The Omaha Daily Bee HEWS SECTION. Pages 1 to 12. VOL. XXXVI XO. 203. OMAHA, SATURDAY MORNING, MAY 23, 1P07 TWENTY PAGES. SINGLE COW THREE CENTS. A Papao for-ttw Haw the om Ail a. aim: I Best A". West ) ATTACROX STANDARD GtiTrnmnt feeks to E? Cil Coabin i'iT BIG S3 IN ST. PAUL COURT Bill Allecei Cotcp racy on Fart af Rocia felltr, Ecren, et al. COMPANY FILES Ell CF EXCEPTIONS .1 Seek, to El:micate All Alleeed Acti , Frier to 1899. GREAT AS RAY CF LWYtR3 ATTENDING Hello, rrr ana Uorrltoi ipprnr f.r the Uitrnmril-JotMH, Mlluurn and Priest Repre sent Defense. PAUL. May It Not since the last .ui.ifMi were ma do in tie lumoui North t.n u. unties cuse In the United Slates .cut couit l.cre about three years ago l.as tl.ore been so notod an array of lawyers k aipoLyd In that court at 10 o'clock to day In li t cae of the United Static against le S.uiKlaiJ OH company of New Jerry -:..l It ulilcJ corporation. Judges 6an-i-orn, Vundowntcr, Hook and Aflami were :i the bench and tin- mater broug'.t for Ir cuiifcldta;i ,n was a bill of exceptions 1il"d by the Standard Oil oomph nr against t: c government t complaint, which seeks to 1 n-e the Standard Oil company arid Its 5 verity other companies declared an unlaw : .1 coinblnotlon In restraint cf trade and o have the combination dissolved. Prank B. Kcllogs of this city represents i:.e government and he made the principal crgu-oiit. He was assisted by M. D. lardy, assistant United States assistant attorney, and C. 13. Morrison of Cliloa.ro. Tbe Standard Oil company was repre Ki'.ol by John T. Johnson of Pittsburg, Joi n a. Mllburn cf New Tork. Goes Into History of Company. The complaint which was filed a number of months ago in St. Louis, tela up well kicer. allegations against the company end goes Into extensive details concerning various offi ns;-s. which it is alleged the com pany l'.as committed. The complaint begins with the Inception of the trust; allows the relations which John D. Rockefeller, H. H. Ropers and others of the Standard oil group bore to eaih other prior to IKs), when the F.andard Oil company waa organized as a holding company; shows how these men tr.or to tliat date held the stock of rab- sdiary and relate5 companies as trustees and shows bow In 1K9 the Standard Oil company waa formed as a holding com pany to take over the subsldary and rsjated enmrviles for the exrires. purposes of currvtng on the methods of business which l ad been developed by Rockefeller. Rogers and tha others as trustees. Tie purpose oftlie Mil of exceptions la to narrow the Irsue In the cae to charges nAinst toe stannara uu waiimuj. ur.u e back not further than 1S, when the rrpany was o-pnutwd. The company s exceptions and object to all those parrs f the complaint that ahow tbe original i 'leijed eorspiracy of the Standard oil trust. vhlch preceded the organisation or me Standard oil holding company. Standard Files Objections. The bill of exceptions makes something lika fifty objections to the complaint, the purpose cf ell of which Is to narrow the Issue by eliminating all parts of the com pla'nt ll-at refer to the business methods of liockefeil. r, Rcgers and the others as tru sloes prior to l'.S9. TV ruling of live Judges on the bill of ciut'ptlmn will not determine the final out i ouie cf the government's case, but tha u Ices will determine whether the com plaint shall stand as filed or whether K shall be amended in any particular, as fle manded ly the Standard oil attorney. If the derision of the Judyes la with the gov ernment, then the case will proceed alonaj t':a lln.s hrrctcf jre outlined by Mr. Kail": M'. n ison and Mr. Purdy. If the con tention, set forth by the Standard oil at torneys in the bill of exoeptlons ars up held In any or .all particulars, then It will be necessary to amend the complaint to corform with the ruling of the court. In either event the next stop In the fight ocalnst the Standard Oil trust will be the tuning of testimony in sutwtant lutlon of allegations set forth lit the complaint. Attorney John O. Johnson began his at tack on the government's peisltlon by read ing what he termed lmirtinent matter In Nno bill of complaint. He said the govern merit charged the Standard OH company wltii committing acts which were long in jt past, of which the court could have ne c .;nl7unce. Mr. Johnson askod that all citations and copies of contracts or other enrofnents entered Into by the Standard prV r to 1SS be strtt ken from the bllL Attorney E ' T. Kellogg for the com plainant contended that the origl il form of the Standard Oil trust agreement was still kept alive by the present organisa tion and In order to show that the Sher r..n anti-trust act was violated It was neo ensary to ahow up the history of the com-I-any from the beginning, as It was as ba4 now as It was tn the beginning. Trul nominated by Oss Head. The trust agreements extend from one cPT'nry to another." he said. "They show tvst the original Standard Oil trust, which was deolsred Illegal, was dominated by the same president, the same directors, the same board of trustees and 01.er9.ted In restraint of trade, and Is a monopoly anl Known as the Standard Holding cor poration, which Is but a subterfuge. Are we not e ir.g to be allowed to tell Its whole h'stnry? Must