t
The
Omaha Daily Bee
brtfc Per
HEWS SECTION.
?zyz 1 to 8.
THE OMAHA DEC
Best & West
VOL. XXXVI NO. 209.
OMAHA, SATURDAY MORNING, APRIL 27, 1907 TWENTY PAGES.
SINGLE COPY THREE CENTS.
)
1
EVOLUTION OF RATES
K. E. Ialls of Ele Tour Addranei
7rt.rb Clnb ft Fittbur.
HISTORY OF RAltROAD TARIfFS REVIEWED
Etreit Era of Coa'.ro. Follow. Diiiotn
tloa of TrsfSi Vso!tloni.
WORD OF WARNING 13 NOT HEEDED
( pwkw Toll of Surest oni Vi& to Bi
read Lisas Eighteen Yean Aeo.
RAILROADS MUST ?UtMIT TO THE LAW
rhrlr Seenrltie. Should Wot I" t'" "
ronnlrra In Speculation and !
tralon Are Entitled to
l egitimate Dividends.
PITTSBURO, April 28. The personnel of
tha Interstate Commerce commission waa
Ciltlribed by W. A. Terry, general weighing
agent of tho Pittsburg A bake Erie rail
road, in an address at a dinner of the
Traffic club of Pittsburg. Mr. Terry thought
It queer that a body should assume to
regulate the relations of rallrond and ship
per and yet not have In Ita membership
a single representative of either Interest.
Jn any event the commission, should, ha
sic id. have associated with them In an ad
visory capacity men who could supply tha
necessary knowledge.
Another address was given by M. Ev In
galls, chairman of the board of directors
of the Big Four system.
Introducing bis remarks by referring to
tha development of the railway as a menni
of communication and the conditions whi. h
gave rise to the granger legislation which
resulted in the railroads being declared
publlo Institutions Mr. Ingalla said In part:
Until the pasago of the Interstate com
merce law In 14 it was tho custom among
all the railways to make secret contracts,
selling their transportation to wholesale
bidJ"ra at the best prices po-alhle, trying
thereby to build up the industries of th
country, and secure returns for their stock
- holders. It was not considered wrong, but
f a proper way of conducting business.
r. The speaker then referred to the era of
pooling and Its suppression, and continued:
Asreetnent to Maintain nates.
In 1H6 the situation h-td become so acute
that a iew of us thought something must
be done, or the end would be bankruptcy,
no we called a meeting of all of the line,
north ol the Ohio river and east of the
Mississippi to discuss the attuntioii and sec
what could bo dona.
1 quite well remember that the late Mr.
Oeorse B. Roberts, one of the great rail
way men of the world, then president of
tne Pennsylvania rallioad. at this meeting
making an address and saying something
like this:
'Gentlemen, as I look around this meet
ing at the laces of those assembled here,
1 would trust any of you wltii my pocket
book or take your word In any ordinary
transaction, but 1 would not for five min
utes trust anyone, not even myself, with
an agreement to maintain rates."
We made our agreement; we put our ma
chinery in effect, and In the following
months we had rates better maintained
than thev had been for years before.
We were, brought Into oourt, and before
we were aware of It. the supreme court
bill decided a case somewhat similar culled
'J "Transnilssourl Agreement" that It
-cVas In conlllct with the Sherman law, and
Illegal. We asked for a rehearing, but In
tr.e sc-rlna of lfc87 the decision was reaf
firmed, and It was practically decided by
the highest court In the land that there
waa no authority or power on the part of
the railways to make an agreement for
tho malnt ft nance of rates.
This fell on us like a bombshell. The
auesiton was: What to do? My own advice
at that time. In which I stood almost alone,
wss thnt we should meet the case squarely
mr to the government that the railways
could not be conducted without some rii:ht
to mnke an agreement and that this deei
h'oti had produced anarchy; that every as
oclstion should he dlssilved and each man
should mannrte his railway In the best
manner possible, and use all his lnlluence
with congress to secure Just and proper
lrelflatlon thrtt would enable us to conduct
cur buflmse according to law.
The answer to that wss that It was dan
gerous that different rstes wo'lld be nvtde
and panic ; would be produced and thure
would be more hankruntey and more re-
i celvershlrs. It Is a pit that we did not
J have them, and then be done with them
Wall Street Gets Coetrol.
In the meattme. owing to the tax itloa of
railway securities In the different ststea,
the securities of the railways had drifted
to Wall street and were controlled by
cliques, wbo used them, perhaps not for
Investment so much ns for counters In the
great game of speculation that they were
play'ng. In 1S39 some .lx or seven of these
men. In the hope of saving the railways
rrt the hiistnes of this country, con
ceived the Idea, which was dubbed "the
community of interests." that they would
buy the controlling Interest in practically
all the railways of the United States, and
therein rroduce a Joint ownership, and
throuah It a malntennnce of rates.
If this had been conducted with modera
tion and the profits fron It used to de
velon tho railway line. It might have
stood aomewhat longer, but after It had
been going a short time the chief men
ot Into a straggle among themselves for
m
the control of certain lines and the skele
tons In their closets were laid bare, so that
the ptibllo understood what was being done.
The decision of the courts was against
this combination, but Instead of accepting
the situation, as ought to have been done,
and asking for legislation to enable them
to go and msaage their prnpert'es legally,
they continued to temporise with various
lel and subterfuges to avoid the effect
of K.
The people, In the meantime, had been
busy trying to obtain greater authority
for the Interstate Commerce commission,
ad the rullways. aa a whole, had been
busy opposing this.
