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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 18, 1906)
he Omaha Daily
VOL. XXXVI-NO. 157.
OMAHA, TUESDAY MORXIXti, DLCKMHKIl 18, W Hi-TWELVE PAGES.
SINGLE COPY THREE CENTS.
WALCOTT GETS OUT
One Land Man Whoie Kame ii Stricken
from the Indictment,
LONE WITNESS TESTIFIES AGAINST HIM
Motion to Rtleane Other Defendants Oivt
rultd bj Jndee lluieer.
GENERAL DEMURRER UNDER ADVISEMENT
Attorney fo? Defenie Fronounoes Prosecu
tion Baseless, Leeally and Morally.
GOVERNMENT RESTS CASE EARLY IN DAY
Court Overrates Motion of Drfcnnt
to Compel Prosecution to Kleet
Which Coast It Wast
The government rested, the name of F. M.
Walcott was stricken from the Indictment,
the court overruled a motion to compel the
prosecution to elect which count It would
demand conviction on, pvl-i ruled a motion
for the court to order a verdict of acquit
tal for each defondant, the court continued
consideration of a general demurrer by the
defense and Judge Crltes of counsel lor
defense declared "the prosecution, no mat
ter by whom Instituted, is baseless under
law and moral principle" these were the
vital developments arid features In the
big land trial before Judge Munger yester
day. "The government rests."
Such waa fe announcement of Special
United State District Attorney Rush at
11:07 a. m. McViday, being the twenty-fifth
day of the big land trial In which these
are the defendants: Bartlett Richards,
president; Wilt O. Comstock, vice presi
dent; Charles C. Jameson, secretary und
treasurer of the Nebraska Land and Feed
ing company; Thomas M. Huntington, pres
ident of the Maverick Loan and Trust com
pany of Gordon; Aqullla Trlpletl, agent for
Richards and Comstock, and F. M. Wal
cott, the alleged agent and attorney for
the Nebraska Land and Feeding company
at Valentine. They are charged In a 500
paga Indictment of conspiracy to defraud
the ttovernment out of title to a large
quantity of public lands by means of fraud
ulent filings and entries and for conspiracy
to suborn perjury In these several matters.
Court Overrates Crltes.
At the beginning of the afternoon session
Judge Crltes of counsel for the defense
moved that the government be required to
elect which of the counts It would demand
conviction upon. Judge Munger overruled
Judge CrUe then read a general demurrer
to tlje Indictment and aaked that a verdict
of acquittal be ordered for each C' the
defendants on the ground that each of J.he
counts charges the same general con
spiracy, "and that the government haa not
produced one particle of proof of con
spiracy. In count 31 of the Indictment the
government hastened completely to estab
lish proof of forgery In the matter of the
declaratory statements and that the ae
fendant, F. M. Walcott, has not beer, shown
In any Way to be connected with the av
leged conspiracy or forgery; that counts
31 to 87 charge the subornation or per
Jury and that no proof has been produced
to substantiate the allegation, ana iuruici,
that the alleged act of conspiracy cannot,
be split up into several offenses as ap
pears In the Indictment, holding that this
conspiracy was entered Into on June at,
Judge Crltes cited several ca8 In sup
port of his contention and nota y one from
Wisconsin where the same r ; rul features
enter as In the case at and whereby
a decision was rendered allowing that an
agreement to lease the land as part of the
conditions for money advanced for the
entry expense was not unlawful.
Overt Aot Renewal of Plot.
The court held that the overt act was
a renewal of the conspiracy and that It
was true a man cannot be punished more
than once for the same offense. The court
"The offense In the case at bar lies In
the agreement prior to the accompliahment
of the overt act. The motion is therefore
Mr. Brome of counsel for the defense
moved that the Jury be Instructed to re
turn a verdict of not guilty, from the fact
that the evidence is not sufficient In law
to warrant a conviction on any of the
counts and that this action was made for
and on behe'.f of each of the defendants
The court did not pass on this motion.
Judge Crlbw then renewed bis motion
that the name of F. M. Walcott be Btrlcken
from the indictment, as no evidence hud
been produced connecting him In any way
with the conspiracy or alleged forgery.
I'non this motion Judge Hunger said:
"There has been but one witness who
has connected Mr. Walcutt's name In this
matter and I must, for the present, sus
tain the motion at to the derenaani, wai
Similar Motion for Others.
Judas Crltes made a similar motion as
.h defendant. Rartltlt Richards, Ull
r: Comstock. Charles C. Jameson and
Aqullla Triplett. He then entered Into a
twolonged argument, sustained by numerous
.,.h,,ritles. bearing upon the various feat-
of the case and the complicity of
.u .lefendai.ts in tne conspiracy, as al
in the indictment. On the subject of
the procurement of leases on the land from
the entrymen. he "id:
"The leases given do not operate as a
vitiation of the entry. The purtiea enter
ing the land supjosea mat inn nu
. . .. u- imi. It has been frs-
right to " ' -, ,-iv.n on
Quently shown that a mortgage given on
s, homestead prluf to final proof was a
lawful traneactlctt and the morlaguge la
... . . euuivalent to t lease.
tnis - ..I
him ni I
and rami principle."
Rash Aaalaat Motloa.
