The Omaha Daily ' Bee () VOL. XXXVI-NO. 173. OMAIIA, SATURDAY MORNING, JANUARY 5, 1907-TWELVE PAGES. SINGLE COPY THREE CENTS. 1 X i MEW YORK TO' JAPAN jTarriman Csmmunitj of Intertit Extendi Half Way Around ths Glsbs. STEAMSHIPS AND RAILROADS COMBINED Southern Pacific Owni Paciflo Vail aid Line from lew York te Hew Orleans. UNION PACIFIC CONTROLS SAN PEDRO ROAD Rock Iiland and TJaion Faoiflo CirUe Control of Chioaco & Alton. HOLDING t OF STOCKS IN OTHER ROADS Union, Pmclfle PirehHci Millions of ' Illinois Central, Santa Fe, B. at O. and St. Paal Stock Oat of Earnlnga. ilEW YORK, Jan. 4. Modern methods of combining; and consolidating" mammoth rail way systems and extending the principle of community of Interest were Investigated here today at great length by the Inter state Commerce commission, which began an Inquiry Into the so-called "Harrlman tinea" The commission goes next week to Chicago. Several other cities may be vis fted before all the desired testimony is In the -hand of the government representa tives, whoso object is to determine whether any of the railroads of the country are consolidated or combined In restraint of trade.' ' Counsel for the Union Paclfle company announced that President Harrlman would be unable to appear before the commission for ten days or more on account of Ill health fallowing an operation. He said that Mr. Harrlman could testify at his own house If the commission de sired. He urged, however, that the taking of Mr. Harrlman's testimony be postponed. Mr. Harrlman was excused from attend ance at this time. At today's hearing It was brought out and admttted that the Union Pad no Rail road company, tho Southern Paclfle com' pany, the Oregon Short Line and the Ore gon Kail road and Navigation company are practically under the same administration. Mr. Harriman appearing as president of each company, with only slight variations In the lists of other offlcera It was further shown that the Southern Paclflo company owns the Paclflo Mall Steamship company; that the Southern Pa cific and Union Paclfle together hold a majority of the Occidental as Oriental steamship company; and that the Harrlman . Interests own the Portland & Orient Steam ship company. It was said the Occidental is In liquidation, but It still operates two steamers. On the Atlantic ocean It was shown that the Southern Paclflo owns the Una of steamers ' running; between New York and New Orleans, formerly known as the Morgan line. Control of (an Pedro. ! ' '.The Union Pacific, by means of an agree ment signed by Mr. Harriman and Benator William A. Clark, has, a traffic arrangement . .with the San' Pedro, Los Angelea Salt P Lake ' railway lasting ninety-nine . years. This agreement was entered Into In 1901 and by Its terms the Ban Pedro cannot raise or lower Its rates without the consent of the Southern Pacific. The Union Paclflo exercised Joint control with the Rock Island over the Chicago A Alton railroad. The agreement Is that the Union Paclflo shall hare charge of the road one year and the Rock Island the next. 11 This agreement, entered Into by Mr. Harrl man and W. B. Leeds, extends for a period of ten years from 1804. The Union Paclfle owns 128,123.100 worth of stock, or ZS.6I per cent of the capitalisa tion of the Illinois Central railroad. The Union Paclflo also owns 1S.08Z.S0O Worth of stock of the St. Joseph Grand Island railroad, which Is 17.17 per cent of the whole. - The Oregon Short Uni owns $39,540,100 worth of stock la the Baltimore c Ohio railroad, this being 18.62 per cent of the whole. Of Chicago, Milwaukee St Paul stock the Oregon Short Line owns 13,690,000 worth, or 1.43 per cent. The company also owns 12,(72.000, or J.68 per cent, of the stock of the Chicago Northwestern; 110,000,000 of the preferred stock of the Atchison, To peka at Santa Fe, being 4.28 per cent, and U4.saG.746, or 1M per cent of the capital stock of the Now York Central Hudson River railroad. Of these holdings by the Harrlman com panies, the stocks of the Illinois Central, Baltimore Ohio, New York Central. Chi' jm cago 4t Northwestern, Chicago, Milwaukee ft IK. raui. jLUUMon, -iopeaa Banla re and 8C Joseph Grand Island, aggregating in value UM.28,74C, have all been bought since July L 1908. " Beaa at with Ea.rwtwgpa. : "Where did the money some froraT" asked members ef the commission. la reply It was stated that the Union raclfle showed last July e surplus of $14,000,000, ' The Oregon Short Una declared a dividend of CO per cent on Its stock held by the Union Paclflo and also eontrib uted out of Its general assets to the pur chase money. After placing in evidenos as to the own- '' ershlp of the so-called "Harrlman lines,' counsel for the Interstate Commerce com mission then had Alexander Millar, eecre- . tary of the Harrlman company, read frpm the minutes of many Union Paclflo execu tive committee meetings in which it was shown that Mr. Harrlman reported various ' things he had done and the committee simply voted to ratify and confirm his ac tions. It was also shown that Mr. Harri man was given authority U borrow money for the Union Paclflo company without restriction. . , There was read from the minutes t eopy of Mr. Harrlman's letter to George J. Gould acknowledging Mr. Gould's letter in which the Utter told Mr. Harriman he had determined to support the construc tion of the Western Paclflo railway. Mr. Harrlman told Mr. Oould he would decline to qualify as a dlrsofer of the Rio Orande Western, as be did npt wish