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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 20, 1907)
Fhe Omaha Daily Bee IIEVS SECTI3!1 Pag's 1 to 10 Advartlea In THE OMAHA DE E Best A". West OMAIIA, SATURDAY MORNIXG, APRIL 20, 1907 TWENTY PAGES. VOL. XXXVI XO. 2G3. SINGLE COPY THREE CENTS. ROOT ON JAP ISSUE 1 Eeoretarr of Etate Fay 2 "here Wu Bo Dastrtr or War at Any Tim. TALKS TO INTERNATIONAL LAW SOCIETY leal Qaaitioni Ino Ted in Fecent tchool Eiiptte Are Explained, DRAGO DOCTRINE IS UNDER DISCUSSION Join W. Foiter8aiit Wu Orisrinated by Alexander Hamilton. AUDRESS BY JUDGE ADVOCATE DAVIS rmanltf of Xentral Property l Mad Rlsrbts of Belligerents Are Subject of DIs- at WASHINGTON, April 19.-That there never was at any time any danger of wir between tho United States and Japan, growing out of th recent controversy r garbling the segregation of the Japn?si school children In the public schools In Pan Francisco was made clear by Secretary Jtoot In an lililrcu on "The real questions under the Japanese treaty and the San Francisco school board's resolution." at the first annual meeting of the American Society of Int. i national Law here today. The question of state rights. Secretary Root declared, was not Involved. Much of the afternoon cession was de voted to the discussion of the so-called Drago doctrine, which Former Secretary Foster declared was first originated by Alex ander Hamilton, more than 100 years ago. Willlr-n Barnes, sr.. of Nantucket. Mass . Introduced a resolution asking the society to go on record aa considering It "degrada tion Of the functions and purposes of the navies of the world to pervert them to the duties of debt collectors and the lowering of the dignity of admirals of the navies to force them to perform the duties of con stables, bnlllfTs and sheriffs In the collec tion Of debts." . The resolution, which also carried an endorsement of the Drago doc trine waa referred to the executive com mittee. The delegates were entertained at dinner last night by Charles Henry Butler. One hundred guests, prominent In Washington's official, diplomatic and social life, were present to meet the visiting lawyers. Secretary Hoot Tnlks. Tha Operuiig. session waa well attended. Secretary Hoot, who was tha Urst apeaxer, aald: Gentlemen: In opening this meeting ol the American eucieiy of International Law, wuicu A hope will be tue uial ul many mailings in unoroaen anecebsion 10 continue luu alter we personally nave ceaaed to laaa pai t la annus, let me wel come you to the uegiiimiia 01 your labors tor a more tnorougu unuei auuiuiiis ut mm important and laacinauug suojeci. It is lmpu.eiijie tnat me Human uunU snould 1.. ....II.N.M t,. iinttti.mM tiMtrer worth. Ul liobiesi euorts, oneiiug a greater oppor tunny for useiulneee In the exercise ol Its powers, or more iuii of historical and coii- tempoiary uttiekt. than in ine ueia or. in ternational rights and duties. 1 shMll detain you trom the Interesting program o( Instruction and uiacusalun which lias been arranged for this meeting only by trying to illustrate the kind ul sei vie that me society may render. In a lew remarks Intended to clear away a somewhat widespread populaar misappre hension regaruing a question arming under a treaty ol the Lulled states. After reading tha provisions of the treaty with Japan, the constitution and school laws of California, Mr. Root said: It Is obvious that three distinct questions Were raioeii by the claim originating with Japan and presented by our national gov ernment to the courts In San Francisco. , The rirst and second were merely questions of construction of the treaty. Was the right to attend the primary schools a rignt, liberty or privilege of residence? And. If so, was tha limitation of Japanese children to the oriental school and their exclusion from the ordinary schools a deprivation of that right, liberty or privilege? These ques tions of construction, and especially the second, are by no means free from doubt; but as tliey concern only the meaning of a particular clause In a particular treaty they are not of permanent Importance, and, the particular occasion for tlieir con sideration having passed, they need not now be discussed. Other Important Point. The other question was wnetner, if tha treaty had the meaning which the govern ment of Japan ascribed to It, the govern ment of the I nlted States had the con stitutional power to make auch a treaty agreement with a foreign nation which ahould be superior to and controlling upon the laws of the state of California. A cor rect understanding of that question Is of tha utmost Importance not nyerely as re gards the state of California, but aa re gards all states and all cltlsena of the union. There wss a very general mlsapprehen lion of what this treaty really undertook -o do. It was assumed that In making and asserting the validity of the treaty of 1M the 1 nlted States was esaerting the right to compel the state of California to admit Japanese children to Its schools. No such question was involved. The treaty did not. by any possible construction, assert the authority of the 1 nlted Plate, to compel and state to muintaln public schools or to exiemi ine pnv lege of it pPlle schools t Japanese children or in the ihildren of ujr iiirn lY-nmtMiia. j ne irmly did assert the right of the Fulled Hrates, by treatv to asure to the rltlseni of a forotun residing In American territory eqiiHlltv of