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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 22, 1906)
V Fhe Omaha Daily Bee HEWS SECTIOII. Psgcs 1 to B. Your Money'. Worth THE OMAHA DEC Best tlT. West VOL. XXXVI-XO. 1G1. OMAHA, SATURDAY MOKXING, DECEMBER 190G SIXTEEN PAGES. SINGLE COPY THREE CENTS. )' . I . - (V a i KM i PROTEST FROM POPE i Vatican Bends Identical Not to Diplomat! Aooreaited to Uolj See. OBJECT TO SEIZURE OF CORRESPONDENCE : Action Called Cotraee of the Bivhte of Eelieionr UNJUST HOSTILITY TO FRANCE DENIED Law ii Condemned Beoaisa it Authority from Irieste. Takei NEW MEASURE IS PASSED BY DEPUTIES ,11111 Proposed by Cabinet U Adopted by OrrrnkclBlat Ha. Jrlty Amid Greet Enthaalaana. ROME, Dec. 21. A note signed by the papal secretary of state, Cardinal Merry del Val, protesting- against the search of the papal nunciature it Paris, the expul sion of Mgr. Montagmnl and the seizure of tl.e secret cipher, enabling the French government to take cognizance of the papal correspondence and the alleged vio lation of the right of the pope to corre spond with Catholics all over the world, was presented to the diplomatic representa tives accredited to the Vatican today, to gether with a circular setting forth the moUves of the Holy See in the action it has taken regarding the application of the law of 19oS providing for the separation of church and state. The note sont by the Vatican to all the papal representatives , . abroad protesting against the course of ' x . the French government, after asserting that the rights of religion have been out f raged by the French government's action In preventing the head of the church from communicating with the French hierarchy and by the expulsion of Consignor llon tagnlnl, secretary of the papal munclature at Paris, says: The representatives of the Holy See abroad have ulso received a circular In which are set forth the motives for the ai"tlon of the Vatican regarding the appli cation of the church and state separation luw of liX6. These motives are so grave that it is evidently impossible to accuse the Holy Bee of lnt ranslcgence or of unjust hostility to the French government In con deninlng the cultural associations which disregarded the essential rights which the " church derived from its constitution, such ' as maintaining an ecclesiastical heirarchy, ' established by its divine founder ns the basis of the organisation of the church. In fact, the law conferred on the cultural 1 associations rights which not only belong 1 exclusively to the ecclesiastical authorities ' In the practice of worship and in possessing and administering ecclesiastical property, . but the same associations were rendered i Independent of the ecclesiastical heirarchy, j and Instead were placed under the Jurlsdic " V" An of the lay authorities. The pontiff could not approve of such associations without belnK lax In his duty as head of the church and without trampellng upon the fundamental domestic principles of the hurch. The same can be said of M. Brland's Circular. The Holy Bee could not admit (he unjust and Intolerable conditions which the circular imposed - upon the clerav 'n the exercise of their duties. All this evidently shows that the Holy Bee merely did its duty strictly in giving instructions on the subject to the French clergy. If the French government was animated by calmer sentiments It could create for the church In France a situation which at least would not Injure the essen tial rlahts of the Holy See. which, might even without admitting the principle of separation of church and state, tolerate such a situation In order to avoid worse vlls, as it did in the case of other coun tries. Secretary Sees Diplomats. The papal secretary of state. Cardinal Merry del Val, received during the day the members of the diplomatic corps accredited to the Vatican and communicated to them the text of the Vatican note. The cardinal particularly requested the Prussian, Russian and Monacoan ministers to communicate the contents of the note to various governments not having repre sentatives at the Vatican. Great Britain was the only country besides Italy to which no communication was made not having a representative at the Vatican or a Vatican agent in London. Monstgnor Faleonlo, the apostolic dele s;at In the United States, and Monslgnor Agtus, the papal delegate In the Philippines although not accredited to the United States or Philippine governments, have been en trusted to unofficially communicate the note to the authorities at Washington and those ' t Manila, i MonBlgnor Averse, the apostolic delegate to Cuba, being accredited to. the Cuban government, will officially communicate the note to the Havana authorities. Sew Bill Passed by Deputies. PAR18, Dec a. The government's new religious measure was received with en thusiasm In the Chamber of Deputies today and the bill wao rapidly voted with trie overwhelming majority of 413 against Int. Supporters of the cabinet consider that this legislation will greatly strengthen the min istry for the continuance of the struggle ith the Vatican. The discussion of the bill was short and confined to MM. I.aales. Ralbertl. Ribot, P4ou and liarres, who represented various political group. Premier Clemenceau Aid not participate, The attitude taken by Minister of Edura tlon Briand made a great Impression, espe cially his statement that the government rcver Intended to close the churches or In terfere with the Individual conscience, as this would permit the clergy to assume the attitude of being persecuted. The cabinet. , the minister explained, had decided to re tain the formality of making a declaration to hold meetings because It was resolved not to capitulate to the Vatican, which was acting contrary to French law. ICE OCTOPUS REACHING OUT Kew Jersey Corporation Secarea Con trol of Chicago Company and Looks Townrd Other Cities. NEW TORK. Dec, 11. The newly or ganised Western Ice Company of New Jersey, which Is controlled by Edward R. Thomas, has secured absolute control of the Knickerbocker Ice opmpany of Chi cago, according to an official announce ment made today by Thomas, Maclay Co. of this city, the company's fiscal gents. It is Intended, says the announce ment, that the Western Ice company, which has an authorised capital of 115, 000,000 and an authortied Issue of $!