to be in any way responsible for the attitude of that company toward the Western Paclfle. . "The era of prusporlty through which ws are now psitig," a rots Mr. Harriman to Mr. Oould. ''has bcn marked by less con' structloa of sumpeUtive and non-producing lines of transportation than anything else. but there has been great expenditure in providing for improvements and additional facilities to the already existing Unas, , thereby better conserving the interests of i?hs public and the shareholders as well. ' f For myself, I shall regret the loss of your . advice, which I have valued In our affairs, as well as the personal pleasure of having you Included la them." Counsel placed before the commission by Continued, an fieoaaa faga SUMMARY OF HIE DEE Satarday, Jeaaary B. lftOT. ' ' THI WBATKCBi FORECAST FOR NEBRASKA In creasing cloudiness Saturday; rain or mow In west portion; colder In northwest portion. 8undtv snow and colder. FORECAST FOR IOWA Fair Saturday and warmer In east portion. Sunday, probably snow and colder. . Temperaturs at Omaha yesterday Hour. Deg. Hour. Dg. . 4 ft a. m. C a. m. Tarn. 8 a. m. lam. 10 a. m. 11 a. m. 11 m..., 22 1 p. m 1 p. m 11 II 22 24 I P- 4 p. P. p. 7 p. 8 p. P. m. ....... m m m m m 25. II 14 40 m DOMESTIC. Investigation of Harrlman system de velops fact that It controls many railway and steamship lines and owns stock in others. Page 1. Heavy rains do much damage U prop erty In many portions of the east and south. Fage a. WASXIXOTO. Officers of land offices are prdered to re move all Illegal fences found on public domain after April 1. rags 11. President Roosevelt suggests that con gress consider law authorising lease of grazing lands under proper restrictions. Page X. Congressman -Kennedy puts In some gopd work for Improvement of the Mis souri river. Pegs X. XTXBXASXA. Former State Treasurer Mortensen turns over $7,640,021.18 to his successor and receives receipt therefor. Page 3, Principal interest in legislature now centers on makeup of committees, but members of both bodies are unable to as certain where they will land. Page 1. 8. K. Harkness of Alma shot and in stantly killed in quarrel with tenant whom he sought to eject. Page 3. Senator Dietrich replies to allegations of Colonel John 8. Moaby and says they are Inspired by political enemies, among whom he lists Joe Bartley, W. 8. Summers and Senator Millard. Page 1. &OOAX. Nicholas Ruleau, an educated Indian, testifying in Mod I sett land trial, denies signature to document purporting to be a lease for land entered on. Page 1. Filings in land office in Wyoming In dicate much contemplated construction by the Burlington road In that state. Page. 7. Failure of Robert Cowell to be sworn In as railway commissioner may deprive him of right to office. Page T. City council has a serious time making the available funds satisfy the needs of the various city departments. Pags 5. Plenty of green things on the market and prices are rapidly coming down. rage 4. oomroxx s&urra ajtd iowa. Promoters of central bridge of the Mis souri river have not abandoned hope of securing a charter from congress. Page 11, Governor Cummins announces he com muted death sentence of Busse because of doubts whether he had a fair trial. Page 11. ooMiczmczAx.'""' Dun's Review of Trade shows unusually small stocks of holiday goods unsold and nearly all factories working to capacity. rage a. KOTXStZHTI Or OOZAX SjTXArR7rS Arrived. Bulled. .. Perugia. Nauatrla, ..lilton la ..Hall ..Calabria .. Macadoola NEW YORK.. NEW TOKK... BRKMKN , MARSEILLES... HAMUl'RU BOliLOttNB QUEKN8TOWN Cyavlo. BOSTON Slclltan.. ST. JOHNS HALIFAX Parsrisa. Imp. of BrlUla... TRIAL OF ARMY OFFICERS Major Penrose and Captain Mack.Ha Mast Appear Before Conrt-Mnr-tlal Febraary 4. LAWTON, Okla.. Jan. 4. Major Charles Taylor, In charge of the Thirteenth cav airy, stationed at Fort Bill, today re cetved official notice from General Mo Caaker. commanding the Department of Texas, that the general court martial, which is to try Major Penrose and Captain Edgar B. Macklln of the Twenty-fifth In fantry, will convene at Fort Sam Houston February 4. The date of the trial was de laved by the assault on Captain Macklln at Fort Reno on the night of December 21 by an unknr.wn man, supposed to be one of the negroes of the discharged company, The specific charge which the two officers must face is that of "conduct to ths pre judice of good order and discipline In fall ing to exercise due diligence in preventing rioting at Brownsville, Texas, last August. Ths trial was to have begun today. X a-BBBSBBBBasBanBnannnaannnBBBnaannnnBBs WILLIAMSON JJROPPED OUT Boas Committee af Convicted Oregon Congressman Goes to Repre sentative from California. WASHINGTON, Jan. 4. In the house to day the speaker announced the appoint ment of Representative Eoglebrtgbt or California to a place on the committee of mines and mining In place of Mr. William. son of Oregon, who was elected a member of the Fifty-ninth congress, but who has never attended any of Its sessions. -. He called the attention of the. house to the fact that Mr. Williamson had failed to qualify, and he thought It the correct prac tice to displace one member for another. Mr. Williamson was indicted and con vlcted in the land fraud prosecutions Instl tuted by the government In Oregon. He appealed from the Judgment of the trial court and is now awaiting the aotlon of the appellate court He has not ap peared since his election in 1804. MYERS CASE