we fx a date and chop iff our allegations there and be al lowed to go no further back than 1J! If that Is t" be our limit we might Just as well stop and say the Standard Holding corporation exists and !et It go at that. We allege it is all one conspiracy; that t'.e defendant got control of the oil ln cu.try of this country, of the railroad tr iir.lnuls by cortrat-t. and that It gave re- ? baira. crushed competition and la a mo nopoly. Are w not to be allowed to ahow bow ties contracts carry over from one company to anothtr It Is more Impor tant to us to show the means nsed to crush cut a competitor before is. than It Is at the present time. It is said tl at the trust do.s not exist now. It does not need to exist now. "The contracts entered Into, the rebates g'ven. tLe eon'rol of terminals of railroads yarned, all tended tuward a oon plete con ul of the oil business, so that at present It Is not necessary to maintain a trust tn vrsikgution of the .law. Because these acts ante-date 'M, shall w not tae the r?rt to show that three contracts these li.-U.tes. constitute the conspiracy In re s'.raw.t cf traJe, and Is it not our duty to athge it sprclflcallj?" Mr. Kellogg then went Into the soatler f .. sVt?sttv wow4 Pk-4 SUMMARY OF TEE BEEl . i atwrder. Mar . MO?. 1007 MAY 1907 sua -cm rut wto rs rai asr '( i I I 2 3 i 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 )20 27 28 29 30 31 TXS WlaTSEB, fOREOAST FOR N HTBRASKA Pho'rera Saturday and cooler In south portion; Bun uay, fair and warmer. FOHKA'APT FX)R 10'A Showers Siitur- day and cooler in southwent portion: Sun day fair and warmer In west, showers in etest portion. Ternoerature at Omaha: Hour. ieg. Hour 1 p. m..., I p. m..., 3 p. m 4 p. m S p. m... p. m 6 a. m 61 ... ai C a. m 7 a. in i a. in t a. ni 10 a. m 11 a- m 12 in . en . 60 . 60 . tl . 62 . W 7 71 7 p. m .v tl p. m sT p. m f DOXXSTXC. Commiaaloner Anthony, In his report cf the Investigation of the oil trade of Mis souri, sustains Attorney General Hadley In every particular In his contentions against the Standard, the Waters-Pierce company and the Republic Oil company. Fags 9 Condition of Mrs. McKinley continues to Improve at Canton, and physicians hope for at least temporary Improvement. Fags 1 Trial of the suit of the United States against the Standard Oil company and subsidiary concerns, whi-.h seeks to have tha combination declared unlawful, is begun in St. Paul. Fags 1 Mrs. 'W illiam McKinley rallies slightly, but her condition is still (eloub. Hr physicians, while encouraged by the lm proiement, say the end may come at any time. FTS 1 First half of special venire at Boise yields but one Juror and one prospective Juror Seven peremptory challenges re main unused and another venire will prob ably be necessary. fags 3 Argument In the Eddy case ends and tbe court orders all affidavits and cita tions filed by Tuesday. Ffcga 1 The general assembly of the Presby terian church will meet next year at .'..re rttv The fLRnemhlv &dlourned sine die after adopting the report of the ! standing committee on temperance with out discussion. Fags 1 San FYanclsoo grand Jury returns eighty-nine Indictments In the traction bribery case. Fifty-six of them are against President Calhoun and attorneys of the United railroads. Sixteen are against Mayor Schmlts and fourteen against Abraham Ruef. Fags JTZB&ASXA, Interstate commission asks Nebraska commission ror its views oi oesi rnmiuu j of apportioning earnings of railroads to the portions of the line In each state. Auditor must Issue warrant against mill levy for university in advsnos of coUec tlon of school fund apportionment to the various counties. Fag S Influx of settlers in Kimball county has been the means of taking up all govern ment land and settlers are preparing to enforce the herd law against range cattle. Fags a X.OCAX Statement of earnings of the Union Pacific shows an Increase of over T2.000. 000 ..et In nine months. Fag-e 17 Health Commissioner Connell has pre pared an ordinance regulating the sale of milk and providing severe penalties for the venders of Impure product. Fags 14 Rev. W. S. Fulton, who comes to Omaha as pastor of the Westminster Presbyterian church, says Pittsburg is not the modern Sodom it Is sometimes picture. Fags 17 Members of Grand Army of the Repub lic and school children will observs Juns 14 as flag day and programs wlft be rendered In the various schools. Faf-s 17 Commandant Burnett of Blees iiuitary academy denies statement as to trouble at tbe academy made by Arthur Store. Fags ao SPOUTS. Flndlay 8. Itouglass and Jerome D. Trsvers will ptoy final round for Metro politan golf title at Nassau Country club today. ags Spectators of Graveeend hiss decision of Judges on first race. Miss Angle. II to 1, won a close victory from Gold Fin, 4 to 1. Results of the ball games: 6 Omaha vs. Pes Moines I. 10 t-loux City vs. Pueblo J. 7 Hoston vs. New York 5. Brooklyn vs. rhlladelphls 6. i Pittsburg vs. Cincinnati 2. V Detroit vs. Washington I. 4 botun vs. bt. lou'.s 0. i Cleveland vs. Philadelphia 0. 