Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 25, 1906, Image 1
he Omaha . Daily ' Bee VOL. XXXVI-NO. 103. OMAIIA, TUESDAY MORNING, DECEMBER 25, 1906-TEN PAGES. SINGLE COPY THREE CENTS. 1 t 1 f V it J u 1 i J i 4 ' J TOPE PIUS IS FIRM Ytxbert of the Sacred Coileere Present Chrlatmaa Greeting- to the Pontiff. SITUATION IN FRANCE DISCUSSED Hit Holineai Eaya Church Can Hike ho More Conoeeiiocii HOPES FOR BETTER TIMES SOON Ultimata Trinnph Will Come Oat of Per loontien and Violence, FRENCH VIEW OF ATTITUDE OF VATICAN Kipertatloa that Kiw Un Will Be Rejected and Priest Will Dis continue Service In Charehe. RCTME, Dec 24. Th member of the fiacrrd college went tn a body thi morn ing to the pop to present their Christmas gteotlnga. The pontiff r ved them In his private library and )- -ed cordlaJly with all the dlstlngu .' -lates, es pecially with Cardinal O. . n of the college. The chief topic 'V rsatlon was the situation In Fran. ' pope aid that the church will now -om the attitude It has taken, no m V slons being possible, but he h. that the violence and persecution eoon result In better times. . Addressing- the cardinals tn answe thrtir ronirratulatlons. the pope eald he w. . sorry he had no good news for them, al luding to the situation of church affaire In France, ard said he wished they and the whole sacred college were In France to hare the persecution. He was consoled, however, by the solidity of the French episcopacy and also by the approbation of the bishops throughout the world, and trusted In the ultimate triumph of the church, Referring to the antl-clertcal demonstra tions In Italy, the pontiff expressed regret that so many soldiers detailed to guard the Vatican nlghf and day were exposed to the Inclemency of the elements. Attitude of Charch. PARIS. Doc. 14. The Associated Press learns from a high ecclesiastical source here that It Is certain the pope will reject the new religious law and at an opportune time forbid the Parla priests to continue aervlces In the churches, after which they will organise private worship. The In formant ot the Associated Press adds: "The Vatican can pursue no other policy. Having declined to retain the church property under the conditions laid down by the government. It can only logically vindicate Ha action by proving to the faithful that they are the objects of per- -r-TTAcutlon.' .. The republican organs regard the order of the bishop suppressing Christmas masses tonight a being the formal In auguration of the policy outlined above. The Aurora says It la a scheme dictated by the Jesuits and that the cry will be re cj)0d by every beadle and verger In - France. "Tet," eaya the Aurora, "there ' la not a' single thinking Cathollo who does . not know that the suppression of the mid night- masses la the work of the church and not of the government." An official note was lseued this after noon announcing that the statements pub lished abroad to the effect that the French government sent a note to the powers in anticipation of the protest ot the Vatican against the expulsion of Mgr. Montagnlnl was absolutely false. FRANCO-BRITAIN AGREEMENT R Formal Treaty, bat General fader. ataadlngr Regarding Rela tions with Germany. PARIS, Doc. 24. Although the entente of 1901 between France and England has not been supplemented by any military or naval convention, mutual co-operation on sea and land in the face of an aggressive move against either Is regarded as assured both at the Qua) d'Orsay and in Downing street. No notes or drafts of conventiona have been exchanged. Nothing haa passed through tho only channels recogniied by governments as qualified to bind countries which could.be challenged by Oermany aa aimed at Its "isolation." Nevertheless, in subtler fuahlon through the campaign of ever Increasing friend ship, the combination against Oermany, so far as France and England are concerned, can be considered a "fait accompli." HRMTMAS DISKK FOR KIHG British Monarch Will Have Roast Beef Turkey, Peacock aad Swan. I.ONPON. Dec. 24. King Edward, Queen Alexandra and th prince and prlncee of Wale will pass Christmas at Bandrlng hani. From an enormous Christmas tree occupying the center of the ball room the queen and other members ot th royal family will personally distribute gift to each member ot the household tomorrow afternoon. The tenants and employes of the royal farms will receive remembrances, beef and coal being distributed to the widows and poorer laborers. The king's Christmas dinner, aa usual, will Include a boar's head, the gift of Emperor William, caviare and sturgeon from Emperor Nicholas and roasted pea cock and yourg swan ijoin Hampton Court, besides the traditional baron' of beef and turkey. The king haa sent a number of specially tatted young swans to many members of European families, as most of the crowned heads will have swans' meat for their Chrtatmas dinner. The ceueral signs of prosierlty are mora pleuttful here this Christmas than tor many years. The stores hav been packed for weeks and enjoyed an unprecedented flood of buHlt-ev. all ranks apparently sharing In' th abundance of wealth. The f crouds of poverty-stricken unemployed so painfully ODtrusive in uincun a streets a year at .r. absent this year. Indicating ,t ... , . '" '"" P" l!lipl..ll II, V titip'V.VU VUUU1L1U1II. Tafcaa Inaargeat Plgkt. HAVANA, Dec 24. A dispatch from Gulnnes. this province, thl afternoon an nounced that a patrol ot rural guard has had an encounter with five mounted In surgents. The two parties exchanged .hots with a result that two Insurgents were killed and two captured. Th fifth man escaped. Coal Steamer Ashore. SYDNEY. N. B.. Dec. 24.