T0BE APPEALED Attorneys for Mtssoarl Woman Denied Writ of Ha hens Corpas Not satlsged. KANSAS CITY, Jan. A This afternoon tho attorneys of Mrs. Aggie Myers said they would on Monday next file an appeal to the United States supreme court from the decision of Judge Philips, who this morning refused to grant a writ of habeas corpus. It is their intention to get the appeal In so late that ths United Btates supreme court cannot act on It earlier than nine months or at Us next term. eothera Employee Ask Raise. ATLANTA. Oa., Jan. 4. The conductors. swttrhmeu. brakemen and trainmen of the Southern railaay have ent representatives to Washington to cunsul with the orticals of that road lor the purpose of securlMS Inortmae of waatus. All divisions will be rirented. it is stated that a 10 per oen liK.rw.se atll be aaked for. The Increased Lcvet of living is glve M rsavma fur a,- f-- Sj afeUsAsaUMfaa RED MAN DENIES SIGNATURE Carlisle - School Graduate 6!tm Teitiraony in Land Caie. Bplcy SAY? t.0NE ELSE SIGNED NAME Ja ? " ager Rales Ae4s ef Congress j t Rales ef Interior Depart f at Constitute the Law la - the O .olas Ruleau, an educated Sioux In . rom the Pine Ridge agency, was the 6f the Indian witnesses to testify In Modlsett land case. He gave a little pl to the monotonous evidence given by other witnesses by emphatically deny- ng that he had signed any contract with the Modisetts or anyone else as a grastng lease. When shown such a document he said: That is my name all right, but I did not sign It It Is my signature, but I did not write it The only papers that I Igned were long papers. No lease was ever mentioned to ma The only other papers that I signed were the application for an entry and the affidavit, and another paper I afterward signed at the agency to relinquish my land In Nebraska. This relinquishment was signed by me on Sep tember t, 1S04. I 'remember the day be cause It was beef Issue day at the agency. made my filing at Rushvllle at the sug gestion of W. C. 8 moot on July 26 of that same year. .He told me that the Modlsutts wanted to get men to file on land' In Ne braska for 121. I went to Rushvllle with ten or a dosen other Indians that day and made the filing. I told the district clerk. Miss Stewart, that I didn't under stand the papers I was to sign, but she didn't pay any attention to ma After signing the filing paper I only signed one I was handed 25 by Frank Going, who received the money from one of the Modisetts, I believe." Such was the testimony brought out on the cross-examination of this witness Fri day afternoon. Modisetts to Improve land.' Friday afternoon's hearing opened with Frank B. Mclntyre still on ths stand. He testified he was chief clerk at the Pine Ridge Indian agency and that he was so licited to make a filing for the Modisetts by H. C. Dale at his office at the agency, but that Dale was the principal spokesman. He said: Mr. Dale wanted me to make the filing and that the Modisetts would make 'the necessary improvements on the land for the use of the grass for five years and they would pay all expenses of filing. I went to 1 ill . , . k. .1 1 1 . I . V. other parties from the agency. We were given to understand . that persons In the government employ would not have to live on the land. I made the filing. I did not sign any lease. The only talk about a lease was the one had at my office at the agency. did not see ths land (before filing but I did visit It that fall. The land was a mile or so from the Modlsett ranch house, and there was a small 10x12 house .on It I think there was a table in the house and a bunk. I made no Improvements on the land myself. I did. not give my address -as at Rushvflle, as appears in the papers, but as at Pine Ridge agency. I did not authorise anyone to give my address as at Rushvllle." No Attempt to Deceive Officer. In his cross examination ths witness said: "There was no talk about turning the land over to the Modisetts after I had proved up. We only talked a little at Pine Ridge about the use of the land for grass for the Im provements. ' I had no Intention of deceiv ing any officer of the government In mak ing my filing. I would not have made the filing had not the filing expenses and im provements been provided for by some one else. Nothing was said about planting trees on the land as a part of the Im provements." Adrian M. Layman, a stenographer at the Pine Ridge agency testified similarly to the preceding witness. Charles A. Nash, station agent at Rush vllle, testified that he had been solicited by Dale to make a filing and did so. He did not execute a grass lease. 'Dale Informed me," he said, "that resi dence on the land was not necessary. After making my filing 1 went out to the land and found It was located about three miles from the Modlsett ranchhouse. There was a fairly good house, though small on the land. Inside of the house was a stove, bunk with hay on It, some keresene, a ta ble and a couple of barrels of chips for fuel. I had never been there before. I stayed there about half an hour at this time. The house was a pretty good one, about 12x14 in alse. I went out a second time and stayed there all night and part of the next day and took with me some bedding and victuals. I went out again about six months afterwards, but stayed that night at the ranchhouse. though I v1s Ited the land. I never went out there again. I entered Into no agreement to sell the land te the Modisetts or anyone else. Solicited to File, bnt