(. OOoiooO pt general and collateral mortgage 5 per cent gold bonds, shall be a con trolling factor in the Ice business, not only In Chicago, but In other cities of the middle west Negotiations are under way now whrt-h are designed to enable the com pany to coutrol the trade In a largeter rltory. Mlasaarl Mardrr Hanged. HOUSTON, Mo., Dec. SI. Joda Hamilton Was hanged here today at U:v for the Shurdttr oi lae z'arwuua fjuiill BRITISH MEETS Iteadjnstment In Proapert Following Retirement of James Brree, to Be Ambassador. LONDON'. Dec. 21.-The rnhlnet held a special session today preliminary to the prorogation of Iarl!anirnt for the holidays. Unusual bitterness exists In parliamen tary circles over the severe blow which the cabinet sustained In the defeat of the education bill, tho principal feature of Its program. The announcement of the appointment of James Hryce to succeed Sir Mortimer Durand as British ambassador at Wash ington, Is Imminent, and it will be followed by a considerable readjustment of the cab inet with a view of presenting an aggres sive front when the parliamentary session Is resumed In February. The appolntrrent of James Brye ambassador at Washington is now admitted by Mr. Bryee himself. During the closing session of Parlia ment today Mr. Itryre retrained fmm mak ing any specific statement regarding the reports In circulation, but being repeatedly questioned by his colleagues, he did not deny that this was his last day In Par liament. He declined, however, to make a statement for publication. The king's message proroguing Parlia ment was read In the House of Lords this afternoon before members of both houses. It was a colorless recitation, detailing the principal International agreements to which Great Britain had subscribed during the last two months, from the Algeclras convention to the treaty for the restric tion of the liquor traffic In Africa. It mentioned the TransvaaJ and Orange River constitutions, expressing the hope that they will secure peace and prosperity to both colonies and contrlbutj to the federation of South Africa. Dealing with tho legislative enactments of the House of Commons, tho message expressed regret at the unsettled difficul ties surrounding the education question. After the reading of tho king's message the members of both houses separated until February 2. AUSTRIAN MAILS DELAYED Employes Follow Old Rnles Strictly In Order to Improve Their Condition. VIENNA. Dec. 21. A passive resistance strike. Involving all the postofBces of Aus tria and 26,0tiO employes, men and women, today began as a protest against the condi tions under which employes are compelled to labor. The "passive resistance" simply consists of absolute obedience to the strict letter of the antiquated rules, which are quite inapplicable to modern requirements. The employes are thus enabled to paralyze the mail service without contravention of the rules. Negotiations are expected to be resumed with the view of arranging a compromise. The men have been aitntln for v , . with the object of securing an Increase of pay, which begins at about 45 cents per day and rises to a maximum of $0 cente after forty or flfty years' service. KING OSCAR HOLDS OWN r Physician Saye He Has Sleep and Kts Heart Action is Stronger. STOCKHOLM, Dec. 21 The bulletin Is sued by King Oscar's physicians this morn ing was as follows: The king' had some sleep during the night. His temperature was 9S.9 yesterday evening and Is the same this morning. His neart action w somewhat stronger. Other wise his condition is unchanged. BANK BOOKS ARE CHAOTIC Woman Seems to Have Seen red Bulk of Assets of Illinois Concern, CHICAGO, Dec. 21. An inquiry held in the United States court today Into the affairs of the Lincoln bank of Morton Park, which failed this week, disclosed the fact that S30.0UO of the funds of the bank had been used by W. J. Atkinson, the bank's proprietor, on notes signed by a stenogra pher. The attorney for the receiver stated that It appeared that half the assets of the bank had been turned over to Mr. Arm strong and he desired to learn something of his Identity. Atkinson was asked: "Who Is this Armstrong?" "A stenographer," replied Atkinson. "Where Is Armstrong?" "In Pittsburg," Atkinson said; then said, "Armstrong is not a man, but a woman." He further explained that the woman had signed the notes, the money for which was obtained by himself. Atkinson' declared that some of the signatures taken to be "Armstrong" were In reality "AddieRson," a girl formerly employed by him. The proceedings disclosed the fact that the books of the bank had not been kept since November 28. In response to a suggestion that Atkin son's bond be reduced. Judge Landls re plied: "It appears from this man's own state ments that there should be about 170,000 In the bank and there is nothing. I feel that a man that will use other people's money might be Inclined to leave town. I will allow a deputy to go with Atkinson until some other arrangement Is made." CABINET CONSIDERS FAMINE Sltaatlon tn China Is Hark Worse Than Was at First Reported. WASHINGTON, Dec. Il.