The Omaha Daily Bee
VOL. XXXVI NO. 262.
OMAHA, FRIDAY MORNING, APRIL 19, 1907 TWELVE PAGES.
SINGLE COPY THREE CENTS.
FEAST AT 'FRISCO
Eanqnat at Sew Hotel Marks AaalTersarj
of the Great Earthqaaie.
RLBUILDING OF CiTY 13 CELEBRATED
?reiidnt Pymm of Merchants' Aasocia
tion Eu Chirire of Ceremonial,
GOVERNOR JMHIS N. GILLETT SPEAKS
Addresses Alio Hade b Eishop Hichols
and Eereral Othsra.
CITY DECORATED WITH BUNTING
Appropriate Religions Kxerclses la
the Charehea til Commemorative
Cereaaeales by Building
Trades Coonell.
BAN FRANCISCO, Cat., April 18. While
there was no general cessation of the work
of rehabilitation, the first anniversary of
the earthquake and fire which left this
City a mass of ruins, was observed today
by appropriate religious services and com
memoratle exercises by the Building Trades
council and other organizations.
The crowning event of the day was the
banquet of the Merchants' association at
the Hotel Fairmont, at which the material
and olvlc regeneration of the city was dis
cussed and faith expressed In a new and
greater Ban Francisco.
The principal business streets were deco
rated with bunting and Incandescent lights.
Flags were flying everywhere, an dthe dome
of the city hall, still in a partly wrecked
condition, was illuminated as on gala oc
casions "before the fire."
About 1,000 guests assembled at the Fair
mont at o'clock tonight for the Mer
chants' banquet. After a lengthy menu
had been served. President Fraank J.
Bymmse of the Merchants' association
pressed an electrlo button which set aglow
JL400 electrlo lights on the dome of the
clt ybalL
Address of Presides Bymmes.
President Bymmes as toastmaeter ad
dressed the guests on "The City and the
Merchants,"
After a concise review of the great dam
age done by the fire Mr. 8ymes said:
The Insurance companies of the world
were called upon as never before. Loss
claims were filed for 1225.000,000, and of this
sum 113,660,000 was against two Sun Fran
cisco companies. One of those companies
assessed Its stockholders (50 per cent '
whom were residents of San Francisco)
three times its capital. The other, having
'to per cent of its capital held In this city,
assessed Its stockholders six and three
fourths times its capital. Such an example
of corporation honor the world has never
before known. Would that the rest of the
world had done as welL The uninsured
loss will never be known. Two hundred
and fifty million dollars will not cover It.
From a building point of view we are
Tepidly recovering; our progress has been
creditable and satisfactory and no man
need fear the future In this direction.
Building permits to April 1. 1W7, have been
Issued te the extent of B56,or.s,T8. Tho
Isbor, commissioner reports a wage pay
. ment of fl.0OO.0O0 a week. The bank clear
' tngs have never weakened, but have shown
an average Increase of 10 per cent over
J""!""a""-JJon,0.U .'B:J
VMl) iv it vi ! i iin rrnwu foi, vsv,ryt.ov i roiii
April 14 to December 31. ISO. There has
been no bank failures and not a single
Important mercantile failure as a result
f the fire. The custom house duties In
creased from 37,137,000 In 1906 to SS,O91.00O
In 1. Our exports in 19o were over
150,000,000 and our imports In Wo were over
148.000,000.
City aad the Btate.
Governor James N. Qillett took for his
subject "The City and the States," saying.
In partt
To the state the new San Francisco will
be the metropolis where the great wealth
of its people Is centered. It will afford a
market for our products. It must be the thinks president Is only man who could Roosevelt desired them. The factional dif
bMtormenl snaTchMIng of 0" state. It cmm" delegation from that ferences In our state make It almost lra
wlll take the lead In all enterprises which atate in next national convention. Far 1 possible for any man outside of the presi
de launched for the purpose of developing Conference Is held by Central Amorican i dent to get the entire delegation. The
the natural resources of the commonwealth.
But San Francisco owes a duty to the
mn.nt uinn wiwii , in q uvriiiiuutTU . snv
than those mentioned
owes a political duty: she can shaoe nur
nnlltlrjil rwiHrtaa? ah mi. AitU m nu, ia.
lions. San Francisco, If she will, can stand ! structlons to Jury. Far 1
for that which is the highest and best in ' President Roosevelt is studying the rall
polltlcal life, and Inasmuch as she has so '. rn-A ,,,..i , -,, .,,
many Important Interests Involved it ! .. road question In all phases and Is now
her duty to do so. The im of Ban Frnn-
cistio inmim do gnvernea Dy its omctals.
men r.t hlh rhir,Mi,r man K.
trusted with tha administration of It sr.
fairs and men who have confidence not
only of th city but of tha state,
Achievements of the City.
C. B. Bentlsy. president of the Ban Fran-
Cisco Chamber of Commama arvnka. n
Cisco t-natnoer or Commerce, SpOkS on
The Commercial Achievements of San
Francisco." H said
It J most gratifying to see bow quickly
the large commercial Institutions have re
covered from the effects of the late dis
aster, for It goes to show that, given our
shipping facilities, our commercial pros
pects are foundttd on principles almost In
dependent of purely local conditions.
We lament the withdrawal of the fleet of
steamers which has been operatvd by the
fin rin U, m-kl n .