Refnsed. Melvtn Baxter, blaoksmlth at the Pine Ridge agency, testified to having been llclted to make a filing by Dale and one of the Modisetts, and that he went to Rush- vllle with a party for that purpose, but de ctdad after he got to Rushvllle that he would not do so, and did not Nicholas Ruleau. a Sioux Indian, who spent ten years at the Indian school at Carlisle, Pa., said In his direct examination 'I have never received an allotment of land under the United States laws. I was solicited by Mr. Bmoot to make a filing for the Modisetts in Nebraska. He said they would give me 12B for doing so. I said if I did not lose my right by so doing I would maks ths filing. He said thst would be all right. Bmoot told me that I would not have to live on the land, and so I went down to Rushvllle and filed with sev eral other Indiana After we signed the filing papers we got onr money. Mr. Modi sett handed ths money to Frank Going, and Oolng handed the 13 to me. I never went onto the land at all. I made the filing July 20, 1904. at RushvUle. I did not know where the land was." Denies Slgnntnro ta Iaae. Rulsau was then shown a paper alleged to be a lease by Mr. Qurley, but while he said his name was signed to It, he did not write the name nor did he ever see the paper. The lease was a small paper about eight Inches in length, but Ruleau Insisted that the only papers that he signed were long papers. The last witness of the afternoon was Frank Oolng, a mixed Mood Ogalalla Sioux Indian from the Pine Ridge agency. Ha testified that he had not received any allot ment of land as an Indian. He bad been solicited by Mr. Bmoot to make the filing for the Modisetts at the agency la July, lt4. with other Indians, with tho under standing that they were to receive K each for filing, and that after filing they had re ceived the money. ' "Mr. Modlsett," be said, "gave me some of the money to hand to other Indians and 4PnUaue4 en Booead V4 NEBRASKA MEMBERS FLOAT IN Kannody Pats In Seme Warlc for River Improvements While) Enroate. (From a Staff Correspondent.) WASHINGTON, D. C, Jan. 4.-(8peclal Telegram.) Three of the six Nebraska members of the lower house were on the floor today. Congressmen Norrls, Hlnshaw and Kennedy, Congressman Hlnshaw spent the Christ mas vacation with his wife visiting old friends In Indiana. Mr. Kennedy arrived from the west this morning, having made good use of his time on the train from Chicago to Washington in presenting to Representative Davidson of Wisconsin the necessity for the improvement of the Mis souri river at and near Omaha. Mr. David son Is chairman of the subcommittee on. rivers and harbors, having that part of the river in charge for local improvement purposes. Representative Martin of South Dakota reached Washington this morning and was on ths floor when the speaker's gavel fell convening the house. While Mr. Martin refused to talk for publication. It was in ferred that the opposition to Benator Gamble is leaving no atone unturned to bring about his defeat. Numberless candi dates are being brought out by the anti Gamble forces and the newspapers are gen erally reported as lining up for the stal warts, as the anti-Gamble crowd are de nominated. However, from other sources It is learned that Senator Gamble la en tirely satisfied with the conditions and he believes confidently In his election. In response to a resolution of the house of representatives adopted last December, calling upon the se6retary of the interior for a full report regarding all public lands withdrawn from entry since July 1, IKS, the following was received by Speaker Cannon today: ' The withdrawal of lands supposed to contain workable veins of coal which were made during the year ended July 1, 1SW8, were. In Wyoming, 13,085,3)0 acres. There were also withdrawn from public entry W, 440 acres of public land in Wyoming on ac count of reclamation projects, and 618,7.6 acres of the public domain in Wyoming was Segregated for forestry purposes. ' The body of Brlgadlsr General John Walker Barriger, U. S. A., retired, who died at Asbury Park, N. J., December 21, were Interred yesterday at Arlington cem etery with full military honors befitting his rank. Edward F. Duffy has been appointed postmaster at Flagler, Marion county, la., vice A. J. Booth, resigmid. Rural carriers appointed: Iowa Melrose, Route 4, William E. Packs, carrier; James A. Ward, substitute. New Virginia, Route 8, John H. Fullmer, carrier; Harold Felton, substitute. South Dakota Mitchell, Route 1, Theodore Osborn, carrier; Angle Osborn, substitute. Parker, Route 7, Howard Dex ter, carrier; Charles Dexter, substitute. Master Signal Electrician Karl W. Blnk ley. Fort Omaha, will be sent to San Fran cisco for duty In the office of the chief signal officer of the Department of Cali fornia. WILSON IS VISITING PEORIA Secretary of Asrrlcultaro Takes Evi dence on Blending of Spirits for BverngV' '.' PFWRTA, Jan. -4. James Wilson, secre tary of agriculture, and party from Wash ington, consisting of Dr. J. W. Wiley, spec ial chemist and Attorney W. O. P. Mc Cabe, arrived in Peoria early this morning to hear the pleas of the local Independent distillers on rulings by the agricultural de partment relating to the pure food law and bottled In bond whiskeys. After a short stay at the National hotel the party was met by Peter Casey of the Corning Company and taken over the city to the distillery district where they were Joined by other of the local distillers. The visit of