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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 13, 1906)
Fhe Omaha Daily Bee VOL. XXXVI-NO. 153. OMAHA, THURSDAY -MOIIXIXO, DECEMBER 13, 1P06-TWKLVE PAGES. SINGLE COPY TIIIJEE CENTS. FIRST MASS TODAY Clerey of Fgrit Will Hold Eerricei Ont-ide Pels of the Law. SPECIAL APPEAL FOR LARGE ATTENDANCE GoTerament Will Not Make Any ArretU Until Keetinet Are Over. REASON FOR DEPORTATION OF NUNCIO Premier Says B Waa Inilractina: French men to Diiobey Law. VATICAN IS PREPARING A PROTEST Pope Holds that Itliart of Records U an Owtraa nnd Without Prece- Opinion la Home Divided. PARIS. Dee. 11 The clergy ot Paris Is sued special appeals tonight to their pa rishioner, to b present at the churches tomorrow at the first mass celebrated out aide the pale of the law. The government, however, purposes to proceed gently. These services will not be broken up. but police men will be In attendance to not lsfractlons e . V. 1.. mnA rl 1 nfflrlatlnf nrii ats or their assistant, before the nearest Justice of the peace. The chief danger of disorders In Paris 1 believed to He In the possible Invasion of churches by rowdies and free thinkers. Re serves of gend'armea will be stationed at various points throughout the city to guard against troubles of this sort. The effort, made by certain members of the Chamber of Deputies and other disinterested perrons to Insure a continuation of churc ties in eplta t the papal veo, by Inducing Catholic lay men In each parish to make the forbidden declaration have not thus far met with much success. Up to a late hour tonight the Church of 8t. John the Evangel was the only church where such legal applica tion had been made. The Indications are against anything which might be dignified by the name of re ligious war, and the prompt expulsion from France yesterday of Mgr. Montagnlnl, sec retary of the papal unclature here since th recall of the nuncio, coupled with the threat to expel recalltrant clergymen from France, has had a sobering Influence. The militant Catholics are In a hopeless minority and the masses are rather Indifferent, or except In a few Isolated Instances, Inclined to side with the government. a Demonstration at Xaney. There wss a riotous demonstration at Nancy today while the bishop was moving out of his residence. A crowd of 2.000 ac companied the officials to the residence, hooting them constantly. The bishop will be prosecuted on the charge of assautlng a policeman because he laid his hand upon a policeman's shoulder while he was leav ing bis residence. Five thousand persons gathered today In the cathedral at Renneajto listen to Arch bishop Do boug's exhortation to obedience to the pope. There wa an enthusiastic .demonstration when the archbishop left the cothedraL Bo far as church property Is concerned, the episcopal mansions, the rectories, the seminaries, etc, prelates of all rank are prepared to accept the notices served upon them to move out tomorrow after protest ing end refusing to sign documents of dis possession. It is reported tonight that dotene of cul ture or diocesan societies are In process of formation at the last moment In the va rious departments. First Salts Art Plied. Prosecutions have been begun against the over the building, belonging to the eccle alasUca, atop th pension, of the clergy, compel aspirant, to th priesthood to nil their military obligation, and. If necessary, treat th clergy as subject, of a foreign power. This constitutes a sufficient demon stration of the spirit with which the gov ernment Intend, to meet resistance. The tone of Premier Clemencoau'a speech In the Chamber of Deputies last night also bow. that he has Parliament at hi. hack. Nevertheless, M. Clement eau waa careful to say that there waa still time for Catho lic to conform to the law. Xnnrlo'a Papers Valuable. It turns out that the paper, seised at the papal nunciature yesterday placed In the . government', band. Important evidence which may prove exceedingly embarrassing to th Vatican If open war is to take place. They Include, beside all th diplomatic record, covering the ocrresponoence ex changed before the rupture with the Vati can, recent Instruction, from Cardinal Merry del Vsl, th papal secretary of state, a mas of letter, from prelates all over the world and letter, la th handwriting of deputle. of th right party. M. Jaures. the socialist leader, asserts In hi. papf that the seised documents even prov the existence of a conspiracy. Cardinal Richard ha. accepted the tarn- porarn hospitality of M. Denys Cochin, conservative member of the Chamber of DepuUe from one of the Part, district.. rt. , i. 1 1 -. i . , , , "vv eM --. .-w - j i itui wcif cvetcuaicu today. I The formal charge on which Monslgnor MontiM-nlnl waa expelled was that he car- riea out an order contained In a telegram from Papal Secretary of State Merry del Val, received December a. to Instruct tho French clergy to refute to make applica tions under the law of 1881, or obey th law of 1JU6. Th government obtained a copy of the meaae at the telegraph office. Editor rile Application. That th rank and file of ths liberal Catholic, disapprove of the Intransigent attitude of the authorities at Rome was evidenced by the fact that M. Martinet, editor of the Renaissance, nd Felix Robiu, filed, on their own initiative with Prvfect of Police Lepln today, an application under ths public meetings law of lsl for per m:ssioa to hold religious meetings In all the churches. It wu at first announced that the gov ernment bad InstruiUd th prefect to ac morrow. Card n-J Richard ha formally denied that " j T a . . t . . .. i .. t k. . -t . . . . i. a. I Pierre du Uros CaUlou, St. Augustine and (hi. mother-in-law), was again remanded .''