6 Tolt do vs. Columbus 2. I Louisville va. Indlass-polls 5. a st. Paul vs. Kansas City I Fags rarAjrcxAXi ajtd arsuaTKiAX. Stocks and bonds. Fags 11 Live stock markets. Fags 11 Grain markets. Fags 11 FIGHT M0VE0F PACKERS C Lemls Live Stock Eirktife Asks that Shipments sf Cows Be Held Back. EAST ST. LOUIS, HL. May 24 A meeting of the Live Stock exchange, composed of ! about twenty-eight comm.a.ion firms, was held at the National Stock yards today for discussion of the new rula that applies to all packing house centers In regard to;.", ,Z " " " l JlL. the postmortem examination of cTw, and vi n? JZ- Heifer, and the possible rejection of car- I " ' Jt TorST thJ "ani cass,.. A resolution was adopted that ' lrrZZ ther refua. to sell cow, and heifer, under I ? . - -. . tl. re.trictk.na 1m nosed by the nacker. the rtrlctk.c imposed by the packers. Letters to hundreds of shippers all over u.e soui.i. soumwesi ana west were sent out after the roeetlDg advising that this . .. . class oi siovK oe neia oacs uniu u.s con- , ers have issued a new rule to go into effect next Monday stipulating that they will de cline to buy cows snd heifers sxtrpt with the right to reject after killing. SNYDER STRUCKBY TORNADO Oklahoma Town Said to Have Been wept Away Asala by toraa. SVTDER. Cel.. May M A tornado of aroall proportions here early today caused more or less damage to property and de stroyed eommur.tcetione with the outside world for several hours, ths wind tearing down many telegraph wires and pules. There were no casualties hers and as far as known thore was no loss of Ufa In tK. Jjrooh e! ttf tero4a U) aVis t fcr$ NEXT YEAR AT KANSAS CITY Presbyterian General Inemblj WEI Bold nt Ens on in Weft. REPORT ON TEMPERANCE IS ADOPTED II Attes-pt Is Mad let Ressea Con flict with Aatl-Oaloww Isrst Kenrly rive Millloa Dol lars) Halved. COLUMBUS, O.. May M. The 119th gen eral assembly of the Presbyterian church concluded Its work today, crowding Into the two lot sessions a vast amount of routine business, much of which was of great Importance to the church. The-' was no renewal, as had been exiect?'' o the temperance controversy. On tv trary, the report of the commltte vy.i perance was accepted wtthout a dissenting vote. LT. E. R. Worrell, one . . eecre- the work jtw and de .which the commit clared there was . or purpose to antaermlxe the an. jon league, that both organisations hau their own spheres cf usefulness and that they would en deavor to co-operate. Lest year the per manent temperance committee rneelved and expended over tltOC In Its work and the assembly today recommended that It be I given IS.nno during the coming year. On the general subject of temrerance work, the assembly adopted a resolution express ing Its "hearty approval of all temperance organizations, whatever their labor In oppo sition tn the riant evil of Intemperance." The assembly dee'ded to meet next year in Kansas City, Mo. The afternoon session was occur'f'l 'n cVarlne- up the work of the assemblv. The flelopates to the council of the reformed churches In America holfllnir the Presby-ter'-i svptem were annoiroecJ among thm being the following: if it-trt.rcTo serve thr" yea- Rs"'""'l T V1choi' Pt TTit: two , Jov" Pslom Phsw fVtrnro. (in Tvnwi TiPv Marvn Mo one year, William H. M-KlhVen. rnc1nna1. Ttrmpn Two y--s Tyonls A fn-nr''". Chlcar-o; on" year, T. H. Pnrrln. Alton PI Colored yod Established. The assembly established the colored sy nod of the Canadian Tn Oklahoma, It be ing represented that the negTO members of the church In that section desired a sepa rate orranlxntlon. The committee on church polity ruled with retard to territory where differences of race or lnr.gtiape make separation de sirable that when a petition for a separate prrtytery or synod Is presented, the same shall be granted, snd It shall not be neces sary to secure the consent of other mem bers of the church in the same territory. The assembly adopted a reply to the members of the Cumberland Presbyterian church dissenting to union, who recently or ganised an assembly at Dickson. Tenn., re gretting their refusal to comply with the decision of the Cumberland branch. To the charge that the Presbyterian assembly had abandoned the Westminster confession of fslth, the reply stated the church had ot heard of It, md that It was not rue. On the question ef transfer of property of the Cumberland church, the reply states! that the Presbyterian general assembly has j no desire to take over the churches of those .. . . .... . - .- congregations which dlBsented to the union, Xearly Five Millions Expended. The finance committee reported that dur- ing the last year J4.60P.ftl had been received for the use of the various boards of the church. Rers, Marvin Eckels, Joseph W. Cochran snd E. T. Hill and John H. Dingey, Esq., were elected members of the board of trustees. . The committee on nec rology reported that during the last year V4 ministers of the church had died. The report of the committee on narrative deplored the Increasing desecration of the Sabbath, a laxity in the observance of the week of prayer, the growing restlessness in the pulpit and consequent shortening of the terms of pastorates and an Increasing concern over the use, nf untrained laymen In duties which properly belong to ministers, declaring that danger lurks In the practice of calling men direct from the pew to the pulpit. The report of the committee was adopted. A message of greeting was