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Omaha ' Daily
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'ARMY iiH.l. l4"ASSUnjsLir,r.iARY of the i
"tiia Appro
--VMitira It fnul
RiSOtUTION SUGGESTS
CME REFORMS
,sd end Troopi
dice.
Next Let thcu'.d tie
Ihou'.d Kct ct
the PRiMitP
GCIGVIN AP0L0GZ.S -1,
ttoljpin Accepts Hzplac
i tf Monday's
I en-tioi ftl I
fRLSS COMMENT Oi
d'tt
SENT SESSION
V ! realdeu)
I I' r u ir c t of K i Ml '
There U
,t trtjotirn.
meat and liiiml
May
k.
Do Good
8T. PE'rEltSBURO.'AI'
house of Parliament I
I JO. The lower
passed the re-
iiuubh oi z tii iiamem i " . ..... . -
ciuitlng bill by 220 to M tf "O 'lhe house
aio adopted a resolut I CKi'"! foitli the
i.ecesslty of dwereatdn f 1 lhu num
ber of men to be ci: J I ' the colors and
parsing a law ab Jlf
I roviding soldiers u)
the custom, of
nt for officer
1 and the using of trooi-
police purpote.
; President Golovlii?
oglxad in behalf
ol the houhu for th.
. lui lng wh'.ch M. ZUt
cident lust night.
IY. hoclallot. made
i . i a savage ult.irk on t
rmy and the kjv
J , ,1 eminent, which foi
line threatened to
precipitate trouble
It'll led 111 ssi. tuiU'
Loft' beinw tiepri.rui f
if the light to the
flour of tne lijus?
belns formally re
I ihat In view of
t le army he con-
biked. M. Ciolovit
jes.enlay s reil.-ct.Ar
fcU.e.tit .1 lu IK
t..u 1iouj rc-aardi'
true to tue futherfan
the cm'iior, as 4'
and siatlludi.
It was undetstod
to announce that
army, which was
nd whose head was
ln of all respect
his apology was
accevitablc to I'rrt)
f St ilypin. Tho so
c tutJ, however, j :
rted with a signed
lirotrm, aecinrmn s v.
M. Qolovln's words
Infilngrd the prei-n
ves of the bouse and
wc.e rppeped to yi
Knl'y of parliament,
and suKgested thrftv
Idont. t.
tior. of another ptes-
The house nexr
i Hld red the bill ap-
ifJroprlsUng
fi mine relief. The
-futii comprises a
ion of the M.OjO.OC)
which the guver imrnt M! provides for the
relief of famine suffer' .
The appropriation, wai oted by a large
majority, only the ocl4.-a opposing It.
Later the house una .oualy passed the
law abolishing trials by' cum-head courts
Tnartlal. t
The house then adjobiied for tho Rus
sia a Easter recess.
rrea Hold Hoof.
1 eXLtinrt nf thn Novoe
1
'a If With the.
frl Vremya. w.illl noioa 11 if outside oi ine ,. -v Pare a
"A J""",n . " - ;,7:"-,atr arrested under nar Pr'aon anu woe
fl f.-Meataraay'rt l A J Twna-.iit a re- j "r af Anderson at
I K Sie-it- tuanra soV '"I . knJ In heir ..,. .mivi Mun Hffalrs has
LI k..i.f .,f .tin ix, fcuili svusior cf the
i .'. I rfrrail nn v usrneuiy lo f.o i-TJii-
Sy nict betwosn ine iiwui
: f I ment.
. 1 i The Recb. organ of he constitutional
democrats, iimmarixir.g ti e ork of the
' j lower house up to prr
Hit, says:
In suite of enornj'ut uimcuuua "u
much friction the I?im has made eon
a'.derable progress. hWtag organited fif
teen committees to iinlle the principal
problems of social rm .tructton. A num -
ber of projects are wady or presentation ; Burllngt,tnmisslon on the charge
to the house, including reforms of tnejrouj have di.oriai and a Tennessee rail-
courts, providing fot l Inviolability '
h. fwnnn. anil ssfA financial lawa,
th nerson. nu B't ......... ,
anil ssSfair
which will b
will he taken a "iiuneaiaieiy aner
.... .
the Easter recess, whi i a measure provid
ing for rellglou. Uterty and other law.
wilt b reported by t.' end of May."
Opinion .t CJo'ovln.
Presfdent Golovii'li quoted in an Inter
. view published In tb.Blovo today as say
ing: i ' f
The condition. 'ow so changed that
there Is no prosp,, pr .n early dissolu
tion of Parliament th.?re 1. ground to
hope that the m . house will display
.....
creative activity lfnB it the enactment
f.f the necessary llffna.
The 'Rossis, mti lal, remarks:
'The Durra I V f lostur authority In
the eyes of thf ieople owing to the
absence of a woI k majority, but there
Is an undercurror cf horn- that the con
stitutional demeoi will b able to create
a sane majority .' d redeem the usual lt
uatlon. i
"The gieateal anger to tho Duma-Is
considered to h the possibility that the
reactionists n- tie cabinet, aner isai
' night's conflict etween tl e government
Rftd the house, nay appeal over Premier
f tolypln'e hefd irectly to his majesty, on
I the ground af well kno rn devotion of
the army to t emperor, tie reactionist
being eneoi'. d by the 'allure of M.
Btolypln to "'pel the reti.ement of M.
von Bohwarsi ,. the com troller of the
empire, anT '"oruiry mi Tiber of the
cabinet, who ias een working hard in
th tampilfi r the Immediate dissolution
Of Parlla'V, . .
"The laAt iV ' to i foreign diplomat
Jhst be hJ f ill backing of the em
peror In 1 1 rai a to resign the comp-
trollershtp-
trie Theaters Warsaw.