-Reporte' hav ing been received here from consuls and otnar omciais mai me condition or the famine sufferers in China Is worse than at first supposed, the matter, at the in- stance of the American National Red Cross, was brought to the attention of the cabinet. It Is probable an appeal will be lesued for supplies and steps taken to as- sign one or more army transports to the work of transporting them. In order to send a government vessel It will be necessary, however, to sernra th const nt of congress, and to this end Sec retary Taft will consult with the mem bers of the military committees ot the house and senate. EXPRESS BOX IS ROBBED Thirty Thoasaad Dollars Said to Have Been Taken from Xevada OIBee. RENO, Nev.. Dec. 21. A Wdls-Fargo Co. express box said to ha contained SIO.OOO was stolen from the company's office here after the arrival of last night's train from Tonopah. Edward Cwfton, the 'messenger, con tin- ued a Me way to Baa Franclauo. STORY STIRS UP THE ARMY Irmitiffation D (proves Earners' Concern ing General Fnhine. NEBRASKA .iFE ROMANCE t't I nd I e Given Opportunity to r 4vX.hr Their Desire to y..'v -s Heally Sincere Jobs Offered to Them. (From a Staff Correspondent.) WASHINGTON, Dec. 21. (Special Tele gram.) Army circles have been all torn up the last week or ten dsys over rumors that Brigadier General Pershing had com mitted an Indiscretion In the Philippines which should have materially inteifered with his confirmation. As a matter of fact, however, there seems to be pretty general evidence that "Jack" Pershing, who Is now on his way to assume command of the di vision in the Philippines, has been the Vic tim of scandalmongers almost unheard of In tho army. When Pershing' left Nebraska for the 6panlsh-Amerlcan war he left behind him In the university an excellent record for efficiency. Ho was a friend of everybody. Ho was particularly a friend of 6en-.it r Burkett, who was then a member of the lower house of congress, and later, when Burkett was elected senator Pershing was In his mind's eye for a brigadier general's star. During his campaigning In the Phil ippines Pershing became the hero of the wholo army. Senator Burkett, seetrg his friend of old university days win his spurs. was among the first to urge on the presi dent Pershing's promotion, and what Is most vital, the president promised Senator Burkett to take care of Pershing when the opportunity presented. That was bofore the election of li4. Mart at Nebraska Dinner. The congressional season of 1904 opened with much promise of social brilliancy, not tho least among the highly available and attractable men who burst upon the social life of the capital was the then Captain Pershing. He had been ordered here for some special service and was one of the Hons In the army set, and at this point com menced a romance which Is worth telling. Miss Helen Warren of Wyoming, who had been one of the leaders In the senatorial circle of the capital by reason of being the daughter of Senator F. B. Warren and an extremely charming girl, with Just enough dash to distinguish her from her sisters, heard the president's message read on the opening of the Fifty-ninth congress and In which he spoke of the splendid record Cap tain Pershing had made In the Philippine service. On the evening of that day some of the Nebraska folks celebrated Persh ing's new honor. Senator and Miss Millard giving a dinner and among those Invited 1 wera Senator Warren and his daughter. Captain Pershing and Helen Warren met , at this dinner. There were other functions following and Captain Pershing and Miss Warren were thrown together, and It turned out that Captain Porshlng danced as well as he fought and, more than that, he danced with Miss Warren more than with anybody else. That was the beginning of tho courtship which, resulted In ttae mar riage of Miss Warren and Captain Persh ing, who is now a brigadier general, whom all kinds of stories are being told of dere lictions In the Philippines, but sifted down the stories that Pershing had Improper re lations with a Metlxe woman In the Philip pines and that he left behind him two children, has. em investigation, proved to be a He out of whole cloth, and has been I traced to rough stories of tho camp where sometimes fancy takes the place of truth. Work for t'te Indians. If the Utes now encamped at Fort. Meade, S. D., are sincere in their expressed desire to secure work and become self sustaining American citizens that wish will be gratified. A plan to bring this about has been suggested to the secretary of the Interior. The proposition comes thnpugh Charles Dagnette, superintendent of the Indian employment dlvlson of the Indian office, and In effect guarantees em ployment to all ablebodied Indiana upon railroad work In New Mexico and Arizona. All of the tribe who may be physically able to wield a pick and shovel will be given 11.30 per day and the ratlnoad com pany will In addition furnish them and their families free quarters In construc tion cars, with fuel and water free. The Indians will be allowed to take with them their wives and children, and such of the tribe as may fie too old to work will bo transported to this proposed 'new field of Industry to be cared fpr through the labor of those of the tribe who aru able to' labor. The wives and children