-Th coal fcttvmer Beatrice, which a a reported yes terday off Plctou with Its propeller fouled, went ashore on Cranberry Head today. heuvy as waa runulug. but the crw was--- t Vt -v OSCAR FREE FROM FEVER Heart Aetloa af Swedish Rslei Stronger, According to the Latest Rnllrtln. STOCKHOLM. Dec. 24 The following bulletin was Issued th's afternoon by the physicians In attendance on King Oscar: His mnV-sty continues free from fever. Mis tetnpf rature last evening was 98 9 and this morning it Is . The heart's action Is stronger. There Is still some mucus In the trnchea, MINNEAPOLIS, Dec. 24. While talking of King Oscar of Sweden, who has' Just re vived from another sinking spell, J. A. Smith of the C. A, Smith Lumber com pany, made the statement that It was not England that prevented war between Nor way and Sweden, but King Oscar himself. "I saw King Oscar on my recent visit t Sweden," said Mr. Smith, "and he told me that he had set his foot down, saying: 'I will not have war.' That settled It. The world haa generally given England credit for preventing war between the two countries, but It was not England." Mr. Smith wae made "commander of the Ortler of Vaaa" two years ago by King Oscar. RAISULI ARMING BANDITS Fear at Tangier that He Intends to Attack the Saltan's Forces. TANGIER, Dec, 24. It Is reported here that Ralsull, the bandit leader who has been In contnol of territory in the neigh borhood of Tangier, Is actively engaged in arming bands of men and there Is much anxiety here aa to whether he will fight e sultan's forces or not. The govern mental troops under the command of Sid Mohammed Oahbas, minister of war, are In camp near here. They number over 2,000 men and are better equipped than is usual with the sultan's soldiers. The minister of war haa left a garrison of 2,000 men at Kasr el Kabir, about half way between here and Fez, another garri son of men at Ain Dell, while the main garrison of 1,000 men Is awaiting instruc tions at Fes. These forces together com prise the greatest military movement made by the Moroccan government In sev eral years. RUSSIAN COLONEL IS KILLED Commander of Eight-First Infantrr Killed on His Estate by Stranger. LUKOW, Poland, Dee. 24. Colonel Obroucheff, commander of the Eighty-first Infantry, was killed on his estate near here by a stranger, RIOA. Dec. 24. A large store of explo slvea for the manufacture of bombs. In eluding a considerable quantity of pyroxl- line and detonators, has been discovered at the Aetna factory, of which many of the employes are revolutionists. Seven Lettish bandits have been tried by drumhead court-martial and shot near Mltau. Infanticide la Parla. PARIS, Dec. 24. A midwife living In the Vlvlenne quarter haa been arrested on tha charge of the systematic murder of new born Infanta. The attention of the police waa attracted by the fact that no deaths of children -were reported from the estab llshmer.t, and an Investigation remitted In the discovery that -the midwife, with the complicity ot a servant, had cut up and burned the bodies of tho children In a big stove in the dining room of the wldewlfe'a residence. The evidence obtained Indicates that 120 children were murdered by the two women. ( Engineer Dead at Post. TORONTO, Ont, Dec. 24. With the en gtneer dead at his post and his hand on the throttle, the Canadian Pacific railroad Hamilton express tore through Parkdale station Saturday afternoon. The fireman, alarmed at the increased speed, made for the engineer's box and found the man dead. He applied the emergency brakes and the train came to a. standstill. The engineer waa John Paul. It la supposed he waa struck by a semaphore.. Natives Resist Dutch. THE! HAGUE. Dec. 24. The Dutch troop are still meeting with considerable resist' ance by the rebellious chiefs In the recesses of the Dutch East Indies. The former have just captured the stronghold of the Rajah of Goa, at Eldenreng. The rajah's son and eighteen of their follower were killed, many were wounded and the rajah's brother wa made prisoner. The official telegram doe not mention the losses of the Dutch troops. Rasalaae Follow American Plan. ST. PETESBURG. Dec. 24.-The techni cal commission of the general staff haa rec ommended th adoption of an American military web cartridge belt and haversack for the Russian army. Tills equipment, which la put on tn one piece, is far lighter than the present Russian outfit, each piec of which Is doned and doffed separately. Th American equipment also cost 20 cent less per man. Spala Want Old Gaaa. MADRID, Dec. 24. Th foreign mini. ! ter, replying to a question In the Cham ber of Deputies todsy, said that Spain was till trying to secure the restitution of the artillery left In Cub when the treaty of Paris was signed and was also continuing th negotiations to secure recognition of th Spanish debt of the Island. Promotloa for Aadry. PARIS, Dec. 24. Among the Christmas army promotions la that of Colonel Andry, who