Onr-aran ftteamshlp company between this
firr. much.: ?X2SJ! 'lA
ment should place our steamshln rami
panlea in a poaltton to compete with heavily
.,i.-,u,.rU j-.,,,-. iiuni under foreign
d'lvfro
proud to weloome the establishment of Thl
Tebuantepeo route, made possible by a
trafrlo arrangement with the Hawaiian
American Steamship company. There are
now nine distinct companies operating
ocean steamsrs regularly to ports outside
ui our Rimio,
... . - ' ' 1 ' onn
"(l,th.' W"tJ, pAr4flc mr?."cn. "P""!-
iia minions at ine ummi Mm. nr in
Ban Francisco for the development of their
terminals.
Our foreign markets continue to develop
beyond our eap.ctty to supply the demand
and with almost no effort on our part.
Mr. Bent ley highly commended the action
of the Insurance companies In paying their
rreat losses In full. In conclusion hs
praised the men who are working to punish
municipal corruption and spoke of the need
of honest and aggressive citizens.
Plshep trhela Moral Oatlaofc.
Bishop W. F. Nichols of the Episcopal
cnurcn discussed "The Moral Outlook."
W6 fOiWO th) ' 'sTTfSs. f Mian Vr-a s-ilaiA a
,.f , v, - . , " -
-ti-oi Bifinas to De reared
round theee we have. We contemplate the
city beautiful covering In due time ths
crap heaps and scare. We have no man.
ner of doubt that It will be bigger Wa
mean to make It fairer to the age. '
We mean, I believe, to build a better
city. It follows that we must bend our best
enrrgtes to devaiop In highest degree that
. ii iiuu i " . " " v. im.f.'i tm qui lost a ro-
bust civic conscience and one of the moot
assuring things sbout Han ranc!sro today
Is. It siiis lo m, the sign of the timta
which t-tokns Just that leading U our
leading la our
public nuuo.
Addresses were also mads by District
Attorney Landon and Assistant District
Attorn? Francis J. Heney.
Progress mt Meballdlagr.
One year ago today Ban Franclsoo was all
but wiped out of existence by Are, succeed
ing a terrlflo earthquake shock. Nearly
Sbw,00i people were readered homeless and
the financial loss amounted to about $100,
ooo.ouo. Ths city wss left a mass of smoking
ruins and rehabilitation seemed a matter
f many yeara Today the sun rose from a
(Continued cm. ascend. FagO
SUMMARY OF TUE BEE
Friday, April Iff, IffOT.
1907
Bun MON
APRII
rut wcd
2 J?4
1007
mi bat
5 0
12 13
10 20
26 27
J
I
7
14
21
8
9 0
II
15 x.7 18
2S 24 25
28 j 30
TU VXlTIEa,
FORECAST FOR NEBRASKA Pair Fri
day and Saturday.
FORECAST FOR IOWA-Falr Friday,
preceded by rain In east portion. Saturday
fair.
Temperature at Omaha yesterday:
Hour. Deg. Hour. ' Deg.
6 a. m 32 1 p. m S3
a. m 31 1 p. m SI
7 a. m p. m 83
s a, m 80 4 p. m 33
a. m 30 ( p. m Si
10 a. m 30 p. m St
11 a. m 31 7 p. m SS
11 m 33 8 p. m S4
p. m U
DOKXBTXO.
Interstate Commerce commission de
cides that the allowance made by fhe
Union Pacific Railroad company for ele
vation Is a rebate and is unlawful.
ra- 1
Reorganised Church of Latter Day
Paints asserts It has the original manu
script copy of the Book of Mormon and
denies It Is In possession of the Utah
church. 'are 1
A committee of stockholders at Kansas
City has taken charge of the affairs of
the Uncle 8am Oil company pending
Judicial action. Vara
Attempt Is made to assassinate Slavonlo
pastor with dynamite at Haxleton, Pa.
Fare 1
Seattle labor council asks president to
retract remarks regarding Moyer and
Haywood, saying; he seems to prejudice
case. rare 1
Ruef trial Is delayed because of illness
of Henry Ach. Fare 1
Kings of Great Britain and Italy meet
at Gaeta, meeting assumlnr the features
of a military gathering. rage
Apparently mistaken for another person,
Morza Abbas Khan, Persian minister of
communications, was shot. Fare 1
France declares It is not making naval
dem.nstratlon off Morocco, but Is ready
for trouble. Fare
Fren. workmen create disorder in Paris
and troops are called to preserve order.
Fag a
British budget is presented in Parliament ;
by Chancellor Asqulth, who promises
economy and reform In taxation. Fare a
Latest estimate places number killed by
earthquake in Mexico at 100. Far B
TEMASICA.
Objection la made to the normal board
putting in a commercial course at the
Kearney normal school. State Railway
commission rules It is unlawful for street
railways to carry free firemen and police-
men. or grant special rates to postmen and
others, . Far S
John Hamlin, on trial at Grand Inland
on the charge of murder, for the shooting ,
of Rachel Engte In August last. The court :
refused to entertain . r,i. , .i, I
- a w
Fag 3)
Snowstorm Is general over the state of !
Kiebraska. Page 9
President Wight of Hastings college
has been tendered a call to Westminster
Presbyterian church at Mlddletown, N. Y.
Far a
WABHUTOTOir.
Senator Clark of Wyoming objects to
prairie land being Included in forest re-
serves. Camplln recommended for federal
attorney In that state. Congressman Hull
.., . .