and old men will be given free quarters In construction cars and all that will be required of the ablebodied men of the band Is to provide food fcr those not able to work. The supplies of food and clothing will be fur nished to the Indians at cost price by the railroad company. Should this plan go through the Indian bureau will furnish railroad transportation from Fort Meade tc such point as connects with the rail road which offers them employment. They will be suitably clothed as a starter and thereafter must depend upon their own exertions to gain a livelihood just the same as the white man. Must Make Good on Talk. The Utes left their reservation because, as they assert, tney could not make a living upon the lands which had been al lotted to them. They sought new fields. where they could secure profitable em ployment and are now offered an excellent opportunity, if they really desire work. It Is asserted at the Indian bureau that this Is a misstatement of the facts, but now to test the sincerity fit the Utes an opportunity is about to be given them to work at good wages under much more fa vorable auspices than the average white man can secure. The plan contemplates further, that the Indiaas be worked on railroad tlon during the winter in Arizona and New Mexico, and then to give them work In the beet fields In Colorado. This Is the character of work In which men. women and children can be profitably employed being In the main, teaks of weeding beet fields and other work incident to growing and harvesting of the beet crop. , ' " capital Mii-sea Hazel Hannah, and Kuby Cornell of lloldrtge. Neb., who are students at National Park seminary, Takoina, D. C, will be the gutsts of Mrs. W. E. Andrews, wife of Auditor Andrews, during the holi day season. Otto Munts of Auburn. E. J. Swanson I of Alliance, O. C. Penn of Nebraska City. I John Howe of Schuyler, Neb.; W. h! j Bisles of Stanwood, L. F. Wright of Bpn j cer, George Knles of Mason City, T. W. Bauer of Coggan. Is., have been appointed railway mall clerks. The postmaster at JJncoln. Neb., has been allowrd one additional carrier, to begin service January 1. next. South Dakota postofflces established: Comstock, Pennington county, Harriett C. IConttnusd on i'UUi Paa. CHICAGO JUDGE ASSAULTED Disgruntled Suitor Tries to Kill Pro. bate Jadae and May Be . Insane. CHICAGO, Dec. 21. A desperate effort was made today to assassinate Judge Charles J. Cutting of the prooate court, by Frank S. Ellerbrock of this city. The would-be assassin is believed to be Insane. Judge Cutting escaped injury by a halr's breadtli and overpowered his assailant after -a fierce fight As the Judge entered the criminal court building on his way to his chambers Eller brock, who was standing In the hallway, stepped forward, and when but two feet distant drew a revolver and fired at tho Judge. Judge Cutting Instantly turned and struck his assailant a heavy blow In the face, almost knocking him down. Before Ellerbrock could recover Judge Cutting grabbed him by the thront and threw him backwards over a steam r idlator, where he held him despite his desperate efTorts to escape. Two deputy sheriffs hastened to the assistance of the Judge and wrested the revolver from Ellerbrock. Judge Cut ting then allowed him to rise from the radiator and the man attempted to attack him once more. The two men struggled back and forth across the hallway, and the Judge with the assistance of the deputy sheriffs finally hurled Ellerbrock to the floor. The man still continued to struggle until exhausted. He then commenced to beg for mercy, saying, "Please don't hurt me." Ellerbrock has been laboring under the hallucination that the probate court de prived him of his rights to a share In the estate of his deceased sister. He had repeatedly appealed to Judge Cutting to reopen the case. Judge Cutting declined In absence of proof that the estate had been Improperly closed. At the police station Ellerbrock talked Incoherently to the effect that as he could get no satisfaction In the courts he de cided to kill the Judge before whom the suit was pending. In the next breath Ellerbrock said: "I didn't mean to shoot the Judge. I only wanted to have him put on trial himself. I pulled the trigger twice. Once the bullet failed to explode and the other bullet struck the floor. I did not aim to shoot the Judge at all." The police believe Ellerbrock Is undoubt edly Insane. The grand Jury has promptly returned an Indictment charging Ellerbrock with nssault with a deadly weapon and with attempting to kill. WILL OF EX-SENATOR BROWN I'tah Man Denies Parentage of Brad ley Children and Directs that Her Claims Be Contested. SALT IaAKE CITY. Dec, 21.-Had the late rx-Senator Arthur Brown foreseen his death at the hands of Mrs. Bradley he could have devised no more Ingenious re taliation than the post mortem revenge contained In his will. The document, which was written August 24, 1801, four months before Mr. Brown was shot down at the Raleigh hotel- In Washington, was filed to day for probate. ' T do not devise or give or bequeath any thing to any of the children of Mrs. Anna M. Bradley Is the language of the will. I do not think either or any child born to Mrs. Anna M. Bradley Is or are mine, but whether such child is or Is not I expressly provide that neither or any of them shall receive anything of my estate. I have never married Anna M. Bradley and never Intend to. If she should pre tend that any such relation ever existed between us to Justify such Inference, I di rect my executor to contest any claims of any kind she in;y