declared Shi-a bad made the statement that with fifty volunteers he would put the non union men out of business. ct nrnntlea today by M. Jaurce. the social- rent among senators mi ine pres.aem ,gt leadBP. Count Bonl de Castellane unex felt It would be a matter of courtesy If ppctiy a,Cended the tribunal, whereupon the resolution should be addressed to him- . )lf tn. d,putle. abruptly left the house, self, and so strong was this feeling. It la Count nowever wa, not greatly dls- lald. en nis pan. u was munun-u m .-., Wearing a red necktie and a lowed the Interpellation of -the government th"r states and freight on the finished on the Moroccan question ln the Chamber ! Puct back to this city and had long enougn oeen losing the employment that should come to Its people in factories. Jefferis spoke. He declared that Omaha should become a manufacturing REPORTS ON CATTLE DISEASE , llau lung cnuugn oeen pay ing freight on raw material to mills of unless this course be n response. taken there would PROCEEDINGS OF TUB HOl'SR Mr. Llttleleld'a Pilotage Bill Defeated by Decisive Vote. WASHINGTON, Dec. 1 Th house, by a vote of 110 to 164, today defeated the bill of Representative Llttlefleld of Maine, re moving discrimination, against American Bulling vessels In the coasting trade. The debate raged for four hours and a half, ul ths result of ths vote was a surprise to the friends of the measure, who openly charged Its defeat to the American Fed tratton of Labor. The delegation from California, as well as representatives from thr western states, saw In the bill an opportunity to file a protest against re srlctlng th rights of states to deal with tha pilotage question at first hand and they availed themselves of ths opportunity to go on record. ( Mr. Utilefield stated that the measure sought to create a free pilotage system from Old Point Comfort to the Rio Grande, such ss exists from Old Point Comfort to East port. Me. He remarked that a per nlctous system had grown up In Mississippi ports wherein discrimination was made sgulnst Maine coastwise vessels and In favor of vessels from other ports. This lavender-colored waistcoat and with his hands In his pockets, he addressed the chanVber after M. Jaures, airily arguing that Franc was continuing the policy of ex-Foreign Minister Delcasse, who aimed at the conquest of Morocco. After Count Bonl de Castellane, M. Her bet. reporter of the Algeclras conference, and M. Plchon, the foreign minister, had spoken, the chamber passed a vote of con fidence In the ministry, 457 ayes to 56 nays. The Algeclras convention was then rati fied by the unanimous vote of the cham ber. Methods Csed In Combatting; Ticks ' and Texas Fever Told In Tennessee. The conversion of bristles Into brushes, NASHVILLE, Tenn.. Dec. . At today's hides Into leather and shoes and wheat Into session of a convention which began here flour, he said, were a few nf th hin vesterduv for the nurixise of rfvllnr that should be Omaha's. means of eradicating cattle ticks and the prevention of Texas fever In the south, a report was made by Albert Dean of Kan sas City, who is In charge of all eradica tion work In the bureau In states west of by up until their five years' residence had ac tually taken place. There are many old solders who have entered upon lands cov ered by the Klnkald act who have taken subsequent land, but are estopped from making final proof when the time of their service, added to time of their residence, amounts to five years. Judge Klnkald con tended that these soldiers should be al lowed their patents when the time of serv ice and time of residence should amount to five years, whether they lived upon their old entry or upon their contiguous entry. Commissioner Richards, under an order to the local land officers, has issued an order that any soldier entryman who livid upon his actual entry shall have credit for the time of his service In which to make fln.U proof, but his order does not go to the ex SMALL BILLS ARE SCARCE Secretary Shave laya Government Is Unable to Meet Demand t Present. WASHINGTON, Dec. 6. The secretary of the treasury Issued the following open letter to all banking Institutions of tha United States: Bnalness Man In Politics. William J. Bryan did not confine him self closely to his subject, "The American Abroad." He declared that ha want! t,-. eee more business men ln politics and i th Mississippi river. made a strong appeal for the ih.oi.. supplementary report was onerea am ,.) r.i.nn n m .... .. Dr. W. F. Parker of Texas, ul,reloyqle . 