WARSAW. Russia . P. land. April SO.-The
employes :f the street railroads, the print
:. bak's and factory employes huve
I decided t stop work on May day and the
nuthoritli are taking energetic steps to
forestall expect"'' dlsordersv The police
I. a are masig wnoiesaie rrrsia ui Bocittfi.is
I vJand det'hments of Cossacks will patrol
T tvtn the rreet day and night until there is
o furtlr danger of trouble.
f
i
tFniifiTiniM
OF CHINESE
1 1
J 'i..l.."t' '
tihauchal Tu
la I'nion Meeting at
Ik of Church
1i
and State.
HANGHAI. April SO At today, ses-
f n of
) fnferenc
i Ut. In C
7 4. tton in
of the China centenary missionary
hut th new educational move-
China, the value of Christian ed-
providing capable and tru.t-
j ti, y leadt-r. In state and chur
tlfV T ni llrnll,L,lon r Christian
7 i I v-r Jndred .j-v! j-e aUivs -d
rch, the
colleges
I ti.T Jndred 4 ! AUi.V -d. A le-
arkaW t-.rlt i harmuny wiwt inai trjit4
I- or.B.talivttS of tie avar 1 .tl..
-. - - . ...
Jnatlon iiMt.
tl !'.' g suhlect ore tho'li-flu-
o( tr.. r .i-sions n s Cl.t ihtlr aid
Introducing commerce, western lcrt.U.g
-Plilna iirim iii lh miuVrn
' pan ess twu-iwiit u wust 1 ula
i
i ,ietr, Mu
19 07?
1007
SUN MOM
2
3 Hi
10 1
17 16
5
12
10
0
d 9
l! I ft
. N 21 22 23 24 2fj
2G 2V 28 29 30 31
TUB WEATHER.
fi int'n t o' i vi-iiii i ot.' i 1 V!
RUVA-Fair and wanner Uedn.-sday. Kai
a ' ' r r j n i ri 11 i i'. i i - ir r aaiii
Thursday. ;
l.n.perHture nt Omaha yesterday:
ll"ur. Ui sc. Hour. !"
u .t. m
"7 1 d m . . Jr. !
H n. m i
7 a. m
8 a. m u.i
V a. m m
W a. m as
11 a. m 42
2 p. m in
? " f r!
6 p. m'. 50
ii p. m J... W .
S p m t.'.'." ,'lS
0 p! m. .'..'..'.J-. '.'...o I
U m 15
DOMESTIC
41
Receivers appointed by suri
seize property of brewers at ifne court
Kan. nsas city,
Circuit Judire I'owell defjT 1
City ire men are not nuiltJ
des Kansas
ing a combination in restr
' of mainlain
nt of trade.
Trof. Albert Ross Hill h' 1
dean of the college of at8 b("en fleeted
at Cornell university. , ls and "clences
Weather bureau says . Tag 1
for twenty-six years and""" ' coldest
one since service was orK,rolde8t except
Two neronuuts leave Ht',lzed- Fa' 1
hnlloon In nttemnt to hre: Louis In large
record for continuous fll
k long distance
Washington lumber nin
complaint against Harrimn
ht.
Psg-a 1
lufacturers file
rouits. asking for order fi'
and Hill rail-
rate on forest products fr through joint
points to points east o ""l""lu"
mountains via Portland.
the
Cascade
Far 1
NEBRASZi
John Hamlin is convict
Grand Island and jury ia o( murder at
death. Penlty at
Homeseekers are lined Paga 3
ottice at North Platte UP at the land
olllce to open In the mo'l,l for tne
file on land which is oi',,ln ln order t0
tollay en to settlement
Receipts of tho Nebrni Paga 1
lug April reach W75.S91. ka treasury dur
Governor announces nui record-breaker,
ments. amonir them rea xheT vt l'P"lnt-
superlntendenta of insan 'pointing present
! Buard of Assessment ex' hospitals. State
its work this year in ,pcl" to complete
usual. Number of cit'orter llme than
take a vacation while t"''n r Lincoln
ln aesslon. , ,e ran(1 I"'
Report of weather bu Pag- a
show. defWlency of au erP erv,e
moisture during April, emperature and
WAUHIlf G' 3
Presidnt' Vtea lett V' , ,
magailnt le ling that to New York
worst aVil tnat can befa""-ace "ulcide
l u country.
1 finntrarta for lUDDlV
or me Btock to the taijl lare amount
clef. In the northwest. inuisaii.
TOBEIO j 1
Russian Duma passes '
government providing introduced by
or recruits.
A homh la thrown at ff
Par 1
temala, but he ls not president of Oua-I,OCA3ured-
1
Omaha Cooperage cv
before scecial exarv'Pany ha hearing
, Commerce ..Iner for the Inter
lnBt it and In, mated ln freight rates
i' avor of a Keokuk com-
.-.-
. UOkllVB.
- . .
Arsruments ln ' Par
i j ruru
consumed yestefjhe Pennlson libel suit
much of today. and will take up
to the Jury latere case probably going
Fifty-two deod'l" afternoon. Pag a
office of register ai-e recorded ln the
county, beinr thf of del tor Douglas
that business. Irecord-breaklnr day for
In the proposaj Par 7
ors on the-Cohnl aubmitted by contract
ion In the prlceulldlnr - decided reduc
dlsclosed. t building material Is
Modern Jury rt F T
new court housfms as a feature of the
advocated by the which ls proposed are
bers of the local strict Judges and mem-
t.mu-u rr.-iwfotbar. Par 8
down the law tl I" Volc court lay.
they must proauj - --
3 the fine or the dog.
Woman's worl
Pare r
ls a feature of it-Country club luncheon
j day. Pare 8
Juggler wins POXTB,
Bak.t
e Corona stake, at Ja-
Results of thai
9-Omaha vs. bal1 Krae:
2 Denver ve. Jiehlo 8.
4 "hleago va. incoln 0.
8 Phlladelphlflnelnnatl t.
4 Cleveland Vvs Brooklyn 8.
t New Yorlt St. IyOuls 2.