the national officers has to do with the lessening of the rigidity of the ruling of the Agricultural department on the new law and the arguments that the local distillers have set .up to the effect that certain brands that have for a long time gone by certain names which did not designate exactly the contents and the pro cess of msking. be allowed to continue In Interstate commerce. Up to the present time there has been a variance of opinion between the Depart ment of Agriculture and the distillers. Secretary Wilson Intimated that Peoria In dustries would not suffer. This Is taken to mean that the clause "like spirits" will be more liberally construed and that rather than holding that spirits must be four years of age before being recognised as whisky, the government will permit the mixing with aged goods of a proper test with new and purely rectified spirits. LABOR NEEDED IN 'FRISCO Promotion Committee lays Hod Car. . rlers Are la Greater Demand Than, Mechanics. BAN FRANCISCO. Jan. 4. The labor situation In San Francisco is rapidly sa sumlng normal conditions, according to In' vestlgatlons made by the California Pro motion committee. There Is still great de mand for ordinary laborers, not only In San Francisco, but also throughout the entire state, this being especially notice able in railroad construction. Hod-carriers are badly needed in Ban Francisco, but the demand for bricklayers and carpenters is slackening considerable and contractors say they have no trouble In getting all they need Just at present. A renewal of the demand is expected about the middle of March. Cement workers are needed as are structural iron workers. lathers and plasterers. Material for build' lng Is In good supply and no trouble !s being experienced in this line. Construc tion work is now going on in fifty steel and frame buildings ranging from five to six teen stories in height within six blocks of Union square, which was the center of the retail district before the fire. The demand for clerical and office help la constant and increasing as Is also that of household help and San Francisco alone can give employment to hundreds in thess lines. FATAL WRECK IN OREGON Englneor of Portland Expreea Killed and Fireman Missing After Track Sinks. PORTLAND, Ore., Jan. 4. A special to the Oregonian from Comstock, Ore., says that the northbound Portland express, the fast passenger train on ths Southern rail way between Ban Francisco and Portland, was wrecked about T o'clock last night two milee north of that ploca. Engineer Week land was killed and Fireman Long is miss ing. The passengers were uninjured. The accident occurred on a recently filled trestle, which had been undermined by the torrential rains of tho last few days. The track has sunk behind the train so that it can not be moved la either direction and It la now pare hod oa a ahaif e too, sleep grafts si tbe aaanon, - .- ' DIETRICH IN II1S DEFENSE Former Senator Denial Allegation Had hj John & Wosby. DID NOT DEFEND OR AID CATTLEMEN Attack In State Jenrnal Inspired by Friends of Joe Hartley and Enemies of D. E. Thompson. HASTINGS, Neb., Jan. 4. (Special.) Former Senator Dietrich this morning made the following statement relative to the charges by Colonel John 8. Mosby of the federal service that Mr. Dietrich aided the cattle men in Illegally fencing and main taining fences on government lands In Ne braska: "My attention has been called to the following interview with Colonel Mosby, which appeared, under Washington date. In the Lincoln Journal January 1, 1907: "Colonel Mosby, who headed the guerilla forces In the south during the war of the rebellion and who now holds an appoint ment by President Roosevelt ss a special agent for the Department of Justice, is vig orous in nis denunciation ol senator Mil lard and former Benator Dietrich. " 'These senators.' said Colonel Mosby. 'aided the cattle barons In Illegally fencing and maintaining fences on the public do main in Nebraska. When I was sent to Nebraska a few years ago by President Roosevelt to order down Illegal enclosures both Senators Millard snd Dietrich labored hard to have men recalled to Washington and permit the fences to stand. Faillna to block my way through their efforts at the wnite Mouse, they sought me personally. I Senator Dietrich went so far as to wire , me to come to Hastings, where he would "talk to me on matters that he could not put in a letter." " 'Besides these influences at work to thwart the duties outlined for me to per form were the allied interests of the cat tle men packers, commission merchants and banking institutions of Omaha and other interests throughout the state. " 'Even some of the cattle men among them Comstock and Richards, who were convicted the other day threatened my life If I didn't leave the state. , " 'I scorned the threats on my life and defied them. I am afraid of no man or set of men snd never was, as my record In the war will show. " 'I was not slow In telling the fence vio lators I would soon have them all In prison If I was not called off by the president. But the chief executive Is not the sort of a man to be bluffed by any interests or in dividuals who want to take the law in their own hands and defy Justice. " 'So much opposition was there to my proceeding against the cattle men that I received word from the Department of Jus tice to tho effect that if my orders were not respected I would be furnished with a regiment of regular troops to carry them out. If