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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 27, 1907)
VOL. XXXVI-NO. 242. OMAIIA, "WEDNESDAY MORNING, MARCH. 27, 1907-TWELVE PAGES. SINGLE COPY THREE CENTS. HALT IN THAW TRIAL twcj CramiBion Will teterabs Mental Etata af Wnito's Blajer. MOVE A SURPRISE TO THE DEFENSE Primer Bays He is Confllent He Will froTe His Sanity. JURY WHL BE EXCUSED INDEFINITELY If Thaw ti TJeolared Insane Ha Will Be Cent to Allium. MEN WHO COMPOSE THE COMMISSION f It Constats of Former Jostle Morirs J. O'Brien, Peter B. Olney, Former -District Attorney, Dr. Leopold Pot set. NEW YORK. March . Harry K. Thaw may never again fare the Jury empanelled more than nine weeks ago to try him on the charge of murder In the first degree. Justice Fitzgerald today unexpectedly ordered a commission In lunacy to Inquire Into the present state of mind of Stanford White's slayer. The decision of the three disinterested men named to conduct the ln Cjulry will guide the future action of the court as to ordering Thaw to an asylum or directing that the trial shall proceed. Justice Fitzgerald announced the appoint ment of the commission private In his charmbers. Evelyn Nesblt Thaw was there with the lawyers and It became her task to break the news to her husband In the Tombs. Tearful when she .ft the Judge's rooms In the criminal courts building, the young woman was smiling and oheerlul when Thaw was brought to the hospital ward of the prison to meet her. Thaw re ceived the court's decision philosophically and said he had, no doubt the commission Would d lar him a sane man. -Members of Commission. The commission appointed by Justice Fltz aTsrald consists of Morgan J. O'Brien, a former justice of the appellate division of the supreme court; Peter B. Olney, former district attornt f of New York county and a lawyer of high legal attainments, and Dr. Leopold Putzel, a practicing physician and ' authority on mental disorders. Former Justice O'Brien is one of the trustees, with Qrover Cleveland, of the Hyde stock In the Equitable Life Assurance society purchased by Thomas F. Ryan, Just prior to the insurance Investigation. When be was a candidate for re-election to the tench In 1901, as a democrat. Justice O'Brien was unopposed. President Roosevelt made a trip from Washington to Oyster Bay to cast bis ballot for him. Before' being elected district attorney for , New . York county in 18SJ, Mr. Olney had been a member, with W. C. Whitney, of , the laws of the state affecting publlq In terests in New York. He Is a graduate of Harva.'d. r ' ;' .. Dr. Futsel la a graduate of BeUevue hospital medical school and has had a long xpurfonco In that Institution. He Is quali fied before the state medical board as an ' examiner In lunacy. Jnry Will Bo Kaenaed Indeftnltely. The Thaw Jury was ordered on last Fri day to report before Justice Fltsgerald to morrow moi nlng at 10 o'clock. At that hour there will be a brief court procedure, the court adjourned Indefinitely. Whether or not Thaw will be brought Into court for this ceremony remain to be seen. His presence will not ' be necessary. No date has been Qxod for the first meeting of the commission. There will probably bo some definite announcement on this point tomorrow, liowever, for the laws undor Which the commissioner ' were appointed directs that they proceed with their In quiry forthwith. Justice Fltsgerald said It would rest with the commission as to whether or not Its hearings shall be public. In the last case of this sort In this Juris diction, the Inquiry Into the mental condi tion of Josefina Terranova, who killed her aunt and uncle, the commissioner's Inquiry was secret. The girl was declared sane and subsequently was acquitted by the ' Jury. . The Thaw lunacy commission will be at tended by District Attorney Jerome. v The lawyers for the defendant will be present and the commission may direct and compel the attendance of any witnesses it may de sire. It Is probable that Thaw will be asked first of, all to submit to a rigid physical examination. Having undergone several of these since, his incarceration he is some what nervous on this subject, but It was aid tonight by his counsel that he would do anything In his power to aid the com mission In its work, and he -hoped for an early opinion as to his sanity. Thaw'a law yers and the defendant himself were down cast when first made acquainted with Jus tice Fitzgerald's decision, but all were man ifestly pleased when the later announce ment ae to the personnel of the commis sion of Inquiry waa made. Mr. Delmas in particular declared that Justice Fitzgerald could hardly have selected a more generally satisfactory commission, on whoa decis ion could command more respeot District Attorney Jerome seemed pleased with his efforts. Joalah and Edward Thaw, Thaw's brothers, and his wife, war telephoned to Vy the attorneys and quickly- appeared at the court house. J ad- Reads Bis Opinion, la announcing hi decision today to ap point a commission Justice Fitzgerald seed a written memorandum. H based) his opinion on the con diet of affidavits from the opposing sides, saying they wre too dia metrically at odd to permit a decision other than In favor of an