present, and 1 direct that she receive nothing from my estate. The testator bequeaths all his property, valued at about $75,000, to his two children by his first and second wives, Alice Brown and Max Brown. Tho children so specifically disinherited are Arthur, nged 7, and Mark, aged 3 years. The attorneys engaged by Mrs. Bradley's relatives In Salt Lake City decline to dis cuss the will at this time, but there Is scarcely a question that a contest will be Instituted, as much for the purpose of es- tabllshlng their pafentage ns to secure a monetary consideration. This Is the more llkelv. as Mrs. Bradley Is. or was a few , , , , . months ago. In possession of letters signed with Brown's name, In which the relation ship with one or both of the children Is acknowledged. LIFE PRESIDENTS ORGANIZE Heads of Insurance Companies Form Association In Interest of Policyholders, NEW YORK. Dec, 21. The first steps were taken today toward the formation of an "Association of Life Insurance Presi dents." Broadly stated, the purpose of the organization will bo to further the interests of policy holders and to bring about more uniform methods In the management of life Insurance business. Today's moetlug was held at the sugges tion of President Paul Morton of the Equitable Life Assurance society and brought together representatives of twenty four companies, while three other com panies sent communications approving of the proposed association. Mr. Morton pre sided and Thomas A. Buckner, second vice president of the New York lAte Insurance company, acted as temporary secretary. A committee appointed to draft a consti tution and bylaws subsequently reported a lanl.tli,. nlan rt nriTU nl. jH.IM Tli 1.1 '1 II .... i i v. . mtt wltH irenernl unnroval. hilt nnnl netlon was deferred until December 28, when It Is proposed to effect a permanent organiza tion. Presidents and vice presidents rep resenting their companies will be eligible to membership. Mr. Morton of the committee on organ ization baid tonight: The plan Is only tentative, hut under It the welfare of the policy bolder will be the first thing considered and next will come a nelter ana more uniform practice generally In life Insurance. Expenses are to lie reduced where possible and waste eliminated. The aswociatlon will publicly present Its views to law-making bodies and all others wishing light and Informa tion on life Insurance matters. MAN LYNCHED IN MARYLAND Armed Mob Hsecutrs Krgro Who Coa fesaes Guilt of Felonious i Assault. ANNAPOLIS, Md., Dec. 21.-Henry Davis, alias Henry Chambers, colored, who com mitted a felonious assault on Mrs. John Reld of Brownsville, five miles from An napolis, lust Friday, and who had con fessed his crime, was taken from the Jail here this morning by a mob of about sixty masked men and lynched He was strung up and his body riddled with bullets. Fatal Wreck. rar Spokaae. SPOKANE, Wash.. Dec. 21. -In a head end collision between a light engine and a Great Nori hern freight triln two miles north of HIlLvurd early today Fireman I'uul SchuplM-rt, who came here from Indiana, and llrakeman Guy Salisbury were killed; HoKHrd. engineer, was fatally hurt, and I'tritean Hansen of Graiul luplds. Alien., at bavlly sxaldsd, - CHAIN DEALERS ENJOINED Nebraska 1 ooiation liust Dissolve, Ac cording to lupreme Court tecision. GONDRING ACT DOES NOT N0W APPLY Companies Do Not Lose Charters and Elevation Charges Are Matter for Consideration ot United States. (From a Staff Correspondent.) LINCOLN, Dec. 21. (Special.) The tem porary Injunction issued by the supreme court against the members of the Ne braska Grain Dealers' association was to day madu perpetual by the court except to these defendants, against whom the prDoeedlngs were ordered dismissed: Holm quist Grain company, W. B. Banning, Peavey Elevator company, American Grain company, Atlas Elevator company, Anchor Grain company. Spelts Grain company, Evans Grain company and John T. Evans. The Injunction prevents the grain dealers from continuing their organization with ..... . .L i i i sn i , una now oesiinv is renea upon iu the alleged object of controlling the price , oblrH u, tll(. 8,tttes and centralize all gov to be paid for grain. The action was dls- eminent at Washington. The constitution, missed against the defendants named be- while made more than a century ago, Is .. .. . , . ,,,., j aihoiiHte for today. I lie chsnges that oro cause they had not been properly notified m,orted nri ,.1HnK,.g of method, not of prln- ui ine lime ana piuce oi xhrihb ut"- lime ana place oi ihrihb ut"- No punishment, except the dlsor- , ... ,, !,.. , rm of the association attaches to Billons ganization the finding of the court, though a future I Infraction of the law will place the de- r i . i . . fendants In contempt of court. The court merely found the facts as re ported by Referee Pemberton and upheld his recommendations In all law points. It held the payment of the slevation charge Is a matter of Interstate business over which the Nebraska court has no Juris diction. Chief Justice Sedgwick wrote the opinion and he endorses the findings of the refereo In full and said his conclusions were Justi fied. Case Pending: for Year. The case has been before the court for almost a yeur, the defendants filing a de murrer to the petition of the attorney general, who charged the dealers were or ganized to control the grain trade of the state and to make prices. Senator Pem berton was then appointed to take testi mony and make a report to the court. This was done and both sides filed ex ceptions to the report and the case was