Phlladelphlif. Boston 1.
3 Indianapolb v.. Washington 1
fr-Mtlwauk-e v.. 8t. Paul J.
t Minneapolis. Louiavllle 0.
I . Columbu-t
n
bomb for;?uatemala chief
Attempt la M4
to Aaaasslnate Preal.
dent of
leei
e Central Amer.
Repablle
ai'ATF.MALA
ter.pfw..m.de ITT. April 30 An at-
iei..pi am in... . . .
ly today on the Ufa of
I'lesldent Est
Estradj
namuf
('riving a dy
Cabrera. While out
1.1s carriage, klHJ,Km" was exploded near
c ce-ieral Otg the horse, and wound-
5, , .... n the chief of atatT
IIIO , ...'' . I
not hurt, a 'ne preaiaern, wno was
would-be assaag commented on and the
jdes t-s are condemned on all
NEW YORK,'
consul general ' prll 30. The Guatemalan
Koechea, receivat New York. Dr. Ben-
patch today fn tne following official d's
,,i. .-, g Mini ster B ar-
of Pre. dtjn o? th" attempt on the
. morning "abrera-
tbpreZelli .i : 0'c.o.k. at the time
a bomb was exi n republic was pasmg.
of 1 lie capltat.dej In one of the streets
functionary w.d Fortunately, that high
attempt and Jnot hurt ln this rrloilml
given lhat the tiers have already been
crime ba undifoper Investigation of this
who ware woui.ken. The only persn.
general stair oti-u were the chief of tha
Marie OiellanHiie president. General Jose
lie ordur i. nJind ttie coachman, lub-
iialneu uiittllere'1
BARRIOS.
Jnnan
TOKlO. Apif Mlnera Mrlke
broken out at JA-Serlou. disorder, have,
In the Hokkal' coal mine near Horanai
wher 2.O1M) mil' administrative district.
striker, burnel have struck work. The
I mimtuir of retu. Ut onu e uui;uuig ana I
-i- - - .,. ,
- i tuom f. " - - m .
I number, on L" sirlker. mad police and
OMAHA, WEDNESDAY
BIG BALLOON MAKES START
Tw AertunU Attempt ts G from Eu
Loiii to Waihisetoi.
THEY EXPECT TO nlN IAHM CUP
Car In Provisioned for Three Day,
Carries a amber of ricrnni and
Seventeen II and red Pounds
of Ballast.
8T. Ii;i8. April 3l. With a sharp, raw
... . . . ...
flowing and heavy clouds nanKing ine
sky, Captain Churles DeF. Chandler, fnlted
Btates Signal corps, and Aeronaut J. C.
. .. ' . . , . .
1"r-y or iew lora ciiy siarieu ioiukov
on the long distance balloon trip they had .
been trying to take for three days. They ,
hoped tho wind would carry them east-
ward that they" might land neur Washlng-
t(,n- D- C f but immediately upon leaving
the ground the balloon took a southerly
course, veering slightly to the west.
Captain Chandler Is making aerial ob
servations for the government, which Is
now Interesting itself in balloons as aids
to the army in case of war. Hf carriud
instruments to show the altitude and the
speed attained
Aeronaut McCoy hope
to win tne unin cup. onereo .or ...-.
.cf lot.na rnnflnnmii fllc-ht The ballOOn '
o. .... - i
left the ground at 7:3 p. m. The weather j
was not favorable ror Ballooning, tne air
being heavy with moisture and the tern-
perature almost to the freezing point, but j
the flight was made ln order to have the ,
benefit of the moonlight, without which the
flight would not have been attempted.
Several carrier pigeons were taken and
messages will be sent back to St. ixmis .
by the aeronauts. Captain Chandler said
before entering the basket that they ex- ,
pect to be In the air about forty-eight
hours. Provisions to last the two men
three day. were taken.
Balloon Mart Toward Sonth.
The start was even, the balloon ri.tng
straight In the air until higher than sur
rounding buildings. It then veered sharply
to the south and continued In that direc
tion until beyond the vision of those on the
ground. Though Captain Chandler was
disappointed ln the failure to have a west
wind for the voyage, he .old he felt he
could wait no longer and would make the
best of the north wind. "You may rest
assured we will not come down ln the vi
cinity of 8t. Louis," he said.
The America. In which McCoy and Chand
ler ascended. 1. the second largest balloon
In the United States. The largest, which
was recently completed by Leo Stevens for
the government, has 1.000 feet greater die
placement. The America has a displace
ment of 78,000 cubic feet and lifting power
of 3.500 pounds. On the flight this lifting
capacity was divided among the equipment,
provisions and supplies, the aeronauts and
ballast, as follows: Bag and basket, l.OiH
pounds; anchor, ropes, drags and other
equipment that could bo thrown overboard
in an emergency, 240 pounds; clothing, bed
ding, instruments, etc, 200; McCoy and
Chandler. 360; ballast. 1.700; total. 3.500. The
rand halloat I. carried In bag. pt forty
pounds each.
TWO MORE JURORS FOR RUEF
Seven More Taleamen Examined, hnt
Five Are Rejected Senentlonnl
Bene In Conrt Room.
BAN FRANCISCO. April Sa-Of the fifty
talesmen composing the new ventre Issued
yesterday by Judge Dunne for the com
pletion of the Ruef Jury, forty-five an
swered their names ln court today. Twenty
five of these gave privately to the court
excuse, why they should not be required to
serve, and they were excused over tne ob
jection of the defen.e. Beven of the re
main twenty were examined, five of them
standing aside on challenge and two of
them being tentatively accepted on quali
fication, but still subject to peremptory
challenge by either side.