received from the United Presbyterians in session In Den ver, tn which It was expressed the desire Uiat the bonds between the two churches be strengthen e4. The aaserubly then adjourned sine die. SUCCESSOR FOR DR. GILCHRIST Rev. R. X. Hatehlnsoa E looted Mis sionary Secretary of I'. P. Chnrrh. D ENTER, Colo., May -Rev. R. A. Hutchinson of Altoona, Pa., was elected corresponding secretary of the Board of Home Missions by the general assembly f the United Presbyterian church this afternoon, to succeed the late Dr. Alex ander Gilchrist. There were twenty nom inations for the office and Dr. Hutchinson was elected oa the second ballot. The fight over this office was the most hotly contested of the assembly. Rev. J. C Schouller of Philadelphia, was elected secretary of the board of mllts terlal relief by a unanimous vote. A num ber of Impressive addresses were made during tha sessions today. In commenting en the resort of evancellstle work, which was read toBav. Prealdent Riiaoeil of Westminster university. West Wilmington, Pa., declared that what the church ot the present day needs Is revival with a i "Vi M ijA : : -- iv.r t r k j Jcce.llfQl the .vaneellcl work must of necessity be taken up along the lines of : 7K1 ..1. r,t v...." . v - .. " 1 . m " " w during ths last year. Tomorrow there will be no session the gtneTlA aMemLy a, ,he members will j fc ovtjr ths Moffat road. TWO M0T0RMEN LOSE LIVES Head-Oa Collision of Cars oa kllehl. saa Iaterarhaa Lino Has Fatal Result. GRAND RAPIDS. Wkb. May SL Two motorrnen lost their lives In a headon col lision on the Grand Rapids, New Haves at Muskegon Interurban Una. a few miles cast of Muskegon, early today. The dead: O. D PETT8. Grand Rapids. JAMES EDMONDS. Muskegon. Mich. The Intenirbaa te a alr.gla track electric road, operated nndar a telephone dispatch ing system. Ths regular passenger car from Muskegon mot a went bound baggage and express car headon. Both car. were wrecsea sna ire two moiormeo, inclosed ln their t-arrow vestibules, suffered tbe fun force of tha crash, being Instanky kitted, ito tuw lae- trw tejurod. EDDY CASE ARGUMENT ENDS Jwdr Chamberlain Orders All Affi davits and Citations riled by Kelt Tuesday. CONCORD. N. H-. May 84 Arguments Were completed In the Merrimack county superior court today on the motion of the trustees of the estate of Mary Baker G EOdy, head of the Christian Science church, to Intervene and be substituted as plaintiffs In the suit brought by her son. George W. Glover, and others to compel an accounting of her prop-rty. Judge R. N. Chamberlain, the presiding Justice, Issued an order that all affidavits and citations In the case be filed by next Tuesday, snd his decision on the motion will be given later. All day an Interested crowd, made up tn large part of members of the Christian Science church, filled the court room. DewHt C. Howe summarised the .dvlts of his clients, making from them the points that Mrs. Eddy's trustees have de termined this case in advance; that Mrs. Bddy's son. In taking his action tn her behalf, was moved by the true considera tion and real affection; that trusts like the one Mrs Eddy recently male have been made by her In the past to meet certain exigencies, and that when these exigencies disappeared the trustee disappeared. Mr. Howe said that Mr. Streeter had taken tip all pcFll1e questions except the one directly at issue. 'The question of the benefit of this trust deed to Mrs. Eddy has not bean touched by Mr. Streeter," said Mr. Howe. "As a matter of fact, the giving of this trust deed after the suit of Eddy against Frye (the original action of the next friends) has been begun was rot only of no legal effect, but highly Improper." Among the points which Mr. Howe sought to make were that a next friend can be removed for cause and In no other way; that the court can take Jurisdiction for the benefit cf persons not found by Judicial in quiry to be non compos mentis. "Ti e issue," said Mr. Howe, "is simply this: Have the trustees the legal right to be substituted for the plaintiffs In Eddy against Frye? "Mr. Streeter substituted for this real Issue a false and feigned one, namely, do Baker and the others believe the cause of Eddy aguinst Frye to be without merit? "They say In effect that they believe the plaintiff has no ease and they swear to that belief In their affidavits. They say that Mrs. Eddy thinks as they do. She does. She thinks as Frye does snd she will think us Frye does so long as she and be stay at Pleasant View together." Mr. Howe insisted there was no evidence to show that the trustees had a right to enter into the case In any capacity save as defendants. ERIE MACHINISTS ARE OUT President of the International A cintloB Calls Men from Work Trouble Over Piecework. BIN G H A MTON, N. J May 84,-Jsmea O'Connell, president of the International As sociation of Machinists, this afternoon called out tbe entire force of the union mactiln- "t on the Erie railroad, about J.01 ron. Susquehanna, Pa., about 190 obyed tnor3er' . , . . .f"."1 WB,ca un" T " sideratlon for several months, has teen i ,.. ' . .v,- ., ! over the piece work. I SCRANTON, Pa.. May It The machin ( uta at the Erie shops In Dunmore ijult work today. The strike was In compliance with a telegram from National President James O'Connell of the machinists In Washington. At Dunmore 129 machinists and helpers walked out. ' Four hundred are affected at the Susquehanna shops. The strike is a protest against piece work. CLEVELAND. O.. May 24. The men tin ployed In the machine shops of the Erie road tn this city quit work and went on strike at 1 o'clock this afternoon. The Erie machinists at Toungstown also struck today. NEW YORK, May 24. At the offices of the Erie railroad tn this city It was stated today that nothing waa known of a gen eral strike of machinists. 