treatment Willi tin citiann of nilmr fir. elgn nations, so t' at If any state chooses well ns to ..... ... unrii rexuients as ?: l'es'denli the atnte will o diHcr ui agaln.; zens or nirticuiar country with w-Mch the tr. : iv is made, end will be forbidden to d-' y to them the privileges which It LT li t thm rt!Mn. ef i i- ii'itrles The effect of such a treatv in I-'-- ur eaucawon, is lilt on .1 1 1 onipulsory. It Is negative end prohibitory. :t is not a requirement that the state shall furnish education: It Is a orohthi.i,- Ui"" d'rr,mln'l,n when the state does moose to furnish education It leavea children." atnte Rlshia Mot Involved. It bftS been Widely asserted or iiiiiim1 nT&y.P rights. There wss and is no question of iair a riRii, iii.uiro, unie's it be the ijuostion wii crt was nettled by the adoa- ii.iu of the constitution. lbs speaker then ciled cases In support ut ths power of ths United States tn mak i g treaties and the binding effect of those ....n.... , i.. state He referred to the feeling in can ram iseo and ths farence la Washington, aavlne. con- Ine. was. iiuaeter. a .Jjn)sed or r a, enl ciaaiill g of Interest., lo Ja ay wuh tills, conference, coininunlea nun, con.psruon of vteas. xpUnau..n of policy and purpose were neceoary. Many tlioughursa una suu r misrnieovts lei,,r.. have spoaen ana wrui.n reg,amg t-,e,. .onferences sua oommunli atluns as If thay were the rleing and compromise of en. tides, tin the uoiiuai), iney we. e an ex ample of l'' '" hleh the pub.ic tiuaiiiess ought always to be conducted so that ins d Keren! public officers re spectively charged with the performance of duties alterin g the same subject matter may work tuttiuer in lunr.eiance ur tlx 4tuj I'UUJ'C tytxu y ana un common pui - l..atan TOT if U4vl tI 111 V llLHtl rUUIHfV Jturi iiiry part of the country. Such a con- (Cwcllnued va Second FageJ not, a tt chooses but It says t every have invested. must not exclude th- nj,piini,. . tonight, as summary of tue bee Saturday, April SO, 1K7. 1007 APRIL 1907 tum MOM TUt WtB TB Ml SAT I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 j f $ THE VEATKEB. FORECAST FOR N F.RRA3K A-Falr 8at urdav and Puntlny; warmer Sunday. FORECAST FuR IOWA Partly cloudy EaturUay and Sunday. Tempeiature at Omaha yesterday Hour. Deg Hour. Deg. 1 p. m 41 2 p. tn 4 S p. m.'. 4 6 a. m. ( a. m. 7 L in. I a. m. 9 a. m. 10 a. m. 11 a. m. 12 m.... .... J1 .... 28 .... 2S .... 28 .... .... 83 .... 36 44 45 J ft 86 , ' 4 p. m.. ( p. m.. p. m.. 7 p. m.. 8 p. m. . p. m.. DOntTSTTO. Secretary Root, In an address before the Pocletv of International Lew. discusses questions Involved In Japanese school Is- sue at San Francisco and says there was no danger of war at any time. rage 1 add Nebraska Cold weather and snow Is reported gen- ernl from the fihto vilev to the Atlantic seaboard. Jafe 1 Bmartt, commissioner of public works for Friends of Harry Thaw Indicate their Cape Colony, who spoke for Dr. Jameson, belief that he will remain In Jail this who Is 111; the duke of Devonshire and summer. Fags 1 , Lord Roberts. M. C. Burch declares there Is no con- j Sir Bdward Grey referred to the mistake neetion between the case against Western , Great Britain had made In her colonial Federation of Miners officials and land policy In a former country and he was fraud cases In Idaho. Page 1 sure this would not be repeated. Lord KIBSltKA. i Roberta and Mr. Bmartt spoke of the re- Ross Hammond announces his candl- union of the Anglo-Saxon nation and re dacy for the cOUectorshlp of Internal rev- minded their hearers that Americana were enue. Page I taking part In the celebration of the even- L. N. Miller, a 'Wymore hotel man, is dangerously stabbed by two discharged 'tnployea. lage Sir Alfred Deakln. premier of Australia, In speech at London says colonies should be independent nations. Page 1 add domestic Reports of the famine In China show ths necessity for greater relief. Pare 9 Hollo, capital of Pansy, is destroyed by fire and earthquakes shake Luaon. Page 4 Nicaragua and Salvador take steps to end war In Honduras. Pag 1 ?"ners in British Columbia have been ordered to return to work by the offlclala of the International. Brotherhood. Paga 1 X.OOAX. Thomas M. Huntington, Ami B. Todd and Fred Hoyt are convicted In the fed eral court of conspiracy to defraud the government out of 250,000 acres of land add for subornation of perjury. Page X Real estate agents representing Union Pacific refuse to part with the property chosen for the site of the new headquar ters building, giving the Impression the structure will be erected. Pace S Big task of furnishing the new Toung Men's Christian association building la now In progress of performance and the formal opening of Xa building la set for the last week In May. Paffs Ruling of State Railway commission that policemen and firemen cannot ride free on street cars Is pronounced by Chief of Police Donahue aa a aerloua blow to the Omaha police department.,- Page 10 Experts pronounce wheat positively safe from green bugs and fruit only partially damaged by recent severe weather. Page 80 Society Captain and Mra. Leonard D. Wlldman are guests of honor at several social functions. Page 13 The complete schedules for the women golf players Of the Country club have been made. Page POSTS. men ,.t Fernle, B. C, and the other western Longboat, an Indian runner from To- J mines urging them to return to work. Vice ronto, wins Marathon road