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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 11, 1906)
The Omaha Daily Bee VOL. XXXVI NO. 151. OMAHA, TUESDAY MORNING, DECEMBER 11, IMG-TEN PAGES. SINGLE COPY THREE CENTS. i f '.V 1 It CRISIS 1N FRANCE Jf PP,' otb t rroToV Conflict Camel CfiioiiU Great Uneasiness 1UST ACT AT ONCE OR BACK DOWN Order Entaila Immediate Initiation of fioMcntloni in 3.000 Communes. JOY AMONG THE MILITANT CATHOLICS Proapeot of Violence Seemingly Hailed with Delight by Many Churchmen. SOCIALIST LEADER ON CONDITIONS Janres Sara Vatlcaa Seems to Have Decided to Teat the Strength of the Party of He action. FARI8, Deo. 10. The press today unanimously recognizes lh extienie grav ity of the religious issue precipitated toe pope' Intra nsigeaut attitude, and papers predict a veniaule religious ' V fare. The govi-i rui .un: s calculations ha. i ,, t loffialntivri . ' authority may be i.cc.ujry to enable It to cope with the situation, it having been decided that attur tomouow religious serv ices may not be held without a preliminary declaration under the law of lssl, the pope's orders entail the Immediate Initia tion of prosecutions In 3,000 communes and, logically, the Invasion of churches by the police for the purpose of pronouncing their dissolution and expellng the parish priests. The militant Catholics seemingly hall with Joy the prospect of violence, which will compel the closing of the churches, with the attendant excitement of religious pas sions. Test of Strength. M. Juares, the socialist leader, professes to believe that the Vatican has deliberately determined to test the strength of the party of reaction In an effort to overthrow the republic. The socialist organs gener ally, however, regard the pope's Instruc tions as being the result of the govern ment's weakness In offering any concession beyond the formation of the cultural as sociations contemplated under the law of 1906, and declare the government now has no alternative except to Insist on the re quired declarations being made or show the ecclesiastics the door. The conserva tive papers advise the government to re main true to Its liberal principles, con tending that the more the thurch Is In tolerant and panlcstricken the more author ity it will need, provided the government does not lose Its head. The government j has made preparations to cope with the situation, but Is keeping them secret, evi dently waiting to see whether any consid erable proportion of the clergy will revolt. The cabinet, however, maintains a reso lute front. y . "Political Enterprise." Instructions to the public- prosecutors were, telegraphed .broadcast today. Premlof Clemenceau is quoted' as saying: 'If the church elects to have war It will have it: but the world will bear wit ness that the Vatican is like a foreign power trying to dispute the authority of the Freeh government." M. Briand, minister of public worship, says he thinks the pope yielded to the im portunities of the ultramontalnes, who are ever possessed with "the mad idea that out of disorder and civil war they will emerge triumphant. The government now does not face, a revolt of the consciences of French Cuthollcs, but a , purely -political enter prise." Cardinal Richard, archbishop of Paris, announced today that he would leave his ei oh slnstlcal residence December 12 and that the clergy here were preparing to leave their presbyteries, etc., upon demand, add ing that If they are driven from the churches they will organize private religi ous services. Cardinal Richard says it Is impossible for the pope to place religious services on the plane of public meetings. Farther Complications Today. The situation is likely to be further com plicated tomorrow by the debate in Parlia ment, when explanations of the govern ment's Intentions will be demanded. M. Meutiler, radical republican. Intro duced a bill in the Chamber of Deputies toduy providing that all buildings, presby teries, etc., occupied by ecclesiastics shall definitely escheat to the state, the depart ments and the communes upon the enact ment of the law, The Journal dea Debats tonight says that If the government has recourse to violent measures it will fall into a trap and be I forced to close the churches. Reason for Vatican's Chang:. BOMX Deo. 10. The Osservatore Romano today published an article, inspired by the Vatican authorities, enumerating the reasons for the sudden change ln the atti tude of the Vatican in regard to the en forcement of tbe law providing for the separation of church and state ln France and criticising all the provisions In Minister of Publlo Worship Brland's circular. The paper adds that the minister desired by insisting on the application of the law 1SX1. to tie a h A to HV t ll I h Cu I h I . I i i- thai. th. Vatican had Indirectly accepted cnurcn ana state separation law. i us iwwvrvmore tcomtno the question ln which the are placed by the minister' tolerably and says that the lung of ths twentieth century the French government's unscrupulous arbitrariness plays with the law and with rights." "In fact," the paper continues, "tho circular Is based on the clearest contempt ot the very law U. Briand says he wishes to apply. The circular says the churches may be retained by the clergy for a year but the presbyteries and other buildings usi "ym me clergy ir they do not rent them. The cabinet has woven WORX PROCEEDS AT LEAD Ko Evidence f Any Tremble ICvtdeaee at Any Tremble Vines and Strike Is Remote. f Inis. Uietead of remaining the property of 1 w"' ? PV? "ll,Kie l8'-"-u- ' ersl of the reservations in the northwest , the clergy for a year, are now left to the The dc"uoaiu TwiTl be made a. follow.. I have been carried on under reflation, so- I mayors, who must rent them. The article ' NliNortnd" New' Ttl".ti""c'n s.nr "r'T VJl'nVnZ Tr'r? ' 1. entitled "Masked Persecution," and says ; ' i 7Z "'of Indian resvatlo";."