!. , l1"' "V i.r,p7, '.k i Tk. n.,!'. . . .h. ., timaha and St. Roche, where the greatest resistance to for a week today at the Bow street police from the national government and If the lutlon rallln. for Information Lr,. .v.. proved itself th taking of th Inventories occurred and court. 'states fail to furnish it in due measure, I . . ... . -.-... , . . .1 , . , . iL dlsrbsreevl aoldlera It Is nwt. m-tu 1 ain It has been decided to immediately take Hau is being closely watched, as the ro-! .-. .T f,'T .OI.J"e 1 ""' ' . V . ".. . . ' k 7, I . 1 1 . , est. of Omah . , '! JZ forma r acknu.il tt i i.I 11 ' lo c"rU r witl ,ht iU n'" m"u' ,h Dab" lf- m.-r.t on land here worth SXMW. The j Mots, restgr.ed; Wyomli.g. Cre.toii. Sneet- hal, and William K. Lewis and Henry N. rZi.i .nTder'drf a general 17, hi,, n Im",h Chamber of Commerce. ari that he should be disappointed if great city cf rhklo and 4,'li other defondanu Wllter ccunty. Thomas G. Sherman, vice CY. dllor of the New York Uornlr.g ri ,. ill th. churches wa. lriuUr I Improvements cannot t made !n the ad- d ln tl- suits. The land named 1. Harry Hay. resigned. Telegraph, were arrested today charged Su TnlsJ announced that unless app.tTona P--e-.ers to be Held. mlnisttat.on of lite insurance and Its ct ulmoHt ,he entlr, terrlt,ry uth t Thirty- The poslomce at Avery. Sarpy county, with "criminal contempt of court In clr- Tt. aK.n. ' JU- n?he ZZZZ ZLVJ? IJJ. " .:rty-nlnth street, between ; Nehr Jka. and Icon.um. Appanoose cunty! culatin. false and ,ro,y Inaccurate re behalf cf each church, measures for re- which na. .ietsined si quarantine ysiei- Grand boulevard and Lake Michigan. Ac- Iowa, nave been ordered discontinued. Prt" OI tr'J t-'-'tf triai tirtln violations of lb lit would com- J ' UP"" arrival from H-m.i uig and Cher- Boston ef on License. 'cording o Smith, th original grant of th . porting vtoiaiiona oi n- " wouiu com- , B , w.,aiii..,x in i.e se.-. POST. N. Iec 12 The ln l.uHUm , . " . ...,.. Gllletle does to Anharn. m.uc. at th time for early mas. t- ' oa, f.Mn.w i.l r.le,.e,l ,v ! 5 1 Tl- y.ee.duy on the liqu. r .,ue..P n was: Ye? Utvd l;ev,r arpenred on reoord. th Men ob- D.. .111.111., H..- HFRKIMEll. N. Y. Dh. 11 Cheste. K. RUSSIA CALLS ON UNCLE SAM Bourse C.asette Smyu Nations Must Combine n Porh Ambition f Japan. PT. PFTrRiinTTa nr. k Tk. nnnr Ga-et. one of the mot responsible lour- ntls la Russia, today contains a leading article advocating a rapprochement be tween the Inllv1 Rfntn. n rH Rntala In safeguard the Interests f both powers Ir me rar east, which, the paper says, r now threatened by Japtnese The Bourse Gaxette remarks: Contemporary Eiirnne Is no ground- , which a combination of power for tr.. j maintenance of peace m the fir east It r.o-ll.l... but Russia anil the Upltcd Stnt-s i nre ame to Join hand for this purpose. They have no old scores to nettle. Their ancient friendship la onlv trmporarllv lm paired, owing to the mlt-ikes .f the former regime A Russo-Amorlr;in rap prochement, which la hl-'torlc.-i!!v n's siry. rnnM check the Alntlc utorm whl'-h la pgnln moving towards the western world. Thts In no way Implies wi'.r with Japan. On the contrary, o -non as the nrl-nnderstandlng takes' di finite form It will guarantee the stability of peace In the far east. The Poiirae Oaiette says It finds that the chief source of Japanese Chauvinism i now snown in tne necouations oi me Toklo government with the governments at Washington and St. Pctei-'bunr to be "the utter bankruptcy of the moral pres tige of the west In Japanese eyes, owing to Japan's easy defeat of Russia and the discovery that the s-Mi'lprity cf the west ern peoples In the work of peaceful de velopment Is an empty sound." The article adds: "The war Indicated , th Japanese that everything- was per. mlsslble to them If material force was on their side. The first st-p In the moral rehabilitation of the west Is a Russo- Amerlcan rapprochement." In this connection mny be quoted a re mark: made to the Associated Preps cor respondent by a Russian diplomat of the highest rank, who said: "Russia places the highest value on the friendship of the United States and realites and acknowl edge that serious mistakes were made In the past to which the Impairment of the friendship of the last few years Is due. Oir task now Is to repair these blun ders." The Kovoe Vremya and Rech and Slovo also devote leading articles In most ap prehensive tone to the Japanese question. SHAH HAS SLIGHT RALLY Heart of Ruler of Persia la Affected and He Can Live Bat Few Days. tlon of the shah remain, practically un- J uiimiKcu, HimiJUKn louay ne raiiieu BiiKULiy after yesterday's relapse. At a consulta tion of physicians held yesterday evening It was discovered for the first time that his his af-! majesty's heart has become seriously fected. thus addir- a new complication to J the situation, wh .1 already was consld- I ered grave. The condition of his heart and : the repeated syncopes lead to the consensu, j " wKi.mni inni inc. .imn uuiDui live more than five days. The palace officials no longer conceal the seriousness of the situ ation. Public business Is proceeding as usual. vwstiT, nrbon. 