1 tent that n. aoldler entrvman ilvino. ...w . government. He said In Dart- lno reports urougrn out tne . oinerent i . . - ! . rolillullollM n rv liu I ha i. a t a .i m A id.hf v"One thing which I noticed In ri. metnoas usea, paying especial artfnnon to I was that the business men put a limit to ' PP " V" mixtures used as their accumulations, and after tht-v hu. alPs lo ,ne ,,CK. " wen us burning of a certain amount of money they enter poll- PaEtue ail1 other methods of disinfecting uca ana aevote tnemselves to their coun- m,m- try and to paying that debt which evorv UT- Pr cunice or jynenburg, Va., citizen owes to society. Jn America the dl,cuaBei1 lhe question of co-operation be- chaae of the almighty dollar la too long lween lno various states in cleaning pas- lutei euuuB bibio lines, reporting on tne troubles ln Polk county, Tennessee, and ad Jaceat counties in North Carolina and Georgia. continued, too selfish it nas Deen said or me that I take Int...., 1n ..,-(... . v . t"-T7' uuBiiirflB men. t nave seen the time when It seemed to me the bus! ness men too no interest In me. Rut It is getting to the place where. If you are FATAL against me. you must be against Roose velt, too." Mr. Bryan spoke In warm approval of tne income lax ana in commendation of and it was for the purpose of clearlsg up this matter that Judge Klnkald aip artd before the assistant commissioner today. The member from the Sixth Nebraska feels encouraged over the argument made today, but should the assistant commis sioner hold against him he proposes to take I an appeal to the secretary of the interior, and then, if he cannot get any redress, he will Introduce a special bill In congress to right what he considers both a hardship and an Injustice to the old soldier. IRVINE CASE SET FOR JUNE Intimation that Young; Woman Will Pay Fine When Called Into Conrt. SHERIDAN, Wyo., Dec. . (Special Tel egram.! Rumor has it that the presene here of Rev. Dr. Rafter of Cheyenne, Sen ator J. H. Williams of Douglas and Nat Banker of Lush Is responsible for the re quest for a continuance of the Irvine case, made and granted this afternoon. These men spent Wednesday In Sheridan calling upon many interested parties connected with the case. The case has bern continued to the June term, at which time It is thought Miss Irvine will enter a plea of guilty and will pay a fine. members of the exchange were watching each other to And violations of the rule regarding soliciting and the cutting of prices. He said if coal dealers found such violations they were supposed to notify him. Andrew Jensen, a nonmernber of th exchange, testified he was not allowed to Join the exchange because he did not hav any trackage. After his application was rejected he could not get coal In carload lots, as he had been getting It, until aoms time this year, James I. Kemp. 2&12 Leavenworth street, on whom County Attorney Slabaugh was depending for Important testimony relating to the fixing of prices by the exchange, did not make good when he went on the stand. His memory failed him at certain points In the examination and at other times he de clared he sold coal at his own price not withstanding ths price named on the Coal exchange's list. The principal point In his evidence which was favorable to the stats was that the Coal exchange . discussed prices before the list was made up. Court Conveueu , Earlier. . Court convened promptly at o'clock, half an hour earlier than usual. Former Secretary Wills was recalled to th stand. He said If any price cards were Issued after April 23, 19to, they were issued by direction of the exchange ot which the de fendant was president. "Do you know whether dealers wars watching each other as to whether taay were violating the rules regarding soliciting or cutting of prices?" "Yes, they