race at Boston, ! president Lewis hae started from Indian beating record of the course by over live ! spoils to ths scene and an Interview has minutes. Page 8 been arranged between him and the oper- Fresh, a 60 to 1 shot, wins third race at I atora on Tuesday next. Aqueduct. Page 8 I The department la taking steps to Inves- Chlcago Americans shut out Bt. Louis ! tlgata tha situation In the west In view of tn a fast, snappy game. Page 8 ; the alarming atatement aent out from Cal add foreign. COMMJESCXAX. UTD XVDUST2UAX. Live Stock marketa. Pago 17 Grain marketa. Page 17 Stocks and bonds. Page 17 Dun'a review of trade aaya spring busi ness is reiarueu u, u.,.e.u..u. wd..e. . Factories are atill busy and building oper- ations continue. RECEIVER FOR pIL COMPANY Federal Judge In Kansas Will Take Charge of Tnele Sam Concern. TOPEKA, Kan., April 19. In announcing his decision to appoint a receiver In In voluntary bankruptcy for the Uncle Sam Oil company today. Judge 6ohn C. Pollock n the United Btatee district court took occasion to denounce the scheme of the company as outlined In Its advertising aa "impracticable." "The estate, which la probably small j enough aa It Is, wilt be conserved for the d th iv" womtadl In their Interests." Judge foiioc said. ' The creditors are business men and ahould have gone Into the scheme with their eyes i open. Any business man ahould have I i iPiink,,'. mehem Aa OlltllneA 1 . ..rt,.. imnractlcbl I ln M advertising, was impracticable, j : Whatever la left ahall be kept together, ' for the stockholders, many of whom are . .... , .1 Pollock did not name the receiver had been expected, but will probably do so tomorrow morning. I The receiver will be appointed under the ' Hunltrui.tcv law .ha annltratlon havinsr on the fact that H. H. Tucker. ' r- -r'd the other officers of the company had mads a general assignment of all the property of the company to three trustees, who were to manage and operate It. The company haa 10,00 stockholders, dis tributed over ths country, A statement is sued April I last showed receipts from sale of stock of something over 21.0u0.000. Tha receiver when named will be placed under a W.OtO bond. Jadge Pollock's granting of the petition United Stales through the proper ch&n for a receiver was made without ackoowl- nela." edging the contentions of II. L. Tlrrlll of On January H the governor cabled to the Charleston, 111., and ths Fort Scott Kaa. .,..,,. ,h.t th..,un. ,. ,., " -...-., .- ,InUl uus w.. , ... ...,s ine an- nuuuc......... ..... ... -,...pin, oniy with tn. stocano.o.r. .no ea teen tn- , .ervedly withdraw my letter of J.ouary decided upon. The ministers, according to duced to Invest their money on glittering . 18 and to express my regret that I Minister Corea s advice., are communl jfonilsea wrote It." ! eating with their respective governments Twenty days ts given ln which to adjudl- ! On the name date the governor cabled to : as to the terms of the agreement cats the Question of bankruptcy. Ths com. 1 Lord Elgin, aa follows: j A. he lha 8tat. department Mim.t.e I., a - a W . l. .... . ' l" . , """ hai time and bring In evldeuce lo jyove that it j l not insolvent INDEPENDENCE FUR COLONIES f resaier of Anitral a ..akei Frediotien that Causae Diplomat to EfctddtZ. WILL PREPARE tOR SELF-DEFENSE Conatry Will Be Able to Take Caire at Itself la Caaa f War Without Aid from England. I LONDON. April 19-Fleld Marshal Lord "Robert, presided at a banquet given to- i night by the Pilgrims' society In honor of the various colonial prime ministers who are at present In London to take part In the Colonial conference. At the table with Lord Roberta sat Whltelaw Reld. ambassador of tha United Btates; Blr Edward Orey, tha foreign sec- retary; Lord Btratheona, the Canadian high commissioner; Alfred Deakln, premier of Australia, and the duke of Devonshire. The government was represented by a majority of the members of the cabinet. and in addition to many of the most prominent men at the bar. In the church and in the commercial world, sat down at the tables. Canada alone among the colonies was witnoui a sposesman. The speakers were Blr Bdward Orey, Alfred Deakln, Sir Joseph Ward, premier of New Zealand; Alfred Littleton. T. W. lng. Independence for Colonies. Alfred Deakln dealt with international problems with straightforward words that undoubtedly will make the careful British diplomat shudder. He said it was a fact that the colonial office waa farther from the colonies than the colonies from the colonial office, and emphasized the claim that ths colonies should be Independent nations. He said It was "refreshing" to come to London and talk with the government face to face. He promised that Australia next year would inaugurate a system whereby It could defend Itself tn the event of war without assistance from the mother coun try. He emphasized ths fact that the problems of Australia were not the prob lems of England, saying the mother coun try had no Astatic population as menacing rivals. Then, referring obviously to the Ger man occupation of the New Hebrldea, the premier aaid he wished It to be noted that England had not allowed a rival European nation to secure a foothold close to Aus tralia without consulting Australia. While the British navy had 'not- been called on in a teat of sea supremacy during the last century, the speaker said this would hap pen in th-Cxl .hundred years. Without mentioning nations by name, he said pointedly that there would be war for the supremacy of tha Paolflo . with Germany and Japaan, CANADIAN TROUBLE MAY END Mine Workers of British Colombln Are Ordered to Retarn to Work. OTTAWA, Ont, April 1.