argued before the court proper before the adjournment for the summer. Following Is the syllabus: Depositions cannot be used as evidence against parties who were not notified of the time and place of taking the saino and dlil not participate therein. In en action under the statutes com monly called tho "Junkln Act," laws ot l:6, na?e to obtain an injunction re straining violations of the act, the court Is not authorized in the first Instance to de- I clare a forfeiture of the charters or cor porations round to nave vioiaiea ine m;i. The allowance by railroad companies of certain charges as elevator charges, to terminal elevators on shipments of grain from points in this state to poln out of the state, is an incident of interstate com merce, and this court has no Jurisdiction to limit or control the same. Upon the filing of the report of a referee in an action brought originally in this cour'- there is no doubt that the court. In 1U ulscretlon. might, upon motion of one of the parties, recommit the matter to the referee, to take additional evidence and report thereon. But where there has been a fair hearing before the referee, and there is no evidence of accident or surprise preventing a full Investigation ot the rates, nor that further evidence can be furnished that might prolwhly change the result reached by the referee, such motion will be denied. The report of a referee will not be set aside because it appears that he has given more weight to certain evidence tending to support his report than the facts, us shown by the whole record will warrant. If the evidence, considered together, supports his findings It is sufficient. For several years prior to the time the act of 1S05 tcik effect the defendants had been engaged, through th means of an association which they had formed for that purpose, in a systematic course of conduct made unlawful by that act In forming that association and becoming members thereof they had agreed t con tinue to promote its objects until they severed their relations with It. In the absence of evidence showing affirmatively that they had taken the necessary steps to I sever their connection with the assocla- I tlon before or at the time tne act toon i effect the presumptiin will obtain against Yhat i iliia action brought soon after the act took effect to enjoin a continu nnce of the association and restrain the defendants from carrying out its purposes was necessary and pror for the enforce ment of the act. Money on Deposit Taxable. Money on general deposit tn a bank Is subject to assessment and taxation, so the supreme court held today in the case of W. F. Crltchfield against the county of Nance, appellant. Crltchfield had on de posit In the First National bank ot Ful lerton 11,000 and he owed the Union Stock Yards bank of South Omaha 11,000. The county assessor returned the money on de posit for taxation, and refused to allow the Indebtedness to the other bank to offset it. Critchflt-ld appealed to the district court and he was allowed tho offset. The county arpealed to the supreme court and the lower court was reversed, the higher court holding: "Tho expression, 'money deposited In bank,' as used In section 4 of the revenue act of 1903, Is Intended to include money on general deposit In bank." Journal Company Wins. The suit against the State Journal com pany for $M,500, which amount the stte contended the Journal company received from the unlawful atle of supreme court ' reports, was won by the Journal company, 1 1 l-" J " the court, with Judge Letton dissenting, holding to its former opinion. In the suit of Edward Rosewater, appel lant, against E. W. Slmeral, appellee, the court affirmed .the decision of the lower court. "AU Interest In that case was lost six months ago, when Judge Pemberton sub- mitted his opinion as referee," said Ed P. Smith, one of ' the attorneys for the Ne braska Grain Dealers' association. "Pre vious to that time it was of interest be cause Norris Brown was attempting to re voke the charters of the grain companies which composed the association. Mr. Pem berton decided against Mr. Brown on every point except that of restraining the asso- elation from doing business. This point Is of no Interest, because. the association dis solved a year and a half ago and has no Incentive for reorganisation. Mr. Brown gained nothing but what we would have been willing to give six months ago." "That's amusing," said A. H. Bewsher, who st one time was secretary of the as sociation. "Funny thing to restrain an or ganization from doing business that hasn't been In existence for more than a year." Miners Want More Wages. BAN FRANCISCO, Iec. a. -Dispatches have been revolved here saying that the Western Federation of Miners h.is voted o demand an advance of $1 a d iv, from H to IS. In the wjges at Goldrteld, and that a strike would le deciire.l at once If a favorable reply is not given bv the em. plovers within twenty-four hours. Inxon A King-field have met ttiU move by shut ting down the Red Top, Jumbo and Com bination mines. The iesxees on the Mo hawk and oiher properties in Ooldneld are reported to have deiidcd to continue work, bcuUlng U.e auiilmut wf iLe diitlcultjr. NEBRASKA WEATHER FORECAST Fair and Marnier Satardny. Temperatare at Omaha Yesterdayl Hmr, Pes, Hour, Hear. R a. tn 24 1 p. m 3' a. m 24 2 p. m T n. m Jtt A p. m K H a. m 24 4 p. m 2" t a. m 21 M p. m 21 10 a. m 2 4 p. m Sill 11 a. n 2.1 7 p. m 1A1 m 2A H p. m 27 0 p. m 27 BRYAN REPLIES TO ROOT Xrbraskan Makes Protest Aaalast Further Centralisation of Government. LINCOLN, Neb., Dec. 21. William