1.1. .-j son. ; havlnV TnMm.V. 7 - h Vh sons having Intimate relations with the , court, few people seem to be affected by tne state oi tne snan s health, and general l Indifference If not apathy extends even In j Parliament. . HAL) IS AGAIN REMANDED American Uwrer Closely Watched, a Guards Fenr He Mill Commit Suicide. x.. "-u"int 10 tne tact that the evidence regarding the death of Frau Mollltor had not arrived here ,ii""ill control which they deem Junt and Tau monitor naa not. armed nere from in ,... n ,. h. (k.i Germany, Prof. Karl llau of Waahlngton. clde. His- guards yesterday detected him adjusting a necktie around his neck and aert that he was about to attempt to strangle himself. The prisoner, however, assured his counsel that he had no such !.-.i u . , v. i. . i . Intention. Hau thi morning made an ap- plication to the magistrate for $350 with whlch to pay creditors at Washington, who, he said, are pressing htm. Th mag. lstrate promised to consider the application. KAISER INSISTS ON BUDGET Relchsfaa; Wil Be Dissolved and Election Ordered If Money Is Mot Granted. BERLIN, Dec. 12. Emperor William ha authorised Chanctlior von Buelotv to dis solve the Reichstag and order new (lec tions If the tupplementary appropriations asked for by the government are not granted by the house. Th question of the Reichstag appropri ating enough money to keep the present army ln German Southwest Africa ln the field Is, according to the conviction of I the government, equivalent to the question whether the colonv shall be riven un ... ., .-.UC...,B soman , rr,, .r,,.. , . . srr.ir. T,n i on supplies I.. . . , ruiuuuii win it luuiiu in i ni I nr im tr-M bciiv v 111m j iiiui 1 1 wiui B ine noil ' I iicu ten- ii may aiieuipi to commit .Ul- ' retained. An appeal to the country. If j ,he total a"'ou"t up to W0.iMJ.0o0. necessary, will be made on that Issue, the ! wording to a statement given out to governnient s position being ttat if the ! day lh ProrrJs of the ale of the new present garrison of German Southwest Africa is reduced from 1I.0W to lit men, i ii the e nter I ,n r t v anrl the . t t r.i n u lrt - I tlves will obtain possession of the colony. BURDEN TO BE ON SELLER European (iraln Bnjers M'ould Change System to Prevent I. o to Them. BEKLIN, Dec. 11 In consequence of the international movement among buyers of American grain to f imp te among sellers , to control the standard s'riln contracts. representatives of the German, lieiglum, niishv Dutch and Hwedish chambers of commerce met on the Bourse here tody, to consider ths taking of conunon action. The liea, is to make American Eellera re sponsible for laying down merchantable grain at European ports Instead of, as in tho standard contracts, placing the losa, If the grain arrives ln bad condition, upon the European buyer. The controversy turns particularly upon corn meal, though whe.t i. nswii.'m alMi prutl !y i!l be r. l--se.l. but ti e 1! s-s-.nd et-;n p,u-reo- f'- ' ee f 1 1" ' ni the il..-a.t.. jl , I d tall.ee l lJuUUUl UluUj fr uL-siiS' . ii .. . .ii . in sni. e.ni.iunv. irr..iy. mr (w fninriinaiinn - , . ... .. . . .i. ... ROOT ON DUTIES OF STATES f ecretary Diicussea Tendency Teward Cen-tnliiatie- t Powers of Got rnmenU DEVElr. -PiJRING NEW CONDITIONS -n I j Can Only Be Cheeked hy V " S',',,, Thf,,r D" ,he NC" Country at Large and lea Islatlns; Accordingly. . tw. h a.ret.r-ir of State NE-W TORK. Doc. 12 Secretary or Plate Ellhu Rrot was the guest of honor at the eighth annual dinner of the Pennsylvania society of New York held this evening at the Waldorr-AMorla hotel. More than TOO members of the society were present. Pres ident J. Hampden Robhs presided. Pecre trtry Root responded to the toast "The United States." Mr. Root said: What Is to be the future of the states of the union under our cona'ltut1'mal form of government? The conditions under which the clauses of the constitution dls tribntine' now-era to the national and state government are hencefor,vi to ne appue are widely different from the conditions whclh were or could have been within the contemplation of the framers of the con stitution, and widely Afferent from those which obtained during the early years of the repiltic. Few of the men of 177 would have deemed it p 'S.sible that the union they were forming could be main tained rnnoiin fc.i, .".'" of people, spread over the vast expanse from the Atlantic to the Pacific, and from the lakes to the gulf. State Action Inadequate. Such changes In the ll'e of the people I""""?1 ! Produce corresponding po. lltlcal conditions. Some of these charges caa be plainly seen now In progress. It Is plainly to be seen that the people of the j country are coming to the conclusion that I Mrs. Hartie would take un l.er reMen, 1 In certain Impor" nt respects the local!. ,,,,.,., " -v " r"'u",u ; laws of the seprite states which were "'"onila permanently, after the close i ,inn.i. .1,1 , . of the 1 Ivor re rmMHinn and control of the business which was transacted and the activity which began and ended within the lmlts of the several r' n va