-The Labor de partment has received word that President . Mitchell and Vice President Lewis of the i rnlted Mine Workers have telea-raDhed th gary. - it seems unaouotea mat some men have left work, but nothing exists which can ba described aa a atrlka. The cause of the trouble, so far as is known here, seems to be a misunderstand ing. The new act requires thirty days notice . nosted of arnf rhanss In nnMltlnn. . 0n Mmril,.ne. thpr(wl,h posted a notice of a reduction. Tha miners ! did not understand that this wss In accord ance with the provisions of ths act and declared that they would work elsewhere. WINNIPEG. Man.. April 19.-Reports from tha coal districts of Alberta show that with but few exceptions every miner is out and the remaining few will likely come out this sfternoon. John Mitchell, president of the United Mine Workers, has wired President Sherman of British Co lumbia and Alberta unions, ordering the men back to work, but it 1. stated the men will refuse to act on these instruc- tlona. The situation throughout the west Is most critical and alrendy tha Canadian Pacific railroad haa confiscated a number of cars of coal along Its system to keep their locomotives running. iVVLI I tNHAIVI INUIUtNl KUbLIU ' British Government Prints Letters Concerned at Kingston. -. ' LONDON, April lf.-A white paper Issued' , - Admiral Davis and Governor Bwettenham concerning the embarrassing Kingston in cident and also the cabled comment of the t colonial secretary. Lord Elg.n, The lat- . ter notified the governor January 22 that I "If such a letter la correctly attributed to ' you 1 must observe that both In tone and expression It is highly improper and espe- daily unbecoming to his majesty's ser vice ln adjilresslre; an officer of a friendly power engaged on an errand of mercy. I must further require y-u to withdraw forthwith and unreservedly any such let ter and to express your regTet for having written It. Your withdrawal ahould ' be ll.r.nh in m iLt nvwwk wKm if will be transmitted to tha government of the colonial secretary asklna that th frlhi,v . . ' , M uiniminei to aoiuimi uavis: ai ine instance w me secretary or stats ror the colonies i oeairo to ruity so unre- . .... - -j reepectruuy eppjy ror penrus.U to , retire oa aorouat of ass forthwith and to be relieved." COLD WEATHERJN THE EAST Snow Fnlla Over Ohio Taller and Philadelphia Breaks Twenty Six-Year Record. CLEVELAND, O.. April 1 -Bnow fell last night and early today over nearly the entire state. The temperature registered from 22 to SO above lero. PHILADELPHIA, April 19.-8now fell early today throughout the greater part of eastern Pennsylvania. The local weather bureau reports this month as the coldest April In twenty-six years. ' NEW TORK. April 19 A cold - a. i 1, accompanied by a gentle but sf 5 VS of "no". ave anything but to .the .day a i of j aa- bega- . about 7 o'clock and continued - ' or aer eral hours, but In the f cV. 'te It dis appeared as fast aa X .he records of the westher bureat e ? e first eight een days in April ' V ' i the tempera ture this month has L - degrees lower than the normal teinpera.ure for New York, ths mean temperature for this month being 41.2 decrees, while the normal Is 45.7. The extreme variation In April weather tn New York Is shown by the fsct that In the memorable hot day of April IS. 1906, the thermometer recorded a maximum of 90 de grees. This is the highest temperature for an April day ever recorded in tha New York weather bureau. Flurries of snow In April, however, are not unusual, as shown by the fact that one Is recorded as late as May 6. 1891. DENVER, Colo., April 1.-The snow storm that has prevailed In the mountains for two days has spreal over Colorado, Wyoming and a portion of New Mexico, and the weather bureau predicts that it will continue for at least twenty-four hours. Bnow began falling in Denver early today with a temperature of 86 degrees and a strong wind. As the day advanced the tempeiatufe rose. Damage to fruit and early vegetables Is apprehended. OKLAHOMA CITY, Okl., April 18. Re ports from western Oklahoma say that snow is falling from Chlckasha, I. T., to Amarlllo, Tex., and north to tha northern line of Oklahoma. At Geary, Okl., the snow waa reported aa falling so fsst as to make It difficult to keep trains moving. A temperature of 38 degrees prevailed. TOPEKA, Kan., April 19. -A heavy snow- storm ia in progress tonight In the extreme i western section or Kansas. At lakln the ground ia covered with two Inchea of enow and the fall continues. Telegraph wires are working badly, the Santa Fe having only one wire west of Dodge City. Tem peratures are not low. In eastern Colo rado the storm Is especially severe. BRIDE HUNDRED YEARS OLD Couple Separated In Tooth by Pnrents to Be Married In Tennessee In Angnst. BT. LOUIS, April 19. Announcement waa made today that on August 26 next, John B. Bundren, who on April 1 was 101 years old, will be united In marriage to Miss Rose McGulre, who Is almost 100 years old. The wedding will take place on Mr. Bun dren's estate near Tatesvllle, Tenn. He has been visiting relatives tn Bt Louis for aevsral weeks and baa Just returned to Tennessee. The announcement reveals a romance. Bundren and