- aid n lot- ; that M. Brland's circular will remain a : Louisville Allania S Me nohls H.Ti ,n the BM ,M'r,lons ha h'" ! memorable document In the history of Lob Atlanta Memphis, tjc) . OUK,v prosecuted during the year with very modern Trance "showing how at the b'gin- gr.tlfylng remits. U" , If'e-tn )' hardly anything to wear. The recent cold cAviT suits have been ItmltVi.ed T in ea' An"; i ductd at the next session of Parliament. -WorK was resumed In the mints this ipell caused great suffering amoug the tlon wlih Ira h. sures embracing a total acre- ' The decision of the government places the morning after the usual 8uBday lay off. women and children. While the military " V"1 i'1' an'L'2r,'"',"s nave h- i resix.nsibllity c-t killing the bill on the There ha. been no disorder and aU de- tssuea rations and sugc-ou. a, the poet iHng thl iisi fts?al'Tr "at. nt. were I Houae of Lord,. Minister of Education partments of the lloiwiestake are running furnish medicines, there is no fund tu Issued and delivered to 4,iVJ7 Indians to Hirrlll outlined in the House of Commons with full force. Ttwflft setms to be no draw from for clothing and tents, cons,- wt-.oni allotments Imd hen made, and J.m; tl e concesions the government was ti'e poesiblllty of a strike now aiid UouUe U tjuently the general public has Uk.n up , fc"""' 'r 1'ProveJ. bJ Jhe J' tJ"rt- parf.d to make, but they re toe. lluuWlo as leutoie evej, the matter to aid iheui , ' (.CyuUnued ou Second I'-vga.) ' ,rf,in a basis of comprumU . GROWTH OF RURAL ROUTES Fourth Assistant Postmaster General Tells of Work of Sew De livery System. WASHINGTON, Dec. 10-In the report of V. P. DeO-raw, fourth assistant postmas ter general, he says: In the fiscal year ended June 80, 1906, the tenth year In which rural delivery has been In operation, there has been material decrease In the demand for the service. The climax In the development of 'he rural delivery of mall was reached In the fiscal year 1004. when the service was In stalled on 9.447 routes. At that tlftio the average number of petitions filed per mnnin was uu. jius average was iiwiii tnlned during the lineal, year 1 905, but during the past fiscal year the number of petitions filed was 4,87, a monthlv aver age of 390. Of this number, 3,720 were accepted for Investigation. The growth of the rural service (Turing the ten years of Us existence Is shown by the following table: jixpenai tures. $14. MO 60,241 150.012 420,433 1,760,321 4.0811,041 H. 051,599 1 2,645.275 20.S64.S1K5 24,7Si.26 rural dellverv was In oneratlon on 35.766 routes. On 233 of these routes service Is , rformed triweekly. On nearly all of the cinder the service is dally, as It Is ',,'. ry to the policy of the department V-i'sh rural delivery with service f- ', -lent than once a day. During the. ?0 ' "32 new routes were estab lishes. routes were discontinued, the nee Aj. for the year In the num ber of " operation being 8.656. The decren. tie number of routes es tablished Is -. to the falling off In the demand for the service. The number of petitions pending June 30. 1906, was 3,099. Since that date 419 petitions have been accepted and 752 routes established or ordered established ' here are on hand awaiting action 825 petition.) favorably reported, making the net number of peti tions pending October 1, 1906, 1,968. ACREAGE OF WINTER WHEAT Seeded Area Is 31.4WM.OOO Acres, an Increase of 1.1 Per Cent. WASHINGTON. Dee. 10. The crop re porting board of the bureau of statistics of the Department of Agriculture finds from the reports of the correspondents and agents of the burueau, tn conjunction with Information derived from other sources, that the estimate made last December of the area sown to winter wheat In 19K5 should have Indicated 31,312,000 acres, In stead of 31.341,000 acres; also that last De cember's estimate of the area sown to winter rye in llXft should have Indicated 2,100,000 acres. Instead of 1,128,000 acres. The corrected figures are used as bases In computing the area sown In each crop this fall The newly seeded area of winter wheat la estimated as being 1.1 per cent greater than the area sown In the fall of 1905, equivalent to an Increase of 353,000 acres and a total acreage of 31,663,000. The condl- tlon of winter wheat on December 1 was 94.1, as-compared with 94.1 on December 1, 1905; 82.9 at the corresponding date In 1904 and a nine-year average of 92.9. The following table shows for each of the principal states the percentage of acreage sown to winter wheat this fall, the average condition on December 1 and the mean of the December averages for nine years: - Percent- CJondl- Nine age of tion lie- Year Acreage, cember 1, Ave. Kansas 104 9R 93 91 94 94 94 89 94 95 Indiana 117 Missouri 1 Nebraska lt Illinois 115 Ohio Ki3 California, 95 Pennsylvania 100 Oklahoma 88 Texas If) 95 91 98 94 97 90 98 93 94 Michigan P. The newlr seeded area of winter rve Is estimated as being 1.9 per cent less than the area sown in the fall of 1905, equivalent to a decrease of 3J.OO0 acres and a total acreage of 2,061.000. Tha condition of winter rye on December 1 was 98.1, as compared with 95.4 on December 1, 1906; 90.5 at the corresponding date in 1904 and a nine-year average of 96.8. The final estimates of the total acreage, production and farm values of the princi pal crops for 1906 will be issued on De cember 20. RELIEF FOR MONEY MARKET Secretary Shaw Will Deposit Ten Million In Banks. WASHINGTON. Dee. 10. Secretary Shaw had an Interview today with the bankers' , committee now in session In the city and laler tn the day made the following an- nouncemenf nouncemeni. I have received In the last ten days an i aim lv brira nnmlwp nt lal Far. trtm business men representing all sections of the country complaining ot the extraor dinary high rates of Interest. I have con ferred during the same period by letter or personally with a largo number of bank IngS bank investments Under the laWS Fiscal Appro Year. Carriers. prlatinn. 1897 8.1 $40,000 1898 1 48 60.260 1 899 3:1 150,032 1900 1,276 460.000 1901 4,301 1.760.796 1902 8.466 4,09.075 1903 15.1 10 8. .10. 