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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 6, 1907)
The Omaha Daily Bee Frcm Omaha Ucwstajs TWO CENTS From Omaha Newsboys j TWO CENTS VOL. XXXVI NO. 303. OMAHA, THURSDAY MORNING, JUNE 6, 1907 TWELVE. PAGES. SINGLE COPY TWO CENTS. I V 4 1 i ORCHARD ON STAND Slayer of Governor Steunenberj Testi lies Against Haywood. SATS MT7RDER IS HIS TRADE Long List of Crimes for Which He Was Paid. BLOWS UP INDEPENDENCE DEPOT Story of Murder of Gregory McCon , sell and Beck Recited. DEFENSE ENTERS OBJECTIONS All Are Overruled on Promlw of PrtMrntlon to Prove foaiNlloi of Iiaywood-2-Orrhard .Will Continue Today. BOISE, Idaho, June 8. Alfred Horsley, alio Harry Orchard, the actual assassin of Frank. Bteunenberg, went on the stand today a witness against William D. Hay wood and made public confession of a long haln of brutal, revolting- crimes done, he said, at the Inspiration and for the pay of the leaders of the Western Federation of Miners. An undertaking; by the special prosecutors for the state that they would later prove Haywood's connection with these crimes opened the way like a floodgate to the whole diabolical story and throughout the f ntlre day Orchard went on from crime re cital to crime recital, each succeeding one seemingly more revolting than those that had come before.; Orchard confessed that as a member of Ihe mob that wrecked the Bunker Hill and Bulllran mill In the Couer D'Alenes he lighted one of the fuses that carried fire to the giant explosion; confessed -that he set the death trap in the Vindicator mine at Cripple Creek that blew out the lives of Superintendent McCormlck and Forman Deck: confessed that because he had not been paid for his first attempt at violence in the Vindicator mine he had been treacherous to his associates by warning the managers of the Florence ft Cripple Creek railway that there was a plot to blow up their trains; confessed that he cruelly fired three charges of buckshot Into the body of Detective Lyte Gregory of Denver, killing him instantly; confessed that for days he stalked Governor Peabody about Denver, waiting a chance to kill him; confessed that he and(8teve Adama set and discharged the mine under the depot at Independence, and confessed that failing in an attempt to polsou Fred Bradley of Ban Francisco, he blew him and his house up with a bomb of gelatine. More Brutal Crl . And he has mora brutal crimes to tell that will bring his bloody career down to Its end at Ca tomb he all Vrrhese will co r 'miuiN the t tit again. Tl Its end at Caldwell, w hers with it great killed Governor Bteunenberg. come tomorrow, for he la to stand when the district court The story waa told to a tenae- nerved, rigid crowd that watched with staring eyea far evsry move and word of the confessing witness; a crowd that waa sickened and weary of Its disgusting de ' talis long before Jamas II. Hawley, plead ing Illness Of himself at- I o'clock In the afternoon secured adjournment for the day. Orchard retained control of himself al most from the moment he took the stand, , and If he suffered much he did not show It. His eyes were bloodshot and his face mottled In color when he came Into tho room to confront the man whose life he Jeopardised. He was plainly nervous. Ha seemed at first to lose a little of his physical control, for he walked unsteadily as he neared the stand and reached In nn Indefinite way for the arm of the chair. He had trouble In finding his voice for a few minutes, but only for a few moments. He quickly steadied himself and was soon talking in the soft, easy tonea that char acterise his speech. His manner was easy and his case steady In' any direction that a Question claimed hla attention.; His eyes blinked a little when he told how he trailed and murdered Lyte Gregory; but his voice altered none In tone. , His eyes met those of Haywood several times and the two gased fixedly al each other in testa with honors even. Orchard's Appearance. - Orchard's entry Into the court room, after a dramatic pause, was Itself In tensely dramatic. Five witnesses who traced Horsley and Jack Slmpklns at va rious times prior to the Steanenberg mur der at Caldwell, Nampa and Sliver City, and further fixed their - movements by Identifying hotel registers where they had signed their names, consumed the first hour of the morning session, and then Senator Borah, looking toward the bench said id a quiet tone: "It will be a few moments before ths next witness arrives." ' The crowd knew Orchard was to eome, and In keen expectancy watched the two doors of the room. It was to be realisa tion at last. The prisoner-witness, long .sequestered at the