1L
The Omaha Daily
VOI XXXVI NO. 271.
OMAHA, TUESDAY MOKXIXG, APRIL 30, 1907 TWELVE FAGES.
SINGLE COPY THREE CENTS.
Bee
(
CRISIS IS THE DOHA
Criticism af the Armr Fro-ckea Ultimatum
from tha Cabinat
SOCIALIST DENOUNCES IT AS WORTHLESS
Ha Etji it it Alwayi Beatn it Fereien
br Wars.
MINISURS AT ONCE LEAVE THE HALL
Threat to Caaaa All Ealationi Unless Stata
mast ia Betractei.
RADICALS STAND BY THE SOCIALISTS
ftffeadla Mfmkfr la Baapended by
the President Btelypla He
Hopn to Avoid Dlseolv
lag Dam.
BT. PETERSBURG, April 29 A savage
attack made today on the army and the
government by the social I at member, M.
ZuraboS during the first executive session
of the lower house mf Parliament caused
rupture between the ministers and the
Duma which for a time threatened to pre
' clpltate the dissolution of the house.
After M. Zuraboffa harangue. In which
he declared that under an autocratic
regime the army was worthless, except
gainst the people and that It waa beaten
whenever It engaged In a foreign war, the
ministers withdrew from the house and
nerved an ultimatum on President Golnvln
that unless the offensive expressions were
retracted by M. ZurabofT and the rule pro
viding for temporary suspension was ap
plied against him they would sever all
future relations with the Duma.
M. Qolovln v a unable to hat- the de
mand compiled with aa the radicals sup
ported their colleague solidly and the Poles
refused to vote. The suspension and
formal rebuke of M. ZurabofT, however,
waa pronounced by the president of the
chamber, but this failed to satisfy the
ministers, who subsequently ordered the
government experts to withdraw from the
evening session of the budget commission.
Immediately after adjournment Premier
Btolypln summoned an extraordinary ses
sion of the cabinet, which, apparently,
brought matters to an Issue between the
premier and tho reactionary members of
his ministry.
Premier Hopes for Settlement.
What transpired la not known, but at
midnight Premier Btolypln summoned M.
Qolovln and Informed him that the In
cident had caused serious friction in the
cabinet. Ha hoped, however, a way would
be found tomorrow to arrange matters
without fatal conscquencea to the Duma.
'The early discussion of the army bill
In tha Duma today waa stormy, but the
culmination tame at 8:30 p. m.. when M.
Zuraboff made his speech. President Qolo
vln, when he had restored thing to a
semblance of order, attempted to explan
away Zuraboff's words aa a criticism of
, tha old array under the old regime, both
. of whlch-had passed away. ' Ha tnen sua-
pended the session for ten minutes In or
Q 'dar to allow the paaaioes of the members
' to cool.
Tha recess waa protracted for almost two
hours while a aeriea of weighty confer
ences were being held and reports were
tolephoned to Btolypln and the emperor.
Finally Lieutenant General Rudlger, min
ister of war. announced the ministerial
ultimatum, adding that the emperor would
never stand such Insults to bin faithful
army.
. ZaraboaT Is Baapended'.
When tha house reaszembled M. Qolo
vln announced that owing to tha tumult
he had not clearly understood the purport
Of M. Zuraboff's remarks, and, after having
read tha stenographer's reports,, he found
the reflections upon the army unparlia
mentary and Inadmissible In debate.
3 nererore ne aepnvea Jiuraoon or ngnt to
the floor.
M. TseltelU tha social democrat from
Kutala, Immediately claimed recognition.
He declared Zuraboff had spoken on behalf
of the entire socialist democratic faction
and he shared his sentiments. The wild
tumult again broke loose and tha members
of tha right refused to permit him to con
tinue. Prealdent Qolovln shouted that unless
Ihe uproar ceased ba would resign, but
order waa not restored until the social
democrats, with tha social revolutionists
and other members of ths opposition, with
M. Tielell at their head, filed out of tha
ball.
M. Qolovln requested the house to ax
press approval of his course, and -this was
voted by the minority democrats remain
ing.
At a conference of several democrats to
night tha advisability of M. Zuraboff im
mediately quitting St. Petersburg, owing
to the certainty of his being challenged to
duels and tha danger of his being sum
marily daaJth with in case he declined to
fight, waa considered.
RANSOM .MUST BE REPAID
Britain Bars Turkey 31 a at Refnnd
iasy Paid Bandits for
Prisoner.
CONSTANTINOPLE, April I9.-8eventy.
five thouaand dollars was tha ransom paid
for the release of Robert Abbott, tks son
cf a prominent British subject residing
at Salvimkl, who waa kidnaped from his
father's garden March M snd sventually
liberated, -when the demands of his ab
ductors had been conceded. The brigands
originally demanded 1100.000.
The British government will Insist that
ths ransom ba repaid by ths Turkish gov
ernment. I'mbrlnu Art Exhibit.