HI lliaortiuuie inr JHl anu nUP C'rl- j trol of the business activities which ex tend through all the state, and more power of regulation and control Is gradually pass ing Into the hands of the national govern ment. Sometimes by an assertion of the Interstate commerce power, sometimes by an assertion of the taxing power, the na tional government Is taking up the per formance of dutlerj which under the changed condltons the separate states are no loneer capable of adequately perform ing. The federal antl-tnist law, the anti rebate law, the railroad rate law, the meat Inspection law. the oleomargarine liw, the P ire food law ore examples of the pur pose of the people of the United States to do through the nency of the national gov ernment the thing which the "eparate state governments formerly did adequately, but no longer do adequateley. New projects of national control are mooted, uniform divorce laws: child labor ye of the state are proposed. Sew View of Dntles of States. I submit to your Judgment and I desire ! to prss upon you with ail tne eiriemnesi ! L P088e.5.8' tnal .theie .is but one way In i uftheir XZ .d'utnSrlTy Tde'? conditions which are now he tore n. lh'lt ay ' by an awakening on the par. ownthdeutUal,to fh counatage.0? I conamons winch now exist, no state can 1 "v to itself alone and regulate its affairs ! with sole reference to Its own treasury. Its own convenience. Its own special inter ests, livery state Is bound to frame Its legislation and Its sdmlnistratlon with ref- iereiU not onrs its ewnmrecial interest but ,tn "'nce to the enect on all Its sister states. Every Individual is bound 1 ' iiiuniuuni i uvuuu i to regulate his conduct with some refer- . l" r1'' neignnora ana me mXidual. brTgh t ' toge". l.er, the more Imperative beoomej the necessit v -...en consirain. ana limns individual con- it i. ..iM. .. ' , .. rl.hts to inveigh against the supremacy of the constitutional laws of the United States or against the extension of national author- Ity In the fields of necessarv control where the states themselves fall In the perform-! nine oi uteir uuiy. 1 ne inBiinn lor sen government among the people of the United Htaloa let t.in t esor.tr n lham lona- tn respect any one a right to exercise a power which he fails to exercise. The govern- ; su. h control could be better xercled in wnere it will ne exercised ln the national government. The true and only way to ' preserve state i authority Is to bo found In . Ine.rVroad. VZS'ZZ of responsibility to the general govern- ! ment' in effertlve legislation by the states In conformity to the general moral sense c(ce for the general public good of the cf the country, and In the vigorous exer- authority which Is to be preserved. GREAT NORTHERN EXPANDS Sixty Million Dollars Added to Pre ferred Stork to Provide for ' Expenses. iskw iwii. itc n mee.mg or the director, of tho Great Northern rail- way It was voted to authorise an Increase of JflPCOf OOO in preferred stock and to tfv stockholder, the opnortun.ty of subscribing therefor at par Payments 'oV new Issue, are to be at .., pferiuus ciJUMiu-i-e v v u j trcn aim "it all such payments the company will pay Interest at the rate of 5 er cent per an- num until the full amount Is subscribed for. The present amount of stock out standing Is very nearly Ila0.0n0.000, so that the new issue, when it becomes stock, will sunk Is to be used "to pay for additional 1 q"ipn'r.t for additions to and lmpruve- merit of existing' Une and for acquisition : of such lines as the directors niay decide I to be necessary." LIFE INSURANCE ASSOCIATION Pstnl Morton at Head of Movement to Secure Inlformlty of Adtulnlat ra tlon nnd Prevent Waste. NEW YORK. Dec. 11 It waa announced today that President Paul Morten of the j F luitable liife Assurance society has cai'ed a n et ng of the president of more than .ul' . . ... J,. C. ,. ' thirty of th priiuriial life insurance com panies in the country, tu be held in New York City on Docerr.btr a. to form art as- ! sociatlon. Aji.ons the reasons given ty ' iTesldent Morton for the org-anixatinn are: j To prevent txtravagai.ee and reduce tx- j Pn ' encouraging uniformity of ai-! mlnistratfc n; to consider whether to advo- cat9 or OI P"4 igiaiai.on, iur. mor.uu ...a. o ... . o.o l: .-: no. it itie inaJ'Tiiy for In.rs-. .t lst years vole: Ir,, SSoij, T.vlvr, o.l.xk Ian: Yes. 3S..U;; no. a.jw. Majvril lux .v law. NO DIVORCE FCR HARTJE Judge Frnser Decides the Suit at Pittsburg- Adversely to the rialntlrT. FITTSRURQ. Dec. 12.-The famous di vorce case brojslit by Augustus Hartje. the millionaire paper manufacturer, against his wife Mary Scott Hartje, in which he named Coachman Thomas Madlne as co-respondent, was today de cided In favor of Mrs. Hartje. Judge Fraser denied the petition of the complainant, but makes no reference to the question of alimony. The children are to remain In the custody of Mrs. Hartje until a further order of court. The court costs must be paid by Hartje. Hartje's counsel anounccd the case would be appealed. The case aroused public Interest all over the country. Hearing of the testimony took nearly five weeks. The battle .centered In the production of a series of letters alleged to have been written by the wife to Thomas Madlne, the coachman of the family. For five days handwriting experts gave their