naturally would." "Do you know whether there were any parties who were asked to notify you of any member of the exchange as to solicit ing or cutting of prices?" "It the coal dealers found anybody was cutting prices they would notify me." County Attorney Blabaugh tried to Intro duce price curds dated before April 23, 1Sju, but they were ruled out by the court. Mr. Connell accused the county attorney of trying to get improper matter before the Jury. At the close of the direct examina tion Mr. Connell had the witness examine and Identify the first twelve pages of th minute book which related to the meetings of the exchange Just before the adoption of the new constitution. In these pages It Is recorded the committee from the exchange consulted counsel, Richard L. Metcalfe of the World-Herald and County Attorney English as to changes in the constitution. GILLETTE CASE CONTINUED Motion for Nest Trial to Be Made - Before Sentence Is Passed. HERKIMER, N. Y., Dec. . Chester E. uilietie was not r.eurU ..may. ai me County Attorney Blabaugh at first ob appolnted hour he was taken into court, but Jectud He 8ald ,he ml4ttel. WH, ot mm. nis counsel i.au n u.u.u.B to prepare in terU, and the mnute. referred to the csll- i Ing of certain persons before the exchange WRECK AT 0NAWA Fires A very marked scarcity of small bills Is the stand taken by the president for It Mieeablo everywhere and the treasury Is T t .v,. . . . an Field of Northwestern Killed When Coal Car Strikes an Engine. noticeable everywhere and the treasury powerless to relieve. In the absence cf legislation allowing national bunks to Issue a larger proportion ot tneir circulation in denomination of Ji. th banks themselves must be relied upon to alleviate the strain as far as possible. 1 here are ln circuit ... ,.. .v.!.. v ... j, .1.. a i.j ! lion nenrly 1.WU.M in silver certificates " " -" '""'" "J of the denomination -of 110. Ma The ayes were 110; the noes, 1A4. The house at I p. m. adjourned until noon tomorrow, when war claims will be taken U. In speaking of the government regulation or railroad rates, he said: ONAWA. Ia.. Dec. .-(Speolal Telegram.) '.The time has come when the people of Chicago Northwestern train No. , the this country must say to the railroad I raat passenger from Council Bluffs to St. mimi mo just ana equitanie rates. And I ' "u" wmn o. tin? onaw : ror tneir own neeus any coat round on after the people have expressed their will toUo'1 10 0 C,"CK today and Fireman I lands upon on them. The bill will also Bill on Coal Land Question. Following the suggestion contained In the president's message with respect to coal lands, Senator Hansbrough of North Dakota Is preparing a bill, which he will Introduce probably this week, reserving to the government title to all coal lands re maining ln the publio domain, allowing settlement, however, for any purpose and only reserving the right to settlers to use the brief time- at their disposal for a mo tion for a new trial, which they desire to enter ixifore sentence Is passed. The court on this showing postponed proceedings un til next Monday. District Attorney Ward made no objec tion. "But I want It understood," he added, "there will not be another postponement." KANSAS GRAIN LAW VOID Special Master Rules that Statute Providing; for Weighing; and Inspection Is Invalid. lit should be out of the power of the rail-1 N- M- ' Sioux City was killed nnd j rtnn.lnlean Insnrorents Killed. WASHINGTON, De. .-8enor Joubert. th Dominican minister, nas received a dispatch from hi government stating that a party of twelve Insurgent leaders who hsd gathered at Puerta Flsta and who wr on their way to La Blga. were st tackeJ by the government's forces. Berico Ia Sails was killed and th bslanc of th party .arested. any of these Hnn),il.u rutfkfM Rwav In lhA vmilt. of verious banking Institutions and held I roads to appeal to any small body of men. I Engineer Sullivan badly Injured, but It Is moment ne win recover. Field was buried under the engine, No. Hi, and his body cannot be recovered until the wrecking train arrives. A coal car, its reserve, rrrnui ma ir.Luuni , asic wno const tuie a court n ,,,. v. . i,, that each Institution, state and national.!.. th. nMnl, .... ... . ,. wroh the money In Its vaults and send I . ne PPle sla- We should have j these $10 sliver certificates to the treasury, a law, as they have In England, where ; They will promptly be converted into ones J Parliament says what rates the railroads ! emmtry It U the only remedy. Let no i ' ch.'