PERUGIA. Italy. April 29Klng Victor
Emmanuel, who waa accompanied by For-
' elgn Minuter Tittonl and Education Mrn-
later Kva, today Inaugurated In the mu
nicipal palace here an exposition of ancient
L'mbriaa art. arranged chronologically rd
onmprtslng L0UO pictures and thouaands of
other objects. Including sculpture, minia
tures, jewelry, arms, porcelains, pottery,
etc Among the moat Interesting exhibits
Were the pontifical robes which beloneeri
Pops Benedict XI 13i-Mi. wblch were
found burled with him In tha historic
church of aWn Domlnclo here.
Autre-Haaiarlaa Delegates.
VIENNA, April .-PTtvy Councillor
Mirsy Van Kipoamere, General Machlo and
Prof, llelnnch Lammascb. have been ap
pointed 4incipal Auatro-Hungarian dele
gates to The Hague peace conference. Tho
naval delegates of A uatro-Hungarian will
ba Rear Admiral liaus and tha military
dele Major General IUivd Von Gleslin-
SUMMARY OF THE DEE
Tuesday, April AO, 10OT,
1907
aus -cm
April
rut
WIO TUB N' '
2 3 6
7 8 9 10 VV Z 13
14 15 16 17V 19 20
21 22 23 24 25 26 27
28 29 30 ' $
THE WIlTHtE.
FORECAST FOR N KB It ASK A Fair and ,
warmer Tuesday. Wednesday fair.
('OKKCAST FOR IOWA Fair Tuesday,
preceded hy snow In eastern portions
Wednesday fair and warmer.
temperature at Oiraha yesterday
Hour.
Dig.
Hour. Deg
1 p. m 36
6 a. m
6 a. m
7 a. in
a. m
9 a. m
10 a. m
3.'
32
3:'
S3
XI
I p. m
3 p. m S3 ;
4 p. m 3i
i p. in if,
p. m 17
7 p. m 17
8 p. m 26
p. m 86 I
3.1
34
n a. m..
12 m 35
DOMESTIC.
Sentence of packers, convicted at Kan
sas City, Is sustained by court of appeals
at ft. Paul. Pars 1
Secretary Taft makes three speeches in
Cincinnati and confers with friends re
garding the political situation In Ohio.
rags 1
HEBBJUSKA,
Snowstorm which approaches a billiard
In some parts of Nebraska. Several Inches
of snow has fallen. Page 1
Two Johnson county young men ar
rested charged with forging the name of
father of one of the accused to a check
for 142. rkgs 3
Union Pacific official in letter to State
Railway commission Intimates the roads
may take the S-cent fare bill into the
courts. George E. Lean may not be ap
pointed state bank examiner, as there is
reason to believe another examiner is not
needed. Fags 3
Fate of John Hamlin, tried at Grand
Island for the murder of Rachael Engle,
Is now In the hands of the Jury. Court
room was packed with people to hear the
arguments and charge to the jury.
Page 3
POKEXOir.
German federal council is completing
provisional tariff arrangement with United
States and French talk of change In trade
relations with United States. fags 1
Criticism of Russian army by a social
ist member during executive session of
the Duma provokes an ultimatum from
the cabinet. Page 1
American artists have largest number
of pictures in this year's grand salon in
Parts. PSgs 1
WASKXHQTOV.
Inland Waterways commission meets to
form permanent organization and consider
matters referred to it. 'age 8
The supreme court of the United States
decides that state railway commissions
have power to compel railroads to adjust
schedules to make trains connect with
those of connecting lines. Page 1
X.OCAX
A street car Una on Fortieth from Far
nam to Cuming streets Is to ba built Im
mediately. Page 11
Fake land locators do big baslness prior
to opening of North Platte Irrigation dis
trict, according to information received
by federal authorities. Page 11
Women demand man's saddle for riding
snd habits for cross-saddle wear ara tha
fashion. Other subjects for fair sex.
Pags 7
O. D. Woodward of Kansas City buys
W. J. Burgess' Interest In the business of
the Woodward ft Burgess Amusement
company. Mr. Burgess will retain control
of the Burwood theater. Pags 1
Claus Spreckles, on way to Europe, pre
dicts certain doom of Abe Ruef and other
San Francisco grafters. Pags a
Park board adopts a resolution asking
the mayor and council to acquire land for
Cut-OfI Lake park. Pags 8
POST.
They're Off won the Dunton itakes at
Jamaica. Pags 4
Results of the baae ball games.
6 Philadelphia vs. Brooklyn 0.
1 Chicago vs. Cincinnati 0.
J New York vs. Boston 1.
J Boston vs. New York 1.
.Philadelphia va. Washington 1.
9 Louisville vt. Milwaukee 4.
6 Columbus vs. Minneapolis 4.
I St. Paul vs. Indianapolis 1.
8 Kansas City vs. Toledo 4.
Pags 4
OOKMXTKCIAZ. AMU UDU8TBIAX
Live stock markets. Fags
Grain markets. Fags
Stocks and bonds. Fags t
NINE JURORS IN RUEF BOX
This X umber Accepted by Both Bides
and Sworn In After Two
Months' Work.
BAN FRANCISCO April 29 Four more
Jurors were finally selected and five were
sworn In today In the Ruef trial. This
leaves three additional Jurors to be ob
tained for the completion of the trial panel
a task begun two months ago. The
prosecution is hopeful of beginning the
Introduction of evidence some time this
week. No session of the grand Jury was
held today.