Impartial Inquiry. After citing the suggestion mad In court by District Attorney Jerome and the vari ous affidavits presented on both sides. Justice Fltzgerald'a memorandum reads: I do, therefore, la pursuance of the stat ute In such cases made and provided, hereby appoint Hon. Morgan J. Obnen. H-jn. Peter B. Olney and Leopold PutaeL yS. D.. three dlainloreaied persona, a oorn nilseton forthwith to examine into the Iiwnlnl condition of said Harry K. Thaw and to report to the court with all conven ient speed th facts and their opinions as to whether at the time of such uuniiuii.. the satd Harry K- Thaw was In seen a siat w Miiocr, uiiiiwuiiir, lunacy or In sanity so as to be lnoarabl of rlvhtlv dwstaoding hi own ouodition, the nature si ens oiiargse eniusi Dim ana Of con ducting Li dWense la a rational meaner T km w's Attorney Mapvlatd. ( A Mean, Hartrldg. 0Ue01y. Pea. ' body, Min Oloaoon and MoPlk. the sis Thaw attorneys, left tn Judge' cham bers on of them was heard to remark; "It could not be wore Later, however, the attorneys seemed to take a brighter view. Mr. Hartrtdg said: W did not expect a decision of any sort today, much leas the e that wa rendered. We had hoped the SUMMARY OF THE BEE Wednesdny, March 87, lOOT. 1007 aus moo MARCH TV! WIO TNW 1007 mi sat C 5 I. 3 4 5 6 7 8 10 II 12 13 14 ir 17 18 19 20 21 2 N Kt 25 26 27 28 29 30 THS WIATXH. FORECAST FOR N KB HAS K A Rain or snow and much colder Wednesday. Thurs day fair and warmer In northwest portion. FORKCAHT FOR IOWA rhowere and colder Wednesday. Thursday fair In west, rsln or snow and colder In east portion. Temperature at Omaha yesterday: Hour. Dc-g. Hour. Deg. 6 a. m 67 1 p. m M a. m 8 2 p. m M 7 a. m M I p. tn M 8 a. m fiS 4 p. m 85 a. m 71 6 p. m H3 10 a. m 78 t p. m fcl 11 a. m NO 7 p. m 78 12 m..., 83 8 p. m 1 S p. m 62 XX QXSXaATTYX. In the house at Lincoln the conference report on the terminal tax bill i ras adopted, despite efforts of Cone, the fusion leader. The house amended and passed the senate's anti-pass bill. In the senate the Lee bill for the annexation of Omalia and South Omaha was passed, and the bill for a state-wide primary was restored to the draft of the Joint committee and passed by the senate. The house sifting committee has been ordered to report no more house bills. Page 1 House sifting committee ordered to re port no more house bills and all house bills unacted on are dead. Page B KIBKASKA. Motion to quash charge of murder against Ernest S. Kennison for killing of Bum D. Cox is overruled at Scott's Fluff. Defendant then pleads guilty and motion for change of venue is argued. Page 3 Following testimony of three physicians that Frank Brink, charged with murder of Bessie Newton, Is insane, trial at Ponca comes to abrupt ending with verdict of not guilty. Page 3 Fire starting In Burlington oil bouse at McCook and driven by furious gale de stroys $20,000 worth of property. Heroio work saves city. Page S Governor Sheldon has not yet namnd a successor to Lee Spratlen, a member of Omaha Fire and Police board. Two others have resigned and he Is hoping the other will follow suit, so he can name an entire new board. Pftgs 1 DOMESTIC. Justice Fitzgerald appoints a lunacy commission to determine the mental con dition of Harry K. Thaw and Jury will D excused Indefinitely. Page 1 . Railroad conductors and trainmen from western roads Inform general manage) of determination of men not to modify demands for more pay. Conference ad- J(,UM1( wltnmJt lny BCtlon an(, another meeting will be held today. - Pag 1 Oang of thieves said to hav stolen large amount of high grade .mineral In Cripple Creek, and, shipped it to Ornatu fur sale. , Pag 1 Fire In the big Homeatake mine at Leal causes a shutdown of all operation!!. Men All out of the mln except foroe en gaged fighting the flames. . ' Pag X I Now Xrk stock market rise one to six points on buying by bears, who are forced to bid up jprlces to cover short contracts. t Pags X POBBXOir. Pesldent Bonilla orders surrender of Honduran capital from Amalpa.. Pag X French of all political parties support government in Its plans in Morocco. Pags 4 Russian Duma will enact law to abolish courts-martial. Pag X X.OCAX One thousand dollarsrs stolen from The safe of the Metropolitan Life Insurance oompany in the New York Life building and the money market seemed to be re bet ween Monday evening and Tuesday I Heved from the urgent pressure of prepara- mornlng and no clue to- th burglars has been obtained. Pag T Lumberman In close relation with the Union Pacific says that company will erect Its general headquarter building In Omaha aa per plans on time. Page 5 General Manager Holdrege of tike Bur lington says there will be settlers for all Irrigated land In the west; that tbey are pouring Into the country In unprecedented number. He also says Nebraska farm er never had more encouraging prospeots. Page T Government official says the criminal land fraud prosecutions In Colorado and Wyoming will far outstrip the recent land cases In Nebraska and shock the country with the personnel of the defendants. Pag 5 BPOBTS. Buck Franrks, new captain and shott stop for Omaha, gets In from California after nine days' wading through floods and says Omaha will have a winning team this year. Page 4 ifOYXKXjrrs op oczajt rriAJuxm. Sal 14. .Kraa Prill Wll- UlSL MEW TORS KPW TOHK HEW YORK KFW YORK NFW YORK NSW YORK .MMBt C&mpABi ,, Italia , Nooniun OrnsMr Karrwst, Wilhla dr lk Irti!i;"icnnn.' BoMoalu UVBRPOOli BOSTON BT. JuHN'g, N.