Mr. Rush argutd against the motloa
, t J ,
n-k... marlffuge were given iu ni
" - . Riran nee. w.ai a meeting or me con-
entrymeu to , nl' ""VXT influe d the '.rogation -I Propaganda held today ' -country ,v',d by our line buTwe ' or the United States held to be unconstltu
trlor depart.... ut lias ' B"UB1 a. Guertln. rector of St. Anthony, nece.rie""" ii mI'?t tlonal the Agriculture department's quaran
, r.7 ul v.tln . d t Zun7 church. Manchester. N. H., was recom- and w,U continue to do a ' a , can tine order because the line t.xea ny u was
equivalent to "law h t oT mended to the pope for appointment as P"'' Th. company Va li zed a made applicable to the state as well as to
tlon has been let Into the law by the de- " "a uUKhsr diocese I was inP.'lv i i 'ii"1 the f'Jtl the interstate movement of cattle. The
partn.ent ttflr. A lease I. not sn alleua- blslo-p ot Manchester dlo.esc. Wr?erai' I increase lii'Tu -nd thut tho . court s (1nion. announced by Justice Day,
floB of h. Und. particularly where no KevolQ,lolll.,. Arr,etl. a tS uiZr .' ""ding of the circuit court
sgreemcnt Las beer, made to sell the land v Di;c i;.Tnll.,y member, of j er 4t ,hat , &f t.arlu,e cou Kentucky
'.Mtr.hTa procure nor Vol. I pro! the revolutionary fl.l.ting organization were Jnd'.o , Tnia' arSrc. ITiu ' The CjSe Ut U 'V
prohlblts this P"'ctl' "0r,..". f'" arrested today In the HUmanoff quarter hl'!k the rellm,n .lven , yJi?, niude by Ednafds & M.-Kendree
rrf,unc. It a crime. In ler these decision. stoc ; f- rtlnary detayl m,.vlg.K, against the railroad company on account
these 7d7'' "V'" on no matter by Xon. dynamite and bomb, were .elxed. ' cerneS The 'oMtV'Tn "ido , f 'h -"traction of Texas fever by c.ttl.
frnse aM this- rro-e. u.i on no Wtt5hln , u fa nZn"u,h c, owned by them through contact with cattle
whom nstmuru. i .io ! u.n '"" proa uced to sunnlv nrr,,..ti .v... i v. ,..,i,.i ,nl. t.v ti,.. rait-
"Tt.i allegutlon of the Indictment rel- ! wer, returning to the warship.
atl to the conspiracy and In all Its point. .
anj counts ha. teen abundantly sustained Alleard Forger Taken,
by .he proefs .ubiultird. The time fori I8 ANGKI.ES. oi. Dec. 17. Chsrle. F.
aor ilrtr.g the title to the land has not I Ki'trr, wanted In Colun bus, O., on th
tr arrived. The conspiracy was to dr-
' (Couliuued sa Becond Pace.)
HAMBURG LINER AGROUND
Prlnsessln Victoria I. Blue Strand's Off
Klnastnn, Jsmftlcn, anil Cap
tain Kills Himself.
KINGSTON, Jamaica, Dec. 17. -The
Hamburg-American lit:e tourist ste:tmcr
Prlnzessin Victoria Ltilsc, from New York
December 12 for this port, went ashore Inst
night off I'ort Royal, while on Its way
back to New, York. The passengers were
lanued here safely. todny.
Captain flrulnswlg, ln was In charge
of the Victoria Lulsc when It struck, com
mitted suicide by blowing out his brain.
The Victoria Lulse Is pounding1 heavily
and the seas are breaking over it, K
hopes are entertained thnt It will be sav
It Is reeling on a rocky lclge.
In accounting for the stranding of the
steamer It is explained that It was without
a pilot and the captain In charge had fol
lowed the wrong cour.se and piled It Up
on the rocks Just "inder the lighthouse.
Two hours later the captiln locked himself
In his cabin and blew out his brains. Tim
officers of the ship and the German consul
here mado Ineffectual efforts to hush up
the news of the tragedy. The local police
are arranging to take charge of the body
and perform an autopsy. The body probably
will be sent to New York for burial.
When the Victoria Lulse ran on the
rocks the sea wan calm, the present heavy
weather coming up later. The passengers
were panic stricken until it was learned
thnt there was no Immediate dangir. The
officers succeeded In restoring order nnd
the transfer of the passengers to Kings
ton was effected without accident.
The . Trincessln VletorlaLulse was
launched at Hamburg In 19O0, and Is 4,419
gross tons. It was designed and built as
a cruising yacht. All of its appointments
are after the most approved modern plans.
It carried first-class passengers only and
hiuj been utilized In the excursion business
EDUCATION BILL REVIVIFIED
Indications That Ilrltlsh Lords and
Commons Will Reach an
LONDON, Dec. 17. When the educational
hill, amended by the House of Lords, sent
back to the House of Commons and re
turned hv thnt hnHv to thp linnpr branch
reached the lords tou .y. the earl of Crewe,
lord president of the council, announced 1
that tlie government was not prepared to
sacrifice the main prinrl ;es of the bill,
but that with certain modifications the
most Important points might be agreed
upon In order to enable the bill to become
a law. Lord Crewe added that concesirtona
of a substantial character would be made.
In view of this announcement the House
of Lords consented to an adjournment of
the debate In order to enable the leaders
to reach an agreement.
The crisis arising from the educational
Mil has taken a new turn as a result of
today's proceedings In the House of Lords
and It is becoming clear that a historic
conflict between the two houses Is not
likely to occur over the question of educa
tion. Tho fact In that both houses are
equally desirous of avoiding a conflict and
Immediately after I-ord Crewe's announce
ment It wan f iryren in all probability the
bill would be f'ied.