364 1904 ..24,566 1 2,926.905 1905 32.055 21.116.600 1906 35,666 15,828,300 Approximate. With the close of the fiscal eis ttmaou imuugii mo miuin umi imciuie . tney nave no proumuie worn hi noiiie, anu i mlttee In the campaign of 1904, came up ! a memoer oi ine exenange. and there were I M - west as well as l:i the eat. It seems , to endeavor to earn a living for themselves, v., , , nr)mii. ' j one or more members of said exchance I the rise In the sea from the river Inflow, that New England has sent millions to the , as white men do, in the opim labor market, 1 ure courl " vp louay. wh), , ( cnnBtltutlon d by,awg w ' ,t . -u.ested but without official sane south and the manufacturers of cotton ' has been made a prominent feature of In- ! Grand larceny In the first degree Is the ! ln fnrce, confederating and agreeing to- . fu v c, X n . ? ... , throughout the south have exhausted the . dlan civilization during the last year. An I charge made by District Attorney Jerome I get her to enforce the entire constitution 1 ' Southern I aeinc. will make capacity of ocal banks and are trying to ; employment bureau for the purpose of ! HB-Hlnt Mr Perkins who la a memher of ! and bylaws of the Omaha Coal exchange another attempt to dam the runaway river, borrow elsewhere. There Is no occasion finding Indians who want work and of!"" . t d . ' while he was In the coal business then IMPERIAL Ca Dec 10 -News of the for alarm, but I believe there Is occasion providing work for those who desire It, was ; ,he firm of J- Morgan & Co. It was , ,ou are ,nstructd hal defendant haS , f, ,k e i' a , . iV i for relief. Tills I have decided to grant ln established last year In the southwest, shown before the Armstrong Insurance 'been conducting his business in restraint break In the Colorado river has proved a the following manner: under the care of Charles E. Dagenett, at committee a year ago that Mr. Perkins of trade and In violation of the law of serious blow to the people of the Imperial i. Ji - i'.'L ;. .a . i , , e" Albuquerque, N. M.. snd the results so far ,d monpv out of hl. own ,,,,, and , this slate, and you should find the defen- valley, who have as yet no plans for the posltarles in the cities designated below, have been most encouraging. A similar P10 ,ne moncv nul or nl" own runn ana dant guilty as charged In the Indictment ,.-.' rhor win hi , to be secured by bonds acceptable for sav- , .frrt I. helm made In tha Brth.t was afterward reimbursed, with interest. 1 rrovidlna- vou fnrti.T.r Ho ,L. ..Tfi" future. There will be no Interruption of brlt"'JllhJlii??h& dXSfS 2r" 5 b,e lH"a,e? ""'J' T! In: i insurance company by order of President j her elements set forth In this Instruc "t per cent or tneir aiue, ttese deposits to dlans, 2W) of whom are ot work outside of ,, , . , 'tlon existed and took place in the cltv of of be returned one-half on January a) and, the reservation on. railroads. Irrigation , McCall. U allace MacFarlane of New York, Omaha, county of Douglas state of Ne attiie remainder on teburary 1. I will also ditches and on farms or herding sheep. counsel for District Attorney Jerome, made i braska. thej r0itowlg pVices: "eiiS.d boAds. ex i ii, iiiwaaituai nl i nA f,..n..ai nr it. 7 .. interest, at 10L and coupon bonds at 101 UTE INDIANS TO BE CARED FOR Secretary of War Armas-Ins; to Pro- Tide for Necessities of the Red Men. PIERRE, 6. D.. Dec. 10. (8peclal Tele gram.) Governor El rod, has received a tel- egium from Washington stating that , secretary of war has taken up the case Meade, and will at once take the necessary steps to care for all oi them, relieving state from any necessity of providing them by donations. , la 8TCKGI3. a D.. Dec. 10. (Special Tele gram.) )Mayor Perkins issued a call Ions of old clothes, boots, shoes donations bedding for the destitute I'te Indians near Fort Meade, the majority of whom k.v. considers that 1,1 l"r V" iurciiaea m - flhl. The leasing of allotted and mne. "tnat retains was wnat would gen- parlsh priests ' " w, i"." I "T Z ' ..S""'1!.''11 unellotted lands Is conducted under the , erally be called an accessory before the s circular is In- , dieted will be icceoled tn lieu there .f ?upe,:',:,," " lVJI.LZV S""' , tct to what would generally be called an religious build- Not more than l,(w.jo worth, however, ; to "he Indians. I.osrKlng 'onerstlons or i,! ' embezzlement of the New York Life Jn- INTERIOR DEPARTMENT WORK Secretary Uitehcock Beperte n treats During Last Twelve Months. EUSY TIMES FOR ALL THE EMPLOYES Land Frauds, Indian Affairs and Irri gation Knrnlsh Greater Part of Labor Aside from Ron tine Business. WASHINGTON, Deo. lo.-In his annual report Secretary Hitchcock of the Interlos department says: There has been no diminution In the vol ume of work coming into the department during the period covered by this report. On the contrary, the past year has been characterized bv 'an Increase notably so In the patent office, the geological survey the reclamallon service, the general land ofllce and the secretary's office necessi tating In some Instances the extension or the hours of labor, as well as an Increase In the number of employes. The work, however, I am gratified to be able td state, has been expeditiously dispatched, and the public business may be regarded as well In hand. , , The unusual activity In the public land service referred to In my last annfal re port has not abated. The prosecution of all persons conspiring to defraud the gov ernment of its public lands Is being con tinued with vigor, as is shown by the ract that 490 persons have been indicted In the various land states and territories ,nr the violation of the public land laws, eighty nine have been convicted and lnoictments are still pending against 401. The zeal with which the officers of this department and the Department of Justice are looking Into these matters Is con stantly' uncovering new cases inm i,flln In ehnrncter. htlt1t Is the policy of the administration to continue