&Mwtoala BONILLA ORDERS SURRENDER President of Hondnrsv from Amapala Tell Tearoelgalp to Admit Nlenrmsroan Army. : MANAGUA, Nicaragua, March 18. It 1 stated on the highest authority her that President Bonilla of Honduras, after his retreat to Amapala following the defeat of th Honduran-Salvadorean forces at Cholu teoa by th Ntcaraguan army, ordered from Amapala th surrender of Tegucigalpa, capitol of Honduras, to th victorious troop. Th city la now In th possession of th Honduran-Nlcaraguan government Junta. , PARIS, March 28. The Ntcaraguan legation today received th following dis patch from th Nlcaraguan foreign minis ter: Tegucigalpa has surrendered and has been occupied by our troop. President Bonilla fled to Amapala." WASHINGTON, March 2S.-Mr. Creel, the Mexican ambassador, today bad a confer ence with Assistant Secretary Bacon con cerning the situation In Central America. Neither Mr. Creel nor Mr. Root 1 of th opinion that the time has arrived when the United State and Mexico can again make a tender of their good office for the arbitration of the dispute which have provoked the war, but It is confidently be lieved that the two republics will find soma Boaan of nihxg th atruggt within a abort STOCK MARKET IS HIGHER Ocr" Serena! of Sentiment Marki 4 of Tradinr in Wall Street. Vs FORCED TO COVER CONTRACTS Begin Baying; oo Annonnce- Meat of Relief from GoTernment ai4 Prices Advance Rapidly. NEW YORK, March . A complete re versal of sentiment from the depression of yesterday marked today's trading In the stock market. Although London prices were lower this morning, the New York exchange soon after the opening showed a much stronger tone than for some time past, and quotations were advanced sharply on heavy buying. The bears began to re treat on rumors that further government assistance for the money market was Im minent, and when the formal announce ment came from Washington that such as sistance was to be given, the shorts be gan to cover up their outstanding contracts. At the same time there was a renewal of purchases for Investment. The result was an upward turn to prices that was almost as sensational aa was the sharp decline of yesterday. The trading was wild and excited aa the bears Bought to cover and before noon stocks were selling at from 1 to points higher than the low point of the earlier trading. Accompanying the upward movement was an Industriously circulated rumor that an enormous pool had been formed by the greatest banking houses In Wall street to support prices. This report, which lacked confirmation, and which was rather depre cated by conservative brokerage firms, ma da It appear that KO.OOO.OOO had been sub scribed by bankers to buy stocks with the object of putting a stop to the recent pre cipitate declines. Nothing whatever de veloped to give substance to this story, but it was not without effect on the trading, except for an occasional recession due to rroflt taking, the strong tone continuing to the close and the final prices throughout the list were at substantial advances from yesterday's closing quotations. Opening Is Excited. Wild exclterrient and extreme confusion prevailed In the stock market again today. The action of the market showed the con flicting emotions of operator as to con sequences to follow the fall in prices yes terday and the nervous apprehension of the bears lest they had overdone the reckless selling. The fight of the bear overbore the current of the market In the course of the first hour. Then tome further wld breaks to far below yesterday's lowest prices were con fusedly mixed with violent advances. Different stocks In the same group moved widely in contrary directions at first. When the upward tendency ' clearly developed fluctuations were wide and feverish, varia tions between Bale running to large frac tions er full figures, both upwards and backwards. This showed the difficulty of discerning the prevailing quotations and of executing orders. . . . The copper stocks were most conspicuous amongst the first ''downward plunges. Amalgamated Copper and Anaconda slumped 6 to 54 and American Smelting 4 points; the last named, however, not get ting back to yesterday's low point. Cause of Copper Stoma. The further break In the coppers was directly traceable to the further slump In the price of copper warrants in London, The uneasiness Of the bears was height ened by the continued cheerfulness of the advices today from abroad. Confidence was professed that the London stock market settlement would be concluded without se rious casualties, although additional small failures were reported . from there today. In Berlin also It was reported that Invest ment buying at the declines had come to offer a supporting factor to the market tlons there for the April money settle ments. According to board room gossip, the buy ing of stocks in the session was the most substantial in many weeks. Support was most conspicuous tn St. Paul, Pennsylvania, Union