SUPERIORITY OF ASIATICS
Former Minister of Italian Treasury
Tells of Thrlr Toleration
ROME, Dec. 17. Slgnor Luzzatl, ex-
minister of the treasury, delivered a lecture
at the university here today on the "Su
perlorlty of Ancient , and Modern Asiatic
Races Over the White Races in the Matter
of Religious Toleration and Liberty of Con
science." During the course of his remarks he re
ferred to Japan as the country where
those principles of toleration had reached
the highest standard. Those present, who
Included many students and local nota
bilities. Including the Japanese minister
and the Marquis Viscount Costa, ex-minis
ter of foreign affairs, applauded the speaker
enthusiastically. The students Immediately ! scarcity Is not due to want of cars. Thou
, , , A ' . . . , . . . , sands of empty cars have been moving from
decided to act, contrary to the principles ?anal"'d "? y1k(, 8umvlor to the irrain
sot forth by Signor Luszatl, by organlza-
fi., Horonncti-oiirxxi mrsiinut l h Vatican
and in sympathy with the action of the
r icavu bu ' 1llclh
RAISOULI LAYS DOWN LAW
Warships Mast 1T " Tangier
Five Days or Trouble
PARIS. Dec. 17. Raisoull. the bandit
chlt-f who has terrorized the people re-
ling In the vicinity of Tangier, Morocco,
n ... i.K.rvi..
s. nrcordlng to an interUew published
re today, Indulged In open threats
against the French and Spanish residents.
will not tolerate the presence of foreign
warships at Tangier, adding:
I have writ-
ton to the authorities at Fez and will write
to the legations, notifying them that be
IM , . , . .
fore the expiration of five days the war
ships must depart."
KING OSCAR IS
Recovery is Expected to II
bat He Passes Quiet
BTOCKHOLM. Sweden, Dec. 17. King
Oscar continues to improve. His general
condition this morning is noticeably better.
His recovery, however. Is expected to be
The following bulletin wa Issued today
"X '"-J"'' - ..,.....-.
The king passed a good quiet night. His
I (irilture iB M the action sf the heart
j la s(rongi.r nd the mucus In the trachea
has not Increased.
k,i niakon Reroiuineadeit.
i PORTSMOl'TH, Kngtand. Dec. 17.-Nlne
sailors belonging lo tne crew or the battle
of i,ip Hluduston were drowned today owing
to ine upuc.ung or s i-uiwr in m nicn tney
ccaiae of iiutulng a f urged note fur tnui.
was arrented last night and will te held
until the arrival of an ollicer from Colum
...... i nrra..rt H ..... ... -' . . . ' ' v- i'i"Bm v ... - '
RAILROADS WILL MOVE COAL
Fnel Famine in the Northwest to Ee
Sreken Withii Twenty-four Honrs.
INTERSTATE COMMERCE COMMISSION ACTS
o thrrn PselAe anil
eyr Tromlse lnime
yv'j. '.1 Replies from
y?" ..Ilroad Presidents.
,0v XAPOLIS. T-c. 17. The fuel
'-' .'. of the northwest will be broken
-i!n twenty-four hours as a result of
.ip Interstate Commerce commission's In-
o.ulry In this city today. The commission
was represented by James S. Harlan of
Chicago and Franklin K. Lane of San
Mr. Lane Is taking personal charge of
the fuel famine inquiry, while Mr. Harlan
Is encaged in the or shortage Inquiry. It
decided that since the fuel ..mine was
the most Important, there being already
many reports at hand of suffering from the
cold in North Dakota. It should bo the
first to be handled and settled.. Mr. Lane
questioned K. C. Rianrhnrd, division super
intendent of the Northern Pacini: at Duluth,
and D. M. Phllhln, assistant general agent
of the Oreat Northern at Duluth, tod-ty.
Refore Mr. Lane had llnfshed his examina
tion of the witnesses both had promised
that relief would be forthcoming within
the next twenty-four hours and orders
have been given to rush coal to the sufter
Ing towns, all other traffic being made sec
ondary until supplies shall have been fur
nished. It puzzled the attorneys and Judges of the
commission in the afternoon session why
It was that It took a freight car on the
average about thirteen days to make a
trip that could be made at a ten-mile rate
In twenty-five hours.
Freight Moves One Mile an Hoar.
E. C. Blanchard, division superintendent
of the Northern Pacific at Duluth, by
whose testimony this situation was brought
out, explained it by stating that hot boxes
frequently delayed the progress of a car
and that various other causes contributed
to the delay of the car In transit. Accord
ing to the testimony of the Northern Pa
cific official, it would not be uncommon
for a freight car to move from point to
P"lnt at t,", rate 01 a 111110 less lnan a
mile an hour.
He stated that there was an increase In
shipments in every commodity grain,
lumber from the coast, merchandise, coke,
coal and wood products.
Judge Lane asked the witness for how
long a period of the year It took such a
very long time as from ten to thirteen days
to move a freight car 250 miles, and he
was told that the conditions were most
unfavorable to speed during September,
October and November.
"And you know about tills every year,
don't you?" asked Judge Lane.
"Yes, we expect It," was the reply.
"You have nine months to prepure for It,"
stated the court.
"Yes, we try to do our best," was the
anawer of Superintendent Blanchard.
Telegrams From Hnllroud Presidents.