was a member of the court-martial which retired Colonel (now General) Picquart, the war minister. Andry Is pro moted from general of brigade to general of division. Wattcraon at Bareeloaa. BARCELONA, - Spain, Dec. 24. Henry Watterson and Mr. Watterson of Louis ville, Ky., have arrived here and will re- niain In this city a month, they will go to Egypt. aftr which Sixteen Person Drowned. KINGSTON. Jamaica, Dec. 24. A aall- J Knai uvitK la.Antv.f1vd Its run n in fcw , WM overturned thl. mornln, lw M u.o bay. Sixteen of th. passenger, were tego bay. drowned. CAPTAIN MACKLIN IS BETTER mt ct Army Onleer at Rea Ha Nat Bits Ap prehended. Fart EL RENO. Okl.. Dec. 24 At the fort hospital this morning It was stated that Captain Edgar A. Macklin. who waa shot at his home tier on Friday night by a negro, had paused a good night. The physi cians reported him slightly improved. Captain Macklln's assailant has not yet ben apprehended, although officer, are ful loalng up a nuuibr ot clues. NEIOCATOFF IS CONVICTED Russian Admiral Condemned to Death for Bnrreiiderine Hit Chip. COURT RECOMMENDS HIM TO MERCY tsar is Asked to Commate Sentence to Tea Year' Imprisonment Three Commander Also Found Gallty. ST. PETERSBURG, Dec. 24 The tscwrt martial which haa been trying Rear Ad miral Nebogatoff and aeventy-elght officers of his squadron for surrendering to the Jap anese at the battle of the Boa of Japan on May 2S. 16, handed in Its decisions tonight. Vice Admiral Nebogatoff, Commander Lich lno of the coast defense ironclad General Admiral Apralne, Rear Admiral Oregorleff of the coast defense ship Admiral Senlavln and Lieutenant Smirnoff, who succeeded to the command of the battleship Nlcolaie I., were sentenced to death, but In view of ex tenuating olreumstanres and the long and otherwise blameless careers of these offi cers, the court will petition to the emperor to commute their sentence to ten years' Imprisonment In a fortress. Four other of ficers are sentenced to short terms of Im prisonment In a fortress, while the re mainder are acquitted of the charges brought against them. Sentences Are Passed. The sentence passed on Vice Admiral Nebogatoff and the three commander are similar to those handed down In the case of the naval officer who were condemned by court martial foY surrendering the tor pedo boat destroyer Bedivl to the Japanese. These sentences were coupled with a sim ilar recommendation to the emperor for mercy and euch Intercession generally has proven successful. The lawyers for the defense In the Ne hosatoff trial, a majority of whom are active politicians, devoted most of their at tention to the political aspects of the case. Tffe governor prosecutor in his closing address declared that the Infliction of the death penalty under these circumstances was out of harmony with the spirit of the times, but he declared that the guilt of the officer In question found no example In history. Vice Admiral Nebogatoff, he declared, should have at least transferred all his commands to one battleship, and then sunk the rest of hla squadron. The admiral made an emotional reply In which he dwelt on the Ignorance of the prosecutor, whom, he said, haa worn the uniform of the navy for only one year. The trial of Rear Admiral Nebagatoff and the officer of hi squadron began In St. Petersburg on December 5. The accused were divided into threo categories: First, Rear Admiral Nebogatoff and the commander of the battleship. Second, the officers who advocated the urrender. Third, the officers who did not endeavor to orevent the surrender. The first group of officers waa tried under that paragraph of the navy regulations which provide for the punishment by death of any commander of a squadron or ship who urrender without a fight when he could save his crew or Indict daman upon the enemy. t . MOTION, TO RELEASE , SHEA Attoraay for Teamster ' Insist No Conspiracy Haa Been Proven In Caae. CHICAGO. Dec. 24. At today's session of the Shea teamster strike trial defend ant's counsel offered a motion that the case be taken from the Jury and the de fendants discharged on the ground that the state had not made out a caae of con spiracy. Arguments on the motion continued the greater part of the day. The motion waa overruled and Attorney Daniel Crulce then opened for the defense. He declared the defense would prove that the employe were In a conspiracy to wreck the teamsters' union and would show that the teamster were willing to submit their case to arbitration. The attorney denounced Albert Young, Joseph Schultx, William Kelley and Michael Murphy, who turned state's evidence In the caae. Mr. Crulce declared it would be shown that the only Instructions Issued to pickets during the strike were to report the move ment of strike breaker. He asserted that President Shea had offered to arbitrate the difficulties. He said It would be shown that a private detective agency had furnished men with guns and billies and ordered them to go out and beat up somebody and that while the defense would admit that there were treet blockades during the strike It would be shown that the men on trial were not responsible for them. During the afternoon session Charles Dold president fit the Chicago Federation of Labor In 1906, was called to testify, Mr. Dold's testimony wa almost