Pacific, Southern Pacific, Atchison and the copper stocks. In fact, there was a . good demand for all the high grade Issues. London bought and sold In the early trading, but operations for that account were so confusing as to make the net re sults a matter of doubt Reports were current tn the financial dis trict before th market opened that meas ure had been agreed upon In concert amongst great banker and controlling In terests In corporations to support the values In th market of properties in which they were interested. One firm whose name was mentioned In connection with the rumor characterized It a absurd. Th further demand for stocks by th uncovered bears was less excited, but price recovered above the early level. Additions reached a point or more In many cases. Union Pacino. touched la and American Smelting roe . point over last night From these high level prices slipped back on a movement to take profit at th low levels by fortunate buyer. On Forelajn Market. LONDON, March 28. Trading on th stock axchang today, opened with prices annalUv. The renewed weakness was largely attributed to yesterday's decline In New York. . There was no buying power her and con sequently very little business. , Americans opened above p&rtty, but soon became very weak on offers to hlL Later Americana became firmer and by I JO p. m. were generally about one point above th lowest quotations of th day. In the course of th afternon the general ton of th market hardened though con siderable liquidation of accounts caused much Irregularity. The quotation of Americans further declined and the drop tn the price of the metal caused another weakening In copper stocks. BERLIN, March J. On th Bourse to day ths general tendency was quiet Do mestlo shares Improved. Americans de clined on New York advices, but recovered later. TRAINMEN UNDER ARREST Condaetor and Engineer of Santa F O-rorland Are Chnrared with LOS ANGELES, March 16. Charged with manslaughter. Engineer Kelly and Conduc tor Humble of the Santa Fe, who were la charge of th Overland which collided with the students' excursion train on the bridge spanning the Los Angeles river Saturday nlht causing the death of five persons, hav bean arrested. Th court flael th AJiau at t,aw roc e,ca tnatk DEADLOCK ON WAGE SCALE Tralamen and General Managers Have Fruitless Conference la Chlenajo. CHICAGO, March 26. No progress was made today toward reaching a settlement of the controversy between the western railroad and their employes who voted to strike unless certain demands were com piled with by the general mansgers. A committee representing the men met the general managers today and submitted the result of the vote. While nothing official was given out, it was stated by those in authority that no definite basis for a settlement was reached at the meeting. Another conference has been arranged for tomorrow. While both opposing interests on the surface appear to be determined not to concede anything, it Is the general belief that the trouble will be settled without a strike. For several weeks the men belonging to the two lorganlzatlona hav been voting on the question of striking If their de mands are not granted, and, although the vote was not announced today prior to the commencement of the conference, it la un derstood to be overwhelmingly In favor of a strike If that step should become neces sary. The general managers informed the men that they are prepared to grant a 10 per cent Increase, but say they cannot grant a nine-hour day. Before the conference commenced today both sides expressed a rosy view of what would appear to an outsider a a blue situation. The men In sisted that there would be no strike, be cause the general managers would concede their demands. The general managers said there would be no strike, because the men would abate their demands and accept the offer of the railroads. Both sides expressed determination not to give way in any par ticular. It is expected the conference will last for several days and a definite out come is not looked for until the end of the week. FORAKER W0ULDBE PRESIDENT Senior Senator Not Sendy to Concede Ohio Delegation to Secre tary Taft. WASHINGTON, March 28. That Senator Foraker does not concede that Secretary Taft will be Ohio's choice for the presi dential nomination next year Is mode plain by a statement Issued by the senator to night. Senator Foraker says that he "does not want any political honors from the people of Ohio without their hearty ap proval," and he suggests that the proper way to determine who Is the choice of the people to head the republican national ticket and to represent the state In the United States senate Is for the republican state executive committee to authorise a pri mary election to choose delegates to the state convention, which will b sailed upon to determine these questions. ' The announcement of State Superintendent- of Insurance Arthur I. Vorys that he will support Secretary Taft for the presi dential nomination led Senator Foraker, it Is believed, to issue the statement out lining his position. The senator' declares he is willing to go before the people on his record and that he has "nothing to con ceal from hi constituents. Mr. Foraker does not 'say that he will be a candidate to succeed President Roosevelt, but it fs generally understood among his friends In Washington that at a later date he will formally announce his candidacy and that if the primary election Is called In Ohio he will enter the fight to secure the endorse ment of his own state. DUMA AGAINST MARTIAL LAW Premier Stolypln Says Action Taken I'nder Relam of Terror. Was ST. PETERSBURG, March 2.