WASHINGTON. Dec717Thro more re
sponses have come to the Interstate Com
merce commission from Northwestern rail
roads in response to Chairman Kn;.pp s tel
egram of lost wi;k, calling attentl- n to the
reported shortage in cars nnd the com
plaint of a lack of transportation for the
necessities of life and of fuel. From the
information conveyed by the railroad com
panics today the commissioners express the
opinion thut one cause for the shortage in
fuel Is that the dealers have not stored up
In advance sufficient quantities for the win-
tei-'s supply, but have .ordered only sufll-
cient Bupply to last from day to day. Re
plies were made public today from Presi
dent Hill of the Great Northern. President
A. J. E;irllng of the Chicago, Milwaukee &
St. Paul and President Howard Elliott of
the Northern Pacific company.
Hill Ulanies Shippers.
Following is the message from Mr. Hill:
Replying to your message repeated from
St. I'uul to New York: Am on my way to
St. Paul to meet commissioners now. Coal
fields all fall, and the coal ordered by local
rleuiers has been only sufficient to supply
j SlorillR, Willi lim lllKMIIuiiiritTi mnow riip.
Snowdrifts around stations from six to nr-
teen feet deep have temporarily blocked
railroads. Special trains of coal having
right of way over all other traffic are b. lng
snt and road Is being opened as fa- t a
cuiidltions will nllow. The fuel difficulty
s teinKirary and Is being rapidly n me-
ii.i -ri, Ucnurui ..nrti.i,, u,.ivinn- in Bu
trattlc Is due to the rapid increase In ten-
nage to be moved. Owing to difticu'ties in
disposing of freight at terminals the ay-
Arimu j T" m nvuttmn t vhHab frn trt nit a An fn
tlilnv mllea a dav. Our Increase In loco-
1 motives and cars since last spring is from
16 to 17 per cent In number and mo e than
that in capacity, which, with i. asonable op -
portunity to move, would amply tak cuie
I of the traffic, inability to secure lalT at
any price has badly delayed the conipl
,T HiiomonHI ninln trw'Ua M n.l t..rml-
nals. We have orders for new locomotives
! to lw delivered between now and June 1 for
?.Pe,r. lent lncrr '"", '.! capacity '' f ,l0
iieiui. i-iir ui ne ue.uverea oetween jan-
tlarv and Hftitemtier. 4i,u.tv r th hitir
is aii.mi tons. However, relief can ii.ly
come through Increase In doubli- track anil
covS neVt XZyjXl
vide additional tracks, terminals, equip-
merU and new lines when tratlie is heaviest. '
- ,. . 'f'8"1 JAM ES J. HILL. !
flowing Is President Barling's message: '
p,.?.eoenh,he nof tne'l'Srag'o" waT
aee & St. Paul railroad greater thun usua.ly
occurs in the fall movement of ciopa east-
ard and merchandise and fuel westbound. 1
, mi- uiuiivo power or me company has been
I ; sufficient to move all it. trimprom vtly.
'. 'lhere has been no failure or unusual delay
In transporting fuel or other necessities of
mo. OTuveiiiciii ui mei nas naa preference
" 1 nrri 11 iramc rOT me II
. - luuuuueo. as loiiar
as necessity may exist. '
(Signed) A. J. EARL1NQ.
Dealers Advise to Hur Kurly
President Howard Elliott of the Northern
Pue rto Railway company telegra, J
commibslon from St. Louis a. follow.-
There Is a noardtv f r..ni i
, time furnish the" raili ad with ruel'T
- "m "peraiio-.i or ta trains. Then in No.
' MrwL' Pr'
1 1 1 V . . ltl
Increased I of Furl
cuIUyN'?.rbLlr?k"-lnd Mlnn-''i he diffl
cuity in p-irt .a due to trying to move
tCoutluued on Second pgg.)
ruoas in and ab-iut I tlonal quarantine to prevent the sriread or
llUUrit.llrUJ dmjii tr.A, ,
that trains could not im,v nlV iZ "'Infectious diseases among live sio.k. r e
portant parts of the road for more than 1 Carlisle county court awarded damage, and
mire's could nnfXefXl?1"1 f'''.th' "lll'a1 company sppfaled the case,
damage complicated the iim-ii,,., claiming the law to be unconstitutional In
INSURANCE ELECTIONS TODAY
Poller Holders of lils; Companies Will
Ballot for ew Board of
NEW YORK. Dee. 17. The election of
trustees for the New York Life, the Mu
tual Life, the Mutual Reserve IJfe Insur
ance companies oc.d the Kquitablc Llfi
Assurance society mill take place tomorrow
at the home ofilces of the companies In
this city. The polls will be open from ID
a. m. to 4 p. m., and Immediately after the
polls are chwd ti e task of counting the
ballots and proxies will begin.
There has been no contest In the Equit
able and Mutual Reserve and the election
of their administration tickets Is a cer
tainty, but a remarkable campaign has
been wag-cd among the policyholders of the
New York Life and the M.itual Life for
control of the affairs of" those two com
panies. It is estimated that more than 400 000
votes will be cast In the New Y'ork Life
election and about 860,000 In the Mutual
Life. It Is expected that It will require
several weeks to count the ballots and that
the courts will be resorted to on many
occasions to settle the validity of votes
9iid proxies. Otto Kelsey, superintendent
of Insurance, today appointed these in
spectors, who will supervise the counting'
of the ballots in the two contests:
For the Mutual Alexander iRlce McKlm,
architect; J. Bayard I'ackus, lawyer; Jo
seph A. Arnold, George 8. Ludlow, lawyer;
Melvln H. Dahlberg, lawyer, all of this
For the New York Life J. Earle Law-she,
lawyer; Alphnnse U. Koelble. Frederick W.