: ministers and Secretary Root looking to
ivan cull icrciiua Ul rcpuullLS. rwl A
Defense in Hermann case asks for In-
'. looking Into th stock and bond laws of
Texas .
, "
tOCAX.
Slx Inches of snow In Omaha Thursday
Is the deepest In history for so late In the
year, according to the records of th
i wl"r " "'"" t
, - ... ...
I . " rv.- .
kiRo ocivuviBiv .i v uuuiiiivu vj ma ki u i -
tect to the congregation and generally sp-
proved, though some minor changes will
be made to conform with the Increased
cost of construction. Fag a
General Manager Smith of the street
railway cites som reasons to show the
undeslrablltty of an ordinance holding
j street cars on corners to enable pas'
' -nger. to make connections. Far T
In Woman's Realm Flimsy roods hold
! th attention for their vogu and fashion.
, --a i. hsirlnv a swod tlma lui
I with land frauds, given to the
charged with land frauds, given to ths
Jury, which has not yet reached a verdict.
Far 1
ShercllfT. the Pollack diamond robber, ln
hie testimony In Dennlson-News libel
sun, says nw w v. -
nw,... of former case against Dennlson
by the Clvlo Federation through Brome
FO.
Blue Heron wins th Osone stakes at
Aqueduct Park. Fag
Pittsburg shuts out tnicago in nara-
fought game, 1 to 0. Fag 4
COarsti: avCXAXi AJTD IJrSVBTUaX.
Live stock markets. Pare
Grain markets.
Stocks and bonds.
Far a
par a
1 V I ' , 1 ' I WWIIIU I Wit IllbW
Paater ef Chnrch la Peaasylvaala
Object of Oatrage by
Black Bail."
HAZELTON, Pa.. April 1-An attempt
1 md
! ! ?
Tankola.
church I
s early today to kill Rev. Matthew
pastor of St. Joseph's Blavonlo
church In this city. A heavy charge of
dynamite was expolded under the entrance
to the parsonage. It tore out a portion
of tho porch, shattered all the wondwa of
the house and splintered the front door.
. There has been factional trouble In tha
church for some time. On faction ha
asked for the removal of the pastor, but
without suooesa Several weeks ago Father
Tankola received a letter from "The Black
Hand," threatening hint with death unless
hs left the city. He asserts that the
dynamiting lg the work of members of
the faction opposed to his work. The ma
jority of the male members of ths congre
gation are mlns workers, accuatviued to
the banJUcg si expUislvee)
OBJECTS TO FOREST POLICY
fenatcr Glare of WjcmJng; Takes Issue
with tho Esad of ths Boreas,
NEW MAN FOR WYOMING ATTORNEYSH P
Congressman Hall Expresses Opinion
President Coald Hare I'nlted Iowa
Delegation, bat Otherwise It
Will Be Divided.
(From a Staff Correspondent.)
WASHINGTON. April IS. (Special Tele
gram.) Senator Clark of Wyoming, who
is in Washington direct from home and
who will meet his colleagues of the Wyo
ming delegation, Senator Warren and Rep
resentative MondelL here tomorrow, said
that politics was not being talked about
to any large' extent In his section of the
country. The sheepmen and cattlemen
were talking generally about the restrictive
orders for the forest reserve, which Sena
tor Clark believes will have to be vitally
changed In the very near future. Senator
Clark Is an earnest advocate of the forest
reserve, but he does not believe that a
prairie country twenty miles long and ten
miles wide without a single tree in that
area should be Included In the national
forest reserve, and he has told Forester
Plnchot that If he goes on as he has done
in creating forest reserves that congress
some of these days will In Its wrath wipe
out the entire service.
Colleges at Law Over Money.
J. W. Laeey and Timothy Burke of
Cheyenne and George Corthell of Laramie,
Wyo., are expected In Washington tomor
row to argue a case before the supreme
court Involving the question of the appro
priation for agricultural college. Under
the original law of Wyoming an agricul
tural college was located at Lander, but
subsequent legislative enactment located a
college at Laramie, and the case before
the supreme court Is to determine which
one of these two colleges shall receive the
national appropriation for such purposes.
Charles W. Burdlck, chairman of the re
publican state committee of Wyoming, Is
in Washington In conference with the Wyo
ming delegation.
Senator Warren of Wyoming will arrive
In Washington tomorrow from New York.
Camplln for Federal Attorney.
Representative Mondell of Wyoming Is
in Washington to do a "few errands" for
his constituents, as he expressed It. One
of these "errands" was to recommend to
President Roosevelt the appointment of M.
B. Camplln of Sheridan as I'nlted States
I district attorney. In this recommendation
the senators from Wyoming concur. B. M.
Ausherman of Evanaton was originally
nominated, but did not qualify, having de- I
elded he could not in Justice to himself
and family relinquish his lucrative law
practice, .
Hall mm Iowa Politics.
Representative Hull of Iowa, speaking
politically of the situation In his state,
said: "If the president would Indicate that
he would take another nomination Iowa
would be for him, but If he Is not in the
'race tt would be anybody's fight, with the
1 delegation divided. Vice President Fair-
banks "has many Strong friends in the
t1' specially among the country editors,
He has traveled In the state and Is well
! known.
'8cr Taf t has many friends be-
cause the president Is understood to be
for him. As to ex-Secretary Shaw, he has
many friends, although It Is taken for
granted that since he has entered business
In New Tork he will not be in the race
next year."
"How about Governor Cummins?"
