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.
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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