Marks, merchant; Robert Seldon Muse, law
yer, of this city, rind Kills Guy Klnkead,
lawyer, of Cincinnati.
It was nnnounced tonight by the Interna
tional policyholders' committee that Its
general counsel, Samuel I'ntermyer, would
serve as a watcher tomorrow at the New
Y'ork Life polls and thnt Louis Marshall
would net In a similar caraclty at the
Mutual polls. It was stated also that Mr.
I'ntermyer would make a protest at the
opening of the polls of the New Y'ork Life
against the receiving of certain proxies by
agents of that company.
KIM WELL 0UT0F ASYLUM
Former Bank Cashier Declared
Sane by a Jnry In New
NEW YORK, Dec. 17. George J. K!m
mell. former casrler of the Farmers' bank
Qf Arkansas City, Kan., who has boen an
Inmate of the Insane isylum at Matte
wan, today was declared by a Jury In the
supreme court at White Plains to be of
Klmmell was sent to the Insane asylum
under the name of Andrew WhITe. He
had been convicted of larceny nnd was
committed to the asylum as demented.
Klmmell disappeared- while cashier of the
Arkansas bank of Arkansas City, after
which he was alleged to have defaulted.
At that time he had three policies In the
New Y'ork Life company for J25.0OO. Miss
Edna K. Donslett, a sister of Klmmell,
was named as beneficiary in the policlep
and after her brother had been missing
for seven years she made a claim to the
money, declurlnfr t iat he was legally dead,
but the Insurance company had detectives
fcearchlng for him, with the result that
he was finally located In the lunatic asylum.
ST. LOUIS, Dec. 17. After a trial lasting
for almost a week a Jury In the L'nlted
States circuit court here rendered a verdict
on October 5 last In favor of George C.
Rankin, plaintiff, in his suit ugaiiiat the
New Y'ork Life Insurance company to re-
' cover tl.TM Insurance on the life of Georgo
A. Kimmel. Kimmel was the former presi-
dent and cashier of the Farmers' State
bank of Arkansas City, Kan., and dlaap-
peared on July 31, IK'S. In contesting the
suit the Insurance company set up the
claim that Kimmel was not dead, but was
inmate In the Mattewan Asylum for the
Criminal Insane in New Y'ork under the
name of Andrew J. White.
TWO GIRLS DIE OF POISON
Chlraico Coroner Examines Bodies
of Members of Vseal Family
Who Die Suddenly.
CHICAGO, Deo. 17. Poison was recpon-
ible for the death of at least two of the
zral family In this city, six of whom dk'd
within a few months of each other In the
year. Herman Bllllk, a fortune teller. Is
. " J' - V , " ,'B
; Istered poison to the family so the mother
now in )iul on a charge or Having aitnun-
of the dead could collect the Insurance
, Mrj, vzral waj found He-id In her
!nont,y- Mn- vzrai'was rounu ae.ut in ner
j homo two weeks ago. a few hours after
i an investigation into the cause of the
doBth of the otller menibers of the family
! wa begun.
At first It was believed she i
; committed suicide, b
i lni nninton that th
! t,,P 'P ' ' , " ,
faused the deatn or
e, but the police are of
the same agency that
the children caused i
j Positive evidence of
the presence of
, l"'l" t"e Internal organs or r.lla ana
j Mary, two of the daughters of Mrs. Vzral,
I whose bodies were exhumed last week, was
discovered today by Prof. Walter M.
Haines of the Ruch Medical college and
pr Lewke of tho coroner's staff. Arsenic
fU"d ,h "V7 a"J 'tT,h ?'
both victims In sufficient quantities to
Aft hearinr from the physicians tonight
Coroner Hoffman said the bodies of the
her member, of the family would be ex-
humed and an examination made for traces
QUARANTINE ORDER INVALID
supreme Court Declares Wilson's
Role I 'constitutional, as It
Affects State Commerce.
" . J ...
1 WASHINGTON, Dec. I..-In deciding the
' ' nt1 "
, I"' ttalnst T' G' Edward8 and J' 1 " M:
' Kenaree or " -
' roaJ- 'l'ho ult was Instituted under th-
act of congrcs in Vw, authorizing a na-
that It delegated too much power to the
secretary of agriculture In allowing him
to fix lines. The decision distinctly hold
the set of the secretary Invalid bcause of
Its iuterferecve with Interstate commerce.
HOWE'S TITLE NOW CLEAR
Senate Cenfirmi His Nominction, Also
That of B. IL Earrows.
OMAHA INDIAN DEPOT PROVIDED FOR
Congressman Cashmaa In All Proba
bility Cannot Accept Invitation to
spesk In Omaha on Wash
(From a Staff Correspondent.)
WASHINGTON. Dec. 17. (Special Tele
gram., Having anticipated the name of
E L. Howe being sent to the senate today,
Congressman Kennedy not only asked tho
assistance of the Nebraska senators, but
saw Senator Penrose, chairman of the
post office committee of the senate, with
a view of bringing about the earlles-t con
firmation possible. I'sually nomlnatl. ns
for postmastershlps of a presidential cluss
go over for at loait one day, but In this
case, where one name was sent In for
the South Omaha postmaotershlp and with
drawn for that of another, the senate com
mittee on postofflce saw no reason to de
bate tho question in committee, and when
the name appeared confirmation followed.
While somewhat of an unusual proceeding,
everybody In tho senate seemed to think
that the proper way to settle matters
was to confirm Mr. Howe's appointment
at once without reference to the commit
tee, and this was accordingly done.