Well. I think he could have the dele-
..tlon of the state for vloe president if ha
wanted It. He could not get the delegates
or the presidential nomination If Freed -ot
i . v.,,.." . .v.. i .. ' ... L
j probability Is that the delegation will be
U'Vluvu iud fiiwiuoii IB lu u vul Ul lilo ,
i fight."
Minor Matters at Capital.
Samuel B. Davis of Tennessee was today
ppolnted superintendent of the Genoa In-
Ian school In Nebraska at a salary of
dlan school
7oa-
, John H. Shrlver of South Dakota was to-
day appointed special allotting agent at S3
per day to look after allotments of children
of the Sioux Indians on the Rosebud reser-
Horl Prumh has ben annnlntiul rrL
- - -
; ''er for route I at Malvern, la.
" -
TEXAS LAW AT WHITE HOUSE
.
Jadge Cowan Tells President that
Stock aad Bond Act la
Baeeessfal.
WASHINGTON. April lS.-Some Interest-
ln information on tne operation of the
Jxas Blocs ana Bono law o: imj, unaer
P - P - r -
t,M of the ,ut8 wa made ln im- was
gtven to the president today by Judge 8. tary-general, Miss Virginia Miller; chap
H. Cowan of Texas, a special employ of lain general. Mrs. J. A. Gllflllan; reglstrar
the Interstate Commerce commission and general, Mrs. L. B. R. Fisher; treasurer
attorney for the Southwestern Cattle Grow- general, Mrs. Charles W. Brown; historian,
era' association. ; general. Miss H. S. R. -Hetsel; assistant
Mr. Cowan told the president that the ; historian-general, Miss Minnie F. Mlckley;
T w inu. Y. - .4 khavu a.iMAA-- T V. . tOiparl.n .f I . Attn Rnlntnnm
, on
, purpose of becoming the basis for rats
j making, h Mid, but to fix a line beyond
wnlch the roads could not go in issuing
stocks and bonds. He added that the
vjju.tlon put on tha railroads by the Texas
commission having charge of the matter
' exceeded the cost of construction by 15 to
10 per cent and the cost of the ascertain
ment of the facts had been comparatively
small. So far' a he was aware. Judge
Cowan ssld. none of the Texas railroads
had contested a valuation made under the
law.
President Roosevelt Is acquiring all the
Information available on the various phases
of ths subject of railroads.
PRESIDENT ASKED TO RETRACT
Beat tie Labor Ceaaell Thinks
Prejudiced Meyer aad Hay
weed Ibi Letter.
He
SEATTLE, Wash., April It The Seattle
Central Labor council Ut night passed
resolution scoring Presldsnt Roosevelt's
action in referring to E. II. Karri man as
undesirable a cltlsen as Moyer. Haywood
or aba
Th resolution, criticise the presldsnt for
prejudging the alleged murderers of ex-
Governor Steunenberg of Idaho before they
have been tried and for denying them the
rights of American cltlseus to be presumed
Innocent until proved guilty. The irate
labor leaders requested that the president
" asked for a square deal for the
ma whose names he has clouded,
BOOK OF MORMON MANUSCRIPT
Reorganised Choreh Asserts Posses
sion of the Original Copy of
the Work.
LA MON I, la.. April 18-(Spclal Tele
gram.) Elder A. H. Parsons of the Inde
pendence stake presidency was the speaker
t the morning service of the Latter Pay
Saints' conference. President Joseph Smith
was In the chair at the opening of the busi
ness session this afternoon, but was soon
relieved by his second counsellor, Richard
C. Fvans of London. Ontario.
Elders William Davis of Michigan, Fred
B. Farr of Kansas City and John Harp
of Lamonl were called to the office of
seventy and the presidency authorised to
provide for their ordination.
Charles B. Fry of Omaha was chosen to
succeed himself as member of the auditing
committee, whose duty It le to audit each
year all the financial accounts of tho
church, including the Bishops' Herald of
Lamonl and the Ensign Independence ac
counts. Elder Fry has acted upon this
committee for the last four years.
A committee was appointed to draw up
blanks for the preferring of charges, ap
peals, subpoenas, etc. This church tries tha
cases of Its members accused of unchrls-tlan-llke
conduct, first before an elders'
court appointed by the branch where the
member under discipline resides. The deci
sion of this court may he appealed from
this to a court appointed by the district
It then passes to the bishops' court and
finally to the standing high council of the
church, the head of which Is the first presi
dency of the church. From the decision
of this council of fifteen there Is no appeal.
The board of publication was authorized
to take immediate steps to publish tho
Book of Mormon In the German language,
as the auxiliary societies have raised SsoO
for that purpose.
Upon separate votes the conference sus
tained the various quorums, officers, boards,
committees and organisations of the church.
The botLTd of publication was unchanged
in Its personnel, being composed of Bishop
E. L. Kelley and H. K. Mills of Independ
ence, Mo., Fred B. Blair and Oscar Ander
son of Lamonl, la., and T. A. lloughee of
Henderson, la.
A resolution of condolence and respect
was passed referring to the death of Bishop
Thomas Taylor of England.