'FRISCO TROLLEY WIRES CUT Tracks Are Also, Blockaded at Sons Points and Service ta Delayed. BAN FRANCISCO. Cal.. May ft -tat e today the trolley wires on the Criattanoogs street hill were cut and some time elapsed before the wrecking crew could remedy the defect and restore the street car ser- vlce- ln wverai places tne cars were 1 blockaded by barriers of cobblestones snd 1 bricks piled across the tracka Two women painfully hurt by bricks thrown ': through car windows. xnornwaii aiuuauy, assistant to rrestaent Calhoun of the United Railroads, said to day: "Ws ars running cars on practically our entire system now. The number of pas sengers carried Is increasing dally. Ade quate polios protection would enable us to have all our lines running In a short time" NO DECISION HAS BEEN MADE i Commissioner Knapp Denies Troth ot Reported Interview Concern In ST Harrimaa Case. WASHINGTON. May 24. A report was published this morning to the effect that i lre chairman or tne interatate commerce colssion, n interview with ,d'nt Roove1t yesterday afternoon. Informed the president th.t th. Inve.tlga- ' th "mm,'on lnt0 th 'h i of Harrim.n line, had practically ao- C-"'ttod Hsrrlm.n. When hi. attention ! ,v- ,, called to the report Commissioner Knano Of ! ..14. "The statement Is absolutely without foundation or excuse. The commission has taken no action, reached no conclusion and not even discussed the Iiarrtman case of late. No report Is likely to be made tor eoms time." GOOD RAINS JN SOUTHWEST Missouri, Southern Kansas aad Por tions of Oklahoma aad Arkan sas Are be nested. KANSAS CITY. Msy 91. -Good rains fen last eight In southwestern Missouri, gen erally in southern Kansas, around Enid and Cfelar.oTr.a and tn western Arkansas, according- to reports received hers by the weather bureau this morning. Three quarter cf an inch of wter fell st Ark anus City. Kan. and 14 cf an inch at Oklahoma City, and rain was still falling this moreix at those potitA. Hjitsfe good RAIN GENERAL OYER STATE Millloa Ikllsr Phcwsr it tha Efort of Welti er Foreeagler. PRECIPITATION HEAVIEST IN THE WEST Prwm Monntalna to the Lake R Ions I as4 aoathward to the Ohio Taller the w ater Comes Dswa, Colonel Welsh of he westher bureau has become so fascinated with the character ot weather ha has been enabled to produce In Nebraska during the last several days that he can't let up on it. He is doing his level beet to make good and turned loose another million dollar rain Thursday night, with Its trimmings of thunder snd lightning. The rain was general all over the state of Ne braska as usual and was heavier in the western part of the slate than through the eastern portion. At Grand Island and Hastings the precipitation was U inches and at Hartlngton 1.35 Inches. In Omaha the precipitation waa but of an Inch. Down at Auburn no rain fell at all. North ward of the Nebraska line and In Iowa the rains were much heavier. A precipitation Of 2.64 Inches is reported from Rapid City, at Albla. la.. 140 Inches; Iowa Falls, 172; at Waterloo, la., l.Cl and, at Sioux City, l.u4 inches. The rains were general from the moun tains to the lake regions and southward to the Ohio valley. Enow is reported In Tellowstone perk and west of Lander, Wyo. The rain culminated In one of the hardest downpours of the month about h o'clock The water fell In torrents, accompanied by i sharp lightning and heavy peals of thunder. The storm lasted only a few moments, or the storm sewers on the business streets would have beeen flooded. Only minor damage was reported. As Frank Rourke was telephoning the base ball score to some Inquisitive fan a bolt cf lightning struck the telephone wires and knocked the receiver from his hands and nearly floored him. An Interesting part of the proceedings was that the telephone was not Injured. The street cars also hsd a hard Jolt dur ing the storm. The lightning hit the over head wire on the Farnam street line and the overcharge burned out the fuse of all the cars along the line, which were put out of commission for a few minutes. Several street cars were put out of busi ness last evening by the lightning striking the trolley wire and burning the motors out of the cars. Aside from the burning cut , . J " of the motors there wss no damage to the . car service. Report Prom Over State. LINCOLN, May 24 A severe electrical, wind and rain storm prevailed near the town of Davey, nine miles from Lincoln, j this evening. Charles Schlitsner, a farmer, j was killed by lightning and his 7-year-old I son was badly Injured, probably fatally. ! The rainfall amounted to a cloudburst, the precipitation being placed at six inches. Cornfields and gardens were destroyed and ths country