Mr. Kennedy was congratulated by his
many friends In congress In having his
nominee selected after another nomination
had been sent In.
Mr. B. H. Barrows, at the same time, I
was confirmed as surveyor of customs
of the port of Omaha.
Cash for Omaha Indian Depot.
While tho house was considering the In
dian appropriation bill today, the item up-
proprtatlng money for Indian supfly depots !
throughout the country was reached, the
bill this year carrying a lump sum for '
several Indian depots. Mr. Kennedy asked
the question whether the Omaha Indian
supply depot was to bo maintained witft
the same liberality during tho next fiscal
year. He called attention to the fact that , ness Interests of the company. While a
he had to fight last year, not only with the , state may not compel a railroad company
committee, but later in the house to get to do business at a loss, and while a rall
an appropriation of 110,000 to carry on the ! road company may Insist ns against the
work there. This year the Indian affairs power of the state, upon the right to es
committee had decided to give the com- i tabllsh such rates as will afford reason
misyloner of Indian affairs a lump sum to I nble compensation for the services ren
carry on the work of several depots New ' dered, yet when It voluntarily establishes
York, Chicago, St. Louis, Omaha and San local rates for some shippers It cannot re-
I-Ynnclsco and he wanted to know whether
Omaha was to have the same treatment
as accorded it last year. Mr. Sherman,
chairman of the Indian affairs commit
tee, stated, In reply to Mr. Kennedy s ques-
tion, that a lump sum given to all Indian !
supply depots Included Omaha on a basis
as liberal as last year, or even more so.
If the business warranted. Mr. Sherman
further said that, should the business In
crease In Omaha, as he believed It would,
a larger sum of money would be available
at that point, calling the attention of the
house to the fact that the Omaha depot
had greatly Increased Its business during
the past fiscal year and that It was the
Intention of the Indian bureau to stlfl
furthef use" Omaha as a medium of sup
plies. Cnshman Mas- Not Com.
Representative Francis Cusbman of
Washington has been Invited to address
, the Omaha club on Washington's birthday,
'. Today Representative Kennedy saw Mr.
i Oushman In order to clinch the invitation.
j but the congressman fought shy of making
a definite t : ..mlse. Much as he would like
j to go to Omaha, he having started In hla
i legal career In Holt county, Nebraska, Mr.
i Cushmnn said today to Mr. Kennedy that
j be wus afraid he could not see his way
I clear to accept, Washington's birthday
: coming so near to tho end of the session,
; He asked, however, that the date be held
: open until after the holidays. In the mean
time he thought the club should not lose
an opportunity to secure some other speukar
Chapman Appeal Dismissed.
The supreme court today dismissed, for
want of Jurisdiction, the caso of Hiram T.
Chapman, plaintiff In error, against Flor
ence Elliott Chapman, on appeal from the
supreme court of Nebraska. This suit
originated In Cedar county, Nebraska,
wherein Mrs. Chapman sued her liuslmnd
for maintenance and support. The Juds
ment of the trial court was In favor of the
plaintiff, and she was awarded tlOOno for
maintenance. On a writ of error to the
, Hupreme court that court reversed the Judg-
... . ., . e i.A ......... v. . i .-. c .1
' , . . . .
. trmt )ne tr ai (.ourt k1wj errva in awarding
: a ,ump um of ilo m for nmintenance in
stead of awarding amounts to be paid
periodically, and sent tho case back to the
district court for Inatrtictlnna "t, r..altu
j Buch ad(mlonal evl(lrnce pertlnPnt to 1P
i subject of alimony as may be offered by
either party and to award to plaintiff such
sum. to be paid to her periodically by
defendant, as Bhall appear to be within h's
ability to pay and to be adequate for suit
Conductors Kile Protest.
Representative Kennedy today presented
resolutions ndoptcd by the North Platte
division of the railway conductors protest
ing against the passage of the LaFollette
bill limiting the hours of labor for railway
Congressman Klnkrld today recommend
ed for postmaster at Mitchell, Scott's Bluff
county. C. H. Blackburn, vice L. S. Russell,
Pollard Profits by Experience.
Congressman Pollard Introduced a bill
today amending section 51, revised statutes.
relating to the pay of members of congress
to fill vacancies as follows: Whenever a
vacancy occurs in either house of con
gress, by death or otherwise, of any mem
ber or delegate elected or appointed thereto
the person elected or appointed to fill such
vacancy shall be compensated and pa'd
from and Including the date of his election
Millard "tarts for Home.
5-nntor Millard left Washington this
afternoon for Omaha and will not return
to the capital until about January 7.
Burkett to Talk la Pittsburg:.
Senator Lurkett leaves tomorrow night
for Pittsburg, where he Is to address tha
International Reform bureau on the theme,
"The Measure of Men."
Omaha Women at Capital.
Senator Millard and Representative Ken-
nedy entertained Mrs. John Patiick and
Miss F.ugtula Brown of Omaha at lunch-
con today. These women, who have been
Mtfiting In Washington anvral days, were
shown through the capltol building- ty
S'-nator Millurd and Representative Ken-
nedy and this evening left for Omaha.
South Dakota Appropriations.
Senator Klttredge today Introduced the
following bills: Providing an appropriation
of Siio.OcO for the rction of an add t'on
or extension to the postofflce at Bloux
(Continued on Becond Page.)
NEBRASKA WEATHER FORECAST
Fslr and Wnrnirr Tnesday antl
Hoar. !esr. Ho nr. Ilea.