Because of some rumors which have
been circulated that tha Brlghamltea have
the original manuscript of the Book of
Mormon, the presidency stated that the en
tire manuscript is In the custody of the
first presidency and Is in a safety Vault in
Independence. President Smith stated that
a second copy of the manuscript, or a por
tion of it, had been placed In the corner
stone of the Nauvoo House at Nauvoo, I1U,
and that when It was razed by his step
father. Major Bldamon, he was presented
with a few sheets. These pages were fairly
legible at the time, but the action upon
them of the water through the limestone
had been such that, they soon crumbled to
ashes. Joseph F. Smith, son of Hyrum
Smith and present head of the Brlghamlte
church, was also presented with a few
Aml ..,. n hfl- w- mnr. fnrt...
ate ,n preBervlng. hla than the Joseph
Smith of the reorganization was with his,
those people certainly have no manuscript
of the Book of Mormon.
The conference ordered the publishing
the fifth volume of "cliurch history as soon
as practicable.
Pending the finishing of the reports of
the first presidency and the twelve, con
cerning the missionary appointments for
the coming year, the meeting closed at an
early hour, as the table was practically
cleared of business.
MRS. M'LEAN IS A WINNER
No Real Opposition Expected Wkn
Daaghters Come to Elect Pre
siding; Officer.
WASHINGTON, April That Mrs,
Donald McLean of New Tork will bs
elected president-general of the Daughters
of the American Revolution by the con
" tod practlC8.iiy assured. Th.
practically assured. The
opposition forces will either center on Mrs.
! Walter Harvey Weed of Montana or Mrs.
Charles Llppett of this city. The "in-
iurgents" sdmlt that all opposition may
be withdrawn after the first ballot and
Mr. Mclean will be mads nrenld.nt.
seneral by acclamation.
The election of the other national of-
fleers, however, will be more exciting, as
more than on candidate has been selected
tor every other office. In opposition to Mrs.
Charlotte tmerion main ror tne vice
. .
presiaeni - genera..n.p ui i..e org.mzauon
. jg Mrs. E.pptey.
The remainder of the ticket of the op-
nosing factions is as follows:
! Administration-Recording secretary-gen-
j oral. Miss Ethel F. Pearce; corresponding
' secretary-general, Mrs. John Paul Earnest;
chaplain-general. Mrs. Esther F. Noble;
registrar-general, Mrs. Amos O. Draper;
i treasurer-general, Mrs. Mabel C. Bworm-
steadt; historian-general. Miss J. Eakln
Gadsby; assistant historian-general, Mrs.
Henry 8. Bowson; librarian, Mrs. Helen
M. Boynton.
j Opposition-Recording secretary-general,
Mrs. Esther Barlow; corresponding secro-
j The -JectOM and nom,n.Uon. wlII b,p1rl
at ths morning session today and will
continue throughout the arternoon.
j Ths result of the elections will bs mads
known at ths evening session.
OMAHA NEGRJESS IS KILLED
Otis J. Johnson, a. Negro, Confesses
Have I'sed Hatchet
Fatally.
CHICAGO. April lJ.-Mrs. Mary Johnson,
a negress from Omaha, was found mur
dered in a rooming house at 1608 Wabash
venue today. Her head had been almost
severed with a hatchet.
Otis J. Johnson, a negro, also from
Omaha, was arrested and admitted to the
police that he killed the woman because
of Jealousy. The couple had been living
together as man and wife. They came
from Omaha about six months ago.
Ths Omaha police ars not certain of
having the acquaintance of Otis or Mary
Jon
'
They believe, however, the
woman la one who was arrested several
mnh. .n on a chars, of ir-o ,
( tn. person, when her victim fought her and
recovered his money. Both Johnson and
! ,. WOman were arrested and Johnson
; pretended to be a white man and made a
grMt ado about being arrested. The woman
, secured a continuance of her case and
, wss released on bail. 8he then committed
, another robbery and aklpped the city. Her
name wss Mary Johnson, but whether the
same one killed In Chicago, tL police ars
I tuA. certain.
LAND CASE GIVEN TO JURY
Betlreg fhortly Before Firs 0'olock to
Deliberata Over Verdict.
SO AGREEMENT REACHED AT BEDTIME
Argoment of Attorney Rsik for the
Government and Charge of Jadge
Manger Oeeopy the After
, noon Hoars.
The trial of Thomas M. Huntington.
Fred Hoyt and Ami B. Todd for conspiracy
to defraud the United States out of use,
possession and title to large tracts of land
In Sheridan and Cherry counties, and for
subornation of perjury In the matter of
securing false, fictitious and fraudalent
entries to section claims of land under the
Klnkald law for the benefit of the Ne
braska Land and Feeding company, is
practically at an end, and Is now in the
hands of the Jury. Special Assistant At
torney General 8. R. Rush made the clos
ing argument for the government.
Mr. Rush concluded his argument at 4
o'clock Thursday afternoon, speaking nearly
an hour and a half. His arraignment of
the accused was scathing and bitter and
he undertook to show the Inception of tho
conspiracy and the active part that each
of the defendants took In the matter with
out exception. He was at times eloquent
in his reference to the pioneers of Ne
braska who came out In the esrly days and
carefully, honestly and heroically complied
with every requirement of the generous
homestead laws, suffered the privations of
the pioneer, made their early homes In
sod houses, and eventually built from the
desert an empire of homes and a com
monwealth that ranks with the best, high
est and most cultured of the world.
O,nestlon of Motives.