J. Bryan, commenting on Secretary of Stat Root's latest speech, enters his emphatic protist to the doctorlne of centralization which, he says. Mr. Hoot Indorses. Mr. Bryan says: He seems to r st his argument upon the old Idea of destiny the refuge of the man who wants to do a thing which he cannot defend. The destiny argument carried us into our expensive expetiment in iniperlal- cipie. i lie division or me powers oi gov cipie. i lie division or me powers oi gov- eminent whs founded upon the doctrine of self-government, und the preservation of t)( ,, the careful oli- servancH ol . J things thut j are natlona Hervance of the limitations between th things that are local and the things that tare national. Those who do not recognize rill,.,rll, nf ,.., ...if -KOvernment can make an argument In favor of the transfer of nil tioer to the federal government. but those who believe In the doctrine of self-government recognize that the people can be trusted best with that which they ate best acquainted, and that the people are best acquainted with the things which are near them and Immediately concern them. If Secretary Root has In mind the Japa nese question, as it presents Itself In Cali fornia, Mr. Bryan says, he will find tho American people unwilling to turn the school system over to tho federal govern ment merely to please any foreign na tion, however friendly. If he has In mind the elimination of trusts, he will find It unnecessary to deprive the states of present powers to make congressional action effec tive. Remedies proposed by those who Ignore the argumnts on which local self-government Is based are apt to Involve changes not only unnecessary but really dangerous. ARRESTED FOR OMAHA MURDER Man's Wise and Sister Furnish In formation to Portland Police. PORTLAND, Ore., Dec. 21. (Special Telegram.) On the charge of killing a woman In Omaha several years ago, Wal ter D. Bitters, aged ISO years, was arrested 'Allen. Reason Hudgel. Daniel I'ardue, con this morning on Information furnished by splracy to defraud and conspiracy to suborn Mrs. Annie Hlllagas of Portland, hla sis- perjury; Robert F. Glllnsple. Jacob W. Stet- ter, and Mrs. Sarah Bitters, his wife. Bit ters, they say, escaped punishment because the Omaha woman, with dying breath, swore the killing was accidental, loving him well enough to shield him. Bitters himself admits killing a woman, whose nama la "ttnasoertalnablci 'bero, but says tt was In Keokuk. Ia., and that a revolver fell to the floor when he opened a bureau drawer and was discharged. Something queer lies behind the affair, for Mrs. Hlllagas and Mrs. Bitters say Bitters was prowling around the former's house with a gun and dirk and has threat ened to dynamite the place unless allowed to Fee his son, nged 10 years. Mrs. Bit ters left him last summer. He carried no weapon when arrested and denies 111 inten tions. Neither Captain Dunn nor any of the old mbers on the Omaha police force coujd remember last night, any crime ever com mitted in the city with which the name of Bitters was connected. HICKS' RELEASE IS DELAYED Rescuers Are Sow So Close to Entombed Mlnrr that They Can Touch Him. BAKERS FIELD, Cal., Dec. 21. Further obstacles have been encountered In the rescue of Hicks, and his deliverance will not be effected tonight. I JOB ANGELES, Cal., Dec. 21.-A tele phone message to the Edison offices here has been received as follows: We have had to abandon the project of reaching Hicks underneath the car and expect now to reach him over It. The man la so near that the workmen have actually touched him. Solid food was handed him this morning. He says he Is all right and we expect to notify you any time that he has been taken out. . A narrow passage Is being built of tim bers over the car and the mar will be carried out through that Hicks laughs and Jokes constantly with the workmen. He seems very high spirited, although not hysterical. The whole camp Is grouped about the mouth of the tunnel to watch him when he comes out. DENIAL FROM MISSION BOARD t harae by Governor of Natal Against American Stations Denounced as In warranted. BOSTON. Dec. 21 The officers of the American Board of Commissioners for For eign Missions Issued a statement tonight denying a charge in a statement by the governor of Natal in a blue book recently issued by the British government. Accord ing to a dispatch from Iondon the governor of Natal said that "whatever good work the American missions have done In the past their congregations are now beyond their control and are a danger to the gov ernment." The American beard maintains that the charge la wholly unwarranted. It is based, they say, on the assertion that In Victoria, J orie of the many districts of Natal, the na , tlve preachers and congregations, with slight exceptions, have Joined ths rebels In the field. HONORS F0RAN OMAHA BOY Robert Bradford Awarded a scholar ship at Harvard Val versltr. CAMBRIDGE, Mass, Dec. 21 (Special Telegram.) -Two scholarship awards in the long list granted by the Harvard faculty today are ifie each to an Omaha and a Burlington, la., studnt. Robert Ransom i Bradford. '07 of Omaha, is awarded a Harvard college scholarship, so called, and Kennedy Boehner Hawkins, 'i of Burling-, ton, is also awarded a Harvard college scholarship. These are both awarded for high academic distinction and are among the must Important yj tbe year, MORE LAND TRIALS Go tern men t Ilat Only Vade a Teeinninj on the Cases on the Docket. SMALL ARMY OF CATTLEMEN IS INVOLVED Chareta in Other Cases Similar to that Against Corcttock and Richards, ONE INVOLVES FORTY