-A the clore of today's debate the lower house of Parliament this afternoon adopted the pre liminary constitutional resolution providing for the abolition of drumhead courts martial and instructing the committee to draw up and present a bill to this effect with as little delsy as possible. The vote was almost unanimous, only twenty-two extreme reactionists voting In the nega- ! five. After the vote had been taken Premier Stolypln, who had Juat had an hour and a half conference with Bmparor Nicholas, announced the government's position, slat ing that so long as "the bloody miasma Of terrorism overshadowed the land," it did not ' feel Justified in withdrawing entirely such unfortunate repressive measures, but that orders had been given that drumhead courts-martial be hereafter employed only In cases of extreme and vital necessity. The government expected the lower house to do Its port In bringing about the tran qulllzatlon of the country, which would enable the ministers to dispense entirely with such a procedure. The members of the house gave the premier a courteous and attentive hearing. During the debate members of the secret police arrested a man In the members' lobby on suspicion that he was connected with an attempt upon the life of the premier, but the pris oner was Identified a a newspaper car toonist MAGNATES AT WHITE HOUSE Edward R. Bacon and Edward J. Ber wlnd Hav Two Honrs' Confer ties with President. WASHINGTON, D. C March r.-Edward R. Bacon of New York, vice president of the Baltimore A Southwestern railroad, and Edward J. Berwlnd of New York, presi dent of the Berwlnd-Whlte Coal Mining company and director in a number of banks and railroads, came to Washington tonight and were In conference with Presi dent Roosevelt for more than two hours. While neither would discuss their Inter view, It Is believed the interview related to the railroad and financial situation. Mr. Berwlnd figured quite prominently In the Pennsylvania railroad Investigation con ducted last fall by the Interstate Commerce commission. HIGHER WAGES AT NAVY YARD Department Approve Readjnstmonl of Pay Recommended by l(a Island Board. WASHINGTON, March 18. The Navy department has approved the readjustment of wage of th employe at th League Island navy yard, Philadelphia, recom mended by the local navy board. The result I a general increase In the wages of wharf keepers, metal workers, pile drivers, shjp keepers, steam fitters. ' sheet metal workers, plasterers, all around machinists, ordnaV men, tool makers, mill men. nUgers,Woi makers and haln- I era (rhraeraW 1 1 i i NEW POLICE BOARD WANTED GoTtraor Has flamed Bo One ai Yet te Succeed Lee Spratlen. RESIGNATIONS OF TWO OTHERS ARE IN Has Been Hoping; the Third One Would Follow Salt and Permit II 1m to Name an Entire New Board. (From a Staff Correspondent.) LINCOLN, Neb., March 28. (Special Tele gram.) Governor Sheldon did not make the expected appointment today of a police com mission for Omaha to succeed Commissioner Spratlen, whose term baa expired. Said the governor tonight, "I believe an entire new board should be appointed. I have had for some time the resignations of two of the police commissioners, subject to ac ceptance at pleasure, and I am deferring the appointment In the hope that the fourth member also will retire voluntarily and enable me to reconstruct the whole board at ence." A. H. Mutton was nominated for mayor over H. M. Buahnell by a majority of 800 at the republican city primaries held to day. The fight was so close on some of fices that it will require a second primary to decide, as In three Instances no one re ceived the required majority of all the votes cast. Hutton was the nominee of the republicans two years ago and was defeated by F. W. Brown, a democrat. . B. C. Fox was named for city treasurer with out opposition and Thomas H. Pratt, was renominated for city clerk. John 8. Bishop and John M. Stewart were hljh men for city attorney, but neither received a ma jority and this office will have to go to a second primary. William Grant wa named for city engineer and James Tyler for water commissioner over J. M. Deflten- baugh, the present incumbent. The fight for excisemen was between the strict regulation and the liberal elements. J. C. Harpham, one of the candldntea for tjhe strict regulation element, was nomi nated, while second place will be decided at the aeoond primary. It He between U. O. Powell and J. W. Wolfe, the can didate of the liberal element. Although there were hard fights on for several' offices only about 40 per cent of the vote was cost. FORMER NEBRASKANS IN FIGHT Farmer Is Knife and Blodsreon, Inflicting; Serlon In Jnrle. BONESTEEL. 8. D- March 18. (Spe cial.) A stabbing affray occurred at Starcher, twelve miles north of her, n the Missouri river, Sunday night, In whi ,h Charles Meyers was nearly stabbed to death. - It appears that Meyera wa visit ing a neighbor, when J.