the'p in vestigations and prosecutions J'"'u proper respect for the property ricoi the government and a regard for the law are established throughout those sections, of the country in which such laws apply. Law Officials Involved. The importance of our great public do main to the people cunnot be overesti mated. It Is to be regretted, however, that the efforts made to release It from the grip of its despoilers have been met by every embarrassment that human in genuity could devise; powerful Influences have been concerned and have not hesi tated to aggressively exert every agency that could be commanded to weaken the hand of the law; even local land office officials have been subservient to such in fluences, and the punishment imposed by the courts has, In many cases, been so conspicuously Inadequate as to entourage rather than deter violations of the low. Whether this official stagnation Is due in any degree to local political influences to which these officials are more or less in debted for their commissions and the re tention of their positions Is not impor tant to discuss at this time, it being suffi cient to state that it is a deplorable fact that such action, or rather Inaction. Is bringing reproach upon the public service, besides enhancing the difficulties which beset the administration in any snorts that it may make to rescue the public do main from serious peril. Law Invites Frand. It Is not possible for persons and corpo rations of great Influence and power to moiuluin lnuiosuies oi me puuiiv mnuo open disregard oi' a criminal statute with ..7,. six-miruuiriir otuers to do like wise, and here it may be. properly noted that reports on file In the department in dicate that approximately 5uu,wx) acres and more of the public domain in certain states and territories are by unlawful means ap propriated to the exclusiye us of private interests for private gain. Until, therefore, the opportunities afforded fas the fraudulent uiiuuution -of public lands by the timber and stone act act of June 8, 1W8, 20 Stat. L., 8i. the desert land acta tact of March 3, 1H77, 19 Htat. L., 377, as amended by the act of March 3, lltol, iS Stat. !-., 1096), and the commutation clause of the homestead law (section 2301 of the revised statutes, as amended by section 6 of the act of March 3, ll91, 26 Stat. L., 10i8, and the act of June 3, 1896, i Stat. L., 197), are removed by the re peal or modification of those measures, the government may expect to expend Its m,.n..v and energy In apprehending and 95 convicting those seeking to defraud it out S of Its public lanaa. 88 Mv official influence in this matter will innn terminate, but 1 shall have the corn- fort In retiring from the public service of a well rounoea convicuuu mtci. wic v.uun of the president relative to this class of lawlessnens will be so rigorous as to enable my successor to successfully Administer the law. " Disposal of Land. There was disposed of during' the fiscal year ended June 30, 1906, public lands ag gregating 19,431,187.47 acres, classified as fol lows: Cash sales, 1,774,341.63; miscellaneous entries, embracing homesteads, land war rants, scrip locations, swamp lands, railroad and. wagon road selections, Indian allot ments, etc., 17,571.102.53 acres, and Indian lands. 85,743.31 acres, showing an Increase of 2,374,la.lX acres as compared with the aggregate disposals for the preceding fiscal year. The total cash receipts during the fiscal vear from various sources, Including dis posal, of public land, amounted to te,6J,- I 477.38. and Indian lands. IW7.632.50; from depredations on public lands .740.23: from I deprcdatkins on Indian lands, SMtio.94; from j safeB of timber, $126; from sales of gov- i eminent property, 110.543.85, and for fur- nlshlng copies of records and plats, $S0..'5; aggregate, 17.685.523.90. an Increase of 567.- ? 2 mpd with the preceding fiscal ,l" year. With the Indiana. In the Indian service the policy of In ducing able-bodied Indians to seek employ- - ment outside of their reservations, where Of nntuh.lv t Pll Rldee S TV whura thr.t .... - . ... - ! , Till of llotlnr sgen's being c-onstently at work Protectlnc the Land. An average of about seventy-five special agents of the general land office were em ..r.,.-a.l rl.irlnar tha. vur I., 1 n i ,. .. . , alleged fraudulent land entries, and other - wise in prott-ctlng the public lands from IliiiDer irespam or meg! appropriation. On July 1, 1W5, thoie were M.jui entries ana nungs awaiung reports noni special agents or action upon reports already re ceived or hearings had under such reports. inuring ine mat year mere were re- the celved 8.517 entries and filings reuulrW in veuilgation. of the total number, 2.'J70 and otherwise disposed of. leaving 18.141 the entries ana wings penaing June 30. 1. for ceUatlon '"iZwtZ Jf&Jlg reports, and 400 bearings were ordered on - ' such report. for ."tlon'to the ' d.mltTerencunied 'in and curing the conviction of 'persons in v.. braska guilty of the unlawful Inclosure of public, lands. There has been no cessation BROWN'S CONDITION CRITICAL Former Senator Who Was Shot by Woman Una rrnrtlcnlly N" Thance of Recovery. WASHINGTON, Dec. 10. The life of for mer t:nltcd States Senator Brown of I'tah. who was shot by Mrs. Anna M. Bradley In his hotel apartments Snturday afternoon. Is hanging by a mere thread. Little hope for his recovery Is held out by attendants at the Emergency hospital, but his phy sician. Dr. W. P. Carr, still has one hope that his patient may survive. Senator Brown's temperature reached 104 tonight and. according to his friends, ho Is steadily , growing weaker. Mrs. Hradlcy spent anotner resile, .y In her cell at the house of detention and her only thought seems to be for the man wnom sne snoi aown. one vs u.uc-. , tereeted In the report today that Mrs. nnio Aaams o rM.iauc.piua n.u.,.. . ... ,iauuH Attains, lite actress, naci arnvru m Washington and had made an effort to see Senator Brown at the hospital. She urged the matron to send for Mrs. Adams, de claring that It was important that sho see her at once. iactqtntit T 1 1 a t rH Attnrnov ("1 1 1-o n tnrlnv announced that "If Senator Brown Is still tl'tenlng for an hour and ten minutes to alive tomorrow I shall Issue information ,,,e reading of tho Instructions of Judge against Mrs. Bradley for assault with In- Su,ton- Tho Instructions are probably the tent to kill and sho will be given a pre- ,nos,t voluminous ever read to a Jury in a Hmtnary hearing In police court at once. .Douglas county court. Judge Sutton corn In the event of his (Senator Brown's) """need reading them at 9 o'clock, and it death murder will be charged." 