B a, m 1 1 p. m...... to
O a. m O a p. m 14
T a. m ! a p. in It
o it. m 1 1 p. m . . . . . 1.1
tt a. m to .1 p. m IT
III a, m it l p. m 13
11 a. m 1 T p. m in
12 m 13 N p. m i:i
p. hi 12
MISSISSIPPI wins" lawsuit
State Hallway Commission Has Hlsbt
to Kn force ftqaare'Deal on
WASHINGTON, Ivc. 17-In the case of
the Alabama & Mississippi Railroad Coin
piuy against the Mississippi Railroad Com
mission, the supreme court rendered a de
cision today In support of the contentions
of the state. The caso Involved the right
of the commission to fix a lint rate of 3'4
cents per mile per 100 pounds on carload
lots of grain from Vlcksbuig to Meridian,
both In Mississippi. The water rate to
Vlcksbtirg figured in the case, but the
action of the commission in making the
mte was based uon the allegation that
the Vlcksburg railroad was In the habit
of giving that figure to patrons, who also
gave their business to the Shreveport ft
Pacific road, an allied concern, whllo the
rate to other patrons was 10 cents per
1"0 pounds. The Mississippi supreme court
sustained the action of the commissioners
and that finding Is upheld. The opinion
was handed down by Justice Brewer, who
i v e are not construing an act ot the
state of Mississippi or passing upon the
powers which by it are given to the
state railroad commission. The question
we have to consider Is the power of the
state to enforce an equality of local rates
a8 between all parties shipping the same
distance over the same road. That a state
has such power cannot be doubted, and It
cannot be thwarted by any action of a
railroad company which does not Involve
an actual Interstate shipment, although
done with a view of promoting the busl
slst the power of the state to enforce the
same rates for all. The state may insist
upon equality as between all Its citizens,
and that equality cannot be defeated In re
spect to any local shipments by arrange-
ments made with or to favor outside corn-
BAT MASTERSCN IN COURT
Attorney for Writer Holds It la Lepra I
to Comment on Case After
Trial In Over.
HERKIMER. N. Y., Dec. 17. Henry N.
Cary, lubrtsher. and W. , B. Masterson,
special writer of the New' York Morning
Telegraph, were called to Herkimer today
to plead to Indictments charging them with
violating section 143 of the penal code In
printing unfair comment in the Gillette
trial. William E. Lewis, editor of the
paper, is also under indictment, but was
detained in New York by Illness.
When the party reached the court house
papers In an action for contempt were
served on them. This action Is brought by
Jud-e Dovendorf. Clarence J. Shearn, their
attorney, raid: "We shall claim that com
ment on a court trial published after a
trial closes cannot be In contempt."
The article In question was signed "Bat
Maslerson." It appeared on December 9
and called the trial a travesty on Justice,
I Intimating that the Jury was Intimidated
Into bringing In a verdict of murder In the
The defendants made no answer to the
order In court today, but Mr. Shearn made
a motion to have the proceedings dis
missed on the grounds of Insufficiency of
the papers. The motion was denied. Mr.
Shearn told the court that the defense
would be that the article referred to was
not a report of the trial, but merely com
ment on the trial after the trial was closed.
Ho urgued that the statutes did not mean
that a paper could not criticize a court
proceeding after It was cloned. Mr.
Shearn filed demurrers and the case was
put over until tomorrow.
OBJECT TO LAFOLLETTE BILL
Railroads and Employes to Propose
Substitute for Measure Limit
ing; Honrs of Trainmen.
CHICAGO. Dec. 17. A conference .will be
held here tomorrow between railroad offi
cials and the representatives of labor
organizations In order to agrca on a sub
stitute for the IiFullette hill regarding
the employment of men In the train serv
ice, now in congress. Tho railroad com
panies are opposed to the LaFollette meas
ures, because It Imposes a fine of SI. too on
every railroad company nr.d official who
permits an operating employe to remain
on duty more than sixteen consecutive
hour, or to resume work without ten
hours' rest. The labor leaders who will
attend the conference are A. H. Oarrcttson,
for the conductors: John J. Hannuhau, for
the firemen; P. II. Morrlssey, for the train
men, and W. S. Stone, for the englno-rs.
The railroads will be represented by Vice
President J W. Kendrlck of the Santa Fe,
President Fe'.tnn of the Chicago Alton.
Vice President McK'enna of the St. Paul.
Vice President Gardner of the Chicago A
Northwestern, 1'iepldent Wlnrhell of the
Rock Island und Vice President WilKrd
of the Burlington and others
M'CABE'S CONDITION CRITICAL
Methodist Bishop May Xot Survive
Apoplectic Stroke Suffered
NEW YORK, Dec. 17. The condition of
Bishop McCabe of Philadelphia, who was
stricken with appo;, -xy here last week. Is
now regarded as extremely precarious, llj
has not regained ct uscloUHiieas since he
was tuken to1 the hospital und It is said
today, thut he seemed to bu gradually
i Bishop Mi-('Bt' condition took a s rlous
turn for U." worse this afternoon and it
jaa announced at the hospital that death
might be expected at any moment.
Street Cars Hna Slowly.
PORTLAND. Ore. Dec. 17 The street
car company Is using I's tx-t endeavors
to maintain regular triiie in the system
tday, but Is meeilnif with onlv alr suc
cess. The strikers say today that a vie.
torv Is In sight, while the corporation per
sists that It will not surrender. No cerlou
disorders bavs been lported today.
iNT ON CAJ
Special Me?e of Chief Eiecutitt Tell.
of Observations on the Isthmus.