entirely of a preliminary character and before he concluded court adjourned until tomorrow when a half-day session will be held. Almost the entire afternpon waa marked with clashes and arguments between coun sel, the reading of authorities and many objections on both sides. JEWISH CHILDREN KEPT AWAY Agitation Against Christmas Celebra ttoa Decrease Attendaaee la New York School. NEW TORK. Dec. 24. The agitation gainst Christmas celebrations In the pub' Ho school that haa been gathering force for the last ten days In Hebrew circle found Its climax today, when parents, mardlan and other protector of Jewish chlldren-Btrongly urged and supported by certain East Side newspapersv-kept their charge, from attending the pre-Chrlstmaa session to such an extent that schools on the East Side reported a decrease In num ber, ranging from S3H per cent to 80 per cent of the pupils registered. One Hebrew principal of an East 81de school said that the school exercises were not at all of a religious nature, but consisted of an en- tertalnment In Which the children took part and a distribution of small presents from the teachers and principals. BRYAN ON CHILD LABOR Kehraskaa Radorae Ueverldg BUI a Efficient Mean at Sapprcsatag It Evil. ATLANTA, Ga.. Dec 24. A. J. McKel way, secretary ot the national child labor committee, today received from William J. Bryan a letter, in which the latter ex pressed hla thanks for a copy of the Bev ridge bill, of which he says: The plan which Bevertdge adopts for the prevention of child latxir is lileutk-al with the plan I have urged for the sup pression of the trust. I believe the cun trol which cungra ha over iuterstate commerce enables It to apply a vary sim ple ud effective remedy- WORK- OF LIFE-SAVING CREWS Nearly a Then sand Peraoaa Saceored at the Different Sta tion. i ; WASHINGTON". Dec. 24.-Impor.tant work wa accomplished during the last year by the llfe-aavlng service ot the government, thousands of Imperiled lives and millions of dollar worth of property being saved through the heroism and unremitting vig ilance of the life savers. General Superintendent Kimball of the life-saving service nhow In bis annual re port that the number of marine disaster waa 849 In the water of the United States. In these forty-nine veraels and twenty nine lives were lost and 811 person were succored at the various stations. The total value of property aaved was $12,2GCino, while that lost waa 12,775.040. In the disas ter S.&0 lives were Imperiled. At the clone of the last fiscal year the llfe-aavlng establishment comprised 279 station, of which 200 were on the Atlantlo coast, sixty on the Great lakes, sixteen on the Paclflc coast rnoper and one each at the fall of the Ohio river and Nome, Alaska. The llfe-aavlng crew rendered assistance of more or less Importance to 897 vessels In addition to those which were lost. Patrol men and station lookouts also warned ninety-seven steamers and seventy-seven sailing vessel, which were running Into danger, the warnings undoubtedly averting disasters which would have caused loss of both life and property. Particularly valuable assistance, It 1 noted, waa rendered by the life-saving crews at San Francisco during the earth quake and conflagration last April In flght- lng the fire, transrsi' terlng the homeless ting supplies and shel- Superintendent Kl iball says that during the year seven of the largest sized llfe- boats have been equl Ipped with gasoline en gines. They constitute a most Important addition to the llfe-aavlng equipment and materially enlarge the radius of the ef fective work of the crews. Superintendent Kimball point out that the great service rendered has cot the government only $1,132,466. He urges strongly that the benefit of retirement be extended to officers and men of the service who became disabled through In jury or disease or Incapacitated by age. EARTHQUAKE JS RECORDED Instrnmcnt In California Find Seis mic Disturbance at Great Dis tance from Recorder. BERKELEY. Cal., Dec. 24. The Omorl seismograph at the student' observatory of the University of California reoorded earthquake waves yesterday at 9 hour. 26 minutes X seconds, Pacific standard time, which Indicate that a severe earthquake has occurred at a distant point. Prof. A, O. Leuschner. in charge, said: Careful measurements of the seismo graph made by A. J. Champelux give the following: Time of commencement, 9 hours 20 minute 35 seconds. Pacific stand ard time; duration of preliminary tremor. 1 minute 29 seconds; duration second stage of preliminary tremor, 6 minutes 16 sec onds; duration strong motion, 11 minutes seconds. The motion la shown In the east and west component only. The ave' rage period of the w waa tt aeconda." WASHINGTON. DecVM.