1 wa Just 10:10 whpn ho read the last sen- A. E. Lck1e. counsel for Mrs. Bradley. tence and 8ve them over to the Jury. The .. .. .. . . ,,. says mat ne was retninca oy ueorge vv. Bnrtch, former clUef Justice of the su- , preme court of Utah, and John L. B igley, j former attorney general of Idaho, personal i friends of Mrs. Bradley. ; SALT LAKE CITY. Dec. 10,-Frlend. In ; Dan. je city oi jirs. Anna i. itrauiey, who on Saturdny in Wnhlngton shot former Senator Arthur Brown, have re- tamed tne local firm of Bartcn & llagley to , iour lawyers connnea nimscn to an nour. ; the president proferred his profound con assist In the preparation of her ease. i The only Incident of unusual Interest dur- ' gratulations "on this well merited recoinl- Dr. A. A. Hoover, superintendent of Idaho's asylum for the Insane at Blackfoo'., ! Attorney W. J. Connell and County At- policy." lie asked that In compliance wilh has ben employed and wilt go to Wash- tomey Slabaugh. Mr. Connell, In his re- the request made by the Norwegian mln lngton to examine Mrs. Bradley and deter- marks, pointed out the coal exchange had Bter 0f roelgr. affairs, and If agreeable to mine her mental condition. Dr. Hoover , been In existence since 1903. the president, he be delegated to receive Is an alienist of note. j A local paper today says that before Mrs. I Bradley left here for Wsshlngton she found in Senator Brown's house letters written , to him by another woman. These letters, It Is stated, Indicated that Brown and the other woman were planning to meet In New York at the termination of Mr. Brown's legal engagement In Washington. SHEA WRITES TO ROOSEVELT Teamsters' Leader Wants Report of Talk with President to Use In His Defense, CHICAGO, Dec. 10. President Roosevelt has been called upon to assist the defense In the Shea cose and Mayor Edward F. Dunne will be subpoenaed as a witness In behalf of Cornelius P. Shea and his co- defendants when the state has finished the presentation of Its evidence against them for alleged conspiracy in the teamsters' strike last summer. The president has been brought Into the case by a letter addressed to mm ty tnea touay,i-"eeaiung to mm ine interview he had In Chicago . wlla a com mittee representing "the striking teamsters in May, 1905. Shea was the spokesman of the committee and requests President Kooscveit to rorwara to mm a transcript Siitlon. which was taken down for tho ; presldent by a stenographer, explaining that It Is desired to use It in the defense. The Instructions of Court. committee presented to President Roosevelt The tw0 instructions which bore most at the conference a memorial from the ! directly on the points at Issue were the Chicago Federation of Labor, protesting i olles relating to the constitution and by against the bringing of troops to Chicago. laws, and were as follows: Mayor Dunne Is expected bv the defense i are Instructed that article xli of to testify to conferences In which Shea, and ',?,,,!'"nf "l"11?," ? tlle, ,mnha ,caI . . change. Is In Itself a violation of the law other defendants urged him to force ar- j 0f this state; and If you nnd from the bit rat Ion of the strike. ! evidence, beyond a reasonable doubt, that No session was held In the Shea trial ' article xll of said constitution of said ex j .u i change was in force nt anv time between during the morning because of the Illness Juiy h and tho 14th day of September. of a Juror. The hearing, however, was re- 1 llnti, and that during that perlodfl or at sumed In the afternoon. Claude B. Booler ' nnv, tlme during that period, the defendant of New York testified that he deelnrert and "ne or more of ,,,e defendants In this or nuvr rone lesunea tnat ne declared rHMe wt.re memher8 of Bad exchange, and that the Garment Workers employed In ; that they unlawfully, wilfully, purposely the shops of Montgomery Ward A Co., in ' ttm' intentionally conspired or agreed iJ whosn aid the teamsters cnlled thnlr ctrllro 1 lfuh-nr to curry out the terms of suld sec wnose am tne teamsters called their Mrlke, ( Uon of tlie constitutlon In the city of had walked out of the plant of Ward Omaha, county of Douglas, state of Ne- Co. without giving any reason for their action, and that they had no contract with the firm. GEORGE W. PERKINS ON TRIAL Former Vice President of New York Life Arralsrned on Charge of Grand Larceny. ALBANY. N. Y.. Dec. 10,-The criminal charge against George W. Perkins, as vice president of the New York Life Insurance company, in connection with the payment of tlS.702 to the republican national com- nt tho funa nf tlta. Van V-V t If. the rSnt for th PP'- i We ahal1 con,eni1' M Mr. MacFar- suranee company. Former Justice William N. Cohen and Twln L. Delafleld anneArtvl In hon!? tf i Mr. Perkins. Judge Cohen declared that the essential elements of embezzlement was lacklng and that the records of the case disclosed nothing from which It could be Inferred that any act was animated by , anything but a rightful Intent. - L 1 i EDUCATION ' BILL IS DEAD I . Oovernment Rejects All Amendments Made by Lords and Will Prepare Kew Measure. IV I3NDON, Dec. 10. The unexpected dec! .of the cabinet to reject en bloc the amendments to the educational bill made in the House of Lords, which came as a complete surprise to most of the member, of the house and which Indicates that the i nonconformist influence