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