"Were the motives of these conspirators
honest," said Mr. Rush, "when they went
to the soldiers homes of Illinois and Ne
braska, and took therefrom these old men
who were simply waiting In these retreats
for the ultimate end, and placed them on
these sand hill claims with the expectancy
that they were able to endure the priva
tions of pioneer life and start anew to
build homes thereon? Shame on such
philanthropy. Why did these conspirators
not seek young, sturdy men, in the vigor
of their manhood to make these filings If
their Intentions and purposes were so
honest? The answer lies with your own
Judgment V
Judge Munger began his charge to the
Jury at 4:06 o'clock, finishing at 4:65. The
charge was a lucid and succinct exposition
of the law regarding homestead entries,
and of the law of conspiracy. He made
a brief though careful analysis of the evi
dence as bearing upon specific points of
the Indictment
The Jury at once retired and remained in
Its room until 6 o'clock, when It was per-
, mltted to go to supper, returning at 7:18.
j At 10:15 the Jury had not yet reached an
agreement, and was permitted to return
; to the hotel for the remainder of the
night, and will resume Its deliberations at
I o'clock this morning.
HENRY ACH IS STRICKEN
Attorney for Abe Haef Is Now Recov
eringProbable Coarse of
Proceeding.
SAN FRANCISCO, April 18.-Henry Ach,
counsel for Abraham Ruef, who was
stricken ln court yesterday, Is now on the
way to recovery, Hla Illness turned out
to be ptomaine poisoning, which was at
tributed to mussles eaten at luncheon.
Anxiety was felt for a time as to the
result, but late last night Mr. Ach was
pronounced out of danger.
This morning, when the trial of Ruef Is
continued the twelve men selected as a
Jury will be subjected to peremptory chal
lenges. Of these the prosecution have five
In all, th defense being allowed ten. It
is expected that when these challenges are
completed another venire probably will be
ordered, which will serve to prolong the
trial, which has now been delayed for
some time.
It is now said that the developments re
sulting from the recent telephone Investi
gation will not be filed until the return
from Manila of T. V. Halsey of the Pacific
States Telephone company, now under tn-
I dlctment for perjury, who Is expected to
be examined by the grand Jury,
The object of th prosecution, it is said.
Is to begin as many trials as possible as
soon as the Indictments are ready, and
Detective Burns has already taken advan
tage of the lapse this week In the grand
Jury's work and is busy preparing for ths
actual trials which are expects): The
Investigation Into th other forms of graft
la being carried on simultaneously with
the preparations for work In court.
The Illness of Attorney Ach necessitated
an adjournment of the trial. The report
today from the hospital was that be was
lowly recovering.
CAPTAIN CURRYGETS PLACE
Governor of Bamar Provlaee Is
Called to Office la New
Mexico.
WASHINGTON. April U.-Govemar
Hagerman of New Mexico, against whom
charges were preferred, hss tendered his
resignation and the president today an
nounced the appointment of Captain George
Curry, governor of Bamar province, Phllll
plne Island, as governor of New Mexico.
Governor Hagerman was recently In
Washington, where were flied charge re
lating to the transfer of territorial lands
to a Pennsylvania development company.
While her he bad a long Interview with
the president and Secretary Garfield about
the charges which hs declared were the re
sult of political Intrigue.
Captain Curry enlisted In the Rough
Riders regiment from Tularosa. N. M.
Hs wss a member of Troop H. and It was
while serving In that organisation that
the president made his acquaintance,
PERSIAN MINISTER IS SHOT
Mlrsa Abbas Khaa Apparently Mis
taken far Aaola Baltan, Called
to Cerb Radicals.
BAKU. Russia, April 18. Mlria Abbas
Khan, chief engtneer of the Persian minis
try of ways and communications, was shot
at four times In the street last night. Two
of the shots took effect In his abdomen and
Ida
The khan bears a closs resemblance to
the ex-Persian gram! vlsier, Amln Sultan,
whom the shah summoned from Paris to
assist In combatting the revolutionary
movement In Persia, and it la thought that
tha assassins were revolutionary emissaries.
Three passers-by were wounded during th
fusUad.
DROUTH BROKEN AT LINCOLN
Sopreme Coart Holds Thirteen Months
Consulates a Year la that
City.
(From a Staff Correspondent.)
LINCOLN, April 1R. (Special Telegram.)
The sun Is shining In Lincoln tonight, for
behold at the last minute before adjourn
ment the supreme court spoke and there
after Immediately the doors of all the sa
loons In this city swung open and behold
there was great rejoining, for the democrats
or the town had set this night as the time
to hold their city convention and the deci
sion of the court also freed from the tolls
of the law one Wilbur, who had sold liquor
after numerous lawyers said the year In
Lincoln only had twelve months and Wilbur
thought It had thirteen months. Wilbur
was right, for the court held that the
license year had been extended one month
along with the extension of the municipal
year. The dry spell had lasted for over a
week and numerous Llncolnltes say they
will remember It as the longest dry spell
since the hot winds.
Following are the other opinions handed
down by the court:
Sharpies company against Harding
Creamery company. Affirmed. Jackson, C.
Manahan a g a (not Adams county; motion
for rehearing; overruled; Ames, C Stelllng
against Peddlrord; reversed and remanded;
Albert, C. Riley against Burlington; re
versed snd remanded; Epperson, C. Moller
Intr against Klnneburg, affirmed; Duftie, C.
Coburn against Holton; affirmed; Oldham,
C. Bolton against Coburn: affirmed; (Hd
ham, C Olney against Omaha & Council
Bluffs Street Railway company: affirmed;
Duffle. C. Gage Bros. A Co. avalnat Burns;
reversed with directions; Oldham. C Tan
ner against Hedpreen; reversed with direc
tions; Duffle. C. Wanhlngton against Wash
ington; reversed and remanded; Oldham, C.