bridges washed out. The dis trict devastated is not large. ErTHERLABfD, Nth.. May 4. Speclal Telegram.) Four laches or rain has fallen and there Is no prospect of an Immediate let up. There Is excellent prospects for all crops. Including hay. EH ELTON. Neb.. May S4. (8pec1al Testerday evening a splendid shower of rain fell, amounting to almost an inch and during last night the heaviest rain of the season fell, amounting to almost two Inches more. A bumper crop of alfalfa Is almost ready to cut. All the corn has been planted and many fields are up In fine shape. Pastures which are late are doing well. NORFOLK. Neb.. May si. Dry field. In northern Nebraska and south ern South Dakota were soaked with an other welcome rain today. An Inch and a thtrd of water had fallen at an early hour, making 1 66 Inches for two days. ANSLET. Neb.. May J4 (Special.) Dur ing the last twelve hours U.ta vicinity has been visited with a general rain. One and a half ImliM fell here, and the weather looks favorable for more. Com Is coming up fine -Rain commenced falling at about 7 o'clock last evening and continued most of the I Thomas, were ari-weted. English and night, with Indications of more today. The ! Thomas having been wounded In a run ouUook here for a crop was becoming seri- j nin f'Cht iU the Pllce- The robbers ous. but now all is changed. Winter wheat, ' Bret Wared at a grocery, whtre they only four lnche. high, had commenced to stalk because of dry weather. H. L. Ormeby, local weather observer st the B. t M. station, reports a precipitation of i Inches during the twelve hours preceding 7 o'clock this morning. GREELEY. Neb.. May J4.-Speelal.)-A nice rain fell here last night and It Is still raining this morning. No more fears of drouth for this section. Farmers Ase in Joyful Mood. EUSTIS. Neb.. May 24 (Special Tele gram ) A heavy rain fell here last night. Telegraph and telephone pole, were struck by lightning and the sen-ice temporarily crippled. Burlington train, were delayed from three to ten hours by washouts. About three Inches of rain fell. It is the first good rain this spring and farmer, ars Jubilant. MEADOW GROVE. Neb.. May l4.-(Spe-clai ) After a month of drouth a fine rain fell last night, which Insures a crop of small grain. BLUE HILL. Neb., May l4-CSpeclal ) The k.ng drouth wa. broken by a two-inch rain last night. Most of ths corn has Just been planted. It Is also grest for wheat and grass. A little hall accompanied ths rain, but of no damage. BLAIR, Neb.. May 24 (Special Tele gram.) A heavy rain, almost equaling a waterspout, fell hers this evening, making Z)i inches of waterfall for today. The .term cams from the southwest and at Kennsrd, seven mile, from Blair, the Northwestern" railway bridge across the i Papplo is thrown away out of line and the I trark nenr 14 ar. ti.rilv o mo mm n quire some twenty cars of ballast to repair It. The Black Hills ncss-nser. due her st 6 o'clock. Is being held at Kennerd The rain was accorr.Dar.ied by a heavv eiw-tH.-.i storm, but had very little wind. KIMBALL, Neb.. May U Sfecial.)- Kimball county experienced the heaviest rain of the season last night and farmers are feeling good tn consequence. All kinds of small grain are doing fine and a crop Is now assured. Old timers say It was the heaviest rain In years. Very little wind came with It Raining Since Wednesday. ' EXETER. Neb., May St. (Special. ) Heavy rains have been falling here since Wednesday eight. Including today's rain fall there is about !'- Inches, and Indica tions are that more will fall this afternoon or tonight. It Is hot snd sultry. Although the drouth wss unusually r.ng and severe, no moisture hav'ng fallen In this vicinity up to Wednesday night, except one very light rain ai.d three or four snowfalls la 1 SENSATION IN KANSAS CITY Mayor Makes Serious Charaes Against Police Officials Mated for Promotion. KANSAS CITY. May 74 -Mayor Henry M. Hrnrdslr. chain:. an of the Hoard of Police commissioners, created a sensation board's meeting today h-n he pub licly ennoum-ed that the records of two men. whose names were before the board at candidates for appointment to better positions on the police force, rendered them unfit for promotion. Mayor HeardsUy Insisted that the police records be brought In and read to cor roborate his statements, but Commissioner Rosselle and Gallagher oljected, and fur ther consideration of the n atter was post poned until the board's meeting next Fri day. At the last meeting of the board Commis sioner R' 7el!e introduced a resolution making the following appointments: For police surgeon. Dr. W. A. Sheldon; Inspector and chief of detectives. Lieuten ant Daniel Aliern: police detective. Patrol man Charles Ryan. When the loard met today Commissioners Roselle and Gallrhrr called up the resolu tion for Immediate action. Mayor T-eards-ley thereupon announced that the records cf the police deparimnt showed that Lieu tenant Ahem had been suspended for drunkenness In 1!R. and thr.t Patrolman Ryan had been discharged from tbe polloe force twice, once for neglect of duty and once for sleeping on duty. Mayor r.osrdsley also read the affidavit of a citlren filing chnreos against John Hnyee, Jr., S"n of Chief of Police John Hayes, Captain W. K. Weber and