Before the resumption of the Ruef trial
In Judge Dunne's court today the case of
perjury against Chief of Police Dlnan and
the case of conspiracy against Dlnan and
Ruef were set over for three weeks on
motion of the defense.
STRIKE BREAKERS IN TEXAS
Fifty Men Sent to Oil Fields and
Frderntlon of Labor
Aettva.
BEAUMONT. Tex., April 29 Fifty strike
breakers arrived today from New Orleans
to work tn tha oil fields for the Guffey com
pany. All pumps, plants and pips lines
are worklng( today and the company claims
to have plenty of men. Samuel Gompars,
president of the American Federation of
Labor, sent a special organiser here to
take charge of the strike.
The Ouffey company Is employing a
large number of men to act as guards.
These sre given authority of deputy sheriff
and are stationed about the property.
EIGHT HURT IN TUNNEL
Gas Explosion Bald ta Have Serlc
lajnred Men Working In
Data-ten.
sly
DAYTON, O.. April .-E1ght men who
w,re working in a new tunnel at the Na
tional Cash Reglater pUnt this morning
were painfully burned In an explosion of
natural gas. It Is said sll will recover.
The men were shot twenty feet out of the
tunnel by the force of the explotdoo. The
property loss Is sllghL
THREE SPEECHES BI TAFT
eoratarr of War Aadrwaaa Cincinnati Law
Etudenta ana Buintsa Kan.
TALKS OF CANAL AND INSULAR AFFAIRS
la the Afternoon He Confers with
M. C. WriH of Cleveland an
the Political situation la
Northern Ohio.
CINCINNATI, O., April 19. -"If the
Panama canal la not completed within I
eight years from now I shall be greatly !
disappointed. If It Is completed In less
time than that I shall not be greatly sur
prised." This statement, made tonight by Secre
tary of War Taft before the Business
Men's club of this city was loudly cheered
by the W members of the club gathered
Inside the banquet hall.
The banquet tendered the secretary by
the Business Men's club came as the
climax to the last of the three days of;
his western trip and It was a fitting culml- ,
nation to the flattering reception that has I
been extended to him on every side by 1
his Ohio friends. The hall was packed to ;
Its utmost capacity and more than too .
applications for tickets of admission to '
the banquet were perforce declined because I
there was no room for the late applicants. '
The last official day of the secretary's trip !
was full of wor"k for him and crowded
with receptions flattering to him both as'
an official and as a man. In the morning
he delivered an address to the students ;
of the law school of Cincinnati university, i
where he still holds his position as dean
of the law school. Later he appeared on
the floor of the Chamber of Commerce and
made a brief address.
This afternoon Mr. Taft conferred with
N. C. Wright of Cleveland regarding the
Ohio political situation. Mr. Wright told
him of the position of leading republicans
In the northern part of the state.
Ovation for Speaker.
Tonight's banquet was one of the most
pretentious affairs of the kind ever seen
in the city. The appearance of the secre
tary was the signal for an outburst of
cheers that lasted for Several minutes.
Judge Horace H. Lurton of Nashville, a
former colleague of Secretary Taft on . the
federal bench. Introduced him.
Secretary Taft said he would speak on
"The Panama Canal," and particularly
on the Improvements and rapid progress
In ths work.
"It Is only by a comparison of the con
dition existing at the tlms of my two vis
Its," said the secretary, "that I am able
to give an adequate Idea of the work that
has been accomplished and of the present
condition of the work. I would like In
passing to pay a tribute of justice to the
French people, for what they did down
there has never been properly appreciated
by the American people. The great danger
of any work of this character under the
auspices of tho American people Is that
the work of construction will ba under
taken before ths work of preparation Is
completed. I do not think that the pre
paratory work of the last two years has
been productive of anything but tha most
beneficial result. ... . .
How the Dtrt Fllee.
"My visit this ysar was to settle the ques
tion of the location of the locks, tha com
pletion of which will, in my opinion, msrk
the completion of the canal. It Is possible,
however, that the finish of the work In the
Culebra cut will ba tha end of our labors.
In this cut there are yet to be excavated
62,000.000 cubic yards of earth, exclusive
of the digging to be done on the approaches
to the cut proper. In the nine miles of the
cut there ara now fifty-eight steam shovels
at work and they will take out on the
average 1,000,000 cubic yards a month. This
rate may be increased until we have ninety
shovels at work, and then It will gradually
decline until tt probably will be somewhat
below the 1.000.000 cubic yards per month.
"We will not be able to work as many
shovels aa we get down In the out, where
the space Is mors narrow.
"We advertised for bids on the canal
work and then declined them for the rea
son, that ws found that It would be neces
sary for the contractors to have the help
of capitalists and we would be compelled
to allow the contractors 7 per cent Interest
on the money they would be compelled to
borrow from the capitalists. As we could
borrow money at I per cent, this 7 per
cent proposition did not appeal greatly to
us.