- E. Wilson, an other neighbor with whom Meyers previ ously had had trouble over the settlement of an account, came up in order to d Some telephoning, and, seeing Meyers in th house, eat down In au rocking chair on the porch to wait until Meyers hud finished. As Meyers came out - of the house Wilson spoke to him and asked hint to pay the bill which he owed, when Mey ers, according to Wilson's statement. Im mediately assaulted him with a bras knuckle or some Iron Instrument, knock ing him oft the chair and repeatedly striking- him. He then, In fear of his life, pulled out his pocket knife and, whlla lying on the fiat of his back, cut Meyers across the leg, about six Inches above the knee, severing the main artery. Meyers bled severely before a doctor could be procured and Is at this writing still un able to speak. Grave fears are had for his recovery. Wilson wa Immediately arrested and Is now In the county Jail awaiting trial. He has two very bad cuts on the head and one eye is nearly blinded. The physician who dressed Wilson's wounds this morning stated that the skull was fractured and that the wound was a dangerous one. Meyers will be arrested as soon as he Is able to be moved. Meyera came her two years ago from Pender, Neb., and Wilson came here four yeara ago from Genoa, Neb. FIERCE FIGHT WITH NEGROES Society of Fanatic nt Hankogee Attack Federal Officials and Three Ar Killed. MUSKOGEE, I. T., March 26. As th re sult of a battle between federal authorities and members of th "United Socialists" club, a society of negro fanatics bearing commissions from a Cincinnati OJtectlve association, this afternoon, a deputy mar shal, John Cofleld, was seriously shot; Guy Fischer, white, was wounded; three . ne groes were killed and two more severely wounded. Cofleld waa shot while serving a writ of ejectment on the member of th society who had taken possession of a house, refusing to pay rent or move, de claring that their authority waa higher than that of th United Btatea, Th entire city and marshal's fore waa called out and attacked th house In which the ne groes were barricaded, killing tiiree. There Is no fear of a race riot The other negroes uphold the officer' action. Samuel Barker. Elbert Barker and a man named Scott were the negroes killed. Six member of th organisation. Including their leader, William Wright, a preacher, are tn Jail tonight During the trouble fifty ehote were fired. Officer Cofleld' writ of ejectment waa to hav been nerved on Samuel Barker, who had rented the bouse. Tonight nearly every whit man In the city I armed In anticipation of further rioting. At this hour all 1 quiet and be cause of the fact that this particular band of negroes is disliked by the other of their race, more trouble Is not looked for. The T'nlted Socialists lived apart from the other negroes and were known a "money finders," because It was their custom to travel about at night and hunt for burled money. . SANDSTORM IN COLORADO Bnslnesa Practically Snspended In Colorado Sprinoss and Pneblo for Short Tim. COLORADO SPRINGS. March S8.-A terrific sandstorm raged In Colorado Spring and vicinity today and business In th downtown districts was practically sus pended. Many telephone poles were blown down and plate glass windows were broken. The wind blew with a velocity of seventy two miles an hour. PUEBLO. Colo., March M. A terrific windstorm, reaching the proportions of a gale, prevailed here today. Street traffic waa badly crippled and telephoo and tele graph wore l&terrufitad. FIRE IN HOMESTAKE MINE Men All Oat of the Shnft Except the Force Engaged la Fighting; the Flames, LEAD. 8. D., March K. (Special Tele gramsYesterday a fire was sUuted In the stables of the Homeslake Mining com-, pany between the five ami six hundred foot levels by the burning fuse from an ex ploded blast. The ilamea gained so much headway that it was impossible to reach them and the smoke and gases made liv ing an impossibility underground. The plucky miners worked all night In relief shirts trying to get to the sat of the trouble. Pipes were laid, men were sent down, with another shift directly fol lowing them In case of accident. That whole force of Homeatake doctors labored on the ones who were taken sick below and brought up by their companions lluvp and week from breathing the heavy odors and vile gases. Dr Freeman and his corps of nurses and doctors worked steadily all through the early morning hours, and at tention was not lacking to any of the brave boys who went down below to fight the fire. Th exact amount of damage Is not known. Conflicting reports have been started. Last night nine valuable horses were said to have perished, but this morn ing It waa announced that all stock had been taken out another way from below. The fire is still blazing In the slope and has caught in the six hundred foot timber slope. Water pipes have been cut and the fire has communicated to the old bulk head. Timekeeper Irwin donned a diver's oxygen helmet and went Into the mine. He found four men stupefied and a relief shift brought them to the surface. One hundred and fifty worklngmen were brought out last night by companions who are trying to board up the entrances. Superintendent Grler is on the ground In person and a big crowd is anxiously awaiting news from below. This evening timber Is only sent below to the main shaft for boarding up pas sages to keep the gases out. The situation Is serious. The city hose Is In commission and neighboring hydrants are all turned loose Into a large open cut Two doctors are stationed at the shaft en trance for the night by the superintendent. The patients of this morning ere doing fine. The fire Is expected to cause a shut down for the miners, but the mills are all going. . ATTORNEYSHIP STILL VACANT Benjamin M. Ansherman Prefer Pri vate Practice to Government Appointment. (From a Staff Correspondent.) WASHINGTON, March a6.