Bert Rrannsn, a police detective. Witnesses calh-d before the board next Friday to testify on these charees. The msvor an nounced that he had given the city coun selor several other cases for Investigation. SIX JURORS FOR SCHMITZ Man Who Got Municipal Contracts tn Exchnngre for Campaign Contri butions Ezcladed. SAN FRANCISCO. Cal.. May 24 -Six of the twelve Jurors who will try Mayor Bu gene E. Schmlts. on the charge of extorting money from keepers of French restaurants have been finally selected and sworn, and the prospect Is that the Jury will be com pleted by the middle of next week. The feature of today's proceedings was I the examination of Talesman Charles W. Welch, senior member of the Weber com : pany, furniture dealers In San Francisco and Los Angeles. The Inquiry into Welch's , . ....... fitness to try the mayor resolved Itself Into a heated battle between Special Prose cutor Hiram W. Johnson and Attorney John J. Barrett of the defense. Welch con fessed In answering a series of extremely polluted questions by the prosecution that he had sought and obtained "the friend ship" of Abraham Ruef, the indicted polit ical boas, for the Weber company la Its successful biddings on municipal supply contracts, and that he ha colncldentally paid Ruef money several tlmoe "to help along the mayoralty campaigns of Schmitx." Welch was eventually dismissed on re peated challenge for cause by the state. An Incident of Welch', examination was the claim by him that he had contributed "continuously and Indiscriminately, as all business men. are compelled to do to cam paign funds." and that he not only had given to the campaign of District Attorney Langdon (who Is backing the whole bribery graft Investigation and prosecution), but had advised him to run for the office. The Schmitx tral will be resumed on Mon day morning. , w ROBBERS TERRORIZE A TOWN Klght Watchman shot. Another Beaten and Other Persons la- ' Jnred at Hornell, S. T. ROCHESTER, N. Y., May It An at tempt wss made early today by a gang of yeggmen to loot and terrorise the city of Hornell, as a result of which Watchman John llsr.dy wa. fHil!y .hot, Watchman I Thomas Kelley severely beaten, several cit .) I Izen. Injured and three yegsjmen. Joseph ! Carroll, Raymond English and Harry UP resmence -.. , A a nn,-n lli.li, r r. . t rw.r T ilt 1 1 f . r ,r i uiiiuj -. . ... - - - head out at a window, whereupon three shots were fired at her, which broke the windows, flying glass cutting the woman. The gang then broke into the Steuben silk mills, where they were surprised by Watch man Kelly, whom they beat Into insensi bility. They later appear at the street railway offices, where tliey were confronted by Watchman Ilendy. Firing ensued on both sides and Ilendy was fatally shot. By this time pursuit ot the robbers ws. begun. They Jumped on a moving freight train and the police and posse followed on a witch engine. Carroll, one of tha robber.. Jumped Into the river from the freight, fol lowed by a policeman, who swam HO yards snd arrested the man at the point of his pistol. One of the other robbers escaped In the direction of Canlstee. The Canistee police met them with shotguns and Thomas and English were wound! before tbey would give up . CAPTAIN BLAMED FOR WRECK Admiralty Court Reports oa Loos of Prinsessla Victoria Lutse (ear Kingston. HAMBURG, May 24-JTT.e Admiralty court has decided thst the wreck of the , Hamburg-American line .teamer Prinzes- sin Victoria Lulse near Kingston, Jan.laca. I December 18 last, was due to Captain ! Brunswig's mistaking one light for another ' and maintaining full sUarn at a time when he should not lave done so. The decision I of the court concludes with saying that Captain Brunswig neglected hi. dutic. as 1 commander of the vessel by locking hlm- :f ln hl cbln r,d comn',t"n suicide after It ran on the rocks Instead of trying to tave the ship and passengers, who, how ever, were all safely landed. DEATH RECORD. Funeral ef John A. O'Keefe. The funeral 3f John A. O'Keefe, who died Thursday morning at his home, bo North Thirty-ninth street, will take lace Monday morning. R-ju1tm mass will be oxlebrated at Bt. Cecelia s church. Fortieth and Web ster streets, at It o'clock. Mrs. John 11. Templeton, sister of the deceased, and hur husbsuid are exported from Roanoke, Va-. on Saturday. Other member, of the fam ily resld'rg at a distance will reach Oiikaba before the funeral. Interment will take place In Holy Sepulchre cemetery. RriH to Uldr for Croker. DUBLIN. May 24 -Richard Crokor has etu(g4 Johmy Rolff to ride his clmstiyj, ooTl Urby la the derby. ao4 Irish spurts WW .$vfat U OvlV ChjUt (J fa foot 1IBS. M'RXNLEY LIVES rtot Eallits S'-iebily, bst lui aj Csks at Any Moment. PASSES CCKPARATlVtlY EASY NIGHT st lUrxici CotsciouiDens for If. seat a3 Isii for Trick. DR. RiXEY ARR.VlS FROM WASHINGTON Is Bbti Tbtre it Decistd Improvement in Fu'.t;s. onmssassssssso BULLETIN ISSUED bY PHYSICANS It Says Principal Dlfflrnlty Is to Give Sufficient Xeorlsameat Mrs Sarah Duncan at Her Bedside. CANTON. O.. May 24.