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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 18, 1906)
he Omaha Daily Bee 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 Prosecution on. 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 the motion. 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, 1904." 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 said. "The offense In the case at bar lies In the agreement prior to the accompliahment of the overt act. The motion is therefore overruled." 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 cott." 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 , juoKt- mi 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 exclusively. EDUCATION BILL REVIVIFIED Indications That Ilrltlsh Lords and Commons Will Reach an Agreement. 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 of Religions. 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 Will Follow. In PARIS. Dec. 17. Raisoull. the bandit chlt-f who has terrorized the people re- sldl ling In the vicinity of Tangier, Morocco, n ... i.K.rvi.. s. nrcordlng to an interUew published re today, Indulged In open threats has, he 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 IMPROVING Recovery is Expected to II bat He Passes Quiet Klaht. Blow, BTOCKHOLM. Sweden, Dec. 17. King Oscar continues to improve. His general condition this morning is noticeably better. His recovery, however. Is expected to be slow. 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 I 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 bus. .... ...... 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 Officials Great 0 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 Francisco. 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 J1,?0. 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 1 s teinKirary and Is being rapidly n me- ii.i -ri, Ucnurui ..nrti.i,, u,.ivinn- in Bu died 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 past . - 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 so ituatlon. 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 Trusters. 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 city. 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 York. 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 sound mind. 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 her death. 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 cause death. 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 of poison. . QUARANTINE ORDER INVALID w 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. I 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 Insrton's Birthday. (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 ln flumlon- 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 able maintenance." 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 employes. Congressman Klnkrld today recommend ed for postmaster at Mitchell, Scott's Bluff county. C. H. Blackburn, vice L. S. Russell, resigned. 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 or appointment. 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 Wednesday. 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 Shipments. 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 said: 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- panics." 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 first degree. 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 Last Week. 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 s'nklng. 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 ta Matter. 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 child-made goods. 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 tary purposes. 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 performance. sut-eesafol Sualtallon. The first great problem to l solved upon the solution of which the suuce&s of tUe (Continued en Fourtn Pagej