Today', session was enlivened by a clash
between Hiram Johnson, special counsel
for the prosecution, and Attorney Ach. of
counsel for the defence. Johnson called
Ach'e conduct "sickening." Ach said John
on'. conduct wa. "disgusting." Stung by
Ach's references to "private counsel em
ployed for publlo 'prosecution," Johnson
hotly remarked:
"I've heard enough of these slur, directed
against 'private counsel' and I am tired
of It. I would rather appear for tne prose
cutlon of a boodler and a
rogue, a thief
and a scoundrel a man who has shame-
lessly robbed his own city tnan i wnuia
against almost any otner type or cmsen.
Ach demanded that the Juror already
sworn and those present, but not yet ac
cepted, be Instructed by the court to
"Ignore utterly the remarks of counsel for
the state."
"The Jury. Mr. Ach." said Judge Dunne,
will be Instructed on all phase, of the law
at the proper time."
MICHIGAN CENTRAL WINS POINT
JW Issne I. Rnlaed In Salt Acalaet
Mate for Daman-en for Repeal
of Charter.
LANSING. Mich, April SO. Tne Michigan j
Central railroad won a print today In Its
litigation with the (tate of Michigan over i
the repeal of lt. special charter by the leg-
Islature of 1901. The special charter cov- '
ered the Detroit-Chicago main line and en- I
j abl4 "T COmPany ?, T.'
i fnr of X rents tier mils and to rmv a in.
'a" ' cents per mil 1 and to pay a ! -
' clfic tax of three-fourth of otie per cent
on Its capital stock In lieu of all other
; uc -'"'" ""
I nominal damage, of tf.OOO.COO. Attorney.
. , -.. nM...A , V. ,..,.. 1
I (T IIIO llllc liriiiuiiru lilt llic (riiri ni
grounds that rights, privileges and fran
chises given by the state could be taken
away bv the state, and nn damage, could
be roverable only such damage, a. could
be shown to have resulted to the tangible
property. The Wayne county circuit court
at Detroit overruled th!. demurrer and the
; ."Preme court of th. .t.t. tod.y sustained
this ruling In favor of the company.
'
TCIJ
1 til
;
: pront
.
Inent Xew York Man Given Jail
Sentence for Hla Third
Oft.it,
YONKFRB. N. Y.. April SO.-Wllllam E.
Dodge of New York. on of th philanthro
pist. William Earl Dodge, and son-in-law
of Henry T. SI ane, the millionaire carpU
minufscturer. was today ereneed to
Prve
len days' term In prison. In addition to
paying a fine ct $100. for automobile ane4.
1 )nr The sentrnce was Im nosed bv rttv
I InAia ruillp mn kmA -!
- - ."-rii i.iio r-
i-ti ut-iuiw i'ii a umiiar oreriw. cn tha
rw oaslon he wa. fined and the next
MORNING, MAY 1, 1007
SEIZURES AT KANSAS CITY
Receivers Knmed by the Kannaa Su
preme ronrt Take Property
of Brrwerlea.
KANSAS CTTT. April Jn.-The three re
ceivers appointed by the Kansas supreme
court, accompanied by men from the offices
of the sheriff and the attorney general,
mnda tho rounds In Kqnms City, Kan.,
todiiy and look possession of all property
believed to be owned by the Indicted brew
ing companies. "We do not expert to take
possession of many fixtures." si'd Receiver
Oarver before alerting out. "We will ba
pretty busy, thoimh, taking possession of
buildings and real estate. The list Is long',
but we probably will finish in one day."
At each place visited the keys to the
buildings were taken by the receivers, the
doors locked and a notice tacked up stating
that they were In possession.
It was a
comparatively easy
matter to locnte tho
places, as Assistant Attorney General
Trlcket, who had been carylng on an nntl-
liquor crusade in Wyandotte for a year
past, had made out. a list of all brewery
property. Wherever sny show of resistance
was shown the receivers declined to nrguo
the matter, referring all complainants to 1
the court for settlement.
I "The brewers have sought to conceal the
real ownership of the property." aald one
I of the receivers, "by transierring the title
j to employes and agents. We know who
,le. ure noweier tlu.re wl
. .. t ... ......
ciimcuni aooui mat.
xOPEKA, Kan., April 30.-"As the state
cltnnot ,.n ii(,uurSi win lt not be tn duty
of th(J 00urt to "inpty Into the gutters the
bPer (in,i whisky seized by the brewery re-
cciVers?" was asked of Attorney General
Jackson today.
"That Is a question that the courts will
be called upon to decide, I think, before
the matter is settled, and I do not care
to anticipate their decision," rf plied Mr.
Jackson. "However, from what I can
learn, owing to the nearness of the state
line, there will be little property In the
hands of the brewery receivers which can
not be disposed of In a paying way.
"Most of the property Is fixtures and real
estate."
PRIVILEGES FOR PRISONERS
Mover and llnrwood Allowed to
Minnie with Families nnd Friends
In Jail Lawn Dolly.
BOISE. Ida., April 30. Clarence S. Dor
row of Chicago and ,E. F. Richardson of
Denver, attorneys for Charles H. Moyer,
William D. Haywood nnd George A. Petti- I
bone, the men accused of the murder of
former Governor Frank 8teunenbrg, have
arrived and announce they are ready for
the opening of the trial of Haywood on
May 9. They make the statement that no
motion for another change of venue will
be entered and that the actual trial will
proceed without delay so far a. they are j
concerned.
Mrs Haywood has arrived with her two
daughter., aged 17 and 11. She is an In-
valid and moves about in an invalid chair.
There wn. an interesting reunion betweer,
I np mntnhfn nf the fnmllv voatorri a w mnrrii 1
, . . . " " . . .u i
1 n tr In ths pnii.t hnnao irr.tilnl. mnthitl I
' " " . f
and daughters passing most of the mornlnf j
with the fa. . there. Today th rpi'
program pre!a'jied, the family being (full
ered In comfortable .eat. or strolling ovr
the lawn for aeveral hours. The ml ac
cused with Huywood were also 01 tfie
grounds. They both have their wiv he.-e.
but Mrs. Moyer ls ill at the hosplt1H7. PIr.