Miss McGulre were sweet hearts tn Tennessee In their youth. Her parents, of English descent, would not give consent for their marriage and finally re turned to England, taking their daughter along. Bundren went to California and acquired considerable wealth. He never married. From California he returned to Tennessee and bought his birthplace near Tatesvllle. He decided to hold a reunion of old friends on his estate this year and sent out numerous invitations. Not long ago he received a letter from Miss Mc Gulre, who la still unmarried. Corres pondence followed and he renewed his offer of marriage and was accepted. The date of the wedding and the reunion ot friends has been set for August 6, on the bride's Dlrthday anniversary, when she will be 100 yeaxs old. Bundren has long white hair and a flow ing white beard. He doea not smoke or drink liquor and apparently is hale and hearty. In June he will go to Preston, Lancastershire, England, to escort his In tended bride to his Tennes? estate for the wedding. .Young Mr. John B. Bundren of Bt. Louis, a namesake, will be best man. JUROR ASKED HOW HE STANDS Man Who Questioned Member of Hay wood Pnnel Charged with Contempt. FOTSE. Ida., April 19. Charged with ap proaching a Juror In the trial of William D. Haywood, which la to begin here before Judge Fremont Wood on May 9, W. N. Yost must appear before Judge Wood on Tuesday next an.l answer to a charge of "'Pt of court. Complaint against YoM waa made by Juror J. I Waggoner, a farmer, who lives near Meridian. Hay wood ts the first of the trio of rjfflclals of th 7? tl, f ,t0 "lied to trial for .Ueged complicity In the asas!natlon of Former Governor Frank Eteunenberg. Juror Wsggoner alleged that while he waa on his farm April 4, (having been excused from court that day) Yost ssked him how he stood In the case of Haywood. Moyer and Pettlbone and wished to have Waggoner poll the upper part of j White Cross precinct in order to team the ' sentiment of the people there. Wagsroner ! says he refused to do as Yost wanted him I to do, although Yost, he ays. offered htm 230 for his services. Judge Wood has ; excused the Jury until the beginning of the Haywood trial. PEACE FOR CENTRAL AMERICA Nicaragua nnd Salvador Reneh Terms for Ending; the Wnr In Honduras. WA8inNGTOM, AprU 19.-A tentative agreement for peace, according to advices received today, has been arranged between Nicaragua and Salvador, which probably will end ths Central American war. Orders have been Issued for the withdrawal of all Nlcaraguan troops from Honduras and the peace negotiations are proceeding, with every prospect of successful fruition within a brief time. Minister Cores of Nicaragua had a con ference today with Assistant Secretary of State Bacon, at which he communicated cablegrams indicating that the conference between the ministers of foreign affairs now being held on Trlgrezzl Island has pro ceeded far enough to show that several clauses of the peace agreement have been ' Core said be might receive word tn a few hour, thm tha aaraam.nt h.a i J eluded. BURCH ON IDAHO AFFAIRS rpeoial Attorney for Government Dan. at Coma Etoriei fant from toiie, LAND AND MINEKS CAStS DISTINCT Action of Department of Jnstleo Will Have Ko Bearing: en Salts Against Moyer, Hay wood and Others. DENVER, April 12 Judge M. C. Burch, special assistant United d La tea attorney I ceriajn points In the conduct of their busl general, who returned trom Boise, Idaho, n,,,p ot shipments of petroleum and Its yesterday. In an interview with a rep- j P'oducts over the lines of these railways reeentative of the Associated Press today j fm Mason City through the states of denied that there Is any connection be- j Iow and Minnesota. The headqunrters of tween the land fraud Investigation in Idaho and the prosecution of the officials of ths Western Federation of Miners on the charge of complicity in the assassin- lion of former Governor Frank Bteaienberg of Idaho. "Sensational reports going the rounds of the western newspapers concerning the deputy surgeon general. Is relieved from Idaho conditions should be very largely duty in the Department of the Gulf and discounted." said Judge Burch. "The tim- j ordered to Omaha for duty as chief surgeon ber lands Investigations in that state are ; ot the Department of the Missouri, re not new. For nearly four years these In- ' Hevlng Lieutenant Colonel John M. Ranls vextlgatlons have been going on In north- tef. deputy surgeon general, who will re em Idaho and I was instrumental In send- ' Join his proper station. lng both a special attorney and a special examiner of the Department of Justice there at the start. It requires some time to pry off the lid which ordinarily covers such transactions, and such waa the case j there, but nearly a year ago some of the guilty parties were Indicted and convicted. : In southern Idaho the alleged frauds were 1 much more recent and the officers of the ' Departments of Justice and of the Interior ! nave neuner urged lorwara nor retaraeo. their operations by reason of the pending offenses alleged against the three officials of the miners' federation In that state, and j statements to auch effect are without foun dation. Why Rnlck Wu Called. "The visit of District Attorney Rulck to Washington la a mere ordinary occurrence. It being customary to call district attorneys thre ror report and consultation with de pat tment officials concerning affairs In their