-(SpecUl Tele gram.) Benjamin M. Ausherman, recently appointed by the president and confirmed by the senate as United States attorney for the district of Wyoming, has declined that office. Mr. Ausherman . has a good private practice. The Department of Jus tice officials took the view that he should give up this practice If he took up the duties of district attorney, but this Mr Ausherman would not connent to 49, with the result that some one else will be given the position. There was a long fight over this office before Ausherman wa named. Senator Warren consented to the naming of Ausherman only after the president had refused to give another term to Timothy F. Burke, who la still holding the office. The Interior department violently opposed Burke,, charging he had neglected prosecu tions and Investigations In connection with publUV lands. Senator Warren denounced these charges aa false, but was not able to get th president to stand by his man The following rural free delivery carriers have been appointed: Nebraska Benson, route 2, Charles G. Petersen, carrier; Olga Petersen, substitute. Madison, route 8. Ernest A. Arnett carrier; Beth J, Arnett substitute. Iowa Coon Rapids, route 1. Talmage T. Browning, carrier; James Gil bert substitute. Hudson, route 2, Richard C. Moftett carrier; Frank A. Strayer, sub stitute. Indlanola, route 8, John W. Fear, Carrier; Pearl A. Fear, substitute. South Dakota Bruce, route 2, Chris J. Bora tad carrier; Lyman C. Borstad, substitute. L. W. Hamdon has been appointed post master at Arlington. Carbon county, Wyom ing, vice Sarah A. Morris, resigned. Postofflces at Arbor Hill, Adair county; Cottage Hill, Dubuque county; Davis Cor ners and Lourdea, Howard county, Iowa, have been ordered discontinued. Civil service examination will be held April 24 at Omaha for a mesenger boy In the weather bureau at Omaha. VALUABLE ORE IS STOLEN Said to Hav Been Shipped to Omaha to Be Die posed Of. DENVER, March 26. (Special Telegram.) Through the operations of an organized gang of "high graders," whose headquar ters and chief looters, It is claimed, are in Omaha, $10,000 worth of ore haa been atolen within the last two months- from th two largest mines In the Cripple Creek district The stolen gold la believed to be aecreted both In Omaha and Denver. This city Is swarming with detectives of the Mine Own ers' association, who are making a deter mined effort to recover the missing prop erty and prosecute those guilty. The mines which are the heaviest losers are the Work and C. K. A N. The former lost $20,000 during the lost week. Detectives claim a former employe of the Work con fessed taking ore, selling It for $4,609 and that he furnished the name of confederates who fared better In their thefts. "High graders" no longer dispose of ore In Cripple Creek, but ship to Denver and Omaha, In the latter city, according to the mine owners, the leaders of th gang dispose of it on commission. ARBITRATION AT ST. PAUL Legislator Hear of Proposition to Redne Railway Rate and Stop Lnwenlt. ST. PAUL. March 28. Full term of th proposed arbitration between th railroads and the state passenger and freight rate war were made publlo today In the debate In the legislature over th Joint resolution authorising a conference committee to pro pose a plan of arbitration to the governor, attorney general and representatives of the railroad. The arbitration plsn embraces adoption of 2Vi-eent mile passenger rate, a 2.000 in terchangeable mileage book and a 600-mlle family mileage book, both redeemable In cash at t cents a mile any time. In regard to commodity freight rates, the railroads are to agree to accept a reduction of an equivalent of two-thirds of the reduction ordered by the state railroad and ware bouse commission. In return the state Is to dismiss all suits now pending looking toward enforcement of th railroad com mission rates. TERMINAL TAX GOES Hotss Adopts Conference Teport and Sends Bill to QoYernor. CCNE riCHTS MEASURE TO VERY END Bailroad Strength Wanes When Fiial Vet C oaiei on the Report, LEE ANNEXATION Bill IS PASSED enmnsnnmsam Esnate Adopt th Eonis Soil and it Kow Awaiti lent tare. BUSY DAY SPENT IN BOTH BRANCHES Many Importnnt Measure Beat rh rough to Final Stage of Legis lature Which le Working I'nder Press n re. (From a Staff Correspondent.) LINCOLN, March 26. (Special. )-Th house today concurred In the conference committee amendments to the terminal tax atlon bill; defeated an attempt