Moyer visits her regularly each daeft"' idle
Mrs. Pettlbone has on opport
promenade ln the grounds with
band dally.
The court house stands ln a lartil
surrounded by a beautiful lawn, fie'three
tion built at the back, but during! the day
they occupy a room In the oldfff portion
of the building connecting with tre sheriff',
office. Each day they are pc'liiltted to
go in the grounds, where they I nay pitch
quoits, toss a ball or Indulge in turn other
exercise as they desire. Durl'i; the out'
door period tho wive, visit the husband,
and other friends come ln and told confer
ence, with them. There art guards at
hand, but these render themJilvea a. in
conspicuous as possible.
ICE MEN ARE NOT. GUILTY
Missouri Jodgre Reverses t'lndtnga of
Special Conrt CoxnaiLalonev
t Kanaaa CI ;.
KANSAS CITY. Mo., pill 30.-Judge
i Walter A. Powell In the :iicuit court at
independence today handed down a decision !
; reversing the findings of special Commls-
sioner W. S. Flournoy in the so-called Ice '
; trust case. Judge Powell hold, that a
combination does exist ilimong certain
exist jhm
ice an
Kansa. City retail ice ih
restraint of trade. '
The Peoples Ice, SVa and Fuel com
pany, the Central Ice cr'npany, the Van-denllce-Lynds
Mercantfe company and
the Kansas City Brew-es compiny are
all declared by Judge 9 well to j mllty
of the charge of malf alnlng a ... gal
combination to prevent free compel, Jon;
to limit the amount ct lea manufactured
and to regulate and fx the price of Ico
ln Kansas City and ilrlnlty.
The Jacob Dold Parking company, the
Western Ice and Coldj -Jtorago company, J.
Ruddy end Thomas Ruddy, doing busl-
l ness as Ruddy Bros; ana ine interstate
Ice and Cold Storage company are declared
not guilty.
The suits originally were brought against
these concerns by I Prosecuting Attorney
! Kimbrell of Kansas City, who asked that
?Clty. i
le defe
! the franchise, of
. ..
ndants be for-
: felte(, and tne cf'upanie. be restrained!
from carrying 011
out illeg
nd ti exli
.11. B-i B.
such were fou
lr.t. Much evidence
(was taken before.Commissloner Flournoy,
who held that n Illegal combination ex-!"
1..- Pm..ftn, Kimhrell annexed from
this decision to lie circuit court. Judgo
' Powell, In handlr.f down his decision t:day,
did not Intimate hut punishment he would
1 mete out to tb four companies that he
.declares are guj.iiy.
, -I, ecr. oDroinrnT
MELLEN f SEE PRESIDENT
Hallway Bl..te to H.v. Conference-j
with Clilef Executive Thl.
Morning,
WA8HINfJn'ON. Aprlf SO. President
Charles 8. l .llen and Vlir President T. E.
Byrne, of lae New York, New Haven St
Hartford Kilroad company arrived here
late tonlgt: and will cU on President
Roosevelt - it 1" o'clock tomorrow morning
tn diHcusa - II road matters. Mr. Mellen re-
. fUBei ta c.scuss the conference other than
: that he lad an appolntmeit to meet the
, president In the morning and that he came
at the p-fealdenfs request. He wa. aakej
that If : he question of tie capitalisation
' . .. - .. . i ,, .
una vacation 01 t:ie new rinvtn roan a
I property would
conference, but
nit be thy subject of the
he avoiJel answering the
TWELVE PAGES.
COMPLAIN OF UNFAIR RATES
Eontli Omaha Coopers Eave Cue Eefore
Interstate Commerce Communion,
ALLEGED COMPETITOR IS FAVORED
Aceoaes Dnrllnaton and Trnnesaee
Road of IHacrlnilnHtlna; In
Hatea for Concern at
Keokuk, Iowa.
On the plea that the Rurllngton and
Nashville. Chuttanooga & St. IOuls rail
way have discriminated against it and In
favor of a competitor of Keokuk, la., the
Omaha Cooiierane company of South
Omaha had a hearing yesterday before
John H. Marble of Washington, as special
examiner for the Interstate Commerce com
mission in the federal building. The ex
amination was concluded at 4 p. m., and
the attorneys advised to submit brlefi for
final hearing in Chicago May 3.
The Omaha Cooperage company chargei
discrimination in freight rates on foiest
product shipments from points in Tennessee
to South Omaha.
The Interests of the Omaha Cooperage
company were looked after by Attorney
Ed P. Smith of Omaha; those of the Nash
ville, Chnttanooga & St. Louis and the Illi
nois Central companies by Attorney Per
kins Baxter of Nashville, and thOBC of tho
Chicago, Burlington & Qulncy by J. E.
Kelby of Omaha, General Freight Agents
Barham of the Nashville road; C. E. Spens
of the Burlington and Charles T. Cameron
of the Illinois Central. The official ste
nographer of . the hearing was James R.
Wick of Topeka. Kan.
The hearing began at 10 a. rn. with
M. D. Welch, general manager of the
Omaha Cooperage , company, as the
first witnesB. He Said the plant had
been ln operation about seven year, and
was engaged in the manufacture of all
kinds of cooperage, with a capacity of 1,000
or 1,600 barrels dally, and the products of
the concern were marketed mostly among
packers and distillers, with shipment, out
eldo of Omaha to Nebraska City. Bt. Jo
seph, Kansas City and Sioux City. The
principal competing point for the Omaha
conaern ls at Keokuk, Ia. The great bulk
of the material, consisting very largely of
white oak staves. Is received from Arkan
sas. Tennessee, Mississippi and Kentucky
points. His complaint maintains that his
South Omaha plant ls unjustly discrim
inated against In the matter of freight
rate. In favor of Keokuk from point, on
,he Nashville, Chattanooga A St. Louis
line in Tennessee, whence the largest pro
portion of his stock ls received.