In 1S.s8 at a meeting In New Tork of the
principal lines the question came up of
giving the Interstate Commerce commission
more power, and then and there I endeav
ored to have the railways give up their
apposition and Join In what the people and
Kt a bill which, while It gave tne inter-
art' ty". Tom'e fftS
I rt calved no suoDort wl -lever. The rail
ways had not then learnt that the people
were suirorue and that iney had better
bow to the Inevitable.
Again, when In 15 It was determined
to make a further effort to oppose legisla
tion, I tried with what powers of persuasion
I had among rulway oiliclala In control, to
Induce them to gtve up their opposition
and Join In with the people and obtain I- g
lelatlon giving certain rowers to the Inter
state Commerce commission, and also giv
ing certain rights to the railways. The
railways persisted In- their old Unlit and
were beaten. Drastic legislation In favor
of the people was passed nothing in favor
of tha rallwaya.
!' a ad Rebates Cease.
Unfortunately. Just aa this legislation was
paasaed, the spirit of reform seised upn
certain railway owners and managAis and
they decide,! that the custom of giving
free transportation and passes to cvrtaln
olliclals and certain people had been wrong
and should be changed, and that no more
a ssrs should be Issueu. 17i result wus
hat many urubllo officials, many members
01 congress,. 01 ieKiiiure, icii ior me 1 the freshmen. Prof. M. Mugan of fit.
Cist time thai thoy had been accepting 1 iy.,. and F vf rv ..n,r.i ,
unwittingly bribe, in the past In the shape lv0ul and ?,' nral vaitlaing
of the customary pasa. and they were nt or he Missouri Paclflo system, two
angry. I of the three Judgea, rere seised by the
Th railway cfflclala mad. up their mind I frelhmen ,l6d to treea on tha campus
that relates must cum that the pub io i . , w , , .,, ,
had decided that they were Illegal and!"14 ,e,t hPlM morning. Attorney
criminal. What waa the rreuit? Many Harold Johnson of St. Louis, the thfrd
of tne shippers, who for yoara had been ! Judge, who rendered a decision In favor of
KufAM' T?"?-.''1.:"- freshmen, waa not molested. Prof.
forever, found (hey could not get them.
and they were angry not with tha law
put with the rallwaya
it ha. been a long fight it ha. been
tCuuUaued oq Fifth fMa
SUMMARY OF THE BEE
Satarday, April XT, 19HT.
1007
APRIL
TNU
v
4
20
d 27
1 s
THE WXATEXB.
FORECAST KuR NEHKASKA Fair and
colder Snturday. possibly mow in north
portion. Sundaj- fair and warmer.
FORECAST FOR IOW A Aiturday fair
and warmer, followed by rain at night.
Sunday rain and colder
lempetatures at Omaha yesterday:
Hour.
leg. Hour.- Deg.
5, 1 r. tt Ill
a a. m....
a. m....
7 a. m....
8 a. m....
9 a. m....
10 a. m....
11 a, in,...
U m
, (h A f. .....
. B3 1 p. m M
,114 Hp. m M
.87 4 p. m 65
,40 6 p. m M
, 4u 6 p. m f
,4s 7 p. m be
60 8 p. m 2
p. m ai
DOMESTIC.
Jamestown exposition opens with the
largest display of United States battle
ships ever made. Page 1
President Roosevelt delivers address at
apenlng of Jamestown exposition. Page 7
lJun s Review of Trade says weather
conditions continue to dominate the busi
ness situation. Faffa S
M. K. Ingalla of Big Four railroad ad
dresses Tralllo club of Pittsburg on re
lations of railroads and the people.
Page 1
Hermann case goes to the Jury after
sensational clash between attorneys.
Vage 1
5ZBKAJU.
John Hamlin takes stand In his own
behalf at Grand Island, saying ba had
ben subject to times of unconsciousness
since overcome by heat. Paffa
State Treasurer Brian buya large block
of Idaho bonds dlreot from slate and
saves a broker's fee of over $5,000. North
western asks permission to put In a rate
of less than 2 cents a mile and the same
Is granted by the railway commission.
Page a
Tho funeral of Mrs. Sheldon, mother
of the governor, at her old home In Ne
hawka a most Impressive afTalr. Page 1
Many settlers axe coming Into North
Platte to secure the land which Is open
for filing May 1. Page 3
X.OCAX.
Judge Kennedy decides that Andrew
Rosewater la the bona fide city engineer
of Omaha and hoida his office regardless
of the number of doors 4hat are knocked
in by the Insurgents. Page 1
Report of Comptroller Uobeck allows
that total receipts for the city are near
the million and a quarter mark. Page 4
Mall man is bitten by a dog that bites
about everybody else In bis path. Post
man will be sent to the Pasteur Institute.
Page 4
House renta In Omaha, continue to go
up by leaps and bounds, regardless of
the laws of supply and demand. Page 9
One hundred thousand acres of govern
ment land will be Immediately thrown
open for entry aa a result of the exten
sive prosecution of land men In Nebraska,
Page IS
Omaha society women are looking with
much Interest to the formal opening today
at the Country club. Page 13
Omaha High achool debaters defeat Lin
coln for eighth consecutive time. Page S
BPOBTB, PAQB SIGHT.
Dr. Gardner wins the Excelsior handicap
nt Jamaica.
Omaha
Pueblo
lies Moines...
Cri'Ightun ....
r.oston
New York....,
t 'hlcago
Chicago .
rhilniclphla
New York
Ivtrolt
Milwaukee ..
Toledo
Kansas City.
Louisville ...
Para a
.10 Penver 9
.17i4loux City 8
. S Lincoln
,. 6M'sourl 5
,. 4 Urooklyn J
,. 6r i.iladelphla 4
. run. Louis I
. J Cleveland 1
.. lK.iston 0
. 4 Washuirton 0
,. 8t. Louis 1
.. 6 Indiana polls ........ I
. . IMInnesoolla 1
.. Columbus
.. Sot. Paul 1
coantxxcxAX ajts zxtoubtbiax.