opinion on the authenticity of these letters. During the trial Mr. Hartje and John 8. Welshona, his friend, together with Clif ford Hooe, colored, a former coachman of Hartje's. was arrested on charges of conspiracy. Hooe was also charged with perjury. A separate suit brought by Mrs. Hartje for temporary alimony, counsel f e"i snd $30,000 expenses Incurred during the trial. Is still pending. Mrs. Hartje was not able to be In court today, on account of Illness. With her two children she returned to Pittsburg, from caiiiornia yesterday, and while enroute , . . "UInH contracted severe cold. Her i mother. Mrs. Scott, denied the report that "Mary has no Intention of le.vln Titt. hr, .h. , . ... i , 5; h ' f cour8e- tn notoriety "'.t siae. our iin many i. ur j friends here and has not suffered from the sensational charges." When Informed of the decision Mrs. Hartje. the llbellant, said: Well, that Is not the finish. I will ap- peal the decision and carry It to the bitter : end. My conscience Is clear, nothing wrong." I have done NEGROES AT WAR OFFICE Dlsehara-ed Soldiers of Twenty-flfth Make Application for Reenllst nent In Army. miBnivmviv re i Tn. n.n..i.. result of a memorandum of Secretary Taft j to the military secretary signed yesterday. ' ... , .. . . ,, . . outlining the procedure to be followed by I jT'tT !ii.?hol!lt'rrJrJa.I- ' who Wre "eS without honor, was ; the visit today to the War department of . ",f f '- .mf" puca W re-eniistment, aecianng tnat they were innocent of all complicity in and ""l0 of ,he 8jraJr "l Brownvllle. The ",r" ' c.iur.iuo i r- sent establishing this fact, but their ap- plications were submitted and received upon the assurance that such testimony would be forthcomlne at once. ' Secretary Taft. who will pass upon the cases of the discharged men before taking - ' - - them to the president, said today that r.cth- i )n beyond receiving the applications for ! re-enllstment would be done until the re- ' nliea of the nre-ident anrl htmaeir to th , Bena1e resolutions of inquiry are sub- i mitted. The evidence furnished yesterday by Gil- . .-,.. ctewnrt who Is actln for Bmh, cnrl" "tewart, wno is act.ng ror a number I of the men. the secretary also said, will he one into carefullv nt he IkVa . m AA,,,. -,i .jiji..,i - :acwjnt ln tno flmU "judication of the ' TnAt tfiT The evidence submitted at the Whit i . "y oiicnnst Ditsan or me tonsil- tutional le.nsnie ir. hohair th. ik.i soldiers of the Twenty-fifth Infantry haa . ' I ... INSURANCE ELECTION PLAN , Mutual and Xew York Life Interests i Get Together on State Supervision. NEW YORK. Dec. 12. Ways and means for supervising he coming elections of directors of the Mutual Life Insurance company and the New York Life Insurance company were considered at a onferencs l held today at the New York office of tho j .tat .uperlntendent of Insurance. , y - wnty enlievor4 to escape from thdr owa octatlon. suggested that the state superln-j ( on Crw reservation. G.n- tendent of nsurance appoint five in.pec- ' , cIoUl, tors of elections for each company. This . ' d f(ra for tnelr ,. ; arrangement was satisfactory to the va- JJZ oM riou. Interests present and the represnta- Mock- He believes .ome assistance .houid tire, of the companies and ,h. policyho.d- , ' ,r' ,,cltlon agreed to suhmlt list. ntib.. which request was granted. i - " - - names who would be agreeable to them to j have serve as such Inspectors. HEAVIER BONDS DEMANDED Since Conviction of One Other Ac cused Insurance Men Must Increase Ball. IM'll' TATI V Tl . 1 1 -TV V... ( ' n i . r.L . , , , Reserve Life Insurance company, and ! George D. Elr!de, vice president of the."" ""-" " " company, both of whom are under Indict- ni ii ti t hnr.H n f fnrri.rv unit Lrcnnv was increased by Just:ce Greonbaum In the v Burnham'. bail was fixed at 130.000 and that of Elrldge at tlZMA. Both gav the bonds required. Hitherto both had been held ln J11500 balL The action was taken on request of the dlstrict attorney following the conviction yesterday of Georg Burnham, Jr.. general ' counsl the company, on a charge of liU"ct0' under which he was Indicted Jointly ': with Frederick A. Burnham and Eldridg. SUIT FOR SLICE OF CHICAGO Massachusetts Man Wants Twenty- Five Million Dollars' Worth of Property on South Sid. CHICAGO. Dec. 11 In the ftderal circuit : court u4il, Sidney Bmith of dmbrtdje. t-lnlng trie grant na.ng died nef-re the irun nimerut was registered.. Smith claim. '" m- - JO- tua jraui , POLLARD'S DRAFT RETURNED lerreant-at-Armi o f Etuse fees Ho Way to Coyer aoa nto Treainry. HOUSE ASKED TO PASS ON QUESTION Conarressman Kennedy Has Annnal Flaht on Ills Hands to Retain the Indian npply Depot at Omaha. (From a Staff Correspondent.) WASHINGTON. Dec. 12. tSpeclal Te'e gram.) Congressman Pollard will, tomor row, present a resolution to the house of representatives calling upon the Judiciary committee of that body to Investigate the question whether he is or is not entitled to the money which the rgaant-at-armi sent to him covering the period between the resignation of Senator Burkett from the lower house and his election as Bur kett s successor. Congressman Pollard was severely criti cised during the last campaign for taking the money and be kst many ','otee because of ILs acccptrnce. Later on and after dic tion, Congressman Pollard drew a draft for ll.BSl.M, payable to the treasurer of the United States, and sent the same to Henry Casson, sergeant-at-arms of the house with a request that this amount be covered liAt k into the treasurv. Mr. CatM.m has been up a tree regarding the disposition of the money and retalnfd the check until , today, when It was returned to Mr. Pol- j lard with the following letter: i WASHINGTON. D. C. lec. 11. Hon. K. I M. Pollard, House of Representatives My Lear Hir Referring to tne matter of your letter to ia enAlnalnir u draft nnVfthl. tn order of tne treasurer of the United states for Il.8ul.S4. 