Diverted to Keoknk.
"These products are bought," he said,
"from the originating points in Tennessee
on tho Nashville road to Paducah, Ky.,
from Where thev Are diverted to the I1H-
:l0,8 Central nnd thenco to Keokuk or Bt.
uua. as the case may be.
..Tn9 dlBtance from paginating point, to
Keokuk and South Omaha are practically
tne ame fcut ft dlBCrlmlnat,on ,B made ,
the Urmlna dellverIel! at Keokuk and
Bouth Omaha of from S13 to 15 per car in
favor of Keokuk. The cars are not un-
loaded In transit from Tennessee to South
Omaha, but they are unloaded while In
transit to Keokuk. The result of
this discrimination In favor of Keokuk
against Bouth Omaha effects the prick
of barrel. 2 or 3 cent, each at South
Omaha, all of which la owing to the
excessive freight. As a result, we have
been compelled to buy our material re
cently from Arkansas to a large extent,
Instead of from Tennessee, and this on
account of the freight rates. No stave
material Is produced by the etates of Kan
sas or Illinois, and but a small amount In
Missouri. The world's supply of white oak
for barrels ls obtained from the states of
Kentucky, Tennessee. Arkansas and Missis
sippi." .Mr. Welsh fortified his testimony with
numerous freight schedules, bills of lading
and expense sheets, which were made a
part of the exhibit.,
Testimony Is Prepared.
General Freight Agent Barham of the
Nashville, Chattanooga & Bt. Louis Rail
way company, from Nashville, wa. the
Mcond witness. Mr. Barbara' testimony
wa read from question, and answers al
ready prepared. He said:
"The rate from Hollow Rock, Tenn., to
Bt. Louis was less than the sum of the
locals. There was no through rate from
Hollow Rock to Bouth Omaha and the rate
from that point to Keokuk and South
Omaha so far as the Nashville road was
concerned was the same, but recently rates
had been lowered to both of the nnim.
The through rate. In each instance are le.s
than the sum of the loca rates. St Louis
was used as contributing a a rate making
.xlnt ln the Nashville road tariffs. The
through Joint rates are made on a basis
of Chicago, the lowest combined rate being
given. The Nashville road does not pub
lish a through rate to Bouth Omaha.
Revennea on Keoknk Traffic.
"The revenue derived from the Keokuk
traffic from forest products to the Nash
ville road are the same as derived from
South Omaha, never more nor less. If the
rate were lowered to a discrimination In
favor of South Omaha a. against Keokuk,
it would Involve a complete readjustment of
rates ln all territory tributary to the Nash
ville road. The basing rate to Bt. Iuls
and East Bt. Louis ls precisely the sjime.
The rate, from Hollow Rock to South
Omaha are not unjust nor unfair. The
cpBt of transportation for. short distances
ls relatively more than for longer dis-
j tances. The process of gathering emptl-s
j ls difficult and costly. The rates to South
, Omaha are as low ns can be Justified.
There has been no c om plaint of unf At me ah
.. rr-l.. t 1. .v.- .
u" lu """" 10
, ' , "n,' "
, ln8
territory of the Nashville, Chattanooga &
St. Ixiuls road. There is no discrimination
whatever against South Omaha."
Thinks Rales Reasonable.
General Freight Agent Charles T. Cam
eron of the Illinois Central said:
"I think tne jo-ceni rate rrom i-aducah to
Bouth Omaha Is reasonab.e and Ju.t and
I will favorably compare with other rate.
from competing points by other roads to
I think the 16-cent rate from Paducah to
Omaha and South Omaha. I understand
the rate from East St. Louis to Omaha is
10 cent, which ls the same rate from Cairo
to Chicago and from Evansvllle to Chlcag .
We do not make the rate for the Nashville,
Chattanooga & St. Louis road."
C. E. Spens of the Burlington wa. th
final witness. His testimony was In effect
that the Burlington had a rate of 10 cent
from St. Louis tu South Omaha, as coin
pared with a rate of 5 cents from St. Louis
to Keokuk and that the position of the
Burlington was not difficult to defend. The
distance from St. Louis to Omaha was 458
mile, while that from St. Iouis to Keokuk
was but 172 miles. He said the earnings
per ton per mile from 8t. Louis to Omaha
on the basis of 10 cents were 4.4 mills, as
SINGLE COPY TIIHEE CENTS.
,cle
FOR THE INDIANS
CommV .
tier I. eta Contracts in
opply Aarnrlea In the
Korthvreat.
(From a Staff Correspondent.)
WASHINGTON, April 3' (Speclil Tele
fnani.l The actnle cnnrnNloner of Indian
ffTnlrs today made public tho nnnes of the
successful Hdd-r for live stix-k for In
dians at the various r-servatlons. Tl ere
were thirty-five bidders, the fallowing be
lns successful: Charles J. Hysham. South
Omnha. 1.137 heifers at K"! for the Santee
.gency. Nebraska: Thomas A. Coffee, M r-
rlnm. Neb., for Pine Ridicc agency. South
Dakota, .1:: n.llk rows nt W b'; Stephenson I
T. Naprier. Norfolk. NVb., R(-10 heifers,
prices rnnglne; from $21 T. to t"3 M per head,
for Rosebud arer.cy: f.-ir Standing Rock
apency. North Dakota, Bt4 m.tres at 1177
each; for Cheyenne River agency. Sooth
Dnkota, 2.0)0 heifers nt J32.70; for Fort
Peck agency, Montana. 4 stallions at t-"'ii
and 20 bulls at 173. Harry K. Smith. Fair
field. Ia., to supply Pine Ridge agency
32$ mares at prices ranging from $114. S5 to
$149 W. He nlso secured the contract to
supply the sanr agency with 231 balls at
price's rnnslng from $34. S5 to $.'!. 40 and to
furniah 2m1 heif.rs to the IjOiver Brule
iigoti"y. South Dakota, nt $21.85 per head
Chafles C. Judv, Tnllulla. III., to supply
Pine Ridgn agency with fl.TRO heifers at
$J2..ri; 135 bulls at "9.5'': Rosebud acency.