was too strops- for overnment to withstand, seal, the fat. of the bill. Any compromise Is now re- . gardad as hopeless, the bill certainly will v.. A Hn(t - n,w v.ni wm i,,., JURY HAS THE COAL CASE TweWe !en Now Feo'dine Whether Fuel Trust Pubis in Omaha. LAWYERS FINISH ARGUMENT LAST NIGHT j. A. Snnderland Is Next Member of Alleged Combine to Be Tried, Hearing; Set for Wednea- d. Tho nu(,tlon of wi,ether or not the Omaha (Coal exchange Is organized In violation of the at,. laws of the wag But)mlt- tp(, tQ R Jury of twplve mpn at lo.,0 ,a8t nJ(.ht at ,he coae of he tra, Qf BnmU6, R jU)welIi rcsi(jent llf tho exchange, char8ed with being a member of an unlawful dm- bmU,on The tr,ft, ,nfite(1 gevpn fu ya, Including three nlglit sessions, and has been marked by clashes among the at torneys and between the court and the at- ' torncys, so bitterly was the case fought I between the contending sides. The Jury flld out ot the court room after Inltar Mt i i , f nrwm tn erhn ftrA nf Unlllff. - ... v . KIrkendall and Fields. This morning, by agreement of counsel. ; the court will take up the case of J. A. Sunderland, charged on the same Indict- snent with Mr Howe... I " twBu"-"i - ovc-upiu all of the afternoon session and until 9 ' o'clock at night. By consent each of the lng the argument was a final clnsh between "Why wait until Just before a general election" he started to sny, but he was stopped by the court and by County At- torney Slabaugh, who Jumped to his feet with his face lived with anger. Final Clnsh of Connsel, "That statement Is a reflection upon this court which called the grand Jury and upon White House: the sixteen good and true men who sat upon ! The amount of the Nobel peaoe prize will the rranrf inrv hemM conveyed by the president to trustees, tne grand jur. he said. ! tQ hp by (hom usod n, thp fourdat(n of a "Mr. Ccnncll," said Judge Sutton, also i fund the Income of which shall be expended with some show of heat, "the court will i for bringing together In conference at deal with vou when this case Is over " Washington, especially during th sessions aeai wim you wnen tnis case is over. of conKrwB representatives of labor and The first section of the Instructions relat- capital for the purpose of discussing In- ing to the nine counts of the Indictment dustrial problems, with the view of arrlv- reaulred lust a half hour to read Then ln 8t a ,'ter understanding between em requirea just a nj.it nour to read, men rloyrra and employes, and thus promoting .no ujuu muiiiwru iiuu a uiouuBaioii ui mo law of the case, The Jury was Instructed to limit Its con- slderatlon of the evidence to the period of time between July 1, 1906, and September 1 14, 1906. This Is because the Junkin law, ) under .which the Indictment was brought, 1 went into effect on the first date and the 1 indictment names the second date as the time when the offenses were committed, The Jury was directed It is not necessary for the. st-te to establish that the- sole-; and only purpose of the existence of the Omaha Coal exchange was to prevent com petition or to do business In restraint of . trad(5i and even though many lawful abuses ; , lh. .,. -p.j tKi. t l would not excuse the defendant In vlb- luting the law In restraint of trade. uruKa, men you are instructed that the defendant has been carrying on his busi ness In restraint of trade, and In violation of the laws of the state of Nebraska, an I you should convict him of the crime set forth In the Indictment. You are Instructed that the constitution and byluws of the Omaha Coal exchange, taken as a whole, are in violation of the laws of the state of Nebraska, and If you lind from the evidence, beyond a reasonable doubt, that the entire cnostltutlon and bv laws, which have been offered and read in evlrtinc In this case, was In force and , . ff UI ' I I . fan II LI , V, . .. lln,'..r..l ... .. . ! r ln((re ()f the men hers of XiH ' , i , was concerned, while acting together at ! ""V time between July 1, 1!6, snd the 14th WArArSS A bylaws of said exchange was in f ' nlmnva hail lla crlalanna Ir, 1 .t... -- Article xll referred to In the Instruction l Is the article relating to soliciting. Howell Pleads Igrnorancc. , Ignorancn of some of the acts of the j Coal exchange and the board of directors, of which he was president, was set up by I Samuel E. Howell as a defense when he ! totk the stand in his own behalf ln the ; Rllf''re1 Coa' trust trial before Judge Sutton I or ln aistnct court Monday. Mr. Howell testified he did not know any fines had been assessed against members of the exchange for violating the provision against soliciting or maintaining sub agencies since April 23, 19i'5, and that he did not know anything about the Issuing of the two price lists which have been lr.- troduced In evidence until after they had ..... au o.Kiiru ljio viivtn and vouchers which paid for the printing of the lists by saying he did not know what the vouchers related to. This, coupled with sweeping denials he had ever done anything or aided ln doing anything with Intent to fix prices or hamper com petition, constituted the important part of his evidence. Connell Has Blew Complaint. Before court convened In the morning Attorney W. J. Connell presented Judge Button with a, marked copy of an evening paper containing the statement alleged to have lieen made by R. L. Metcalfe regard ing his connection with the revision of the constitution In 19U3 and asked that the article be included with the other articles already referred to as basis for a cjn tcoipt complaint which Mr. Connell has (CxmUiiuud ou Bovoi.d l'atgo.) NEBRASKA WEATHER FORECAST Fnlr end Warmer Tnrsriny. Wednes day Rain or Snow and Colder, Temprrntnre nt Omnha Yesterdnyi Hoar. Hcsr. Ilonr. lJesc R n. m 121 1 i. m 2 n n. m V it p. m ST T n. m Ill .1 p. m - H a. m..T... 11 4 p. m ' ft n. m IS n p. m 211 lot. m in p. in ltd II a. m ito 7 p. m HA 11S m 1 H p. in lit O p. m an TORREY MISSION. LAST WEEK OF REVIVAL. Y. W. C. A. Rooms, 12i15 to 1, Miss