1 have to say that 1 6m not officially advised of any way In n-hieh I -r, ..,., thi. rn.,nt.v -Imo the treasury of the United States. The pay- ment of this amount to you, being for compensation in interim between the be- Binning ui ilia r 11 1 -iitii in tvnaiiso eii uate of your clfctlon as representative to that congrtss, was made under authority es'TX Uni?ersta0,e.U'wh.rceh statute wss enacted In the year In making this payment, not only was the statute observed, but It conformed to an unbroken line of orecedents and was ap proved by the accounting omcers oi mo Treasury d partment. Your letter and ac companln6 draft are transmitted here with. Very truly yours, HENRY CASSON. Sergeant-at-arms, House of Representa tives. Mr. Pollard has sought since reaching Washington to have the comptroller of the trfasury or auditor of state and other de partments to pass upon this question once and for all, but they have refused to givo n opm'on un" p"1 up l" Z ""' He h" had, r?'ted T Ji ll with the sp aker and the house leaders as . , hlfc .hM nrnrMn sod It was finally agreed that he should a Uo of p,.r90nai prlvileg a. .., r-.0lutlon e to ! Zn the Judiciary committee of the morrow and Introduce the resolution call- i h. , ini.n nnon this much de Dnted ouestlon whether he had a right to . acceptqtne money which he did covering the period above mentioned, -ni on Congressman Kenneay is again irrro uV over the appropriation for the Indian sup ply "depot; there bslag quite a disposition i " the Indian affair- committee of the . , , f house to cut Omaha out of the list oi supply depots. r. ivenneay ioujr i.-u . ! conference with various member, of the i committee and showed them how Important " wa th appropnauou mourn i ! continued in Its present form. Up to the j Present fiscal year Omaha waa mentioned directly In the bill a. one of the place. ' lnrt,,n '...nniv denot should be where an Indian supply depot should. De maintained, but the Indian appropriation Omaha as well as St. Louis and San Fran cisco and appropriated a lump sum for the three cities. During the last year Indian I . !-,. h. elven the mer. . Commissioner Leupp has given tne mer I chan,s of Omaha an opportunity to bid the Indian supply depot has of benefit not only to the In- deparlment, but to the business Inter- a a. well. Mr. Kennedy'. presentation of the Omaha case met with all interests In the valley have been called general favor and there Is no doubt that i to assemble tomorrow morning at Imperial the appropriation heretofore made will be j to meet R. H. Ingram and other repre continued ln ths Indian bill when reported ! eentatlves of the Southern Pacific com after the Christmas holiday.. It Is be- : Pnv. who will submit a proposition to the lleved, however, that the whole question of Indian supply depots will be coveted In one general paragraph and the names of all cities ln which supply depots are at present maintained will be eliminated, a Hat sum for thi. work being appropriated. Supplies for lie Indiana. Major General Greely today telegraphed the military secretary ln reference to pub lished reports on the pitiable condition of ( the Ute Indians at Fort Meade, who re- Minor Matters at Capital. Dr. A. 8. Von Mansfield of Ashland Is In Washington and is the guest of the Cosmos club. Dr. Von Mansfield Is here for the purpose of attending the banquet of the National Geographic society, which will be given. Saturday evening at the New Wlllard. Judge Klnkald today appeared before the mlliury affairs committee of the house and a..iced that the army appropriation bill carry an appropriation of Jlj.Ott) to enlarge re. ,,".! - the amount appropriated by last year'. ' b111- "ame'y t:W Oj0' W,U f tand' 71118 lit is stated, is wholly Insufficient amount, to meet 'the needs of the hospital, and particularly so if Fort Robinson 1. to become a brigade post. congressman cmun ... tuuuc, n uns, who is a member of the .ub-commltte on j appropriations, having the fortification bill : " charge, siaiea iixwy nisi ne woum ! leave for home Saturday, but that the j fortifications bill would be reported out of hi committee before his leaving. First Lieutei ant Orvelle G. Brown, as- slslant surgjon. now at Newport News, will rroceed to Fort Robinson for duty. T. W. Burg of Omaha. H. D. Crosmer of Tripp and G. W. 8tefc-rr.an of Miller, B. D., have teen appointed railway mail clerks. John F. Mathlus has been appointed reg vlar and Elizabeth Mathlas substitute rural 1 r a f..r route No. 1 at Coiicord Net. i',lmasters appoint, d : Nebraska, Amelia. WASlli.Mjii., ic. i--ite nous to- I day adopted the concurrent resolution to f,,r n fhi-iiimn. h.ih,iiv. ..n r- . " """"'- j cu.u-c -v w . NEBRASKA WEATHER FORECAST Slow In West, Rain In t'.nnt rortlnnl lwlrteritr older 'lharsilay. Frldn Fair and t'oltlrr. Temperatnre at Omaha Veterdst Ilnnr. I Hoar. Dear. ft a. ra an 1 p. m fto n. tn i-H 2 p. m M 7 a. m .Hs 3 p. ni fttf 8 a. in .IS 4 p. m...... Kt 9 a. m nil r p. m M 1 a. m 41 p. m -' 11 a m 44 7 p. m 4-1 13 m 4T K p. m 47 9 p. m 40 TORREY MISSION. LAT WEEK OF REVIVAL. T. W. C. A. Rooms, 12il. to 1, Miss rarker. Auditorium, 3 p. m .. Dr. Torrey, "The Baptism of the Holy Spirit." V W. C. A. Rooms. 