Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 19, 1907, Image 1
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,