.. and there Is no appeal frot. I bank complain of conditions until it has the Parliament's decision. literally searcnea us own vnuus ana -on- , '1 see with satisfaction the efforts trlbuted as far a postb!e to the relief of , , , . . ' n th situation. contain a clause authorizing the govern ment to develop the coal properties by leasing them, or allowing them to be worked under a royalty system. In other words. It Is the purpose of the senator to amend the homestead law. no Elaatle Currency" Hearlnca. WASHINGTON. Dec, . The house com mittee on banking snd currency decided today that It will hold hearings on elastic currency, beginning Dncember 11. Secre tary Shaw, the comptroller of th cur rency, representative of th American Bankers' sssoclatlon and other persona In-ti-rested In proposed changes In the cur rency will be heard. SHIPPING BILL CHANGE Grosvenor Would Deny Snhsldy All bat PaelSe and South, rn Ships, ing maae to render the Missouri river navlgible. This should b? done purelv which was being drawn up the high coal as not to returd settlement and at the same chute, owing to the failure of a clutch time to reserve to the government tin. . to work, got beyond control and ran down the ooal deposits upon the public Uo- the track Just In tlrpe to catch the engine. I main. He, tn common with many other which was moving into the station from senators. Is ln receipt of letters from dlf Amending Meat Law. WASHINGTON. Dec. .-Senator Bevsr hlge Introduced a bill today to amend the meat Inspection act by requiring that tho cost of Inspection shall be paid by the ourker. Another amendment r"iu!res that the date of J-isvctlon and lacking or cin al.aU b plav4 ua auli uackiia. compel the railroads to lower rates because (o or tne competition or nver transportation That would not be a sound principle, for. even If you did compel the railroads in i this wsy to lower thlr rates, they could not make them as low If part of their WASHINGTON, Dec. C A modification . business were taken from them and dl of the Oalllnger ship subsidy bill was sug- , verted to it earn bos ts. Ths river should gested by Chairman Grosvenor at today's be made navigable because watr trans meeting of th house commute cn mer- portstlon Is always cheaper than rail trans- chant marine snd fisheries. He expressed portstlon. Tou don't need to go to these a willingness to strike out subsidies for extremities to compel ths railroads to lower Transatlantic and African steamship lines, their rates. Congress can do that.' thus confining the government aid to orlea-. Mr. Bryan mentioned ss an ! tal and South American lines. j unjust railroad rates that the freight on No vote was taken, but Mr. Grosvenor some goods which he brought from Japan will prejxire a reviseu Un tor tne con-M- was $57 from Yokohama. Japan, to Omaha eratlon of th committee, in us changed and tTt from Omaha to IJneoln. form th Oalllnger Dill, wnun already lias Judg E. P. Holmes of Lincoln, speaklnv passed tne senate, win conform to tne snip 0n "The Relation of the Railroads to th subsidy revommendatl.-.n made by Sucre- . i uur Root ln Ula ILaueas City speech. j (Cunltuued s Sucund l ga.J from the economic standpoint and not to I ,he 'Jth The engine, a large-nixed main , ferent parts of the west, setting forth line type, was thrown Into- the ditch ant turned turtle. No passengers were Injured. The front trucks of the first car only were hrown from the track. TOBACCO BUYERS THREATENED Two Firms at Marlon, Kr, Ordered Not to Bay Any More of the Weed. MARION. Ky., Dee. (.Considerable ex citement has been caused here by the re ceipt by owners of the two largest tobacco concerns In this city, letters warning them not to buy any mor tobacco. The I etters were signed "D. T. P.. or Night Riders," and stated that If