penitentiary, was to be produced. . Haywood's mother. Mrs. Carruthera of Salt Lake City, and her daughter sat be side ths prisoner and his wife, they hav 1 trig arrived here yesterday from Bait Lake City, Mrs. Carruthers is a handsome woman of middle age, and her daughter la a pretty girl of 20. The prisoner's two daughters were absent. Haywood held a notebook and at Intervals took notes of the proceedings- None of the Haywood group could see either door without turn ing In their se-ts, and while they steadily faced ths front they showed their ex pttancy tor the appearance vt the man whose testimony may mean so much to them. Horsley had spent the night and morn ing at the office of Jamea H. Hawley and was brought to the court house In u car Huge with three armed guards. In the chambers of the judge he waa turned over to Deputy Sheriff Ras Bearmer, who la to be hla special guard at the trial. Strangers entering the court room during the morn ing were searched for weapons, and when Orchard reached ths building the doors of the trial room were locked and extra deputies posted outside the rail. Sheriff Blind Hodgin cleared an aisle back of the seats of the Haywood party, and when he got a signal from the judge's cham bers that all waa ready he nooded hla head tq Mr. Hawley. PrlovNer Carefully Uoarded. Call Hurry Orchard." aald the state's leading ccunsel In a loud lone. The chambers door swung open and cut niarclied Orchard, led by R&a Beamier anj followed by two penitentiary guards and two detectives, all armed. They walked him on the march around the lall and (Continued on Second Page ) SUMMARY OF THE BEE Thursday, Jits 8, 190T. loo? June 1907 us mom rt wto ra ri gAi '( 1 I I 2 3 4 5 0 7 8 0 10 II 12 13 14 15 10 17 18 19 20 21 22 o 24 25 20 27 28 29 Til WSATHSB. FORECAST FOR NEBRASKA Thurs day fair, except thunder showers in west portion. Frl'lay thunder storms. FORECAST FOR IOWA Thursday fair and warmer. Friday showers. Temperature at Omaha: Hour. Dee. Hour. 1 tv m . 6 a. m.. 47 2 m - z p. m... I a. m 60 J p. m... a. m 63 4 p. m... m M 5 p. m... W a. m 68 6 p. m... Ji m 6) 7 p. m... 1 rn 63 8 p. m... p. m... 4 - . .... 63 .... 68 .... S 6S .... 68 .... 67 66 .... 4 DOatXRTXO. Washington looks with Interest upon the attitude of Governor Cummins of Iowa toward the senatorshlp. Fage a Conflicting rumors have been circulated concerning the alleged Japanese race troublo In Ban Francisco, which tho gov ernment Is sifting to the bottom, rage 1 Minnesota man whose sister-in-law wai found dead In well on his premises com mits suicide. . Page 1 H. H. Tucker, promoter of Uncle Sam Oil company. Is sent to jail for three months for contempt of court. He filed sensational affidavit charging three federal judges with conspiracy with Btandard Oil company to drive Independent concern out of business. Fage a Interstate Commerce commission rules sugar stored In Omaha cannot be re shipped on through rate which went into effect after the sugar went Into storage. Far 1 Harry Orchard, who says he killed Gov ernor Steunenberg, recites long list of crimes while on witness stand In Hay wood case, which he says were Instigated by the officers of the Western Federation of Miners and paid for by them. Judge Wood admitted the statements over ob jections of the defense. Fage 1 Hundred and fifty furniture dealers and manufacturers In the northest Indicted by federal grand Jury at Portland, Ore., on charge of combination In restraint of trade. ' Page 1 Prosecution begins the presentation of Its evidence against Mayor Bchmiti of San Francisco on charge of extorting money from French restaurant keepers. It was announced that Abe Ruef will be a witness for the defense. Fage 2 High school cadeta Irt cum are longing for some of mother's cooking. . , Fage a WXBBA.SXA Union Pacific and Rock Island roads serve notice on State Railway commission that companies believe the 2-cent passen ger rate Is not remunerative and they may later teat the matter In the court. Commodity freight rate law also Included In the notice. - , Fage . I Four out of a party of six drowned near Page by the capslslng of a boat due to Its being overloaded. Fage 9 ' Reward Increased to 82,100 for appre hension of the assailant of Mrs. Spauldlns; at McCook. , . rage , Former State Senator Cady declares the work of the last legislature Is example of the force of public opinion on law makers. Fage 8 Complimentary banquet given at Belle vue college for Prof. Hoyt at close of decade of service. Fage T Marrlag of Miss Ruth Dahlman to Mr. Austin Collett one of the most elaborate weddings of the season. Fage 6 Theodore Williams of Benson declares recent frost did not hurt fruit