Parker. Auditorium, 3 p. tn., nr. Torrry, "The Hnpllsm of the Holy Spirit." Y. W. C. A. Rooms, T p. n . Rev. W. 8 Jnrohy, Personal Work. Andltorlnm, 7i:iO p. nt., Mr. Rat Irr will sing and Mr. Torrey will preach. NOBEL PRIZE FOR ROOSEVELT Executive Will lie It tn Found Fnnd to Promote Industrial Peace. WASHINGTON, Dec. 10. C. Hauge, the minister from Norway, today called at the White House Mid Informed president Roosevelt that the Norwegian Storthing . . - . . . , ... , ; : nna conierrea on mm me i"oei pcacn i A message to tho same effect came from Mr. I.ovelnnd, the chairman of the Nobel committee, who conveyed to the president hearty good wishes and an expression of I his esteem. . united Stntes Minister 1'eiree at i nns- tla.nla. had been told of tho action of the committee on December 1, and In ndvLilng ! lon of your great and wise International 1 the diploma, medal and prize. The amount : c( money represented In the prize Is 13S,o36 'crowns, or $37,1:'7.(K. The following statement governing the proposed disposition of the prize money, which Is said to be tentative and subject to change as regards details, was made at the industrial peace CHKld'f lAiIA, Norway, Dec. 10. The Norwegian Parliament has conferred the Nobel peace prize upon . President Roose velt. The Nobel peace prize Is awarded to President Roosevelt In recognition of his services in ending the Russo-Japanese war. Candidates for this distinction must be proposed by legislative bodies, peace organizations or universities. It Is under- stood- tbal the president's sponsors were 1 ""..' presment ot Chicago university; Prof. Baldwin of the. University of Munich, and the faculty of Georgetown university, Washington. The peace prize wen', last year to Baroness von Sultner of Vienna and In previous years to W. H. Creemer, M. P. of England; Prof. De Martens of Russia nnd Henri Dunant, founder of the Red Cross. The Nobel peace prize Is part of a fortune left by Dr. Albert Burn!de Nobel, the Swedish scientist, who died In 1R9G. By his will a large portion of his fortune was devoted to five annual prizes, each esti mated at about HO.OfO. They were awarded for the most Important discoveries In physics, chemistry, physiology or medicines, for the most distinguished work of an Idealistic tendency In the field of literature and for the best effort toward the fra ternity of nations- and the promotion of peace. The last named is awarded by the Norwelgan parliament. The others are awarded by Institutions at Stockholm. COLORADO LEVEE IS BROKEN River Is alloi A urn In Pouring; Into Sea In I'nln terrnpted Flood. LOS ANGELES, Dec. 10. Telegraphic ad vices today from Yuma to General Su perintendent R. H. Ingram of the South ern Pacific stated that the Colorado levee wus completely beaten down and that the flood waters were pouring uninterruptedly Into Salton sink. The railroad officials have determined upon no definite plan of action. It Is likely that they will hegln the building of another spur of track along farmlng or other business here for many months, even though the break In the river Is not closed. The reople can only await the action of the Southern Paclflc railroad or possibly the federal government. There Is no farming land near the Salton sea and no fear of Inundation of any farms for a long time, probably a year, but un less Immediate action Is taken to effect a close of tlie break In the river It Is only a question of time when all of the Imperial and Coachllla valleys will be Inundated. PREACHER SHOT BY DAUGHTER Rct. John McAtee of Philadelphia Attacks Wife and Girl Comes to Her Defense. PHILADELPHIA, Dec. 10 Miss Mary McAtee today shot and probably fatally wounded her father. Rev. John Qulncy I McAtee, at their home here. The shooting, quarrel between nev. air. aicAiee ana nis wife ln which the minister, It Is asserted, was trying to throw Mrs. McAtee down tin cellar stairs. The daughter, who was ln the upper portion of the house, rushed down stairs with a small revolver ln her hand and fired three shots at her father. one of the bullets penetrating the brain. Mrs McAtee and the daughter told the ,.,.. .h-. h. hn.hml nrt f:.ih h.il been drinking lately and had been quanvl Isome and caused them much trouble. A j short time ago, the daughter said, lie had I choked her and tried to throw her over a italr rail. China lirjerla Volunteers. PEKIN. lt-c. 10. The medical and other tests for recruits are so strict this year that out of ,uoj men wishing to Join ths v'.,ni...rn army, recruiting for which began jDuCvinbur only 4m cr acuejlod. SEW WATER PLANT Omaha Water Bjarl rotermitud to Bat Its Owe Arraneemtnts. RADICAL ACTION TAKEN BY ADVICE Attorney Wricrht Tells What to Tt In Fe;ard to Furchass. CHOICE MADE BY CITY COUNCIL REJECTED Ordinance Providing for Furchaee ia Eetoinded by Etsolntion. WATER COMPANY WILL BE OUSTED Howell, Cong don and Hippie Snme to Trepare Pinna nnd Estimates for Construction of Plant to Serve Omaha. Tho Omaha Water board last evening took tho most decided step since the crea tion of the board by rescinding ordlnunc No. 5.U12. providing for tho purchase of the plant of tho Omaha Water company. ' .......!.. I , ....... ...I , tnA .,f Ihrn. m. ,,.. i .nS ' , .. ' ' water works by the city this ac ron.., iatinir in the opinion ot AN ,or c c Wright, for the water board, hg removat of the' pipes of the Omaha . . rnmnanv Tlli. .ten was tsken by 2 'f ,,,,., ,h- mmi,, KnA their ,, . . ,i,i ., ,m,k pvl,jpnce The decision of the board that the city should construct Its own water system came In the form of a resolution Heawn Viv. IH.ifnnv Wrlirht l i m llt'T Tt. . noweu moved tne resolution ne auopiea, Mr. Coad seconded the motion and a roll call showed nn unanimous vote In the affirmative. All the members were present. The entire session lasted about half an hour, and was but an official sanction of what the members had agreed on doing. Secretary Koenlg read a communication from Attorney Wright, who said ho did not consider It wise