"To us In responsibility It Is a great
comfort to be able to Introduce the army
engineers upon the work. We have three
of them there and If one of them falls out
the continuity of the work will be undis
turbed. It Is only fair to say of the army
engineers that there will be no graft, that
they can suppress sod there will be
no bad work accepted that thev can su
pervise. No doubt engineers from civil
life would act In a similar manner. But
if any of you gentlemen have ever man
aged a work of magnitude where oyery
body had the right to poke In-his nose
and Insist upon this and that, you would
know how great Is the relief to have that
done away with. The record of the army
Is a guarantee that the work will be capa
bly and honestly performed"
Caban Promise ta Be Kept.
As to Cuba, he declared that the Teller
resolution had established our policy there.
"Change by Insurrection was about to be
adopted when we Intervened." he said.
"We suggested means of settlement and
after conferences with moderates and lib
erals the matter waa brought to an end.
But when we took charge we promised
to stay only until tranquillity had been
restored and a stable government estab
lished." It may be all right to talk about
annexation and a protectorate, but we
made a solemn-promise and cannot afford
not to carry It out"
He estimated that it will require until
Beptember, 19u8, to arrange for again al
lowing the Cubans to show whether they
can carry on a stable government. It
win oe men necessary to give them time
to show that tha conditions are complied
with.
Of Porto Rico he spoke, in conclusion,
telling of Its natural advantages and Its
Improvements and ambitions. The people
of that Island want statehood and ciUsen
shlp. They now have the protection of
the flag and moat of the privileges of cltl
sens, but he suggested that great care and
consideration should be exercised before
statehood was extended beyond the states.
Secretary Taft will leave for Washington
at noon tomorrow.
Rejected Bailor Kills Woman.
PHILADELPHIA. April -Becauae aha
ald ahe would rather die than marry him.
Martha Corlaa, a Uerman servant girl, waa
ahot and killed almoat lnati ntly here today
by Frans Andrewkaty, the man ir wanted
to mk her his wife. The murderer then
turned tha revolver upon himself and In
flicted a wound ablch prolably w.ll prove
fatal. The young won an had left the
home of her employer to purchase bread
Andrewkatv followed her Into a bakery
A brief conversation ensued, which eudJ
ana toe enooUMt
NEW TARIFF ARRANGEMENT
German Federal Council Wll Dispose
of Provisional Agreement
In "hort Time.
BERLIN, April 29. The provisional tariff
arrangement between the United Slates and
Germany will be disposed of by the federal
council In a few days. Then the Reichstag
will take up the matter and pass the
bill prior to Its adjournment, which has
now definitely been fixed for the week be
fore, which Is Sunday.
The Lokal Anzelger says It hears that
there Is considerable opposition developing
among the conservative parties to the fea
ture of the arrangement prolonging It
tacitly. Neither party denounces It. The
conservatives profess to fear this will mean
an Indefinite continuance of the provisional
arrangement, giving the United States all
the advantages of a good commercial treaty
without giving any of the equivalents
which It should have to give In order to get
a treaty. The conservatives add that this
feature mav postpone the conclusion of a
treaty to the distant future.
FARIS, April 29. Ambnssador White has
Joined Consul General Mason In recom
mending that the American government
propose the appointment of a Joint tariff
committee, similar to the one which has
been In session at Berlin, with the hope cf
reaching a Jasls for the avoidance of fu
ture tarllT complications with France.
The American Chamber of Commerce of
Paris has forwarded similar recommenda
tions to Secretary Root. The chamber Is
convinced that unless a reciprocity treaty Is
negotiated anon the French government
will not be able to resist the demands of
the manufacturers and that a tariff war
against the United States will be Inaugu
rated. AMERICAN ARTISTS IN LEAD
They Rave Larsreat Hnmher of
Plctnres In This Tear's
Salon In Paris.
PARIS. April 29. President Fallleres, ac
companied by the representatives In France
of foreign nations. Including Henry White,
the American ambassador, this afternoon
Inaugurated the spring salon of the Society
of French Artists In the Grand Palais.
It Is the unanimous verdict of the critics
that the exhibition of paintings and sculp
tures surpasses any seen In a dozen years.
America, for the first time leads all foreign
countries, both in the number and In the
excellence of works displayed. This Is
recognized and a prominent place has been
aocorded the American canvases. England
secures second place.
The entire exposition Is remarkable for
the uniformly high standard of the works.
Only L800 pictures are shown, the jury
having ruthlessly rejected those of over
4,100 aspirants. All paintings of the de
cadent or the Impressionist schools have
been rigorously excluded.
The sensation of the salon Is a huge
canvas by William Lamparra, who won
the Prix da Rome last year. The painting
originally was entitled "Grandeur . Mlll
talre," but this subsequently was changed
to "Le PledestaL"
Perhaps the moat artistic bit of canvas
Is that of Joseph Bait, which shows two
nuns In a convent. Marquis de Went
worth's portrait of President Roosevelt
ranks among the best portraits, while Her
bert Ward's "Idol" and B. 12. Fry's "Indian
Chief," executed for the City of Oekaloosa,
are among the best pieces of s pture.
YANKEES AT ST. PETERSBURG
Wellman Secures Dogs for Trip to
Pole Ambassador Riddle
la Alone.
ST. PETERSBURG, April 29.-Through
the agency of the American Consul General
Mr. WattB, a train of twenty-nine Siberian
sledge dog, has been provided for the
Wellman expedition. They were secured In
the remote Interior of Siberia and are now
at Tobolsk. The dogs will be shipped via
Archangel to Wellman's baae In' Norway.