Poels against Brown; reversed and re
manded; Albert, C. Palmer against Va
naukrn; affirmed: Oldham, C Palmer
against McFarlane; affirmed; Albert, C.
Smith against Nelson; sfflrmed; Oldham, C.
Belcher against J. I. Case Threshing Ma
chine company; affirmed: Jackson, C.
Frederleksen against Locomobile Company
of AmerlrA; affirmed; Duffle. C. Abbott
against Hayes county; sfnrmed: Ames, C.
Good against Bonacum; affirmed; Albert, C.
Siren against State; affirmed; Duffie, C.
Fordyce against Richmond: affirmed; Ep
person, C. Vaneura against Western Bo
hemian Fraternal union; affirmed; Epper
son, C. Ogden against Woodmen of the
World; reversed and remanded; Jackson, l
Reusoh against City of Lincoln; reversed
with directions to grant Injunction as
prayed; per' curiam.
DEADLOCK IN WISCONSIN
Ten Republicans Candidates for Beat
Vacated by I'nlted States
Senator Spooner.
MADISON, Wis., April 18. A deadlock
exists In the contest for the seat In the
United States senate vacated by John C.
Spooner. After several caucuses by the re
publican members of the legislature and
taking of two formal ballots ln Joint ses
sion there were no Indications of an elec
tion. There are ten candidates In the race,
five ' of whom lead with about a usual
number of votes.
Isaao Stephenson, a wealthy lumberman of
Marinette and who hss been a staunch sup
porter of United States Senator Robert N.
LaFoIlette, both on state and national topics,
ln today's ballot showed a strength of nine
teen votes, being tltd by Congressman John
J. Esch of La Crosse. Irvine L. Lenroot
of Superior, former speaker of th assem
bly and also a strong adherent of LaFoI
lette, received eighteen votes, as did also
Congressman H. A. Cooper of Raclna. Wil
liam H. Patten of New London came nejrt,
with fifteen votes. Emll Baensch of Manl
towoo and F. C. Winkler of Milwaukee,
both so-called stalwarts, received six and
three votes, respectively, with the remain
ing republican votes scattering. The dem
ocratic votes, twenty-four ln number, have
thus far been cant for George W. Bird of
Madison, while the social democrats have
been supporting Assemblyman J. P. Rum
mel of Milwaukee.
Several conferences were held with Sen
ator LaFoIlette while he was in Madison
at different times lately In the-Interest of
j Stephenson, but It appears not enough
; strength could be mustered to carry out
, the plans to seat the Marinette man.
Friends of Congresamen Esch and Cooper
are standing by their candidates without
, any Indication of a break.
While considerable gossip has connected
I Governor Davidson's name with the con
tent, iiv iibs kb )ti rrceivea no vyiew. i&ik
has been heard of Davidson as a compro
mise candidate.
With the democratic and social demo-
' cratlo votes eliminated, the republican
strength Is shown to be 103 votes, thus rs
quiring fifty-two necessary to nominate.
HERMANN CASE IS ENDING
Defense Tells Jadge What It Wants
In Way of Charge
to Jary.
WASHINGTON, April 18-The defense
submitted Its requests as to charging the
Jury to the court today In the trial of
Blnger Hermann, charged with destroying
public records. The defense urged that the
Jury should be charged that there Is no
evidence to show that Mr. Hermann had
any connection with the alleged Hyde
Benson land fraud conspiracy; also that In
order to convict, four things must be found
by the Jury: First, that one or more of
the conspiracies alleged must be found to
exist; second, that the defendant was ln
some manner connected with one or more
of such conspiracies; third, that there was
something in the books destroyed thst
would have tended to show the defendant's
connection with the alleged conspiracies,
and. fourth, that he destroyed the books
to keep secret this connection.
Considerable attention was given in the
prayers to ' the exact construction which
should be given to the word "fraudulent"
as It is ued in the statute under which
Mr. Hermann Is being tried.
MORE TALK OF CONFERENCE
Ministers of Gaateraala aad Salvador
Have Another Meeting- with
Secretary Root.
WASHINGTON. April 18.The minister
from Guatemala and the Salvadorean min
ister had another talk with Secretary Root
today ln regard to the projected congress
to be held ln Washington or Mexico City
In pursuit of the purpose to effect a last
ing peace ln Central America.
They sta'ed that the proposed congress
1 seems to have the unanimous approval of
th Central American states, but It will
. be necessury to await the result of the
conference, which Is now probably In prog
' res a ln the neighborhood of Amspala, be
I tween the prime ministers of Salvador and
Nicaragua.
hew Haven Defers Stock Issae.
NKW HAVEN. Conn , April M.-The pro
posed Usue of about l-r. ,uw of new slot k
of tns New Haven KailroaJ company will
be drferred probably until next autumn and
possibly longer. Ths ground given for the
postponement la the fait that the company
already has enough of Incoming funds fwr
lis needs fur soius uwmkn to ooiue.
CHARGE IS UNLAWFUL
Fearer Grain Elevator Case is Eaoidtd
Arainst TJtioa facifio.
ALLOWANCE IS DtCLARED A REBATE
Commission Holds ttat it Ixceads Cast of
Service Beadsred.
CHARGE IS CRDEREI REDUCED
Euliaff taat it Mast Not Exceed Thrsa
Quarters Cent Fer Ensured lonnds.