districts, especially when any litigation Is on calculated to call for unusual assistance or the outlay of more than ordinary funda. "The attorney general Is always In con- tml nf n v matter elvll nr rHmlnal rnnA m,M not think of nv.m,ltn. th. .Minn of a grand Jury by review of Its action between Indictment and the trial of the partlea indicted, nor to forestall a proper Inquiry Into tha probable guilt or Inno- cence of parties accused and not vet In- dieted. The courta are so entirely above nerea'i"". whenever land Is re-opened for eliminated counts were such as to preclude and beyond the reach of the Influence of aettlement after having been temporarily j proof being given regarding them. These the Department of Justice or any execu- 'withdrawn for proposed forest reserves or j were, however, Immaterial as the same tlve department of the government that It other purpoaes, no entries shall be per- general charges were Implied In the re ts extremely belittling to federal Judges rnltted until after the fact of the reetora- malnlng thirty-three counts, and the gor etthsr aa to their dignity or power to tntl. tlon of the land to the public domain has ernment asked a conviction only on thf ae mate, aa has been done, that there Is any been printed for sixty days In a newspaper j thirty-three counts, and a verdict of guilty necessity to go to Washington and ex- of widest circulation nearest the land In; was returned on each of them aa to each plain what they have or have not done In question. The secretary says It haa come ! defendant. The eliminated counts were tha obedience to call or request of any execu- tlve offlcera from the president down. Only have been restored to the public domain, In congress haa tha right to Inquire Into their terested parties have been "tipped" by conduct, and then only by reason of formal wiro from Washington on ths day the chargea preferred and by Impeachment proceedings. ' I know peiKonally that no ! ,uch caU ha be"n made upoa Judge Beatty. Aa tn Senator Borah. "It la equally unfair to draw any con clusion on the other hand against Senator Borah. It was commonly understood he to an alleged abuse of the law allowing was ln the Bteunenberg murder case as , the purchase from the government by auc special attorney for the prosecution before tlon sale of "Isolated tracts" of land ne waa eiecieu u.e .... u . nun. conceded he baa acted ln a general way In his capacity aa attorney for the Barber Lumber company, which company Is al- leged, ii tuiiiitiiiuii . ..i.e... iu nave ma list Viaif anu -ut In wmm ( . ! "7""' "" "7 . K ' " itnos or cuiictii iiib "v. It. L. . V.. 4a msr Irnnla4 T have aver rel.on to bH.eT. UwlU be' the policy Ul me ycin imriifc ui uBwie in Idaho to hew straight to the line end to keep Its administration there absolutely free from entanglement, either with the prosecution or defense of Moyer, Haywood and Pettibone, and lo avoid any possible Interference, ln any msnner, by political Influence on one side or a disposition to aid the accused men on the other, and if the subject Is even considered by the at torney general or other executive officials I am satisfied tt will be strictly along the line of how best to punish the offenders of the federal laws and recover lands wrongfully obtained from the government and not In any wise, while doing so, to en gage ln the trial of the alleged offenders against the state of Ids bo." gulls to Recover Land. BOISKX Idaho, April 19. The government today filed a suit In the United States circuit court against the Barber Lumber company to set aaide US patents. Involv ing 40.000 acres of timber land In Boise, county, worth over 21,000,000. Fraud In securing title to the lands le alleged. Rnlek at Washington. WASHINGTON. April 19. Norman N. Rulok, Unfed Btates attorney for the dis trict of Idaho, arrived In Washington today. He called at the Department of Justice, but did not see the attorney general AI- though no statement has been made at the depa-tment aa to Mr. Rulck'a mission in Washington, it Is the belief of the officials that he Is here to discuss with ths at torney general matters connected flth the Indictment of United States Senator Borah. ALLEGED CONSPIRACY FOUND Pennsylvania Anarchists Said lo Have Plotted Denth of President Roosevelt. NEWARK, N. J-. April 12. An alleged plot on the part of Pennsylvania anarch ists, who are said to have headquarters at Hazelton, to assassinate President Roose- velt la being lnveetlgated by the United Btatee secret service Information whlch'led to the Investlga- 'tlon waa given to the officer, by Chief of Police Adams a few days ago Just before hs shot and killed himself. The chief told the secret aervlce officials that he obtained hla information from Jan Bar- .l. who recently came here from Auden. rled. Pa., and who claims to be a mem- ber of the band of conspirators. Hs said they had gone back on him and It waa with a desire to be revenged upon them that. he exposed ths plot. He gave Chief Adams the names of several peraons who he aald were Implicated In the plot and further aald that Csolgoss, who assassi nated President McKlnley, had been a .nember of the band. Chief Flynn of the New York district of the United States secret service haa had several men at work on the case svsr since the Informa tion was given htm by Chief Adams. They have Interviewed Bartula and be told them praeticaily tba same story. ' L . T .,, v.. T . . t tracts." The order cancels all su pend- been engaged ln Illegally obtaining lumber ,ng application, and make, a further re land, near Boise But that doe. not pre - qulrement that all appIlcat)on, hereaftfr suppose, nor Is it in itself he slightest to nava ,uoh tractg old OIL COMPANY OBJECTS TO RATE Charges Ont of Mason City Alleged to Be Discriminatory tn Character. (Fmm a Staff Correspondent.) WASHINGTON. AprU 19.