Ethelbert Watts, the American consul
general here. Is only awaiting the arrival
of Instructions from the Slate department
before departing to his new post at Brus
sels, where he will succeed the late George
W. Roosevelt as consul general.
Nelson O'Shaughnessy, ex-thlrd secre
tary of the American embassy at Berlin snd
recently sppointed third secretary of the
embassy here has rellnguUhed the latter
appointment to accept a similar post at
Vienna. Ambassador Riddle Is now alone
at the embassy, as first Secretary Schuyler,
Is unable to leave Roumanla before the
arrival of Minister Knowlee. and Third
Secretary Miles, Is In America on a four
months sick lesva.
FRANCIS JOSEPH FOR PEACE
Emperor of Anatro-Hongary Tells
Bohemians He DeaTres Better
Feeling Among People.
PRAGUE, Bohemia, April 29. Emperor
Francis Joseph left Prague for Vienna to
day after a fortnight's stay at the Bohe
mian capital. His majesty signalized his
departure by addressing a rescript to the
governor of the province, earnestly appeal
ing for conciliation between the Czech and
German nationalities. He pointed out that
a start had been made In this direction
by the Introduction of universal suffrage
and concluded:
"I would consider It the greatest hnppl
ness if I, who have shared all the sorrows
and struggles, should now at least shars
the Joys of pesce."
Competition for Gold.
LONDON, April 28. There was keen
competition from Paris today for the large
supplies of gold In the market, totalling
$6,0DO,OuO. The bank of England, however,
outbid its French competitors and secured
t3.500.00i) at a half penny advance. India
took Jl.O0O.0rtO and Paris obtained ths
balance tl.5u0.000i
HILL ROAD INJUNCTION SUIT
Stockholders Will Seek to Restrain
Officials from Obeylaa; Minnesota
Two-Cent Law,
NEW YORK, April 29 The Tribune to
morrow will say: Certain stockholders of
the Northern Pacific Railroad company. It
Is understood, will brlr.g a friendly suit
against ths officers of the company for an
Injunction to restrain them from accepting
the 2 cent fare law In Minnesota. As they
could not bring action against the sovereign
state their only alternate was to bring it
against the officials of the company. The
latter are compelled, unless restrained by
the courts, to comply with the provisions
of the law. Thoae who are familiar with
this proposed legal action attach great Im
portance to It, aa If the Injunction Is
gi anted It will serve aa a stay to the en.
forcmnt of the law aa far as the Northern
Pacific la concerned, for prrnapa two years
The Oreat Northern company doubtless
will become a party to the proposed e-ilu
HOODWARD BUYS BURGESS
Wall Knawn Theatrical Firm Di waive It
Successful Psr.nership.
KANSAS CITY MAN CONTROLS BUSINESS
W. J, Bargees Disposes of Ilia
Intereats to O. D. Woodward
and Retlrea from All Bnt
the Burwood.
KANSAS CITY. April 29.-(Speclal Tele
gram.) Negotiations are pending between
O. D. Woodward and W. J. Burgess, mem
bers of the theatrical firm of Woodward &
Burgess, for a dissolution of Interests.
Whether the deal succeeds or not, Mr.
Woodward will remain In Kansas City, he
said today. This Is taken In local theatrical
circles to mean that the business will be
divided, Woodward taking the local Inter
ests and Burgess those controlled In
Omaha. The disposition of the theater In
Slnux City Is not known.
The firm controls and manages the Willis
Wood and Auditorium theaters here, a
house at Sioux City and the Burwood and
Boyd theaters In Omaha.
tp until the present season the firm had
things pretty much their own way In Kan
sas City. The Willis Wood, one of the
most costly play houses In the west, housed
practically all of the best attractions on
the road, while the Auditorium was fortu
nate In having a stock company of great
drawing ability. The present season, how
ever, Is said to have been rather disap
pointing. The new Shubert has been mak
ing serious Inroads In profits at the Willis
Wood and unfortunate selections In the
personnel of the stock company has done
much toward destroying the popularity
once enjoyed by the Auditorium.
Woodward Boys Bora-ess' llnldlnars.
Word was received In Omaha Inst night
to the effect that Mr. Woodward had pur
chased all the Interest of Mr. Burgess In
'he Woodward A Burgess Amusement com
pany and would continue till July 1 In con
trol of all the theaters managed by that
firm. After July 1 Mr. Burgess will hnve
control of the Burwood theater in Omaha.
The engagements booked at the theate-a
will be filled under the management of
Woodward & Burgess for the rest of the
present season.
The partnership between Messrs. T.
Woodward snd W. J. Burgess was formed
In ISM. the first venture being In ownership
of the Woodward 8tock company, which
was Installed at the Crelghton theater. The
managerlai firm at that time was Paxton
& Burgess. Mr. W. A. Paxton, Jr., being
the senior member of the firm. In 1897
Paxton A Burgess secured control of the
Boyd theater also and the Woodward Stock
company was made a permanent feature
at the Crelghton. Later ventures took the
firm to Denver and to Kansas City. Mr.