-A special but letin issued by th weather bureau today aays: The seismographs of the weather bureau recorded two earthquakes of considerable magnitude, the first shortly after noon i.f Decrmber Zl and the second atxiut twenty- three hours later namely, afternoon of December 23. From the appearance of the records we are led to conclude that tha earthquakes originated at widely separated localities, but this cannot be definitely to d. The first tremors were recorded at 1:61:50 p. m. of December 22 and the maximum mo tlon. of very short duration, occurred at 2 : 22 : 40 ' d. m. The record ended about o'clock. The strongest action was recorded n a north-south direction and amounted to 1:7 millimeters' displacement of the ground. The displacement In the east-west direction was onlv .3 millimeters. The second disturbance was recorded Just after 12 o clock, Decemher 23. ana tne mo tion In both north-south and east-west dl rectlons was greater In both components and lasted longer than In the first earth ntULke. The first nrellmlnarv tremor bean at 12:37:33 p. m., the strong motion beginning at 12:49 and lasting from three to four minutes. The maximum displacement In the east-west direction was 1:7 mlflmeters. and 1:9 ni'llllmetirs for the north-south component. The end of the record oc rlirrd at 1:11:21 D. m. As far aa I can Judge from the records the second disturbance waa not so great t rilatmire as the first one. but both di turbunces must have been several thousand miles from Washington. BOY MURDERER IS INSANE Sidney Sloane, Who Killed HI Father, a Spokane .Merchant, I Acoaltted. SPOKANE, Wash., Dec. 24. "Not guilty, by reason of Insanity," was the verdict returned today by the Jury In the case of Sidney Sloane, the 18-year-old boy charged with the murder of his father, James F. Sloane. a pioneer merchant of Spokane, Robbery waa the motive for the crime. After the verdict had been rendered Sloane arose aa If to leave the court room. but was stopped. His attorney desires that the boy be aent to the Insane asylum and this doubtlesa will be done. His mother, as the Import of the verdict was brought home to her, gave a sigh of relief. Her face changed color and then she bent over and hid her face In her hand. The verdict haa been received with evi dent disfavor. The trial wa the most sensational ever held In Spokare. It was clearly proved that on the night of August 29 last the boy came up behind his father in their home here and struck him blow on the I head with an axe; then, after robbing the ! dead man pockets, carried out the body and dumped It Into an alley two blocks .way. Returning, he made clumsy efforts to wash the blood stains from the carpet, ate an apple and went to bed. When the body wa. found next morning the son confessed and said he became en raged at things hla father had said about his mother. The defense claimed the boy had shown I sln" cf lnBanltlr from 'n'ncy WOMEN AND CHILDREN BURN Fir Destroy Hoes la Virginia aad Only Two Mea Eacape Death. NORFOLK. Va, Dec. 24 -The wife and child o( Samuel Perlner and the wife and child of William Grlmstead were last night burned to death at the Urlmit.ad house on Morris Neck, Princess Anne county. Messrs. Perlner and Grlnist'ad meanwhile slept in another part of the house until the flames spread to the room In which they were. It woke them barely In time to permit them to escape. t The charred bodies of th women and children were removed from th debris by their husbands and father FIREMEN MAI ASK FOR AID Threat to Call Ont Brotherheed Men on All Harriman Line. ACTION WOULD CAUSt GREAT SUFFERING Fael Supply at Point Along t alon raria,f Low Mea Have Con tract with Road aad Have - No Grievance. A statement was sent out from the Texas headquarters of the striking fire men on the Southern Paclflc to the effect that If necessary to win the firemen on all of the Harriman lines would be called out. Speaking of this, a high official of the Union Paclflc said last night: The Union Pacific ha a contract with both the Firemen's and Engineer's brother hoods which was made during the past summer and Is to continue for two years. At the time It waa made the agreement waa said by the men to be entirely satisfactory and sine that time nothing has trans pired to Indicate that either organisa tion had any grievance. From a personal knowledge of the men I think 1 can safely say that I know there Is the best of feeling between the firemen employed on the Union Paclflc and the officials of the company, and if a strike should come It would be purely one of sympathy. 'In view of the conditions now prevail ing I am loath to believe that the firemen on the Union Paclflo would desert their poets at thl time. It would simply mean freezing for the people along the line of the road. The company has made It a point to keep In touch with the fuel suppl) at all polnta on the system, and no matter at what cost to see to it there waa no suf fering. In order to do this the company baa depicted Its own supply until now It haa on the average only three days' sup ply ahead, whereas It Is the aim of the company to keep thirty days' at all times. In spite of these efforts to keep up the supply It hio been Just aa Impossible to accumulate any reserve In the towns along the road aa It haa for the company Itself to accumulate one. A tleup of the com pany's llnea would therefore mean untold suffering along the road. This taken In conjunction with the fact the men have no grievance against the company convinces me that they will not Join In any strike movement at this time Just as real winter weather Is to be anticipated." Train Are Running;. NEW ORLEANS. Dec. 24. General Su perlntendent Cushlng and other officials of the Southern Paclflo when seen today refused to discuss the strike of the firemen on that system. It is estimated, however, that 400 men on thla