-Spec!al Tele gram.) The Interstats Commerce commis sion today received a petition from L. R. Wlllard and G. If. Ruth, doing business under the name of the Marshall Oil com pany, against the rates charged by the Chicago & Northwestern. Chicago, Milwau kee St. Taul and Chicago Great Western Railway companies. The complainants al lege unjust discrimination of rates between ths complainant company is at Marshall' town. I. The complaint of the Marshall Oil company will be served upon the sev eral railroads mentioned by the Interstate Commerce commission with the request to answer In writing within twenty days. Lieutenant Colonel William W. Gray, The Commercial National bank of Kear ney, has been authorized to begin busi ness with $100,Ono capital. T. B. Garrison, sr.. Is president; A. E. Waldron, rice presl- dent, and T. B. Garrison, Jr., cashier, Henry J. Schwartz has been appointed regular and Jacob A. Schwartz substitute carrier for route 5 at Marlon, 8. D. Postmasters appointed: Iowa Dolllver Emmett county, Charles M. Sullivan, vice . rsuuivsn, dead; Frole, Warren county, George II. Conrad, vice Oren Alexander, resigned. Wyoming Altamont, I'lnta county, Leslie R. McClelland, vice F. T. Graham, resigned. A postofflce has been established at Mof fltt. Deuel county. Neb., with Edith L. Mof fltt as postmaster. NEW RULE FOR LAND ENTRIES Secretary Gnrfleld and Commissioner Ualllairrr Tnke Steps to Give All Fnlr Chance. WASHINGTON, April !. An order was l"ued today by Secretary Garfield, and noihfT Commissioner Ba oger of the eneral land office, each intended to put a "lop to Pr"cU-es which are regarded as evasions of the general land laws. The order of Secretary Garfield provides that to hla notice that heretofore when lands order Is Issued and persons. have located on the more desirable portions of the re- stored lands, thus obtaining an advantage over others whose first information la not received until the formal Information reaches the local land office by mall. Commissioner Balllnger's order Is directed -in(S commission be eves this nrlvileire has been abused, particularly as one ap- , pi,rant now has pending thirty-three ap- nitrations to mireha different -i.,,. . tracts." The order rinrnlii .11 .,, 1 must be accompanied with an affidavit stating that the Intended purchaser wiRhes the land 1 h" "r- " ' NO VACATION FOR THAW Generally Believed that Slayer White W ill Spend Sammer In JnlL of NEW YORK. April 19.-No movement to attempt to aecure the release of Harry K. Thaw on ball has been made and none la likely for some time. Dan O'Reilly and Clifford W. Hartrldge, the two lawyera atill ln hla employ, say that no Immediate steps will be taken re garding bail. That Thaw and tha mamh... , V. 1. famllv are re.l-ned to h. o. ,h.. tk must spend another summer tn ths Tombs Is annarentlv Indicated hv th. - I from the city of nearly every member of j the family. . Mrs. William Thsw. the mother, and the Countess of Yarmouth are ! now ln Pittshura-. snd Mr. and Mr. pm. ward Thaw have sailed for Europe. Of all the family that gathered about the slayer of Stanford White during his fight for freedom recently, only his wife. Mrs. Evelyn Thaw, remains at the hotel Ix)ralne. 8h. visits the prisoner dally and declares she will continue so to do aa long as he Is ln Jail. ' SEVERE WINDSTORM AT SEA Great Waves Brenk Over Decks Lai Provence, bnt Ko Rain Fnlla. of NEW YORK. April 19.-From midnight Tuesday night until I o'clock Wednesday j morning the steamer La Provence, which sr.ivru in p.v lu...s.". p -eu uirougn a Charles C. Jsmeson were officers and man storm which the officers of the ship frs nf th Nebraaka Li nd and Feed'ng has rarely been exceeded ln violence on the ( company, a Wyoming corporation, operating Atlantic m Sheridan and Cherry counties, Nebraska At dinner time on Tuesday the barometer I Am n. Todd and Aqullla Trlplett were the began to fall lapidly. and as midnight ap- confidential agents of these men tn securing preached the ship reached an area where fraudulent entries within their unlawful the air was so heavily charged with else- enclosures of public lands In what Is known tricity that the compass became worse as the Ppade. Overton and C-Bar ranchea. Ikan 1 1 alasa flilirlartlv B tanvl'a swot W TI..