necessary. There Is no doubt In mv mind that both Millard and Dietrich defended the cattle barons for no other reason than to protect their own banking Interests, which were then, and are probably still, largely supported by the cattle men Dietrich Denounces Charges. "I have been the victim of many Infamous charges made by enemies which have been absolutely false. Just as the above charges made by Colonel Mosby are. As to the above charge concerning Senator Millard and myself, I answer for myself only, and not for Senator Millard, as I do not know what his relations are ' or have been with the cattleman. ' It Colonel"' Mosby stated that X ever mMed or encouraged any in dividual firm or corporation to Illegally ko quire title to, or enclose any part of the public domain, he is an Infamous liar. "Second, If it Is true that Colonel Mosby stated that any person, firm or corporation who has illegally- enclosed publlo lands, or any of the cattlemen who have been In dicted, ever owed any money to the bank of which I was president ever were or in any way obligated to the bank or myself, personally, directly or Indirectly, hs stated that which is absolutely false. "The onty semblance of truth In his al leged statement which applies to any act of mine, and which he trlee to misconstrue. was that by request of the cattlemen I arranged a meeting for them with President Roosevelt and Secretary Hitchcock of the Interior department. I believe that meet ing was held early in the year of 1903 at the White House. The result of that meet ing was that the cattlemen gave their word of honor to the president and Secre tary Hitchcock that all of their Illegal fences would be removed on or before the time set, which I believe was to be July L 1S04. The cattlemen, as well as myself, left that meeting satisfied that no further action would be taken by the government until after the time agreed upon. Sorry for Cattlemen. "For more than fifteen years the statutes had been violated by the cattlemen and condoned by the government and the presi dent, Secretary Hitchcock and myself sym pathised with the predicament of the cat tlemen, and knew that they would sustain an enormous loss and inhuman treatment of the' live stock unless they had a reason able time to remove their fences and make preparations for a change of conditions, and had the cattlemen lived up to their promises made at that time, none of them would now stand Indicted nor convicted. No man has condsmned those same men, slther publicly or privately, more severely than I myself. "Colonel Mosby's statement that I wished to have a cor'irence with him is true, and had such a conference been held I would have explained to him In confidence the understanding which had been had be tween the president Secrstary Hitchcock, the cattlemen and myself, and nothing more, and his attempt by inuendoes that I had any Intention of doing anything con trary ' to what has been above stated Is false, wicked and unmanly. Challenges UU Dntraetara. "In conclusion, I wish hero and now to state, and I challenge any person or persona for proof to the contrary, that every act of mine as a publlo servant both as governor of this state, and aa United States senator, has been as honest snd honorable. snd as free from any wrongful influences or motives as has been the acts and career of President Roosevelt that Colonel Mosby and my enemies commend so highly and in whom ths people Justly have such confidence. I have been the victim of such scoundrels aa Joseph S. Bartley, the defaulting state treasurer whom I refused to pardon, and his bosom friend, W. B. Summers, ex United States district attorney, who was afterwards Instrumental In securing his pardon from my successor; Leopold Hahn, the ss-saloon kseper whom I dsposed as postmaster at Hastings, who were aided by Senator Millard and the bitter enemies of V. IB. Thompson, In order to destroy my Ulflaence snd to punish me because I wo aid not do their bidding. "Now, having made a frank dental as to charges against myself and Colonel Mosby, I shall expect Colonel Mosby, If hs be a brave and honorable man, to give to the publio substantial proof of hie chsrges concerning myself, er publicly apologise for having made them. I am sorry that I bar not the raoord to strike terror to my enemies, as Colonel Mosby rfrs to in his eta lament ef klntmlf, but nevertheless, I again brand his charges as infamona baa. exut (9 fag m I bare e DAKOTA LEGISLATORS ON DECK Charges Against Senator Gamble Owly Thin in the Wny of His Re-election. PIERRE, 8. D., Jan. 4.-(8peclal Tele gram.) The first of the members of the new session are gathering, among them be ing J. H. Carroll of Klngsbnry and M. J. Phenney of Clay, candidates for the speak ership. The Black Hills delegation has brought along a candidate for the position of chief clerk of the house In J. H. Peter son, a young man from Lawrence county, end will fight ftr him on the ground that their section of the state Is entitled to one of the best places In one of the houses, and the clerkship Is about what they want. The name of L. A. Munson of Clark Is being mentioned as a candidate for the posi tion of secretary of the senate, which wilt make a three-cornered fight for that place. Among those so far on the ground the sentiment appears to be that If Gamble Is able to make a satisfactory explanation of the charges against him the convention Instructions should hold, but If his explana tion Is not satisfactory they