Live stock markets. Page IT
Grain markets. Page 17
Ftocks and bonds. Page 17
LABOR ROW IN SAN FRANCISCO
President of Bnlldla Cornell Charges
that Rivals Plotted to
Kidnap Him.
SAN FRANCISCO. April 2.-On com
plaint of P. H. McCarthy, president of the
Building Trades Council, warrants were
issued ioaay ior tne arrest or six mem
bers ot Electrical Workera union No. 8,
charging conspiracy. It la alleged that
the defendants, all of whom belong to an
organisation which haa been opposing Mc
Carthy In the building Industry In this
city, entered Into a plan to abduct Mc
Carthy to a lonely house In tha neighbor
hood of Ocean beach and there keep him
prisoner until a auccessor In the council
could ba elected.
The details of the alleged plot were laid
bare In a confession by H. Shockler, "who
In a sworn affidavit declares that he waa
asked to Join the conspiracy and carry out
the details. The men against whom Mo-
i Carthy procured warrants are Oeorga E.
Russell, secretary of the union; M. H.
! Carmody. Harry Sullivan. J. D. Young.
Gus Smith and Ous Burt
M. J. Sullivan, grand vice president of the
Eelectrlcal Workera, declares that tha
atory of the conspiracy ia absurd and that
It waa concocted for tha purpose of aiding
him In hla effort to down the union. Grand
President MoNulty ot the union la ex
pected here Sunday to take a band In the
aettlement of the controversy.
JUDGES ARE TIED TO TREES
thartlesT College Freahmea Maltreat
Mem who Decided Aaalaat
Tkelr Oratera.
UPPER ALTON, I1L. April M.-Havlng
decided In favor ot the sophomores In an
oratorical contest at Shurtleff college last
nUht, which decision was dlBdetsln in
: ubu ar. 17 eirua.iea. ior nours
I to free themselves after being tied to th.
treea, but to no avail. Before dawn they
w Lte released and permitted to ret arm to
81 Louis, chUled aud oiiajrlaed.
SUM MOM TUI WED
I 2 3
7 8 9 10
14 15 16 17
21 22 23 24
28 29 30 I
NO MANDAMUS FOR SHAW
Present City Eneiaeer Deols-red Leeal
Iooavbont by Judce Kennedy.
..1SURGENTS THREATEN TO APPEAL CASE
Election of Thomas Shaw Invalid,
Mace Original Appointee ns Rose
water's laereiior Declined
and Latter Qualified.
In an opinion handed down Friday aftor
noon Judge Kennedy decided Andrew Rose
water la entitled to hold the office of city
engineer as against Thomas Shaw, who
claimed election by the city council. In
brief. Judge Kennedy decides that upon
failure of Jesse Lowe to qualify It was
Mr. Rosewatcr's right to qualify anew
within ten days and. having exercised this
right, the council was without authority
to elect Mr. Shaw.
John P. Breen. one of the attorneys for
Bhaw, said after tha decision he wiuU
probably appeal the case to the supreme
court. Mr. Rosewater declared he was
much gratified that his position In ths
controversy wss vindicated. He said he
would Immediately proceed to reorganize
his force In accordance with the new law,
House Roll No. 167, which gives him gen
eral supervision over public works, except
street cleaning.
Text of Decision.
The opinion of Judge Kennedy la as fol
lows: This la an action of mandamus on the
relation of one Thomas eiuw to compel
one Andrew Rosewater to surrender to me
lelator the .jesession of the olllce of city
engineer of the cltv uf tVnittiia.
Home months previous to this proceeding
one Jesse l.owe lied been appointed to
tl.la oflice by the mayor and Ula aoj.oint
ment had been continued by the city coun
cil, but he had failed t. qualify fts tuch.
Immealately upon tie cxp. ration of the
period within which lir. Lowe waa by law
requited to qualify, and upun his failure
So to do. the respondent. Air. Kusrwaur,
who was the lncuinbont or tne omce, noiu
Ing over pending the appointment and
qualification of his successor, excuted and
llicd a bond with an cuili of otflce en
dorsed thereon, wnlch bond. was approved
by a Jjdge of the district court and by
tho mayor of the city In puisunnce of an
ordinance enacted by the city council. The
mayor made no further appointment to the
ofllce, but some time thereafter the city
council undertook to elect the relator, Mr.
Shaw, city engineer, and he took the re
quired oath and gave bond, approved by
a Judge of the district court and by the
city council, and thereupon demanded and
was refused possession of the omce.
It Is contended by the relator that upon
the failure of Mr. Lowe to qualify It be
came the duty of -the mayor to submit other
appointment for such office on every regu-
lar council meeting thereafter, until such
an appointment eliould be connimod, and
olty council to fill such office by election.
Sectlona 77, 78 and 7 of the charter.are re
lied on aa Justifying this contention.
The respondent contends that these sec
tions are inapplicable and relies upon sec
tion 17 of chapter xlil of the Complied
Statutes, section 9016 of Cobbey's Anno
,. k , , ,?iJ.. i i,o
Lh. K mf,
er by reason 5t t he
er ny reason oi tne
tated Btatutes. IIKjS,
"when It Is ascertained
of an office holds over by
neglect or refusul of the successor to qual
ify he shall qualify anew within ten days
from the time at which his successor
should have qualified."
Section 88 of the charter provides that "the
general laws of the state governing public
ofllces, so far as applicable, shall govern
and tlx the bonds tc be given by officers
reappointed, re-elected or holding over,"
and thle would soem to refer specifically
to section Hois before mentioned.