section of the lines are Involved. Call boys who en deavored to have firemen go out early today were compelled to report that employe re fused to respond. In consequence of notification that no more freight would be accepted . by the Southern Paclflo -many railroad llnea can tering here are dlvertlnng freight to other routes. HOUSTON, Tex., Dec. 24. The following official statement waa Issued today from th office of Vice President Fay of th South ern Paclflo railway: All our trains are being operated on scheduled time. There Is no delay wnat ever and the only trains laid out since the beginning of the firemen's strike were half a dozen switcn engines last nigni. No statement has been issued as yet from the headquarter of the striking firemen. DIAZ DEMANDS QUICK ACTION Development Company Must Control Colorado River or Lose It Concession. WASHINGTON. Dec. 24. Th 8tate de partment bas been advised by Mr. Thomp son, the American ambassador to Mexico, that the president of the Mexican republic haa taken prompt action looking to the remedying of the damage to property In the Imperial valley, aa the result of the over flow of the Colorado river into the Salton sink. President Dlas, through the De partment of Colonisation and Industry, has advised the Companle de Riegos y Terrenos de la Baju of California that In view of the Irreparable damage which property Is liable to suffer In the Imperial valley In case the overflow of the Colorado river continues towards the Salton sea the pres ent conditions must have a prompt and efficient remedy. Peremptory orders have been Issued to the company by President Dlas that It initiate the work of repairs within ten days and that within three months It must control the situation of the Colorado river, close the open gap on Its borders and definitely retvrn the waters to their old bed. In case the company doe not comply action will be taken to annul tho concession to divert the water of the Colorado river. This action waa taken the result of negotiations conducted by this government with the Mexican govern ment. DEFENDANTS LOSE . POINTS I'nltcd State Sapreme Coart Make Preliminary Ruling la Case from Teaaece. WASHINGTON. Dec. 24. -The supreme court today decided adversely to the de fendant the preliminary question. Involved In the case of Sheriff Shlpp and twenty-six others of Knoxvllle, Tenn., charged with contempt of the supreme court in lynching a negro named Johnson after the court had tasen cognisance ot the case. The opinion waa handed down by Justice Holmes, who announced that with tha preliminary disposed of, the court would proceed with the prosecution. He did not say when the next step would be taken, Justice Holmes, In announcing the con elusion of the court that the lynching con stituted a contempt, said: The acts charged constitute a contempt and their character does not depend upon a rice inquiry, w.ether after the order made by this court, the sheriff was to be regarded as bailee of the United States or still held a prisoner In the name of the state alone. Either way the order sus pended further proceedings by the state against the prisoner and required that he should be forthcoming to abide tha further order of this court. It may be found that what created the mob and led to the crime was the unwillingness of Its mem ber to submit to the delay required for the trial of the appeal. From that to the Intent to prevent that delay and the hear ing of an appeal Is a short step. If that step Is taken the contempt Is proved. Thse preliminaries bring settled, the trial of the case may proceed. Fatal Wreck In Sew lark. ROCHESTER. N. Y., Dec. M.-A light locomotive collided with a passenger train on the buffalo, Rochester ar Pl'tsliurg rail road near fciagle early today. Michael Lynn of Rochester, engineer, and Henry tialli of Warsaw, fireman, of the passenger en gine, ere killed; George McNally, engi neer of tli light engine waa badly Injured, and E. V. Palmer, fireman of the light en gine, is reported to have been killed. Th smoker and bkgguge car were .mashed and th paMtiifcor coachr were hurl -d from th track, tut no paBngi wr In jured. . NEBRASKA WEATHER FORECAST Fair Tuesday aad Wednesday. Temneratar at Omaha Yeaterd yt a Deer. n a 1 p. m a 0 " m. in. , , , T a. m ..... . a. m 8l i 2 SH an at Kit Jtn jut 54 83 .11 ni no It p. m . . . . , 4 p. tn (I p. m fl p. m f a 10 a. 11 a. VJ m. T p. m M p. m p. m . VOTE TAKEN FOR POSTMASTER Joha W. Gordon a a Result Is Recom mended to Handle Mnll at Presho, S. D. (From a Staff Correspondent.) WASHINGTON, Dec. 24. (Special Tele gram.) Representative Burke today recom mended John W. Jordan to be postmaster at Presho, S. D. There were several candl- late for the position and It was Anally decided to submit tho names of various candidates to a test of a popular vote, tho result of which was, received today. Indi cating that Mr. Jordan had received a ma jority vote of the patrons of the office, and thereupon Mr. Burke recommended the ap pointment of Jordan. Postmasters appointed: Iowa, Corley, Shelby county, I-esllo A. Campbell, vice W. H. Nelson, resigned; Fertile, Worth county, Henry O. Rhell, vice J. H. Kirk, resigned; Stilson, Hancock county, Robert I. Carlson, vice H. A. Hamilton, resigned. South Dakota, Slsseton agency, Robert county, Annie