feel that the Instructions should have little weight. The larger body of the members Is expected to arrive on the trains of tomorrow. FRUIT JOBBERS ADJOURN E. B. Branch of Omaha Is Re-elected Secretary and Next Meeting Goes to Chicago. KANSAS CITY, Mo., Jan. 4. The third annual convention of the Western Fruit Jobbers' association closed here today after electing officers and deciding to hold the next annual convention In Chicago In Jan uary, 1908. The following x officers were elected: President. H. M. Jones, Bloux Falls, 8. D. ; first vice president, W. L Wagner, Chicago; second vice president, T. D. Tur ner, Oklahoma City; third vice president, J. W. Howard. Denver: treasurer. Rose A. Gamble, Minneapolis; secretary, E. B. Branch, Omaha. The convention today adopted resolutions which made stringent charges against the alleged practice of the railroads In discrim inating In favor of the packers against fruit Jobbers and against the alleged practice of the express companies In marketing fruit and other products In competition with the fruit Jobbers. A traffic bureau Is to be organised by the executive committee before the next con. ventlon meets and the asaoclatlo nadopted a resolution favoring representation on the Interstate Commerce commission. , TWO VIEWS . OF DEMURRAGE Forty Associations of Shippers Wnnt Reciprocal Lsvr, While Railway Presidents Oppose It. CHICAGO, .Jan. 4. Railroad presidents today made a personal appeal to the Chi cago Commercial association to aid in a friendly attempt to improve existing trans portation conditions and relieve the present car shortage. Arrangements were made for a meeting next Monday between the ex ecutive committee of the association and the railroad men to discuss the arguments which the railroads havs presented to show that a reciprocal demurrage law would be unfair to the railroads snd a "positive Injury tii the shippers. While these negotiations were being made a convention of shippers representing forty associations in twenty states here, declared for reciprocal, demurrage by adopting a resolution declaring that congress should pass a federal law Indorsing and making It the duty of the Interstate Commerce com mission ts make proper rules for reciprocal demurrage. BANQUET FOR GOVERNOR-ELECT Friends of Coe I. Crawford Meet at Hnroa to Do Htm Honor Before Ho Leaves Private Life. HURON. S. D., Jan. 4. (Special Tele gram.) Friends of Governor-elect Craw ford to the number of 100 or more gave a banquet In his honor a the Kent hotel this evening. Several brilliant speeches were made and toaats offered. Amang them was Father Desmond, who spoke of Coe I. Crawford as a cltlxen. Major J. A. Pickler of Faulkton responded to "The South Da kota Insurgent Republicans of 1904," fol lowed by O. 8. Basford of Redfleld with "What We Stand For." Hon. E. C.'Erick son of Elk Point responded to "Governor Coe I. Crawford and What His Election Means." Then came a voice from Illinois by Hon. Joseph E. Paden of Chicago. Sena tor Gamble, Congressman-elect Hall and others followed. Governor Crawford cloning with a brilliant speech. Dr. C. B. Altord of Huron was master of ceremonies. LOS ANGELES WITHOUT FUEL Cold Snap Causes Considerable BnSer lng at the City ef the Angels. LOS ANGELES, Cat., Jan. 4. Los Angeles Is suffering from the worst fuel famine in the history of the city. In the face of an unusually cold spell of weather for this climate, which has continued since New Year's day, the gas, wood and coal supply of the city hss become practically exhausted. Investigation among the princi pal wood and coal dealers today disclosed the fact that there are less than twenty Ave tons of coal for sale in the city. Wood is equally scarce. The price of coal ranges from 111 to $16 per ton, and wood is held at $1( to H7 per cord, with none to be had even at these prices. BLIZZARD WOULD MEAN DEATH Great Northern I sing Every Effort to Get Coal to North Dakota, Palate. MINNEAPOLIS, kins., Jan. l-On ao count of ths fuel famine mach suffering resulted from the cold wave is North Da kota, according to reports received here to night Many farmers were forced to aban don their homes and take their families to hotels In the various towns. Great Northern freight ofoclale declare they arc using every effort te get coal te the needy communities. They admit that a bllssard now would mean death to snany persons in tbs state. The weather bureau expects an abatement of the severe coM speg by tomorrow. HCDGMAN F0R PRESIDENT Nebraska State Vwlverelty President Bleated Head ef MaeAleeter Col lege at St. PaeJ. Mia. ST. PAUL Jan. 4,-Prof. T. M. Hodg son of Nebraska 6 lata university has been chosen to succeed Dr. James Wallace as I presides, et Ms) AJlesUr ooUvgs, ANXIOUS SEAT FULL Iftmben ef Hons and Benatt Bniy Guest lie en ths Committee Makiups. NETTLETON GIVES OUT PLEASANT SMILES Whit He Inteidi to De in Matter of iuitrimanta Kpt to fiimielt PROPOSES TO FILL , IT ALL AT . ONCE Conclti Delegation Without a Head ta lorambls for Flaooa. snagarasggggg SENATORS ALSO KEPT IN THE DARK Chairman Banndera of Committee en Committees Says Nothing Will Be Done In the Matter Before Monday. (From a Staff Correspondent), LINCOLN, Jan. 4. (Special). Interest rn legislative affairs is now centered In the make up of the committees of the two houses. Speaker Nettleton selects the com mittees In the lower branch, while In the senate a committee has been chosen for this work. Mr. Nettleton ts being besieged from all