The supreme court of this state in Rich
ards against McMillan. 3i Neb., 833, &i,
construe this statute and say: ' We think
the right of the defendant In error on the
failure of hla successor-elect to qualify 'by
reason of his Ineligibility was to hold over,
or become his own successor upon giving
a new bond and taking ths oath of ottlce
precisely as If he had been elected to suc
ceed himself. In other words, the statute
contemplates that he should enter upon a
now and different term upon complying
with the statutory conditions and not other
wise." A similar view Is Indicated by the cnurt
In state, ex rel Roche against Cosgrovd,
; 31, Nel., S8. ISA. 32.
i There being nothing incompatible between
I the several charter provisions and the gen
i eral statute, they should be construed to
i gether, and so construed I am of opinion
that upon tne tenure or Mr. lowi to
qualify It was the right of Mr. Rosewater
to qualify anew within ten daya and that
raving exercised this rlcht the council was
without authority to elect Mr. Shaw.
I am also of opinion that the action of 1
the city council in paying the premium on
Mr. Rosewater's bond wss a sufficient ap
proval of the bond by that body. If such
aprroval wse necessary.
The other questions presented In tne In
structive and Interesting argument of this
case it Is unnecessary now to decide.
Peremptory writ denied.
ALLEGED "MAN EATER" DEAD
Alfred Parker, Army Seont, Who
Flsjmred In Sensational Murder
Trial, Dlea la Colorado.
DENVER, April SC.-The body of Alfred
Packer, known as the "Man FViter n,h.
death occurred last Wednesday In a cabin
in Deer Creek canyon, waa brought to
Littleton today for Interment. Packer,
who waa an army scout, started to guide
a party of five men from Salt Lake City
to New Moxlco in 1S73. They became lost
In the mountains where the snow waa
six feet deep, and Packer alone survived.
The bodies of the other five men were later
found. One body was dismembered.
Packer disappeared, but was captured in
1(83. He waa convicted of murderinr M.
c .-a . . .
panlona killed tha other, and on hi. re-
turn attemr to kll, him with a hatchet.
whereupon he shot the man. Packer ad-
rnltted that In order to keep from peri.h-
ing he ate some of the flesh of one of tho
dead men. He was released on parole In
1901. Packer waa 64 years old.
LIVE STOCK SUITS ON TRIAL
Three Western Railroads Charged
with Keeping- Animals la Cars
Overtime.
CHICAGO. April 3S.-E2even suit, against
the Milwaukee. Rock Island and Burlington
iKiaiutiuB were rwiimn fr t ,l. . .
State. Dhitrlct court. United Statea District
Attorney Sim. representing the a-ov
, - overn
ment, Tha suits charge that the shipping
iawa reiaiing 10 me confinement of live
stock in shipping cars were violated. Ac
cording to th. complaints the violation.
consisted In keeping animals shipped from !
other state, to th. Union stock vard. eon. 1
fined in cars for a longer period than Brr,,,ea negio named rucnara eime and
twenty-eight hours, the limit provided by ' ar8 noWln tAm on aus'pltion that he at
law. tacked Miss Violet Spencer and slashed
Otis of the violations is charged to the ! her ml,h ra,,,r on th '-r,t last night
Burlington, two to th. Rock Island and ' lt" de 'riPtlon tallies with the description
the remaining eight to the Milwaukee.
ROOT IS ON WAY To IOWA
Seeretarr Slate Will Visit
Clinton, Where Brother
I. 111.
WASHINGTON, April L-Secretary Root
left today for Clinton, Ia., where hi.
brother, ITof. Oraa Boot, 1. very Bl.
JUDGE COMPLAINS OF HENEY
Saa Fmnelsen Jarlst flays Lawyer la
Gnllty of Criminal
Libel.
SAN FRANCISCO, April 19. Superior
Judgo Hebhard of this city, who was de
nounced by Assistant District Attorney
Francis J. Homy last night In an address
to the students of Stanford university, ap
peared before Police Judge Weller today
and swore to a complaint asking for
Honey's arrest on the ground of criminal
Ubcl.
Heney Is quoted as saying that Hebbard
had been iepeatodly characterised aa unfit
and stigmatized as a disgrace to the legal
profession.
Shortly before noon today Jude Hebhard
visited the district attorney's office and de
manded n warrant for the arrest of Assist
ant LdBtrlct Attorney Heney upon the
charge of criminal Ubcl. It was refused.
District Attorney Lnngdon subsequently
gave the following account of Hebbnrd's
visit:
Judi?e Hebbnrd had been drinking when
he dime to my office and demanded the
warrant. I told him that under the statutes
ho was required to show -that Heney was
in some way resiionsible for the publica
tion of the report of his spech which
quoted him ns denouncing Judse Hebbard
as a henchman of Hucf," that the meic
delivery of the siw-ech niii;ht constitute tho
offense of slander, but t. constitute crimi
nal libel the ri sixinhtMNty. even remote,
of Hcnev for the publication mut I
shown. I told him that 1 would gladly
Issue the warrant if he could make such
a showing, for we would be jrlad to K'"t
to tne bottom with him on the merit of the
ali. Red statement,
This seein.fi to crreatly Infuriate Judge
llehbiird. 11 created a dlsgracln scene,
abusing the warrant clerk and mvaeif In
uglv language. Finally I ordered him out
of the olllee. I have given Instructions to
have JudJrc Hebbard airested If he re
appears at the district attorneys omce anc
tries to mako another scenn.
MINERS WILL RESUME WORK
Canadian Coal Mines to Ce Reopened
Pending; Invest lunt Ion of
Trouble.