7 p. m.. Rev. W. . Jarobr, Personal Work. Auditorium, IflO p. m ., Mr. Unt ie r villi sins; svad Mr. Torrey will p reach. JEROME MAKES BIG RAID Men Charated with Gambling- Reqnlred to Give Renl Names Bsfora Bond Is Accepted. NEW TORK. Dec. 12-Led by District 'Attorney Jerome, the police tonight raided an alleged gambling house In Tenth street nd arrested 145 men. The new tactics of the district attorney were apparently a great surprise not only to the prisoners, but also to the lawyers and bondsmen who flocked to the station I to ball out the prisoners. Fictitious names re often given raJlowmg sucn a ram, dui tonight the district attorney Instructed the th. .latlon to reoulre the sergeant at tne ponce station to require me bnrdsmen to make oath that the prisoners' names and addresses given at the station . correct Altnougn lawyers appeared at tne station house with bondsmen the sergeant re- r ry can, the, bordsmen refused to give ball. The re-I guit was that at a late hour the majority of the 145 men were still held In cells at 1 the station. About thirty policemen, a score of detec tives, two roundsmen and Captain Miles O'Reilly of the Mercer 8treet station par ticipated in the raid. To enter the gambling house several heavy doors were battered down with Iron rails taken from a parsing truck. FORMER SENATOR BROWN DEAD Mrs. Bradley's Defense Will Be Thnt Shooting; was Justified by th Unwritten Law. WASHINGTON. D. C- Dec. 13.-Kormer United States Senator Arthur Brown of Utah, who was shot in his apartments at the Hotel Raleigh Saturday afternoon by Mrs. Anna M. Bradley of Salt Lake City, died at midnight at the Emergency hos pital. Mrs. Bradley will be arraigned In police court tomorrow. One of th assistant dl.trlct attorney, made another fruitless effort tonight to secure an ante-mortem statement, but Sen ator Brown refused to talk. After th autopsy Is performed the body will be taken to Salt Lake City for burial. Mrs. Bradley Is on the verge of collapse and her physicians say that It may be sev eral days before she will be able to be ar- , ralgned In court. Her defense will be' that she was Justified under the "unwritten ' i i .hrwtin nm. , Uw- In shooting Brown. WORK ON THE BIG DYKE Southern Pacific Railway Begins Another Fight to Keep River Ont of Salton Sen. IMPERIAL, Cal.. Dec. 11 Preliminary work was begun this morning by the Southern Pacific railroad for closing the , break ln the Colorado river. A meeting of people of the valley asking them to guar antee the company and the Mexico repub lic against damage claims. In return for which the company will proceed on a larger scaje than ever to control the river anj build dykes to furnish abundant protection for all times. TUNNEL MUST BE ABANDONED Tub Under Chicago Rlvar Is Too Badly Damaared to Permit Repairs. CHICAGO, Dec. 11-It was decided today by engineers employed by the city that the tunnel under the Chicago river at La Salle street must be abandoned. For years the tunnel has been an obstruction to navigation, as Its roofs are so high that deep draft vessels heavily loaded almost Invariably strike Its roof. The War department ordered the tunnel lowered and the work has been In progress i for some time. The engineers, however, have found the roof so badly damaged ' hy the pounding It haa received from I vessels as to be lncjMe of repair and they have therefore recommended It be arjana'jr.ta. . SA LARS' GIFTS GO FREE ' - Stntes Will Carry Christmas Boxes for Enlisted Men With out Charge. WASHINGTON, Dec H-Chrletmaa boxes and parcels for the enlisted men of j ,h navy ,ervln in Cuban waters will be nt.Uv(red without coat If they are ad- ore,g(Si n charge of the depot quarter- , nr Xewport Newn, Va. AJ1 such , piu. ka(rp. ah(Aii be distinctly addresxe . ana plainly marked "Christina. Package, j similar arrangements were recently mad awed (jements were recently made ' for the Philippine service. BAT MASTERSON IN CONTEMPT With Tw lien York Editor He la Aeensed of Circulating; Pais Report. NEW YORK. Dec. 12 -William B. tB taken fro.n th Jail to.Uy by t-i.eriff kuxk at-i a deputy and 'Hnrd t'r auim rn Hiaie pns-,n ui n" n. i lls , waiting at the rullriai station Giilstt J ..rrouJ.ded by a vlvwd tyf tosi. HOWELL IS GUILTY Head of Omaha Coal Exchaan Convicted of lestraiat of Tiade. JURY DELIBERATES TH:RTY-FIVE HOURS Verdiat Cornea After Hop of Agreement liad Been Gmn Up. CASE MAY BE TAKEN TO SUPREME COURT Defence Indioatea it Will Eeek EeTtreal la Eicher Body. J. A. SUNDERLAND TO BE TRIED MONDAY Speedy Hearing Promised Remainder of Coal Exehann Leader. Wh Are Indicted with Presi dent Ilowell. "We, th Jury, duly lmpaald a worn to well and truly try and tru dsllTerauc mate between th state of ltsbraaka and lamusl X. Mowsll, th prisoner at the bar, do Had th .aid de fendant guilty of restraint of trad, as he stand, charged ln the