Paxton soon retired and the Woodward &
Burgess Amusement company was formed.
It has opersted in Iowa, Kansas, Colorado,
Missouri, Minnesota, South Dakota and Ne
braska. At the time of dissolution It con
trolled the Willis Wood and Auditorium
theaters In Kansas City, the Boyd and Bur
wood In Omaha, the New Grand In Sioux
'City, tho Overland theater at Nebraska
City, the New Grand theater at Bloux
Falls., fl. D-, the Mankato (Mnnn) theater,
the St. Peter (Minn.) opera house, the
Wllconson opera house in Carrollton, Mo.,
and the DeGraw opera house In Brookfleld,
Mo.
Rearotlatlona Hot Sadden.
Negotiations for a dissolution of the firm
have been in conference for some time and
Mr. Burgess went to Kansas City on Mon
day to close the deal. The relations be
tween the partners have been amicable,
but Mr. Woodward waa anxious to take In
his son, who has recently been married.
and for that purpose sought to purchase
the Interests of Mr. Burgess.
SALOON RECEIVERS REPORT
Kansas Court Officials Expect a Fight
Will Be Made by
Brewers.
TOPEKA. Kan., April 29. Tha three re
ceivers appointed by the state supreme
court last week to take charge of the prop
erty In Kansas of eight outside companlta
and a real estate oonctrn run by one liquor
firm, made his report to the court here
today. The report shows that the recelveia
are holding nine buildings, four at Atchison
and five at Leavenworth. They also are in
possession of a large assortment of bais,
fixtures and mirrors. Not much liquor
has been taken. Most of the places where
seizures were made, have been saloons, and
the liquor was claimed by parties other
than the brewing companies.
The receivers believe that the brewery
companies will take some action to protrct
their property now that the first report of
the seizures has been formally filed.
The brewery attorneys say they are wait
ing for definite authority on how to pro
ceed. On Thursday next the motion to ap
point a receiver for the Anheuser-Bupch
Brewing company will be heard in the su
preme court. This company was the nnly
one of the foreign concerns to fight tha
move for receiverships and it was net In
cluded In the list of companies for which
receivers were named.
KANSAS CITY. April -Tudge 3 V.
Oarber, one of the receivers appointed by
the Kansas supreme court to take charge
of tha affairs of nine brewing companies,
arrived In Kansaa City, Kan., today and
conferred with officiala there regarding the
seizing of the brewery property. The other
two recelvera will arrive tomorrow, nhen.
j It Is said, actual work of taking poss-salon
of the property will begin.
NEW RULE IN RAILROAD CASE
! Snpreme Conrt Decides State Can
Compel Trains to Connect
with Others.
WASHINGTON, April 29. The supreme
court of the United Stales today decided
In effect that the railroad commlaalontra of
the state of North Carolina can crinpel a
railroad company operating In that state
to so adjust its schedule as to accommodate
I passengers on other lines from any par
ticular part of the state.
The opinion was delivered by Justice
; White in the case of the Atlantic Coast Line
' Railroad company against the corporation
. commutation of North Carolina. The torn
; mlsaloners directed the company to make
' connection at Selina at 2:15 p. m., with a
train on another line. The company re
' slated on the ground that the order could
not be compiled with without putting on a
j sieclal train. This, It waa contended,
I amounted to taking property without due
j proceas of law. The supreme court of
North Carolina held against the railroad
and Its decision was affirmed by today's
action on the ground that the order does
not affect raws, but la a proper aot of
regulaUuB.
SEVERAL INCHES OF SNOW FALL
Storm In Some Parte of the State
Approachea the Character of
a nilsaard.
BKATRICE. Neb., April 28. (Special Tele
gram.) A snow storm, assuming the pro
portions of a blizzard, has been raging In
this vicinity today and continues unabated
this evening. The ground Is covered to the
depth of several Inches with heavy snow
and the moisture will be of Inestimable value
to wheat and oats, and pnt the ground In
fine condition for corn planting.
LONG riNR, Neb., April 29 (Special
Telegram.) A heavy snowstorm has been
prevailing over the northwest portion of
Nebraska and there Is now five or six
Inches on the ground. In some sections It
Is drifting badly.
STERLING. Neb., April 29. (Special Tele
gram.) Five Inches of wet snow has fallen
here. The temperature Is rising and the
snow Is melting fast.
CRBSTON, la.. April 29. (Special Tele
gram.) Commencing early this morning a
snow storm has raged In this city all day.
Over four Inches of snow has fallen. Peach
and cherry trees here are In bloom and
milch anxiety Is felt for the fruit crop.
KANSAS CITY, Mo.. pril . A com
bination of snow, sleet and rain was re
ported this morning in this part of tho
southwest, with freezing weather prevail
ing from the Nebraska line to Texas.
There was a fall of snow at Concordia,
Kan., following rain; sleet at Baker, Kan.,
and a heavy rain at Wichita, with a flurry
of snow In northwestern Missouri. The
temperature at Dodge City, Kan., was 30
and In the Panhandle 3i. There was a
heavy fall of rain last night In western
Missouri and generally In Kansas and
Oklahoma.-
PES MOINES, Anril 29 Snow has been
falling since noon. The local weather bu
reau states that the storm will continue
all afternoon. Further damage to small
fruits is feared by Iowa hortlcultiiralls'a.