-.I-..1 wr . . i ' ,", " . ,wept down on ,ne "hlp- reat wave 0JkT0VV' V""""'' rain i T V" A,l-r j """"" " K had coma- o one was injured, but the I passengers were badly frightened. Captain Alia of the liner believee the strange siuriu waa uw re.uu or me same lorcee which caused the earthqjake shocks tn Mexico. WHITTEMORE GOES TO IOWA rllevue College Professor Will Join State Yonngt Men's Christian Association. BIOUX CITT. Ia.. April It. (Special Tele gram.) Jamee A. Whtttemore, professor of public speaking and director of athletics st Bellsvue college, baa accepted the posi tion of state religious director for the Toung Mans Christian Lssoclalion of Iowa. ' LAND MEN GUILTY Eontiriffton, Todd and Ioti Con? icted oi Defrauding; the Government. VERDICT ON ALL 0F1H RTY-THREE COUNTS Jury Reaches Ieoici After Perenteei Banra of Un taut Deliberation. ALL THREE FILE MOTIONS FOR NEW TRIAL Eemlt of Trill (mprise te Defendants, Who Expected Disairerinent. COMPLETES LIST 0. INDICTED CATTLEMEN Evidence In Last Hearing; Cnlmlnates Big: Flaht hy Government Benin nine with Richards and C'omstock Cnse. "Gullfy ss charged tn the Indictment, ' is the verdict of the Jury In the case of the United States against Thomas M. Hunt ington, Fred Hoyt and Ami IS. Todd, who have been on trial for the last eleven days on the charge of conspiracy to defraud tha United States out of title, use and posses sion of about 350.000 acres of land In Sheri dan and Cherry counties, Nebraska, by means of false, fraudulent and flctltloue entries and for subornation of perjury. A motion for a new trial was made. The Jury went out at 5 o'clock Thursday evening and came In with its verdict at 10: Friday morning. 1 he trial of th j case before Judge T. C. Munger was almost Identical with that of the case against Bartlett Richards, Will O. C'omstock, Charles C. Jameson and Aqullla Trlplett, who were convicted in tha former trial, lasting thirty days, before Judge. W. H. Munger on Identically the eame In dictment, which began November 19, 1904 and ended In a conviction on December 19. v James K. Held Escapes. The present trial began April 8 and eon atltuted the second group of defendants, namely, Thomae M. Huntington, Fred Hoyt, Ami B. Todd and James K. Reid. It waa shown, however, at the outset of the trial there waa scarcely sufficient evidence to Impllcato James K. Reld In the matter and his name waa eliminated In tha present trial, Huntington, Todd and Hoyt being the only defendants. It was also agreed be tween counsel that the trial should be had only on thlrty-three of the thirty-eight counts of the Indictment, as the five i eleventh. twenty-third, twenty-eighth. thirty-sixth and thirty-eighth. When the Jury came In all the defendanta. with their attorneys were present, as were 1 Spaolal Assistant District Attorney General B R. Rush and District Attorney ooss. When the verdict bad been announced Mr. Gurley, of counsel for the defense, asked that the Jury be polled, and each said this waa their verdict. Ten Days for Action. Mr. Gurley at once gave notice that he would file a motion for a new trial for each of the defendants. Under the rules I nf k. r.r.1 th. il.fnt. .Ill K. I given ten days In which to file a motion I for a new trial and a bill of exceptions and i ,k .v...- i a under their old bond until this motion is disposed of, which la 25.000 In each Instance. The verdict of conviction was tn a meas ure a surprise to the defendants. They had expected a disagreement, or at lesst an acquittal for Fred Hoyt, whose partlcl- pation In the transactions as Implied by the Indictment were at the best but Inci dental. However, the Jury thought other wise, and though the matter of Hoyt'a participation was liberally discussed In the Jury room and there waa some disposition to give him the benefit of the doubt, the Jury finally reached the unanimous con clusion that tf one waa guilty all were guilty, and rendered the verdict accord ingly. There waa never for a moment a doubt In the mind of the Jury of the guilt of Huntington and Todd, as charged tn tha Indictment, ao at least la the admission of several of the jurors. The trial just closed la the culmination of the suit against Bartlett Richards. Will G. Comstock, Charles C. Jameson. Aoullla Trlplett. F. M. Walcott. Thomas M. Hunt ln8t'n VnA Hoyt' Aml B' Todd lu,d ,am, K- Reld. who wer8 Jointly charged In an n,lrtmen foun1 bX the federal grand Jury ln Jun ,906' of conspiracy to defraud, ,uhorn ,nd maintaining unlawful encloa- ur of th Public lands In violation of sec- tlon HW the nltd Btatee statutes. The '"dlctment embraced ever 600 pages and tha defendants were Jointly charged in counts on t0 thirty Inclusive with conspiracy to dA'rau,J the government of the title to pub- 1,0 'anda by procuring sixty-three entry-' men r"r epeculative purposes, and who had no Intention of residing on the land. They were also charged In count thlrty-rie with conspiracy to defraud the government of title to public lands by means of false and forred soldiers' declaratory statements and In counts thirty-two to thirty-eight inclu sive with consptrsey to suborn entrymea to make fraudulent entries of the pub lie ! lands. Reads of Rlar Corporation. Bart,tt Richards. Will G. Comstock and ,""m" "ea oyt and Jmes K. Reld were officers of the Maverick Loan and Trust company, operating at u"nvl"e- """aon ana ,iay Borings, and were cnargea wur. oemg active in pro- j curing fraudulent entrrntn to file within j the Nebraska Land and Feeding company, enclosures F. M. Walcott of Valentine was a lawer and acted as tns legal ad viser of IU hards and Comstock. The case was set for trial at the No vember, 1906, term of the federal court in Omahs. At the outset It wss agreed be tween counsel that the defendants' should be divided Into two groups for trial. In the first group were Bartlett Richards, W'll O. Comstock, Charles C. Jameson, Aqullla Trlplett and F. M. Walcott and the trial proceeded with these five defendants. The trial began November It and lasted for thlny days. The reault was Uits conviction of all the defendants, except F. M. Wal cott, who was found not guilty. Motion for Mew Trial. The usual mo Ho a for new trial wat