OTTAWA, Ont, April 26. The minister of
labor In the House today staled that he
hed received telegrams from the mine
districts stating that the conference haa
failed to come to an agreement between
the parties, but, that the miners have de
cided to return to work pending Investiga
tion. The minister has also received the fol
lowing telegram from McKenzle King,
dated Femie, B. C, April 25:
LilfTerent Interpretations given of yester-
d.'tv'a nrmmfll tln nt rnnfrniv tnHav onn.
Uequentlv we foiled to agree. Executive
I b ord ia now ho;dln; ,.,oclir;.T whn Ferine
tnlnen and ihey have aec.led to return
to work pending Investigation. Will wire
result later.
F. H. Sherman, representing the men, has
wired as follows:
FHRN1E, April 26. Sessions of week have
resulted fruitlessly owing to mlsund"rstand-
In f industrial disputes act. District
executive having failed to 8,-reo with op-
eralora- have 'ld''d to d8e
, , ti,i. h, h
accepted by the Fernle men. Have ressong
to believe that operation of m.nes will be
resumed In this district as soon as possible.
Will refer the disputes to Investigation be
ll) vlng your government wishes to see Jus
tice d ine all parties.
I no minister nas receivea a telegram
from Sir William Mulloch stating Ita will
leave tonight for Fernle.
BIG MINING IT SETTLED
Case Aarmlnst Lawsoa aa Others Gore
Oat of Court DorlnsT
Trial.
BOSTON, April 26. The 13.000.000 suit la
equity brought by Payne, Weber & Co.
against Albert C. Burrage, Thomae W.
Lawson and others to recover on a contract
Involving 70,000 shares of stock In the
Copper Range Consolidated Mining com
pany, was settled out of court before re
sumption of the case today.
George L. May berry of counsel for tha
I aefen,e ,ttld: "Tha parties have adjusted
their difficulties and pending the final
agreements the rsju, .trM. m r.
probably will not be taken up again." j "b of New York City are to conduct, will
Charles A. Snow, one of the attorneys j undertaken tomorrow at St Louis. Tho
for the complainants, said: "The settle- i objective point will be Washington, and
ment is very satisfactory, , While no ! tne tr'D !" to De taken In order to demon
money haa actually passed, the agreements ' Btrate tlle efficiency of balloons as signal
have all been completed. At Mr. Bur- as"eiK'le In warfare. The aeronauts expect
rage a request, counsel on both sides have I 10 make no dpeiit8, but to land in this
agreed not to give out the terms of set- I v,clnJty Monday Next. The balloon In
tlement " which the Journey will be attempted has a
William A. Paine made the following ' ot "Mt 8. cubic feet, which Is
statement: "The ... .. .em- t, a n lhe atandard ! of balloons of the aero
t),,. i ,k.. ..,. .1.-
suuniaui iuiij KltW 111-
Mountain debt."
The amount of this debt waa $540,000.
I DIVISIONS
ARE ABOLISHED
State of Mlasoarl Is Retnraed to
Department of Mlsaoarl
by Order.
WASHINGTON. April 2.-The long ex
pected order abolishing the great mtlltnry
divisions in the United States was Issued
at the War department today by direction
pn-siaent. The dlvtslona will be
rilianllnnl .1 . . . .
-i i" ""a or tne present fiscal
L"t J?,,P I m'",ary PUr"
..Une.
will be Included in the rCtlt The
Mtai0url ,MteHd of th. rtm.nt ot
Texas. r 1 01
The change will Involve a considerable re
arrangement of military commands,
whereby a number of departments now
' -"- v wu "l
commanded by brigadier generals will be
commanded by major generals. Major Gen-
eral John F. Weston, now In command of
ine Department or iuion, will be the only
division commander In the United States
army, .ucceedlng Major General Leonard
Wood in command oX the Philippine dlvi-
1 ,
!
ILLINOIS NEGRO ARRESTED
- 1
j Follee Take Maa Alleged to Have
Slashed Woman with
Raaor,
ALTON. HL, April 26. The police today
sv vi uer muiiuu
Sims asserts that he is innocent. The
police state they have another negro under
surveillance and expect to an est him later
In the day.
Mlsa Spencer will recover from her in
juries, bhe wore a heavy cloak, which pre
vented the raaor from making a fatal
wound. '
Intense excitement prevails In Alton and
a posse of cltlsen. la still making aearc
tor the assailant.
HERMANN CASE GOESTOJURI
ArcumeiU Cloao Twelfth Week of Former
Offioial'i Trial.
LIE 13 PASSED BETWEEN LAWYERS
Jndae Stafford Threatens to Panlsh
Them for Contempt la Caee
of Farther Colloquy,
WASHINGTON, April 26 Having failed
to reach a verdict after more than six
Hours' deliberation today, the Jury In the
oose of Dinner Hermann, on trial for de
stroying public documents while commis
sioner of the general land office, was locked
up at 10 o'clock for the night. Hie defend
ant remained in his'attorney'a office during
moat of the evening. If any agreement is
reached by the Jury during the night their
rejHirt will not be received until court con
venes tomorrow.
The question whether Ringer Hermann,
former member of congress and former
commissioner of the general land office., '.s
guilty or not of destroying public records
was placed In the hands of the Jury this
afternoon ut the conclusion of the twelfth
week of his trial.
The argument In the case culminated
In the lie being passed between opposing
counsel Just at the close of United States
District Attorney Baker's summing up
for the government. Justice Stailord ad
ministered a severe reprimand, saying ha
should treat any further colloquy between
counsel as contempt of court and would
act accordingly. When Mr. Baker con
cluded tho court allowed the Jury to go to
luncheon, cautioning them against talking
of the cose among themselves, particu
larly because of the "brain storm" which
had been rasing. He told the Jury that
"a calm statement" of the case would be
submitted to them by tha cqurt On their
return.