OSKALOOSA, la., April 29. An almost
unprecedented snowstorm prevailed here
today, with the temperature near freeslng.
DL'Bl'QVE, la.. April 29 Four Inches of
snow fell here todny.
MILWAUKEE, April 29-Enough snow
fell In Milwaukee today to delay railway
traffic. The storm was general throughout
the state.
BURLINGTON WINS ONE POINT
Railroad Company Eacapea Salt Be
cause Xot Legally Realatered
In Pennsylvania.
WASHINGTON, April 29. In an opinion
by Justice Moody the supreme court of
the United States today decided the case
of Robert G. Green, a citizen of Pennsyl
vania, against the Burlington Railway
company, adversely to Green. This was
an action to recover I10O.00O damages on
account of Injuries sustained by Green In
a railway accident at Brush, Colo., In
September, 1905. The suit was Instituted
In a federal court In Pennsylvania, but
that court refused to entertain It on tha
ground that Burlington la not legally doing
business In that district, because it was
registered In Pennsylvania ns the Chicago,
Burlington & Qulncy Railroad company
and not by Its later name, the Chicago.
Burlington A Qulncy Railway company.
That decision was affirmed by today's de
cision. Justice Moody saying:
"The question here Is whether service
upon the agents was sufficient, and one
element of Its sufficiency Is whether tho
facts show that the defendant corporation
was doing business within the district. It
Is obvious that the defendant was doing
there a considerable business of a certain
kind, although there was no carriage of
freight or passengers.
"The business shown In this case was
In substance nothing more than that of
solicitation. Without undertaking to
formulate any general rule defining what
transactions will constitute "doing buslne-ss'
In the sense that liability to service Is In
curred, we think that this Is not enough
to bring the defendant within the district
so that process can be served upon It."
FLOOD AT OKLAHOMA CITY
One Suburb Is Partly t'nder Water
and River Is Rising
Steadily.
OKLAHOMA CITY, Okl., April 2.-Wlth
Lightning creek out of Its banks and the
Canadian river rising steadily, the people
In the lowlands cf Capitol Hill, a suburb
of Oklahoma City, are facing a situation
that will become critical If the heavy rains
of the last twenty-four hours continue.
Low lands have been converted Into a
veritable swamp, crops have been ruined
and much stock drowned. No human lives
have been lost so far aa can be learned to
night. Residents of the bottoms were
forced to leave their homes Sunday night
and several persons were kept In trees all
night. One house floated down the Can
adian with a family Inside. The occupants
were rescued.
Four Inches of rain, accompanied by
heavy hall and high winds, fell throughout
southwestern Oklahoma and the Texas
Panhandle district early today. Telephone
and telegraph wires are down and com
munication with many towns la cut off.
The rain will be of great benefit to the
cotton crop. The wind damaged several
houses In Walter and Mangum.
In Tulsa, I. T., tonight the temperature
Is below t0 degrees. Three' Inches of rain
fell there today and It Is raining again
tonight.
PUSHING W0RK OF RESCUE
Men Imprisoned Three Days In Penn
sylvania Mine Mnat Walt One
More Pay.
JOHNSTOWN. Pa., April 29. -At 10 o'clock
tonight the officiala of mine 28 of the Ber-wind-White
operations at Foustwell, where
seven men have been Imprisoned by water
for the last seventy-two hours stated that
It would take at least twenty-four hours
more to effect a rescue.
The first dip between the pit mouth and
the Imprisoned men has been drained and
the pumps being used by the rescuing party
have been started up on the second dip. A
wall of water 400 feet through completely
filling the mine heading now separates tha
unfortunate men from the rescuing patty.
When thla section of the mine haa been
cleared of water the way will be clear and
the seven miners can be brought outside.
Today there waa taken Into the mine a
pump brought from the Berwlnd mtne No.
30, at Wlndber, having a capacity of 1,700
gallons a minute and are five times the size
of any at work previously.
It Is now believed that the men will be
reached early tomorrow night.
Troops Start for Manila.
FORT RILEY. Kan.. Arrll 29 -The head
Huuriere ba;.d and the First aquadron of
tne Ninth cavalry, under comnitr.d of
Colonel Peter Bomua. left Furt hlley to
night for the Philippines by way ol ban
Fiauclsca
PACKERS LOSE CASE
Csnrt of Appeal Upholds Finn A sowed at
Xancai City.
CHARGE WAS ACCEPTING REBATES
Kailrtadi Hide Cooeenieni on Thrtoth
Ehipmenti to Europe,
QUESTION OF JURISDICTION DECIDED
Commiasion Haa Tower to Bnparviie Batei
an Export Ih prueuU.
FCUR COMPANIES FINED $15,000 EACH
Appeala In Caaea of Railroads and
Hallway Managers Convicted at
Same Time Are Still
PrndliiR,
ST. PAUL, Minn., April 29 Judge San
born today filed the opinion of tho United
States circuit court of appeals, which he
had written, affirming the Judgments of the
United States district court for the western
district Of Mis.isourl agalmt certain pack
ing companies for accepting concessions of
12 cents per luo pounds from the portion of
the established rate for the transportation
of provisions on through bills of lading
from Kansas City to Christ Ian la and Oiher
points In foreign countries. Judges Hook
and Adams concur In the opinion.