Anderson, vice M. L. Peter son, removed. Rural routes ordered established March 1 In Kingsbury county, South Dakota: De- smet, route S, population 600, families !00; Esmond, route 1, population 445, families 89; Hetland, route 1, population 415, families 83; Iroquois, route 1, population 4G0, fam ilies, 92. (Rural carriers appointed for Nebraska routes: Blwood, route 1. Carl A. Medalen. carrier; Arthur C. Anderson, substitute. Benson, route 2, Burt L. Chllds, carrier; LUUe Childs, substitute. Miller, mute 1. Roscoe C. Abel, carrier; Laurence R. Abel, substitute. Palmer, route 2, Charles B. Peck, carrier; Clement Lambert, substitute; route 4, William A. Nicholas, carrier; Cur tis B. McCormlck, substitute. Pleasanton, route 1, Levi W. Lewis, carrier; William S. Lewis, substitute. SARGENT IS AT HIS DESK Immlgratloa Commissioner Return from Honolulu, Where He Saw Portuguese Laborer Land. WASHINGTON, Dec. 24. Immigration Commissioner Sargent was at his desk to day after a trip of several weeks, during which he visited the Immigration stations t Honolulu and San Francisco. While he wa at Honolulu 1,379 Portuguese Immi grants from Funchal and Madeira arrived. Commissioner Sargent superintended their landing and before he left many of them already had secured employment. Mr. Sargent, who went to Honolulu at the special request of President Roosevelt to be present at the landing of the Portu guese Immigrants, called on the president during the day, . . "There are probably 80,000 Japanese In the Hawaiian Islands," said Mr. Sargent, "and they are arriving there at th rate of from 800 to 1,000 a month. The new ar rival do not remain long on the Islands, however, and oon go to the Pacific coast. They are leaving In large numbers by each steamer. In the last twelve month 12,000 Japanese have gone from the Hawaiian Islands to the mainland of this country." Mr. Sargent waa asked why the Japanese go to Hawaii. He explained It by saying that as he understood the case the Japa nese government does not Issue passports to the United States proper, as It Is un aware whether it cltixens could get work here, but the fact that there la a demand for laborer. In Hawaii Induces the Issue of passports to the islands. Mr. Sargent admitted there was consid erable feeling against the Japanese In many portions of the islands, as their labor Is cheaper and their merchants are under selling the American merchants In the Islands and taking away the trade previ ously held by the latter with the Jupanese. FURNITURE RATES ALTERED Light Weight Cause Change In Rate for Good to Far Paclne y Coast. WASHINGTON. Dec. 24. An agreement has been reached by the Interstate Com merce commission with the railroads in terested in regard to the complaint of the North Carolina Case Worker' association filed with the commission several weeks ago. The complaint was that on shlpmnets of furniture from North Carolina and Vir ginia points to the Pacific coast the rail roads demanded a minimum weight of furniture In thirty-six foot cars of 20,000 pounds. This weight the association as sertcd was excessive, aa It was Impossible to load a thlrty-slx foot car with more than 16,000 pounds of furniture. Today It wa agreed by representative of the railroads to carry the furniture to Pacific coast points at the present low rate with a minimum weight of 16,000 pounds to a car. The agreement contemplates a readjustment of the rates on furniture. STRIKES ARENCT SERIOUS Northers Texas Feel 51a Effect of Cessation of Work by Engineer. DALLAS, Tex., Dec. 24. Apparently the strike of firemen on the Southern Paclflc Is of but slight effect In northern Texas. The Houston & Texas Central Is hot se riously affected and the Texas & New Or leans railroad has but few men located In Dallas. These two roads form part of the Atlantic division of the Bout hern Pacific svstem. Today's Texas & New Orleans through I train wa reported four hour late. It was said that the train carried nothing but mull cars. Railway men declare that on Friday about forty men were brought to Dallas for the purpose of breaking the strike. These men have already been given employment. ARTHUR B. SMITH CHANGES Northern Pacific Maa Goe ta Electric IJnea of the Sew Haven Road. . NEW HAVEN, Conn., Dec. 24 Arthur R. Smith, assistant general passenircr agfnt of the Northern Pacific rallrond, was t'Hluv appointed traffic manager of the Consolidated Railway company, the elec tric railway system controlled by the Niw York, New Haven c Hartford Railroad con. puny. BIG HOLIDAY TRADE 8moi Juit Closed is the Best in CnaWa Entire Eintorj. RETAIL BUSINESS BREAKS THE RECORD Christmas Tar This Tear Tiidi Local Uerchanta tatiified. LITTLE STOCK LEFT IN SOME LINES larse Crowd af Eager Buyara Thronra tha Etreata Monday. EARLY SHOPPING HELPS THINGS SOME Expressmen and Messenger Roy Work Hard at Might and Ar lp Bright and F.arly In th Morning, It has been the best Christmas season for business In the history of the city, say men In all lines of retail trade In Omaha. From early morning until lata at night Monday the eager crowds of shoppera thronged the streets and surged In and out of the stores. Some had forgotten some little present they intended to give and were rushing madly to find it at the last moment; others, with habitual habits of