FOUNDATION FOR WORK IS WELL LAID
Tjpe Selected Has Already Been Eh own t
Be Eieht On.
SANITARY CORPS HAS DONE GOOD WORK
Sickness aid Death Bats Decreases at All
Places on Zone.
CRITICS AND LIBCLERS CONSIDERED
President Says There tr Sesao
Honest Critics, but Slanderers
Have Been at Work
WASHINGTON. Dec. 17 A plotorlall
illustrated message from President Roose
velt, portraying conditions as he found
thi m on the Isthmus of Pansma during hlf
visit, occupied the attention of the setiatt
during the greater portion of the sessloc
today. Printed copies of the message, hand
somely bound, were placed on each sen
ator's desk, and the reading of the message
wus closely followed. Irccedlng the Pan
ama message tho president's recommenda
tions regarding public lands and the naval
personnel were rend.
The senate agreed to the holiday adjourn
ment resolution nnd there will be a recess
from the end of the session on Thursday
next to January S. Resolutions wore agreed
to dirrcting an investigation by the Depart
ment of Commerce and Labor of the Inter
national Harvester company to ascertain
whether It effects a restraint of trade; also
directing the senate Judiciary committee to
report what authority congress may have
under the commerce, clause of the consti
tution to prevent Interstate commerce in
Resolutions to guard against Infringe
ment of state lights were presented by
Senators Whyte and Rayner of Maryland
for future discussion.
MeasaKe on Canal Affairs.
Tho president's message on Panama oannl
affairs ir part follows:
To the Senate and House of Representa
tlves: In the month of November I visited
the Isihmus of Panama, going over the
canal aone with considerable care; iii.d
also visited the cities of Panama and
Colon, which are not In the xone or under
the United States flag, but as to which
the United States government, through Us
agents, exercises control for certain sani
I chose the month of November for nvy
visit partly because It Is the rainiest
month of the year, the month In which
the work goes forward at the greatest
disadvantage, and one of the two months
which the medical department of the
French Canal company found most un
healthy. Immediately after anchoring- on tha aft
ernoon of Wednesday there was a violent
storm of wind and rain. From that time
we did not again see the sun until Satur
day morning, the rain continuing alamost
steadily, but varying from a fine drlsxle
to a torrential downpour. During that time
In fifteen minutes at Cristobal 1.06 lnchee
of rain fell; from 1 to S a. m., November
16, 3.2 Inches fell; for the twenty-four hours
ending noon, November 16, 10.14 Inches fell.
The Chagres rose In flood to a greater
heltrht than It had attained during the
last fifteen years, tearing out the track
In one place. It would have been Impos
sible to see the work going on under more
unfavorable conditions. On Saturday, No
vember 17, the sun shone now and then
for a few minutes, although the day ws
generally overcast and there Were heayy
showers at Intervals.
Each day from twelve to eighteen hours
were Bpent In going over and Inspecting
all there was to be seen, and In examin
ing various employes. Throughout iny trip
I was accompanied by the surgeon general
of the navy. Dr. Rlxey; by the chairman
of the Isthmian Canal commission, Mr.
Shunts; by Chief Engineer Stevens, by Dr.
Gorgas, the chief sanitary officer of the
commission; by Mr. Bishop, the soqretary
of the commission; by Mr. Ripley, the
principal assistant engineer; by Mr. Jack
pon emlth, who has had practlesl charge
of collecting and handling the laboring
force; by Mr. Rlerd, general manager of
the railway, and by Mr. Rogers, the gen
eral counsel of the commission, and many
other officials Joined us from time to time.
At the outset I wish to pay a tribute to
the amount of work done by the French
Canal company under very difficult cir
cumstances. Many of the buildings they
put up were excellent and are still In use,
though, naturally, the houses are now get
ting out of repair and are being used as
dwellings or.ly until other houses can be
built, and much of the work they did In
the Culebra cut. nnd some of the work
Ihey did In digging has been of direct and
real benefit. This country has never made
a better Investment than the Sto.OOO.AnJ
which It paid to the French company for
work and betterments, Including especially
the Panama railroad.
An .inspection on the ground at the height
of the rainy season served to convince me
of the wisdom of congress In refusing to
adopt either a high-level or a sea-level
canal. There seems to he a unlverr.il
agreement among all people competent to
Judge that the Panama route, the one ac
tually chosen. Is much superior to both the
Nicaragua and Durleu routes.
Preliminary Work llelna- Done.
The v. istlom of the canal management has
been sliuwn In nothing more clearly than In
the way In which the foundations of the
work have bee.ii laid. To have yielded to
the natural Impatience of Ul-lnformed out
siders und begun all kinds of experiments
in work prior to a thorough sanitation of
the isthmus, and to a fairly miiUfactory
working out of the problem of getting and
keeping a sufficient labor supply, would
have been diaastro s. The vai lous prelim
inary measures had to be taken first; and
these could not be taken so us to allow us
to begin the reul work of construction prior
to Januuiy 1 of the present year. It then
became necessary to have the type of the
canal dc-cldrd, and the only delay has been
the necessary delay until the Sltth day of
June, the date when the congress definitely
ar.d wisely settled that we should have n
eighty-flvo-foot level canal. Immediately
after that the work begun In hard eaiu-si.
and has been continued with Increaslng
j vigor ever since; and it will so coi.tlnue to
progress In the future. When the contracts
are let the condition will be sucb. as to
insure a constantly Increasing amount vt
The first great problem to l solved upon
the solution of which the suuce&s of tUe
(Continued en Fourtn Pagej
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