The defendants in the case Involved In the
decision are the Armour Packing company.
Swift and Company. Morris & Co. and the
Cudahy Packing company.
These cases are the first of the so-called
rebate cases brought by the United States
against the packers, which were deter
mined by the appellate court, and they will
form the basis for future action until the
supreme court reviews the decision.
Gist of Opinion.
The substance of the conclusions reached,
by the court are as follows:
1. That the giving or receiving of a re
bate or concession whereby property In in
terstate or foreign commerce Is transported
at a less rate than that legally filed and
published Is a violation of the Elklns act
and Is a continuous crime ndjudicuble In
any court of the United States having Juris
diction of crimes through whose dlstrlot
the transportation Is conducted.
2. The rates of transportation from plac-
In the United States to ports of trans
shipment nnd from ports of entry to places
In the United States of property In for
eign commerce oarrled under through bills
of lading are required to be filed and puo
llshed bv the amended Interstate commerce
act of 1M7. If carried under an aggre
gate through rate, which Is the sum of the
ocean rate, and the rate from or to a place
In the United States to or from port ff
shipment or of entry, the latter Is required
to ii tiled and publlsned. If carried under
a Joint through rate by virtue of a com
mon control, management or arrangement
of the inland and ocean carriers, the joint
rate Is required to be tiled and published.
I. The giving or receiving of the rebate
or conceiislon whereby property In Inter
state or foreign commerce Is transported
at less than the established rate, is the
essence of the offense pertinently de
nounced by the Elklns act. Tho "device"
by which the concession or transportation
la brought about la not an essential ele
ment of the crime and It Is unnecessary to
plead It n the Indictment. The meaning
of the clause "by any device whatever" In
the Elklns act Is, "directly or Indirectly,
in any way whatever,"
When Contract Falls.
4. A contract between a carrier and a
shipper to transport the letter's goods In
Interstate or foreign commerce at the thet
established rate for n definite time ia Inef
fective after a higher rate has been died
and published as required by luw. The time
during which n rate different from the
agreed rate Is established by filing and pub
lishing Is excepted from the term of such
contract by virtue of the national acts to
regulate commerce which sre a part thereof.
Such a contract conmltutes no defense to a
charge of giving or receiving a rebate or
concession from the filed and published
rate.
5. The only criminal Intent requisite lo a
conviction of an offense created v statute
which Is not malum In se Is the purpose to
do tha act in violation of the statute. No
moral turpitude or wicked Intent Is essen
tial to a conviction of such a crime.
History of the Caae.
KANSAS CITY. April 29. The defend
ants named In Judge Sanborn's decision
were Indicted by the federal grand Jury
In Kansas City December 15, 1905. The
trial was held here at the April term In
1906. The grand Jury also Indicted three
railways and several officials of rail
ways. The officials were charged with
conspiracy and the railways with giving
rebates. These cases are pending before
the United States court of appeals.
The cases were tried here before Judge
McPherson, who, on June 22 last, lined the
four packing companies $15,000 each.
"Well, the decision certainly disposes of
the question of jurisdiction over export
rates," Frank Hagerman, attorney for tht
Armour Packing company, said today
when told of the court's decision. "It B)
the flrat time the queatlon haa been 4a
elded. The caaea can ba taken to tha
United States supreme court only on a
petition for a writ of certiorari. We may
try for It. I shall have to conault with
the other Intereats before I can telL"
BRYAN ON JTHE OUTLOOK
Nebraskaa Baya Demoerata Will Oa
Into Campaign tatted oa Right
Side of Iaauea.
PORTLAND, Me., April J9.-Wllltara J.
Bryan, as the guest of honor at the ninth
annual banquet of the Maine Democratto
club, spoke for an hour on political 4sues
here tonight. Mr. Bryan said he had
been exceedingly honored by the people
and added: "I have nothing to ask of
the American people. All I ask Is a chance
to pay back the debt I owe to them."
In reference to the last presidential cam
paign, he said he did not get just the
! platform he wanted and added: "But I
got Just the candidate I did not want at
all. However, I did what I could to sup
port the ticket. Our party had Its ex
periment and will not try It again. Per
haps It Is Just as well tt did. There will
' be no more experiments. At last ws ara
going Into a compalgn united on the right
lde of the questions. Two years ago wa
,' were united on the wrong side."
(EXHIBITS STAY IN COURT
Attorney Peabody Refused Perml
slon to Take Papera in Harry
Thaw Caae.
NEW YORK, April 29 Justice Fitz
gerald In the supreme court today refused
to algn an order giving Into the cuatody
of A. Ruaaell Peabody the exhibits Intro
duced by the defenae In the Thaw trial.
Mr. peabudy, who Is one of Thaw's reg.
ulkp AfrornevM. bad uakil that nil Hia v
, hlhlts, Including the letters offered before
. the lunacy commission, be turned over tq
; him. The exhibits sre now In the cuatody
ef the clerk of the court before which Th
was lrl4
1
i