OPINION IS WRlTTu BY MR. HARLAN
Allowance la Itself is Not Illegal, bot
When Paid to Owner of Oral
Most Not Exceed Actaal
Cost.
WASHINGTON, April 18.-In what
known as the Feavey elevator case, tle
Interstate Commerce commission today an
nounced Its decision against the Union Pa
cific Railroad company. The commission
helds that the arrangement between the
Union Pacific and the Pouvey elevator was
unlawful, as It was In excess of the actual
cost of the elevation of the grain and, there
fore, a rebate.
The decision was prepared by Commis
sioner Harlan and Ills opinion was con
curred In by a majority of the commiaalon.
Coitunlaaioners Clements snd Lane,' how
ever, filed dissenting opinions.
The proceeding was entitled: "ln the mat
ter of allowances to elevatcrs by the Union
Pacific. Railway company." It was a sub
ject of Investigation by the commission on
Its own motion prior to June 26, 1904, on
which date the commission, on the evidence
then before It, decided thnt there had been
no violation of law. Subsequently, ln July,
1906, on petition of certain railroads Inter
ested In the grsln traffic of the northwest,
the case was reopened and much additional
testimony was tsken. The case was the
argued at great extent before the commis
sion and briefs were filed by counsel rep
resenting all parties ln Interest. Upon this
record and the record of the previous pro
ceedings the commission's opinion ta based.
Snmmary of Finding;.
The position of Commissioner Harlan Is
' summarlxed thus: "Elevation Is dennea
' ss unloading grain from cars or grain
carrying vessels Into a grain elevator and
loading It out again after a period of not
! to exceed ten days; It does not Include
treatment or grsdlng or cleaning or clip
ping of grain and retention ln an elevator
beyond ten days becomes storage and la
not a part of the service of elevation aa
j that word Is used ln the Btstute.
"The law clearly recognises elevation
! a facility which the carrier may provide,
and this authorises the carrier to grant
grain elevation at destination or while th
traffic Is In transit, subject only to the re
striction impod by the act that eleva
tion, like any other service offered by th
.carrier to shippers, must.be open to all
i on equal and reasonable terms.
"Since a carrier subject to the act to
regulate commerce Is entitled to provide
elevation for grain shipments, such carrier
may either construct and operate the ele
vator Itself, or furnish elevation by ar
rangement with an owner of an elevator;
nd the amount of compensation paid by
the carrier to the owner of an elevator
rendering the service Is of no concern to
shippers or to other carriers, unless It
operates to affect the rates charged by th
carrier upon the grain traffic or by som
device a portion of the allowance Is re
turned to shippers and thus become a re
bate." When It Hern-ties I'alawfnl.
"An llowance made to a shipper of grain
, who furnishes elevation service under an
! arrangemene with a carrier. Is a rebate
and an unlawful discrimination when it
Involves a profit over and above the actual
cost to such shipper of the service rendered.
It Is not a rebate when the allowance does
not exceed the actual cost. The arrange
! ment between the LTnlon Pacific Railroad
I company and the Peavey elevators at
Council Bluffs and Kansas City is not In
Itself unlawful. But the allowance of Hi
' cents per 100 pounds paid by the railroad
company to these elevators, controlled by
the Peavey Intel ests. who are large ship
pers of grain snd own practically all ths
grain going Into the elevators. Is In execs
of the actual cost of the service and Is a
rebate and therefore unlawful.
"The commission orders that the allow
ance by the L'nlon Pacific Railroad com
pany to the Peavey elevators shall be
reduced and shall not exceed 4 of a cent
per 100 pounds, the order taking effect on
June 1. 1907."
Both Commissioners Clements and Lane
take Issue in their opinions with the opin
ion of the majority of the commission.
Their opinions will be available In a day
or two.
Union Paclflo SatlaBed.
John N.' Baldwin, general solicitor for th
Union Pacific, railroad, expressed himself
as pleased with the decision of ths Inter
state Commerce commission when It was
read to him Thursday evening, as he con
siders the main point Involved to hav
been decided In favor of the railroad.
"The main point with us." said Mr. Bald
win, "was whether ws had a right to hold
any agreement with the elevator company
t all, not whether the charge was too
great, and the finding that the agreement
is not unlawful in itself is a vlotory for us.
That Is the question around which tha
whole battle was waged.
"The contract which exists bel'veen tha
railroad and the elevator stipulated ti-at tho
rate for the first ten years was to be 1SL
cents and should then be 1 cent per hundred
pounds. This contract has been In effect
nine years, and therefore had but one year
more to run, when the rate would be re
duced to 1 cent.
"Am to whether the charge of three
quarters of a cent Is too low, that Is not
the great point of contest; the question of
whether we had a right to pay anything
back was the principal Issue, and as that
was not decided unlawful the result of the
hearli.g Is In our favor."
Date for MeClellao Memorial.
WASHINGTON, April IS. Announcement
was made today by the executive committee
of the Society of the Army of the Potomac
that May t has been selected as the data
for tha ceremonies Incident to the unveiling
of the MoClellan statue In thla city Instead
of May U, as has been published. Tho
reunion of the Army of the Potomac will
be held here Muy 1, 1 and 3.
Price of Ralls Fixed.
NEW YORK, April 18 The United States
B'sel corporation has fixed '.he selling pii-o
of rails for tie season of Issub at J p-r
ton. 1 Ms Is the price which has oUaiuow
for several year,