by Mo Mullen of Gage to recall the direct primary bill In order to amend It and recommended for passage the King anti-pass bill aa amended by the railroad committee. Th ' senate In committee of the whole recom mended for passage the direct primary bill after amending It; passed the Lee bill sub mitting the question of consolidation of Omaha and South Omaha to a vote, hla measure providing for a county comptroller, and the child labor bill, and killed th Thomas bill lowering Pullman rates. The last stand of the railroads against th terminal tax bill was made this morning. and like the first stand. It wa unsuccess ful. The last kick came over the motion to adopt the amendments to the bill re ported by the conference committee, but by a vote of 58 to 26 the house adopted the reported amendments and th bill will shortly be ready for the signature of th governor, which Is alresdy assured. On the final vote the friends of the measure mustered two more than they secured th other day, while the enemies of the bill secured fifteen votes less than when the bllt was passed. ' Con Falthfnl to ths Last. Cone of Saunders, the fusion leader, mad the last fight for the railroads. As soon aa Clark had moved to concur In the senate amendments. Cone moved a a substitute that the bill be amended so that all rail road property not located on th right-of-way of the railroads In towns and cttlea be distributed for county and school dis trict ' assessment purpose. Con followed up his motion with a long harangue about wanting to be fair and honeat and about not wanting to kill the bill. Clarke of Douglas explained that th amendment of Cone would either ruin th terminal bill, or . It would do nothing. It should have been an amendment he said, to th revenue law. Inasmuch as the ter minal bill said nothing of th assessment of property for other than city purposes. "If you want to kill th bill, vote for th amendment of th gentleman of Saunders, If you want to pass th bill, vote down hi amendment" ' Harrison of Otoe, while arguing for th house to concur In the committee amend ments, took occasion to tell a few truths regarding Cone's tactics during the session. and the great amount of the peoplo'a , money he had spent by talking so much, when his only object could be delay and the defeat of the republican platform f pledges. Thtessen said he had studied th bill very carefully and If the amendment of Cone carried he saw no reason why the wholesale houses of Omaha should not b assessed and the assessment distributed over the state, becaus th state contribute to th support of the wholesale house. Springer of Scott' Bluff talked for .the Cone motion, while Hagemelster talked against It. Farley of Hamilton saw no reason for any argurrfent on the question, as the terminal tax bill had been discussed throughout the session. He was against th Cone motion and for the committee amend ments. He said he did not care how much Omaha would be benefited under the bill. f th bill was right and It benefited Omaha, then It should be passed. He decried th tendency to oppose measures because they benefited Omaha. He Is glad Nebraska haa an Omaha, ha said, and Is pround of th city. As Omaha grows, he said, real estate out In the state Increases In value and It la to the Interest of every one In th state to keep Omaha growing, e Vote on Cone Mensnre. Th Cone motion was defeated by th following vote: Ayes Bskcr, Bern. Bolon. Brown (Bhmni, Brnm, Con: Cu id let, Dunasn, Prase. Orms. Orl. Hiniar, Nays Alamos, I BirnM. Bkrratt. Bt, fcir-toaa, brown, B. w Brown, B. P. i Bueklar, CUrfc-, Cwtia Doris, Dorn, tllr. '73- rHr. , ; mr, ' . Punk. GIlruB, Hnry, Hill, Kuhl, Logsdon. MuCullough, Mt'Mull-n, Mckr. Mart-It. VMMV, PUsr. Cjuckntmnn, Mdmon4, Orara. H-inistr, Htnnan, HarrUos. Hnrt, ' Hftrr?, HffrnA, ' J niton, JohntoS, Jon. Kirr, Know!, Lhntn, La.wr, U. Uu. Mama. Rank.!, enydar. Spring, 8ialdr, etinanr, Vnn Houaa, VopnUnnkf, Wma, Wllaoa, Wanking (4. Mttltfn. Nad. Koran, Kapar, hajcha. Ronrar, anundat, arnddar, Bbubart, Bmlttl, . Stola, Talbot. ThUaaas. Turkar. Walan. 'WhM. Whiiham. Mr. tpankar as. Qll.m Maatcrs. Abxent and Not Voting Sdama, Howard, Rlckardann, Balrd. How, rhotr, I rnrlln. Klllan. V, hltuj It, . rutchar, Murshr, ; The vote on the bill as amended by th r conference committee waa aa follows: j Aye IAIdaraon, HasmlUr, Ranr, Armstrong, Hanan, Bakaa, Barn, Haniaon, rlohrer, Barrett, - Hart. SaaBdcra, Baat. Hanry, Scuddar, Blrrtou. HaSaruAQ, Shubrt, Brown, K. W., Janlnon, Smith. Brown, B. 1., Juhnaoa, Spring, lucklr, Jona. Slaldr, Hrram, Kallar. Si oil. Clarka, Know lea. Talbot. Iiavla, la Lhnem, Tblaaoaa, Iodg, ' - ' Ladr, Tckr, TKran, V. Walnn, Cllar. ' LJn. W'mn, Parlor, 117" Marah. Whit. Prtaa, Maautrm. Whit bam. Punk. aft, Mr. iyaasw I Ollara, Koya. Orn, Quackanbuah, Nays Baa. Hill. KadneeA; Bolu. Kuhl, Rankal. Brown (Bhmnl, Mr-t'ullousa, Snydar. Culdlon. McMallau, Stlnur. Puartn, M,-kar, Vooalaoaty, P ratio, Marlatt, Wllaoa. Oralg. Maugar. Wortblns M. Hauar, Mllllgna, liaitlr. Pllgar. Absent and Not Voting Adama, Oilman, Murphy, Balr4, Ornlt. Blrhardaon, Bakar. Hoar4, Schoattawr. ''arlln. How. Van HouaM, Ctoo. Klllan. Wkltnar 11. yivtchar, Logadon, sicMulloa sprang; another akvprla tU i c w.