-lr. rorteman. al ter a call on Mrs. McKinley this morning, ltsucd tiiis bulletin. "I have found Mrs. McKinley much bet ter In every way this morning. Her heart action and circulation are better. She ral lied enough to ask for a drink of water this morning, but Immediately lapsed Into unconsciousness." Dr. Portmen added that the result Is In doubt, ss s relapse may come on at any time and her constitution Is In such a con dition thbt she can hardly withstand a severe attack. Mrs. McKinley passed a night cf rest and quiet, but at times showed Indications of seml-coTisciousnoss. Under the wstchful care of four nurses special effort Is mads to administer every possible means for her comfort. Her sttonding physician did not can un til! 11 o'clock last night, as he considered the condition of the patient such thst noth ing more could be done than nurses would faithfully attend to. This morning if was announced that Mrs. McKlnley's condition was improved over that of yesterday to such sn extent there Is hope of her survival for several days. Surgeon General Rlxey arrived today, ac companied by Secretary Cfrtelyou, who hurried here from New York. They en tered the McKinley carriage and was driven to the home of the patient. At 11:30 o'clock, after a consultation of Drs. Porteman, Ei-man and Rlxey. Dr. Rlxey gave out the following statement: "Mrs. McKlnley's condition Is more fa vorable. We hope snd believe that she will Improve. Her condition, however. Is seri ous. The principal difficulty la to give sufficient nourishment. "There Is a decided Improvement as to the paralysis, which was limited to ons arm." Mrs. Sarah Duncan, sister of the late president, reached Canton today and went at once to Mrs. McKlnley's bedside. Miss Helen McKinley. sister of the late presi dent, was unable to come because of Ill ness. BUILDING AND LOAN MEETING State Association Which Meets t York Is Largely Attended. YORK. Neb., May Special.) Moral burs of the Nebraska State League of Lo cal Building and Loun Aesoclatioua, coin ing from all over the state, gathered In tbe parlursof the York Commercial club rooms to participate in the sixteenth annual meet ing. The officers ol the association are: G. M. Nattlugier, Omaha, prustdont; A. TruesdalL Fremont, first vice prea!dnl; IL A- Graff, Seward, second vice president; George A. Scott, Columbus, third vice pres ident; Elmer D. Li nun, Omaha, secretary treasurer. The delegates wtrv met at the depot by ths recei4ion committee and escorted to the Commercial club rooms. At I p. m. the meeting was called to order by the president. Hon. William Col Lou, uiiyor ef York, In an address of welcome asked the members to consider that they were at home. A. Truesdale of Fremont made a happy response along the line of workings and benefits of building and loan association work. The report of the secretary-treasurer showed a healthy and substantial growth. The paper of William Balrd was read by George F. Gil more of Omaha and ths gen eral discussion of the same wss led by G. W. Nattlnger. president; G. F. Gllmors of Omaha, A. Tru. sdale of Fremont, W. Q. Harrison of Blair and G. R. Read of Task. Hon. E. Royce. secretary of the Nebrsska Banking and Loan Association board of Lincoln, prepared a paper on ths "Merits of Loan and Building Ansoclatlona," which was read by his secretary, N. R, Per slnccr of Lincoln. This waa followed by a paper by W. W. Wyckoff of Tork on the "Benefits Derived From Building ar.d Loan Associations." Mr. Wyckoff'a paper reviewed the twenty years' work of the York Building and Loan association, ln which hundreds of homes have been built by wage earner, who pre viously bad not accumulated any surplus, but who were assisted by tbe Building and Loan association and today, tt Is smarted, tberd are more property owner, living In the dty of York than tn any other city tn tbe United States of its sise. The evening session of ths meeting was called to order by the president, who asked B. Hoffman of Havelock to explain to the association how Lancaster's arsersur as sessed theloan association at Havelock. The taxing of building and loan associations Is a subject that every association Is In terested ln, and delegates from different associations over ths state told their ex perience with assessors. It seems that no two aasessors have the same Idea ln ar riving at the valuation. Ths paper of F. H. Ga1t.es on "Examina tion of Titles." read by C. F. Bentley of Grand Island, was one of the best papers sver read at any meeting. After the read ing of this paper came the election of offi cers. O. M. Nattinger of Omaha was fleeted I-resldci.t; C. W. Brlnir.ger, first vice pTesidctii; H A. Graff, second vloe president; R. M. Gillian, third vice presi dent; E. E. P.ryson. Secretsry and treas urer. On mctlon the ltlon or delegates to the United States 1. it.e was to bo left to" the executive committee and an appro priation of m was riiiJ for expenses. After the meeting the Ycrk Build. ng and Loan association Invited Its gutus to a banquet held ln the dining room of the Fraternal hall, where a felx-course dinner was served. After the banquet Hon. G. W. post cf this city octed as to as: master and nesrly every jiwi-Vi-r i,n .ailed upon for a speech. It was quite late before the meeting adjourned. IW.-guit were loud ln tl.eir pi;t ,.f the W ;ita::;y ar.d en t rtiuriiiir.t received at York and state that they would aJwaya Lava tha rtiTplsni gqosytta "f1 vLTtttbf, , Ww UvJxsso u