that the wnter board should proceed ln a court of equity to de termine the value of the water plant' in Omaha, but advised the course which th board adopted through the resolution. Attorney Wright's Opinion. Mr. Wright's . communication reads: OMAHA. Dee. 10 To the Water Board of the Ciiy of maha: Tho recent bursting of the mains of the Omnha Water company emphasizes the necessity of your board making a definite announcement of Its policy In reference to the acquisition of the water works. With this in view I de sire to make the following suggestions and recom men da t Ions : On March 2, 111.1, the city council passed an ordinance electing and d"termlnlng to purchase the works constructed under au thority of prior ordinances of the city. More than three vcars were consumed In an Attempt to secure an estimate of value under the terms of said contract and elec tion. On July 7, 196, more than three years thereafter, a disagreement was had. so that no valuation was fixed, by the throe engineers sele-ted to make the vnluatlon. lulling this-wriole proceeding the Omaha Water company refused to recognlxe the rle-ht of the city to purchase that portion of Its property which was necessary for the purpose of supplying tbe city of Omaha only, hut Insisted and still Insists that the cltv must purchase all of the works ln out lying municipalities In view of the disagreement of the ap prulseis, the Water board, cm . or about Julv 11, called tinon thf water com pany to appoint another enulnecr. to the end that a valuation mltrht be had under the terms of tho contract between the cltr anil the Omaha Wnter company, but the water company has refused to proceed with an nppraispmcnt. A I have hitherto ad vised you, I nm convinced that the estimate bv two engineers Is not nn appraisement under the contract, nnd there r-malns to this hoard, under the circumstances, prac tically one of two courses. The first would be imply to a court of eq-iity and to proceed bv its own methods to determine the value of the Omaha Water company's plant within the city of Omaha nnd necessary and appurtenant thereto, and to compel a specific: performance of Its contract to sell the same to the cltv. For various reasons. which I have state to the hoard orally, I do not deem such course advisable. Abrogation of Contrnrt Adrlsed. The board, however, has the option of adopting another course, viz.. to rescind the election to purchase at this time under the contract, which I think It would be justified and sustained In doing, because of the insistence of the water company that It w'll not sill to the city of Omaha anv portion of Its works unless It shall purchase that portion lying within South Omaha and ln other adjoining municipalities, and enn Btructed under separate franchise ordi nances, and because of the lonr period which has elapsed since the election to purchase, and the changed conditions, and because of the failure and refusal of the water company to now proceed In accord ance with the terms of the contract to srcitre an estimate "f value by three engi neers This course I strom-'ly recommend, and I tl lnk it should be adopted without hc'ts'tlon or delay. When this Is done T think your bonrd shov.ld proceed irricdlrtcly to seeure plane nnd estimate for the construction of a water plant fcr the r irpose of supplying the cltv of Omaha with water. lTndr the decision of Judge S-inboin. In the water rate case. It is held that the terms of the ordinance giving the rlpht ot the wafe company to ocrupy the streets of the city nnd to charge rates therein named, 1 I'mlted by the prlod of the hvdrnnt rental contract, and will expire on September 4. 1111'. At that time, therefore, the board will have the right to order the water comnanr to remove Its mains from the streets of the cltr snd I think th board should be In condition to construct a plant of Its own, unless the water company Is willing to sell Its works for some reasonable finure. The position of the Omaha Water cotnnsnv ha been so extravagant unl ttnrea' mjme tnat there scms little likelihood Its msklnj any reasonable adjustment iY f matter. Cost of New I"-, nt. I sm Informed bv responsible engineers that in equally elllclent system of water works for the illy, which can be much more economically maintained than tho present plant of the Pmihi Water com pany, can be constructed for very mudi less' than ll.omimii, and unless tlie Omah.-v Water company is wlPing to take a reason, able price for Us works I think It is the duty of this board to secure definite plane and est'matefl .md submit to the electors nt this city tho proposition to en't a water plant for and rm behalf of the city. To this end I submit to you herewith a resolu. tlon for the rescission of the election tn purchase nnd also a resolution directing the securing of plans anil estimates for th construction of an independent water plant. i v most bear ln niiini that this does not j contemplate the maintenance of a dual removal of the p!p s by the present com pany. Very respcctrully, V C. C. WRIGHT. Resolution Adopted by Hoard. The resolution adopted by tha Water board reads: hereas, l.nner ana in accovuance wim 'the terms of B-cili n 14 of Ordlnarcv No. ,,f n, cltv of Oniuha. ami the ami-nda tory ordinances thereof, the city couin II of .tlie city of Omaha, then having authority tnil torlsillctlon in said matter, did, on he Id day of March, 11 .1. pass an ordinance known as Ordinance No. 51ti:i. being enti tled: "An crduuuice declaring that it Is necessary and t-xj edi. nt for the city of Omaha to purchase the system of wat-r works operated by the Omaha Wuter ran. pany, and providing for notification to the Waler board and to said walrr company to each select one eiigii w as all ui. plainer to ascertain the valuation of finl water works plant, " whereby the sulil city of Omaha elected and ilciermlned t" purchase the water w rk of th- Omaha Waler com pany, winch were co! i4ln.cn- i und T snd by vlitae of the turuu, f Oidinuiive INv. ii)