1.1 bulls at $13.25; Standing Rock nrency.
North Dakota, 24 bulls ut $1.1; Cheyenne
River agency, 50 bulls at $f4; Crow Creek
Hfcenry, 57 bulls at $J4; Santee agency, 40
bulls at Jfil
W. F. Cody of Codv. Wyo.. today was
granted a special permit by the forest ser
vice to occupy not exceeding five acres of
land nnd a ten-room log building for the
purpose of conducting n hotel for the ac
commodation of tourists in the Yellowstono
national forest reserve.
Homer C. Reed of Rapid City. 8. D.. has
been appointed forest guide in the Black
Hill national forest reserve.
Rural free delivery carriers appointed:
Nebraska Plaltsniouth. route 2; Charles E.
Crablll, carrier; Marvella Ilowland, substi
tute. Iowa Barney, route 1: Samuel H.
Gardner, carrier; William A. Gnrdner, sub
stitute. Sioux City, route 1; John P. Pugo.
carrier; Harry L. Page, substitute. South
Dakota Lennox, route 4; John G. Schutjer,
carrier; Margaret Schutjer. substitute.
Mount Vernon, rout-? 1: Fred H. Marcy,
carrier; John W. Constable, substitute.
Georgia Steel has been appointed post
master at Dalton, Plymouth county, Iowa,
vice R. C. Steel, deceased.
The poBtofiice at Afton, Box Butte county,
Nebraska, will be discontinued May 31.
The name of the postofflee at Bovine,
Lyman count. South Dakota, line been
changed to Van Metre, with Thoma. H.
Hill a. postmaster.
A postoftlee has been established at Cot
tonwood, Stanley counly. South Dakota,
with John I. Howe as postmaster.
LINING UP AT LAND OFFICE
Rnak to Necnre Lands In North Plntte
Thrown Open to Settlers
Today.
I
NORTH PLATTE. Neb.. April 30. (Special
Telegram, i -Tho hun-.esteid rush 13 on ln
earnest. Th city ls full of homeseekers,
numbering 300 to 400. Probably a larger
percentage of home seekers have visited
the land and made selection, than on any
former opening here. Usually a quarter of
the entrymen have visited the land. This
time fully three-fourths of the homeseekers
have examined the land and made, selec
tions. All are eager for tomorrow, when
each takes his chance for a home. The
hotels, restaurants and rooming houses are
overcrowded, and lt is hard for a stranger
to find shelter for the night. It ls likely
every piece cf vacant land will be taken.
Score, of contests are being filed against
fraudulent quarter section entries filed dur
ing the past few years by cattle organiza
tions. This opening sounds the death knell for
the cattle baron in the territory now
thrown open ln Deuel, Keith and Cheyenne
counties. Already 1U0 men have gathered
at the door of the land office and will tay
until the office open. In the morning at I
o'clock. Borne have their pocket, filled
with crackers and other food.
W. J. ROBINSON DIES AT LINCOLN
Superintendent of Rnrllnarton Depot
ln Omaha Soecnmba to Stomach
Trouble.
LINCOLN. April 30. (Special Telegram.)
W. J. Robinson, superintendent of the
Burlington depot at Omaha, died at the
IJncoln h tel here tonight of cancer of the
stomach. Mr. Robinson hud Just come here
for medical treatment. lie was about 50
year. old.
W. J. Robinson had worked for tho Bur
lington for the last eighteen years and oc
cupied the position of trainmaster, and as
such was In charge of the Burlington depot
in Omaha. He had no relative. In this vi
cinity and lived at the Albion flats, on
Tenth, JUBt south of the Burlington depot.
He had been suffering for some time with
cancer of the stomach. Mr. Robinson wa.
about 60 years old.
TWO WOMEN KILLED BY CARS
Resident of Dakota Town Are Struck
by a Trnln ar
Kiiiiruiont.
EDOFMONT. B. D, April 81 (Special.)
A coroner's Jury ls Investigating the cause
of death of Mrs. Joseph Wilson and Mrs.
i F. M. Blltrick. who wera killed by a Bur
' llpgton train while riding on a handcar.
! Tho women had started from their home
' at Marietta for Edgemont on a handcar
taken from the section house, Mrs. Blttrlck
being the wife of the section foreman.
About half way to Edgemont they were
overtaken ty a freight train. Mrs. Wilson
j uutllipiru 10 jiioifj, imi whs SITUCK on the
head by the lever of the cur and her skull
i crushed. She fell Into the ditch dead. Mrs.
j Blttrlck fainted and fell In front of the
j train. Both legs were rut off, the engine
and several cars passing over her, a th
engineer could not stop his train after see
ing the women.
SUIT AGAINST CIL COMPANY
Petition Filed Asking that Standard
lie Barred from DolnaT Una.
Ineaa In Ohio.
FIND LAY, O., April 30 George H.
Phelps, late this afternoon filed a peti
tion in the common pleas court asking
that the Standard Oil coiiipany and lis
ubaldiary companies be enjoined from
doing buslnes. in Ohio.
It Is understood the tnjependent oil pro
ducer, are back of Phelp. and the Inde
pendents offer to furnlau bond In the
FIGHT FOR JOIXTRATE
Lumbermen of Nrihwett Complain of Hill
sud Elarriman Lint.
APPEAL TO INTERSTATE COMMISSION
fiailroadi Be'ii'e to Intrrchar.pa Business
at iortland, Orecon.
ASK FORMAL ORDER FOR THROUGH RATE
Twent3-Fi Thousand ( nrs of Lumber and
ihiniles i'.wa liiu h puaect.