Clnsh Between Lawyers,
Tho Incident which aroused the Ire of
Attorney Worthinglon for the defense was
the reference made by Mr. Buker to tho
testimony of Mrs. Hermann, wife of tho
defendant. Mr. Baker asked tho Jury If
they had noticed Mr. Wortliini;ton's face
When Mrs, Hermann was askod if she had
discussed with anyone tho testimony she
waa to give on the stand.
"Do you mean to Insinuate that I In
any way signalled to tiie witness during
her testimony? If you do. It la absolutely
a lie," Interjected Mr. Worthlngton with
much heat.
"Oh no," responded Mr. Baker, "I sim
ply mean that your face turned red that
you blushed."
"That la false," shouted Mr. Worthlng
ton. Mr. Baker concluded with a scathing de
nunciation of the defendant, saying that
after six years of dishonesty as commis
sioner of the general land office, he had
destroyed his tblrty-flve letter press books
to conceal the traces of his dishonesty.
During the argument and charge to the
Jury Mrs. Hermann and several women
relatives sat beside the defendant. Mrs.
the Bevereat pa,sajes of the prosecuting
( g,tiorrl.y fc
The defendant sat unmoved during the
ordeal, but . plainly showing the strain
he was enduring.
Upon receiving the charge the Jury at
once retired. Justice Stafford, after wait
ing for an hour or more and receiving no
sign of a conclusion being reached, went
home, with Instructions to be notified
should an agreement be reached.
READY FOR BALLOON TEST
Aeronauts "Will Attempt to Make Trln
from St. Loots to Wash
ington. WASHINGTON, April 2fJ.-The first long
distance bnloon ascension test, which Cap
tain Charles De F. Chandler, United States
signal corps, and Mr. McCoy of the Aero
i clubs of tha world.
The record for the longest distance In
America was made In isr9 by Prof, Wise,
who started from St. Louts and landod near
the eastern end of Lake Ontario.
ST. LOUIS, April 3fi.-Captaln Chandler
and Mr. McCVy arrived In St. Louis to
night, accompanied by Allan R. Hawley
and Leo Stevens. Weather condition, be
ing: favorable, two ascensions will be made
tomorrow. Captain Chandler and Mr. Mc
Coy, In the America, will attempt to break
the lnng-dlitance balloon record, while
Hawley and Stevens will make an ascen
sion In the Orient to Investigate the air
current about St. Louis. The Inflation of
the two balloons was begun tonight.
MISS MAE WOOD IN THE CITY
Enronte to Western Part of the State
to Look After Ranch
Property.
Miss Mae Catherine Wood, or. perhaps.
Mrs. Thomas Collier Piatt, a. she prefers
tn nBn . .- , ...
unei oi in? district court
clerk', office would Indicate that fact.
'" ho saw her yesterday elicited
the information that she was on her way
I lo ,onK arler Eoni Interests In a ranch In
I tn 'stern pert of the state, having come
from h'r nome Michigan, where she has
I hn for some time. In personal appear-
! nce she gave no sign of beln? worried
I . , . . . . . .
euner Dy tne penooic newspaper notoriety
hn' Wn enJln or the multiplicity
or ,aw "ulu whlcn h b"n firing at
her "persecutors."
GIFT FROM ROCKEFELLER
Oil King Adds Tea City Blocks to
Holdings of Inlverslty of
Chicago.
CHICAGO. April, 36. John D. Rockefeller,
it was announced today, haa presented to
mo w. . vr. bm ji ... i imago a tract or land
I comprising about ten city bloeke and val-
! ued at lw.i.O.0. The tract extends from
Cottage Grove avenue to Madison avenue, I
in this city. With this latest addition to j
the holdings of the university, it becomes
possible to carry out the building planl
of the late president, W.
' Harper.
ths Mr. Itoka-
Within the last sixteen mont
roller nas given KI.OUU0 to the unlveraiiv
h ! and the total of his gifts since the found-
Ut U tha iMUtuti.. amount. W ,3.116,
ERROR MAY MEAN FORTUNE
Holders of Second Mnrtaaae Rnnsi of
I ten Railroad Find Flaw la
Foreelosnre,
NEW TORK. April M.An error of a law
clerk many years apo may mean a fortune
to Russell tige Raphael and his mother
and sisters. .Many years ago Nathan
Raphael, a close friend of Russell Sage,
purchased $6n,000 worth of second mort
gage bonds of the Wasatch & Jordan
Valley Railroad company, which owned a
line In Utah. The Interest on the bonds
of the road wna defaulted and the first
mortgage was foreclosed, cuttitis out the
holders of tho second mortgage securities.
Nathan Raphael spent a large part of his
fortune trying to recover from tho railway,
but waa unsuccessful. Worry caused his
death.
A short time ago Russell Sage Raphael,
a sou of Nathan Raphael, began suit in
tne federal court on the bonds and secured
a Judgment of 110,673, Including interest.
This Judgment hns been returned by tho
sheriff as unsatisfied and wan today tiled
in court.
While working up this enso Mr. Raphael's
lawyers discovered that when the first
mortgage was foreclosed the holders of tho
second mortgage, probably by a clerk s
error, were not made parties to the suit
This. It la claimed. Invalidates the fore
closure pritcceulr.gs.
Tho old railroad property, which now be
longs to the Denver & Rio Grande a. id the
Rio Grande Western, la said to be worth
fc.0,wu,un0.