ths men to whom they wer addressed t.i not hed the warning their places of biuiuus would b de- invjd by tire, that the withdrawal of large areas of land supposed to contain coal Is working an Injury to settlement. Deverldae Comes to Nebraska. Senator Beveridge of Indiana has sur rendered to the urgent appeals and will address the Nebraska State Teachers' as sociation at Its annual convention at Lin coln during ths Christmas holidays. Nebraska Servers Complete. Judge Klnkald Is advised by the general land office that the survey of the south half of Rock and Brown counties, Ne braska, as provided for by sn act passed at the last session of congress, has been to give advice they did not follow. Afyer considerable argument It was agreed the whole book should go Into the evidence, In cluding the parts Mr. Connell had objected to the day before. Connell and Conrt Clash. Mr. Connell started to read the minutes and It was at this point the clash between him and Judge Sutton occurred. He was reading the record of ths minutes which related Mr. Metcalfe and Mr. English wore present at a meeting of ths committee, when the court stopped him and told him It was Improper evidence and h could not let It go before the Jury, as It did not - . ,. . . . it ,UA . 1 1 1 ,r. r. t .11 Ihra. r.a -.,.. V, A KANSAS CITY, Dec. ft-The Kansas ' ' . T ' , .w .1. V . , ' .... , i consented It did not affect the ce. Mr. grain Inspection and wrlfrhlng law was ; u today declared void by Judge 8. R. Peters, i special master appointed by Judge Pollack . urJj . , kn(JW but th, col)rt na- of the United States circuit court. Judge , tQ wlUldraw any ot ,t that m Peters recommends that a decree be Issued . com teIlt, ,nd that on , face may preju enjolnlsg John Radford, chief grain In- 1 dtcfc the Jury. if. Mr. Metcalfe of the spector of Kansas, and his assistants from World.Heraia and Victor Hose water of lhe weighing any grain In or out of elevators ' le0 and 10 manager of the News should ln Kansas City, Kn. The case hns been;.,, tuKether and authorlxe a man to argued four times In the last two years, j cmmlt a murder-r- - 1 Mr. Connell: I object and except to th KENNEDY NAMES E. L. HOWE TT'kAot, T Trt'.ond. Vr,'"? "Tk the evidence that lias already been ad mitted by consent by counsel for the stole and by counsel f ' r ths defendant, and wnlcii is before this court and Jury, and wiilrlt has been received by your honor; and I in hiit. your honor, that If there Is any.:ung Former Treasurer of South Omalis Recommended by Congressman aa Postmaster. (From a Staff Correspondent.) WASHINGTON. Dec. . (Special Tele- . to your honor s contending that that can bo gram.) Congressman Kennedy today rec- ', controlled and corrected by the insuue ommer.ded the appointment of Edward I tljns, that the evidence Is in before tills Howe for postmaster at South Omaha, Mr. ' Jury with the right to read these recoid Howe was twice city treasurer of South j DV reason of the fact that It Is admitted Omaha and was strongly endorsed. I evUWnce. snd we except to the remark of I the court as prejudicial; and, further, your TuiniTV vrsre rna nnnocD h("lor' ln Kooa fa"h an1 lnc'rlty' I TWENTY YEARS FOR nOBBtn dslre to except, your honor, to your honjr. as a Judge on the bench, coming to tli assistance or relief Will Not Permit This. Jndg Sutton-Stop right now. I will not permit tills, Mr. Connell. Mr. Coi.nel! I object and except to th First Holdup Man Convicted In Pitta burs Is Given I-ous; Sentence. piTTent'tin Pa . Dec. (L James O'Mal completed. The first boundary monuments ' ley was convicted today of holding up t,l"u' ' .v. rfi.i , Kot k. ..v. ! m h..r. p..,-. ntlv and sentenced to twenty I J'"1se Button-Y alt a moment U I L W . I ,11V V - i - . v. . . ..u-. uvv,'ii,v UU' ' - - llterated and much confualon resulted to setllM-s. The survey, which was conducted (.Continued cn Bscond Pag. Now, Mr. year In the penitentiary. O'Malley's con- j t onneii. i si.an scu tne jury a moment, vktlon Is the first made ln connection with j Mr. Railiff. will you take th Jury out of tha arrests made dUIln til recent CD1- mv ruum dvinlo at crime. Th Jury retired frum tu rvuui asvl