NINETEEN ROADS U, M.U IN CoMFlAINT
Alienation that II Is Practically
Impossible to Milp Washington
I'rudmta East of the
Cascades.
WASHINGTON, April 30. Rlvulij be
tween the Hill uiui liHiTlma.il ruilioad hut'.'
111 the noiliivtcoi tin. illy has culminated in
the presentation ol the matter to the In
terstate t iiiiiiert e commission. For sev
months lumber dealers ami manufactur
ers in Washington put tlcu.ai iy, and In tho
1'uget Sound territory gem-rally, have com
plained informally to the commission that,
owing to the refusal or the Hill and ll.tr
r.man lines to mulie them through rate
and Joint rates they were unable to get
their products shipped to polnlB east f
the Cascade mountains. Finally It was
suggested that they Institute proceeding,
under the new rate law to compel the rail
roads to make such throuxh rates and
Joint rates, ln compliance with the sug
gestion the Paclilc Const Lumber Manu
facturers' ussociutlon, the Southwestern
Washington Lumber association and the
Shingle Mills' bureau today filed a com
plaint with the commission against tho
Northern Pacific, the Great Northern, tho
I'nion Pacific, the Oregon Short Line and
fifteen other railroads, requesting the com
mission to Issue orders providing that the
railroads shall make through and Joint rates
on lumber products from points In Wash
ington, via Portland, Ore., to points enrt
of the Cascade mountains.
It Is stated ln the petition that there ar
417 sawmills In western Washington with
an annual output of nearly ? ""i.ooo.flflfl feet
of lumber, and that there are 153 shlngla
mills, with an annual output of more than
14.fXfl.0O0.O00 shingles, all of them represented
by the complainants. It ls alleged that
there are now awaiting shipment from that
territory not Icbh than ?G,onO carloads rf
manufactured lumber and that the annual
output of such lumber from that territory
Is not less than U0,(X carloads. It Is al
leged that the defendant lines refuse to
Interchange cars at Portland and It Is
thus rendered Impossible to get the lumber
products to market.
ENTOMBED MINERS RESCUED
Men Imprisoned In Pennsylvania Mlue
Fonr Daya Foand lu Good
Condition.
PITTSBL'RG, April 30. After being en
tombed since last Friday noon In Berwlnd
Whlte Coal company mine No. 38, at Foust
well. near hero, the seven miners who wero
shut off from the world by a sudden rusil
of water caused by the breaking of a wail
of an abandor"'! mine, were rescued at 13
o'clock tonight. The men were greatly ex
hausted. Owing to their weakened condition it was
decided not to bring t' em out until after
the mine had been drained. , -
The men were reached "'".-if) o'clock by
Stlney Rodon aiia'jV''res Ream, who mad 1
a dash through' tit ty feet of water-tilled
heading. Earlier in the day John Bolya,
brother of tne of the imprisoned men, and
three comrades, made a futile attempt to
reach the men. They came back half
drowned and reported that portion, of lha
heading were still completely filled with 4
water and that more pumping would havo
to be done before the imprisoned men could
be reached. The efforts at pumping were
then redoubled. At 10 o'clock the wat r
had o far gono down that It was resolved
to make one more attempt to break
through to tho overcast, where lt was be
lieved the unfortunuto men were .till alive.
Stlney Rodcn and Charles Ream volun
teered for . the service. Over an hour
elapsed before either man was heard from
and then Ream came swimming baclt
through the heading, bringing the first
news from the imprisoned seven. The ef
fort hnd nearly exhausted Ream. He re
ported that the seven men were alive and
all In good shuie, but until more pumping,
was done the passage to the place where
they had taken refuge was impassible to
those who could not .wim. Then it wa.
resolved to let them remain where they
are until the heading had been pumped out.
Ream And his comrade carried to the Im
prisoned men simply a flask of brandy and
a little water. He reported that Mike Holy
had, since the breaking of the wall, between
the abandoned working., been In charge
of the movement, of hi. comrade.. Bolya
Is acquainted with every turn of the mine.
When the flood broke out he led hla com
rade to the highest part ln the heading,
where the overcast was situated. I'nder his
direction each man, before fleeing, tz'.iei
his lunch basket. When they arrived at
the overcast every lamp but one wa. ex
tinguished, and one by one the lamp, were
earh burned out until when they were
reached by Rodon and Ream there wa. but
a fluglo light rcmulrinr: and that ln danger
of running low nt any time.
When stock was taken of the available
supply of provisions it was fi und that three
baskets were but half emptlod. This scanty
store of rations was husbaned until Mon
day morning, since when the men had had
nothing to eat. Durimr lhe whole time they
huve gone without water, fearing to drink
tho water from the abandoned workings.
Ream aid that at the place where the
men had n utit refuge there had been a
Bjppiy t ties left for ti.'u y-layipg purpose.
With these Bolya Bud his comrade, had
hulit a platform, uion which they had
soupht refute, and when found there they
were not only lilgh, but dry.
The rescue was ft' ' ted mueh Burner than
even the r.ioBt frtlt"li-t!c liiul expected. Ltie
this sfternocn the largest pump broke. This
fact, together with the failure rf the rescue
I arty headed by John Holy, a brother of
the Imprisouel man. hud caM down !ie
hones rf those who htd be. n eriraijed In tho
struggle since Saturday.
IVrrcli on tieent Niirt ern.
ST. PAI'I.. Minn. Aiell ret rt
f
the CJriv.t Nerthern r;.l r ! hcadipjarlet s
here riys that p ts.-entj-r train No 1 was
derail' ! at 45 o'clock last t irfhl, two mlies
east ..f Mldvule, M'.nt The entire tialn,
with the exception of the er.glne snl a corn
partment car, was derailed. , mill rierk-
jH-4J.-;..w!-l-('.'i",,"
V f A . lqucstjkT-
r
I
1.'