MRS. SHELDON LAID TO REST
Kelahbor, Toitrllirr with Many from
Other Towns, Make a Monster
t'ortrare.
NHHAWICA, Neb., April K.-fSpoclal Tel
egram. J The funeral of Mra. Julia A. Shel
don, wife of the Kite Lawson Sheldon and
mother of Governor Sheldon, was held here
tins afternoon, the lntormoiu being In
MouisJ l'ieaeant cemetery. Rev. O, W.
MItclioll of Chadron, Neli., preached the
funeral Bernion.
The Missouri Paolflo railroad attached a
special car to the regular train f-r the ac
commodation of Lincoln friends who wished
to attend the burial services. Most of the
stale officials and their deputies, and load
Inn cltlicns of Lincoln to tho number of
eighty were In attendance. A great many
friends were present from Plattsmouth,
Weeping Wnter, Avoca and neighboring
towns. The funeral procession was the
longest ever seen hoie, lxlng over a mile
loi'c, thus testifying the esteem In which
M-s. Sheldon waa held as a neigrhor and
friend. The sons and aons-ln-lnw were
tho active pallbearers In bearing their
mother to her last rcRtlng place. So many
flowers were sent by friends that a wagon
was required to haul them to the cemotery.
A fine momiment to Lawson. Sheldon hrvd
been set up Just an hour before Mrs. Shel
don's funeral.
CAITOL ALMOST DESERTED
President and All Members of His
OfUelnl Family Are Away
from Washington.
WASHINGTON, April M.-For the first
time In many years the president and his
entire official family are absent from the
national capital. A number of cabinet
members accompanied the president to Kear Admlra, p. K. Harrlngton. ,n charg,
. wmi T" B ''' f""6 of l" " Prram. and Major General
Ere Tt T t0MPltt"bur?i 8ecr- Fred D. Grant, who arranged tha military
Ta7t M Lin 1 p V- ,': Bfi"e,ar5; attractions. After an exchange of greet-
Taft to Cincinnati; Postmaster General', . . . ,
v, . ' . T, , , ' , Inga. during which the bands played pa-
Meyer to New Tork and Boston, and At- ... ... . , , ,
. ' ... trlotlc selections, the party proceeded In
torney General Bonaparte to Baltimore. . ... .. . .. ..
, . , ... I carriages to the grand stand. The cheer-
The only other occasions upon which there I , , ... ...
w , , ., .... , t Ing crowd pressed the outriders and aurged
have been similar withdrawals from Wash- I , , . , . . ,
. . . ... . . . I after the line of carriages, which took
lngton of the president and all the heads I tv . ' .
of the executive department was In con- lh' St d'r1 rou e round tne ,mf
ncctlon with the funeral of Secretary i f ud,tor,"m building to the scene of tha
Gresham. when President Cleveland and 1 lnauura The CU a a triumphal
all of the colleagues of the deceased cabl- I fne f"r th Pre"MM,t. but "
net officer went to Indiana and at the time 0t" th wf,me ive" hlm " "
of the death of President McKlnley at
Buffalo.
WESTERN MATTERS AT CAPITAL
Permission Granted to Erect Drift
Fences In North Platte Forest
Reserve.
(From a Staff Correspondent.)
WASHINGTON. April 26 (Special Tel
egram.) E. E. Lowe of Hyannls, Neb.,
has been granted a permit to construct
two drift fences In the North Platte na
tional forest.
W. A. Plxley of Omaha, auditor of the
Nebraska Telephone company, and wife,
who have been enjoying a couple of weeks'
visit in the east, are In Washington today
enroute home.
Postmasters appointed: Iowa Rowan,
Wright county, Robert R. Duffy, vice J.
S. Famam, resigned; Ventura, Cerro Gordo j
county, Charles F. Mcintosh, vice O. Pitt
man, resigned.
FORMER OMAHAJIAN HONORED
Appointed Assistant Professor of The
oretical Engineering; at Wor
cester Polytechnic,
WORCESTER, Mass., April 26.-(9peclal
Telegram.) A former Omaha electrical en
gineer, George R. Olshauaen, Ph. D.. haa
Just been appointed assistant professor of
theoretical engineering at Worcester Poly
technical Institute. Prof. Olshauaen waa !
' cr,rinMPfeif w-ilh Uu..r. T I . v. . . f, . !
. -" nas
. I . -
aUo ,been pro,('!)r, o( Washington unl-
! ver"'ty' Amtu' Institute and Cornell unl-
j
!
! J?U ,?Z.'ld?nt'
! WASHINGTON. April 26.-TO President
Roosevelt haa been given the credit fori
materially assisting In bringing about
nmttir r..f V.Oxn iVIf'ia M IT II A a ft H Jsl u I ua
"'win. , . " '
B how" y ' ''l;rm
"""" "" " v' .m...iu
. received today; "Peace signed day before
yesterday, Amapala. I thank your ex
cellency for your great work toward
achieving that happy result"
Monument - for Bill e.
T.ns ANGELES. April 26. Sentiment
among the humorists of th. country favor-
among ti e nun.oi.i ui i.e luuni.f
able to building a monument to the late
Eilirar Wilson Nye (Bill Nye) has taken
definite form, according to a letter to the
' V" "TVl.i'Iv'brLer-Krt!
: treasurer, Frank Thompson Hearlght of
i till city, plans also are announced for
; L1.'" fl,'.h. .a??u?LcT!!i01n tliLll't VJV?i
to 25 next.
'
Fraaele Mnrphy Deales Report.
Ij8 ANGELE8. April 26. Francis Mur
..nVwhat toV'?