procrastination, had not been to buy any thing at all and had doxens of presents to select on the last day. The crowds In the stores were so large that the shoppera could not and did not expect to receive tho beat attention, even though the hun dreds of extra shop girls and men did their very best. All waa hurry and bustle down the aisles of the big department stores and tho same condition prevailed In the little one-room shops. The day was an admirable one for shop ping, not too warm and not too cool, and many a woman who had really finished her Christmas buying a week or so before could not resist the temptation to come down town for one last hour or two. Had the day not been so pleasant the trade might not have been so large. As It wA the merchants say It was as good as It usually Is when Christmas eve cornea on Baturday. This rush of trade had continued for ten days and some declare that for vn a longer time than that their stores con tained absolutely as many people aa they could accommodate. Last Saturday was one of tho very biggest days In the history of local trade. (Two or three other day last week showed up a wonderfully large volume of trade. There have been really no poor days since tho dealers first placed their Christmas stocks on sale. Some Early Shopping: Dona. The campaign for early Christmas snoo ping ha been In a great measure suc cessful. Men In all lines of th retail business testified to the truth of thl state ment when asked for their onlnlon as the season was drawing to a close. 'There waa more shnnnlnor Ann arlv In the season this year than formerly," said one. "From the time we placed our goods on . display we had an excellent business every ' day, and I have no doubt tni tendency to come earlv nrevnntA a complete congestion In' the store at the very last." The volume of business has been so much greater this year than ever before that the people actually could not nave Dought what they wanted, many of them. If a large DroDortlon nf th h not come a week or two before the sea son s close. "Last year's holiday season was an . oellent one In this store, and yet there is no comparison between It and this year. I have talked with some of the other mer chants and I find this expression to be universal. If the local retailer cannot And In this Christmas a happy culmina tion of a remarkably prosperous twelve month, they are. Indeed, an ungrateful class of people. "Speaking of the early shopping, I trust and believe the merchants will keep the agitation going. It takes years to educate people along any line, and they have been buying at the last chance so long they will not be won away from that custom for several year. We have a good atart this year, though, and we can da still better another year. Each one who haa come early thla season finds herself so pleased that she becomes a living advocate of the Idea and put In a few word for It every time her friends tell what a terri ble, time they had buying their Christmas things. Stocks Mach Depleted. Seasonable stocks were very adly de pleted when the light were put out in the stores Monday night. In fact, they were sadly depleted, some of them, several days ago, and when Monday night came there was absolutely nothing left in some lines. In the fall the merchants laid in what they considered a sufficient supply, but even their greatest experience were ex ceeded by the sales and their supplies hardly lasted to the end. An estimate of the increase over last year would be difficult to make. Some merchants say 20 per cent and some nm as high a 60 per cent, but at any rate the Increase was Indeed generous. Perhap the greatest Increase la reportd by the jewelry stores, some of which have almost doubled their sales of a year ago. Said one of the jewelers: "The way people are buying jewelry these days would have been a riddle a few years ago. Why, they think no more of paying M for a necklace now than they thought five years ago of paying 15 for a watch with a silver caxe. Diamonds, pearls and all sorts of costly ornaments have gone at a great rate this season. Jf this high tide of prosperity lasts, everybody will be rich In a few years." It waa the same way In other lines; the shoppers spent readily and they bought the best of articles. Perhap never before was the call for high grade goods more universal. It was a certain evidence of general prosperity that a great portion of poorer goods Is still laying on the shelves, whlla the high class stuff Is gone. Rut then, the dealers were wise and didn't buy very much of the cheap grades, i Delivery of the Good. The shop people were not the only tired ones Monday. To say nothing of the the shoppers themselves, tha street car men, the mull man, the expressman and the messenger boys, were all but worn out. The poor messenger boys were on the hop from morning until midnight, many of them working sixteen hour Instead of their usual ten. They had to do It, for messenger Iniys were scarce and calls on them for servlre were as the sitnd of the sea. First one went to tak a package to one part of the town from ,a jeweler's, then he went to another purl of the city with something from a drug store, then he wnt to still another district with a package sent by a yourg man to hla swet ert. Tne expnssinen did about a mucb t 1