information." Chronology of Coal Cnses. September 8 County Attorney Slabaugh asks for grand Jury. September 10 District Judges call grand Jury. September 21 Injunction suit brought by county attorney preventing continuance of Omaha and South Omaha CVal exchange, and enjoining removal or destruction oi books nnd records of the exchange. October 1 Grand Jury begins Investiga tion. October 12 Depositions of Secretaries Wills and Ostrom taken and copies of Im portant documents made. October 23 Grand Jury returns Indict ments. November O Indicted coal dealers ar raigned. December S Samuel E. Howell, president of exchange, pleads not guilty. December 5 Jury selected to try Howell. December 10 Case given to Jury. December 12 Jury returns verdict Ot guilty. Byron R. Hastings, real estate, 351 Dodge. Thomas Gillespie, ex-llquor dealer, Trlrty-elghth and L. South Omaha. Charles L. Hooper, advertising noveltlea, 2t20 North Nineteenth avenue. Henry Alexander, dining car cook, 11 South Tenth. N. E. Dlllrance, horse dealer, boards at Karbach. Dennis Sheean, Union Pacific car repairer, 1704 South Thirteenth. Frank Lynch, cook. 1120 Dodge. Anton Dokulil, 4139 South Seventeenth. J. H. Muldoon, engine foreman, 2216 Cali fornia. E. B. Brain, manager Omaha School Sup ply company. 1547 South Twenty-eighth. J. F. Willett, Inspector water company, 24 Caldwell. L. M. Cash, salesman National Cash Reg ister company, 112 North Twenty-fourth. After thirty-five hours of almost cease less deliberation the Jury ln the first of the Coal trust cases retaraed th.1. verdict Into Judge Sutton", court Wednesday morning at : o'clock. The fact n verdict was reached at all after two nights and a day of fruitless work on the part of the Juror, surprised everybody connected with the case. The defense gave notice It would tile a motion for a new trial and Indicated it would cary the case to the supreme court. If necessary, in an endeavor to have the verdict set aside. The twelve Jurors, wan and tired from the long vigil, were granted excuse, from further service by Judge Sutton a. soon a. the formalities of returning the verdict had been completed. They all expressed great satisfaction that the arduous case was over and gathering up their overcoats and bundles hurried home to make up th sleep the have lost. Contest Over the Result. The contest ln the Jury room was a hard, one. according to hints that leaked out during the morning. The first ballot stood 7 to for conviction, but after a little dis cussion two of the five deserted to the ma jority and for the rest of the long session the vote continued to J- It stood at thi. point most of Tuesday and Tuesday night. The juror, worked until late Tuesday night and then settled down on chairs, bench, and table, as best they could to get som sleep. At 6 o'clock Wednesday morning the balloting began again and still the three hung out. The Juror, went to break fast with no evidence of a break ln the deadlock. On their return from the morn ing meal another ballot waa taken and two more went to the side of the prosecution, making the vote stand 11 to L One mors ballot resulted ln the agreement. The verdict was reached about o'clock anu the defendant and his attorney, wsr at once summoned by telephone to hear th result. At 9:40 the Jurors, looking much the worse for the hours spent In the Jury room, filed Into court and took their place ln the box. Foreman Edwin B. Brain handed the verdict to Bailiff Klrkendall, who passed It to Deputy District Clerk Gallagher, who read it. Deep disappoint ment was written ail over the face, of th eight or ten coal men who were In th court room when they heard th word "guilty." Up to that time they bad ex pressed themselves as confident of an ac quittal. Dtfeas Demands Poll of Jury. J. F. Stout, representing the defendant, askci that the Jury be polled and In reply to tn questions of the district clerk all of them declared they had agreed to the Verdict and still adhered to It. "Gentlemen of the Jury." said Judge Sat ton after the formality had been fin ished, "the court realizes thi. haa been a very hard and laborious trial for the ' Jurors. It has probably seemed hard to i the Jurors that thi y should have been ! locked up during tha case. Ti.ls Is ths flrt j jury for some time that has been out two : cor.tlriuous nights. Jurors ars like soldiers. They have to make many sacrifices for ; their country. I believe the sweetest memories of old soldiers are of tb. liard- tin anrl nrlvatlons thev have undergone. j I am satisfied that us years go by you will ' look back upon this service and It will 1 fclve you i.J little sa.tlHfuctlon to recall tho hatdships you went through In the service of the slat'!." Judge button said he would excuse any 1 of the Jurors, who wanted to go horn. ' All of them made application, to be re- he 1 from further service. r. Howell, the defendant, g-.vs a bond fur 10.'") signed by John E. Von Dorn. The maximum penalty that can b Im posed Is a fine of tt.irtt or on year". Im prisonment or both In th discretion of th court. Sentence will not be pronounced until the motion for a new trial has been passed on. which will probably not b for a week or two at least. Triumph f.r Mahaunk. The veidlit Is considered an Important victory for County Attorney Bl-baugh and his slaO. ii U recelvlutf CuugraluiaUvise