THOUSAND ACRES Former Land CQce (ffioials Defendant in Another Case. MODISETTS NEXT TO BE PLACED ON TRIAL Doubtful Whether All of Them Ca Be Disposed of at the Preseat Term of the Federal Court. With tho conclusion of the Billiards and Comslock trial, the trial of cattlemen and land speculators has only begun In the) United States district court. Whether all of these cases can bo tried during the present term of the federal court remains yet to be determined. A large number of Indict ments yet remains upon the criminal dooket. Among them s-e two agulnvt F. M. Wal cott, who was acquitted In the cuse Just closed. The se ' indictments are for con spiracy to defraud and for the subornation of perjury In certain land transaction. A. R, Modlsett, A. M. Modlsett, 11. C. Dale and William Snioot aro Indicted for conspiracy to defraud and contplracy to suborn perjury, Involving the enclosure of 40,000 acres of land. The first three dt fendants are officers ami stockholders In the Stockvllle bank and Smoot was formerly government farmer at the lino Ridge In dian agency. Tills will be tho first oas tried and is set for January 4. Heat of the Cases. The other criminal cases are: Anthony F. Hatch, perjury; Reuben W. Mahaffy and Anthony F. Hatch, conspiracy to defraud and conspiracy to suborn perjury; R- W. Mahaffy, perjury and subornation of per jury; David M. Goarley, conspiracy to de fraud and for maintaining an unlawful enclosure; Earl Comstock (nephew of W. G. Comslock), E. C. Harris, Reason Hudgel, conspiracy to defraud, subornation of per jury and maintaining an unlawful enclO sure; G. T. 11. Bnbcock John Agnew, H. C. Furman, Bert Furmnu, conspiracy to de fraud and conspiracy to suborn perjury; James H. Edmlston, perjury and suborna tion of perjury. Edmlston was formerly chairman cf the state populist committee; James II. Edmiston, O. W. llendee, William R. Kecfer, conspiracy to defraud; R. M. ter, conspiracy to defraud and conspiracy to suborn perjury; Jesse C. Headington, per jury (enclosing U40 acres); James 11. Edmls ton, forgery and transmission of forged papers to enter public lands; J. C. Petty John (former register of land' office at Val entine); J. Tucker (former county attor ney of Cherry county), conspiracy to de fraud and conspiracy to suborn perjury; J. C. Pettyjohn, unlawful enclosure of publlo lands; Harry Sutton, perjury as a witness; Perry A. Yeast, perjury and subornation of perjury; Perry A. Yeast, Harry Sutton, con spiracy to defraud and subornation of per jury O'east had enclosed some 55.000 acres of lands); Lawrence E. King, Patrick J. King. Fred S. Baird, conspiracy to defraud and subornation of perjury, two Indict ments; Charles T. Stewart, Stewart Walker, conspiracy to defraud and subornation of perjury; Charles T. Stewart, unlawful j enclosure; William George, perjury; All A. Stlllwell, subornation of perjury and conspiracy to defraud; Thomas M. Hunting ton, James K. Reld, Frederick Hoyt, Ami B. Todd, conspiracy to defraud and con spiracy to suborn perjury. Aside from these criminal coses there are twenty civil cases to be tried for maintain ing unlawful enclosures of the public lands. In which George G. Ware and Richards, Comstock, Jameson and many others figure. YARDMEN WILL GO OUT All Attempts to Prevent Tlenp of New York Terminals Are Without Resnlt. NEW YORK. Dec. 21.-Mlchael J. Beagnn. Industrial mediator of the State Board of Arbitration, lias tendered his good offices In the hope of averting a strike of S.noO yardmen against eight railro'ids with terminals In this city. Reagan, however. It Is said, has received small encourage ment from either side and tcnlght he was told that the dispute had passed the point of possible arbitration nnd had reached a crisis where It was to be a case of either backdown .unconditionally or fight. Tonight the yardmen served upon officers of the Pennsylvania railroad the ultimatum already received by the other roads. Thle Is to the effect that the men will go out tomorrow (probably at midnight) unless the demand ot B cents an hour Increase in wages Is granted. Grand Master P. II. Morrlssey of the Brotherhood of Railway Trainmen Is ex pected In town tomorrow and he will be Invited into a conference with the rull road officials. The matter seems to be confident of a favorable outcome of the discussion, but the railroad men Insist thut It will not change the situation, Inas much as they have all along acted on the suggestions of the grand master. MRS. HEYL SUESF0R DIVORCE llrlreas to Hrhtndefa Millions Wanle Legal Separation from Her Husband. MILWAUKEE. Dec. 21 Clara S. Heyl, daughter of the late Mrs. Lizzie Bchandeln and wife of Jacob Heyl, began suit for divorce In the circuit court of Milwaukee county today. Jacob Heyl was the cen tral figure In the celebrated fii handeln will (use, which attracted attention throughout the country several months ago and In which un estate valued at over $5,000,000 figured. Mrs. Heyl asks for the custody of her two children. In stating the various in cidents of alleged cruel and Inhuman treatment the complaint recites that on two occasions Heyl tried to kill bis wife. Heyl In hs answer asserts that the tvyi children are not being properly educated by Mrs. Heyl. He admits seerul allega tions in the complaint, but claims thut his wife has not always woiked for his tent interests and has not been loyal to him. Mrs. Heyl got about 13,000.000 outright of the fichandeln estate and Mr. Heyl is alleged to have received about (1,000,000 from Mrs. Bchandeln prlir to her Jeatk 1,1 ur services at one kind, or auulhsr