sides and all the pressure possible Is being brought to bear to get certain parties In the principal places. Ned Brown of Lincoln has been endorsed for chairman of the committee on ways and means, and It Is said he would be very acceptable to the university people. Harrison of Otoe has been, sugarssted as a member of this committee and there Is a likelihood he will secure a place on this or on the committee on university and normal schools. Inas much as Mr, Harrison has some very pro nounced Ideas of the way the university la being managed, his friends are endorsing him for a position on this committee, if not the chairmanship. Just where the Douglas delegation Is going to land In the matter of committee appointments Is unknown at this time. A member of the delegation last night criticised Dodge to some extant for leaving town without having filed the del egation preferences with the speaker. In asmuch as Dodge made the light for speaker it was naturally presumed he would, in a way. take the lead in matters affecting the delegation, this representative said, but his own business demanded his attention snd he has been in Omaha since the first day. Tucker, who is chairman of the dele gation, has also been gone for a day or two and the delegation has been practically without a head. ' Speaker Nettleton will give out neither by word of mouth, sign or twinkle of the eyelids who hs has decided on for com mittee plsces. "I am at work -on the makeup of the committees," he said, "and when the work is done I will report the same to the house. I cannot do this before Tuesday morning." v The speaker has requested numerous In terests to file their preferences for commit tee places and when the lists havs been filed he always remarks: . - . "They may get the places and they mar not" And that la about all the satisfaction anyone has so far received from the speaker. Corporations Center on Senate. In the matter of the senate committees. President Saunders, who Is a member of the committee to do the selecting, said nothing would be done for sure before Monday. Benator Thomas has been prom inently mentioned for the position of chair man of the Judiciary committee, and his claims are being urged because of his ex perience on this committee two years ago. It is understood the deciding vote on this matter rests with Phillips of Holt, and whether he Is friendly to the Interests of the Douglas county member will not be determined for sure until the committees are named. ' While no one has been found who thinks for a minute the corporation lobbyists will be able to prevent the enactment of laws covering every, point in the platform, a general impression prevails ' that if any fine work ts attempted It will be tried In the senate. The senate has always been the stamping ground for corporation lob byists because It Is easier to persuade sev enteen men than It Is to corral fifty-one, which would have to be done If the meas ures are defeated in the house. When the vote was taken In the house yesterday to bar lobbyists twenty-seven voted against it, somo holding such a reso lution was unnecessary. Inasmuch as the rules adopted prescribed who is entitled to come into the legislative halls. . A fsw of those who voted against the resolution. however, show a disposition to get cold feet, and they havs already begun to won der what the folks at home think about the stand they have taken. According to one of the progressive republicans, ths vote yesterday will have Its good effect and will do much toward keeping the wavering members up In line, as it has been shows; ths brand will be put on members ths sams as lobbyists when they side step the eentl- ment In the platform adopted by the re publican state convention. Members Caught Napping. The Introduction of bills yesterday caught a great majority of the members by sur prise or the list In both houses would have been much larger. Three or four of the members of the house had measures cover ing points In the platform, but they with held them pending a decision whether a Joint committee will be appointed to look after these measures. When the house gets busy again the first of the week, a move will be made to have the Joint committee appointed and the motion will embody a clause providing that if any member has a bill he desires to Introduce along the line of the pledges In the platform the bill shall go to the committee snd be acted upon In conjunction with other bills, merely as an aid to the committee. The committee appointed In the house to hear the contest filed by William Coryell against Carlln of Rock county mat last night and adjourned until Tuesday, at which tlma It will be decided whether ths matter will be taken up before or after the election of a United States senstor. Cone of Saunders, leader of the minority, asked that the matter go over until after the election of a senator go there pould be he prejudice in the minds of the oommltteS against the fusion pismber. It is under stood that the rtpupUcsps are tot all agreed as to when Ut satet should be taksn up. Jeeraal Presents Old Bill. Since Governor Mickey took eausslon la his message to say a word about the suit brought by ths state against the State Journal company for 181,000, which amount it is alleged the Journal received for selling supreme court reports uion which the state owned the copyright, a number of the members have been looking into the Joaraal transactions with the staie. SThete U ux JUe v tpsMeHf