' .nd that he Is shortly to retire from active
work In the lecture held, as re Dor ted. He
1 h" been un'',r'1' ,rom a cataract In one
j LLta to " "
EXPOSITION IS OPEN
Jamestown Ehow Formally Feeisi Vheo
Fmiaent Tonobei In Hon.
DAY BEGINS W.TH NAVAL REVIEW
Wirihipi from Many Natiaai Iaspectes
frm Ffols of Mtj flower.
OVATION FOR THL CHIEF EXECUTIVl
Irixi from Took to ip-alere' Stifld I
'ir.umpbal liooession.
EXPOSITION IS UK I ROM COMPLETE
scleral Bnlldlnas I nflnlshed anil
Many Kxhtblte Are lot laatalled
Weather uud Kretftht Block
ade Delays Work.
NORFOLK, Va., April K. The James
town Tercentennial exposition, a land and
water uUplay such as never waa at
tempted .n this country or on foreign
shores, was opened today with that pomp
and ceremony which always attends an
event where the president of the United
States Is a central figure, and diplomat!!
representatives of foreign nations,- gov
ernors of stales and llko dignitaries are
honored guests and participants.
The day of the luuugural ceremonies
opened cloudy, but by 8 o'clock the sun
shone forth and a strong breese from tha
southeast soon drove the cloud banks be
yond the hotlon, leaving a clear aky. Tha
breeze sweeping across Hampton Roads
also tempered the bout, which had a tlnga
of midsummer In It by tho time the presl-
dent landed on the exposition grounds.
The until, lulled streets were deep In dust,
which inudo the grass-covered parade from
which tho lnuugural function waa viewed
by the populace a welcome refuge.
Incident to the opening President Roose
velt reviewed from the deck of the May
flower the war vessels anchored In Hamp
ton Roads. He readied Discovery Land
ing, having been transferred In a naval
launcl: shortly before noon and amid ap
plause from the thousands gathered to
voice the4r welcome, and was received by
the exposition management. Then fol
lowed the program for opening to tha
public the enterprise commemorating tha
3"eth anniversary of the first English set
tlement In America, which program In
cluded an address by Harry St., Qeorgo
Tucker, president of the exposition, and
one by President Roosevelt, singing by tha
exposition chorus of 700 trained voices, tha
pressing of the gold button by President
Roosevelt, which marked the formal open
ing, and a review by the president of tha
assembled military forces.
At sunrise the ceremonies were begun
by the United States artillery firing a
salute of X guns to usher In the day.
This was a signal for the trend of hu
manity to railroad trains, street cars and
boat lines, which from that moment poured
people Into the grounds.
President Reaches Ground.
A distinguished gathering received tha
president and his party at Discovery Land-
ling. It Included President-Tucker and all
fh , .v..
. T. a ." ,u
iifiiit in, ig mo irn ins acKnowicngo
ments of the great public acclaim, spurred
the crowd to renewed efforts. The gather
ing In front of the grand stand had started
as soon as the choice vantage pnlnta had
become occupied at the wnter front, and
when the ceremonies opened tha audience
extended over the parade ground far
beyond the reach of the speakers' voices.
The formal program opened with, an
overture by the bands, "Jamestown Dixie,"
which was composed especially for the oc
casion, followed by a selection by the ex
position chorus and prayer by the Right
Rev. Alfred Maglll Randolph, bUhop of
the diocese of southern Virginia.
After the chorus had sung the official
opening hymn an appropriate work by
Wllberforce G. Owst President Tucker
faced the multitude. A spontaneous out
burst of cheering greeted him as a testi
monial of approval by the people to tha
glgantla work that had been done in. cele-
bration of one of the most important events
in the history of th. nation, aa well as of
Virginia. Mr. Tucker's address was of a
historical and chronological character, and
at Its conclusion he Introduced President
Roosevelt.
Cheers Delay Speech.
Whon the president of the exposition con
cluded it was soma minute, before Presi
dent Roosevelt could proceed with his ad
dress. The people again and again gave
vent to their enthusiasm. As ho pressed
the gold button which formally opened th.
exposition It waa the signal for the un
furling ot a thousand or mere flags on
the various buildings. At the same time a
signal was glvei to , he Unltsd States and
Fort Monroe, and all fired a salut
! F Ul A) 1 IMi I W, mils ell (a rliUUI J
uncm. wl)en the ftcll0 o( UJt
gun dte1 away an (jf the ,,an(la on the
exposition grounds played "The Star Span-
gU d Raniwr" and the troops ssluted the
national anthem by presenting arm. anj
a peri(unil p,.t-tnt bred head.
After th lmplt.Mlve ceremony the presl-
! A f Ul- L nited 6tAl h, l.hi'
'member, of the diplomatic corn, conuiilt-
tee. frpni both branches of eor.gr. .,.
gov-
, , of ,tHt. ajld ulrit lHl KUcts of
tha
exposition were served luncheon In the
auditorium annex. During the luncheon
the parade grounds were cleared and the
great crowd aoucht places around the
walk, to wltnen the military pageant On
the reviewing Und beiiMes the president
were member of hla cabinet and other
i
ofllclal visitors, as well us several hun-
dred especially invuiu guvt.
while the nuliUry feature was not Lma
I It was of a splendid character. It wa.
( cominaildea oy u:,ur unierai i-red D.
Giant, aa grand marsnal. who wus atttndi-d
by him tulire str. In ua.l.ti.,n he had
'about a score of honorary aides, chusui
j largely from union and ciifedeiate societies
and historical oasocuuluns. In the purajo,
- j tns older named, liiere Wert detach-
j a'r 7 fre""'
warships, the fwenty-thlid regiment of
United Stales infantry, a battalion of
United States coast artillery, six battalion,
of tha naval brigade fruiu tu. Laitbd