materially. Fags a Nebraska Retail Liquor Dealers' associ ation decides to make provision for fur nishing Its members with Ufa Insurance. Fage City Health Commissioner Connell de nies assertion of City Prosecutor Daniel that he haa failed to secure, evldenoe In cases of alleged violation of sanitary laws. VmM IPOJCT Second day of the State Sportsmen's association shoot productive of better .core, than the first ,a,e Nine yachts start in the race from New York to Bermuda for th. Mal.r cup. The schooner Dervish was leading when the boata passed out of sight. Pare 4 Richard Croker's Orby wins the EnglUh Derby by two lengths from Slleve Gallion, the favorite. The former Tammany chief tain won about 8260,000 in the betting ring. rags Results of the ball games: 4 Omaha vs. Des Moines 2. 2 Sioux City vs. Denver 1. 4 Lincoln vs. Pueblo 1. 'Chicago vs. New York 2. 8 Philadelphia vs. St. Louis 2. 1 Brooklyn vs. Cincinnati 0. 10 St. Louis vs. Washington- -1. 1Z uoiumDua vs. St. Paul 5. 11 Indianapolis vs. Kansas City 8. 11 Milwaukee vs. Louisville 4. Sare 4 OOSCJCXaCLaXi AJTD TEfajrClAJ. Live stock markets. : rage Grain markets. Faget Stocks and bonds. , Page MOYX1CZHTS 01 OCXAJT 9TZ1HSID?1. Port. Arrtv4. Sailed nr. w i.mn uimw aurrura. uBurj NKW YORK suien, iulm. NKW YOHK. Oc4nie. OKwilin. Wlnltrrlaa. K P Wlllieliu. AOrUtlo. Cymric. Hkvvrfnrs. Lk Maattob. MuatcalaL NIW YOKK... LONDON BOSTON rHKRBOl'RQ . t'HEKBOl'KU . UVKKrooL ., LIVERPOOL .. LIVKHPOOL '., t'OPKNHAOEN MONTH HAL. .. ..MMtba ...... ..Psanajrlvsnla .H.lllg OlST. . .Corlathlsa TWO LARGE ICE HOUSES BURN of lee Are a Total ' At 10:46 Wednesday night the two large a matter of fact most. If not all, carriers Ice houses belonging to the Bwift Packing ubJBC to the act use their local rales as company, former., the. Hammond' bouses, j IM.' TlTfor. 11!: located at Fourteenth and Manderaon, were i Incidents as the billing, the collection and completely destroyed by- lira There were i 1.lv',1on of charges, the use of a propor about 8.000 ton. of ice , ,h. houses repre- j L'aTn'g i,",l? ffXlS eiiimas vaiue oi n per ion, or a total or llt.ouo. The estimated value of the buildings was 8o0,0O0, making a total loss of rrs.uuo to the Swift Packing company. Three box vara belonging to the Union Pa cific railroad were destroyed, and several cottages near by were mors or less dam aged. It Is not known how ths Are was started, but a tramp was seen lying In the straw near the houses shortly before the fire broke out and It la thought he might have caused the fire from sparks from his pipe. ' ' THROUGH RATES ARE FIXED Commissioner Lane Lays Down Law on Point for Railroads. SUM OF LOCALS AT SHIPPING DATE Rate Cannot Be Made Retroactive and Through Billing- a Evidence of Through Roate Regardless of Joint Rate. (From a Staff Corresponct.) WASHINGTON, June S.-C H-The Interstate Commerce eom-' a an opinion today rendered. "N .issloner Franklin K. Lane, ar V.v construc tion of the Hepburr'' s n holds that practically all o' C- -roads In the United States a v xov parts of through routes over 'SV rough rates exist, even wher x rate has been estab lished. TV .on deala with the move ment of 10, j pounds of sugar held In storsge at Omaha which was brought Into that city before the existing tariff out of Omaha and to the east went into effect. The Question raised ' was whether or not the Chicago, Burlington A Quincy Railway company might allow sugar stored In Omaha to go forward under a tariff put into e'ffect after such sugar was stored In Omaha. Commissioner Lane, dealing with this question, says: That sugar which moved from Longmont, Sterling. Brush. Fort Morgan and Ice land prior to the going Into- effect of this tariff cannot be moved out of Omaha undr Its provisions and upon tfie rate fixed therein. A proportional rate Is a through rate, and can be applied only to traffic, moving thereunder from point of origin to destination. At the time the sugar moved from the originating points named this ta riff was not In effect, and the local rate paid Into Omaha cannot be treated as an advance payment upon a proportional rate which was not In effect at the time of origin of movement Only One Through Rate. I There can be hut one through rate in effect between any two points at a given time, and this rste may be a Joint rate or a combination of rates applicable on through business. Where no Joint through rate is in effect, a combination through rate over a through route may be made up of any rates applicable on through transporta tionthe sum of locals, or a proportional rate In and a local rate out, or two or more proportionals, or anv other lawfully established rates which may be Joined to gether to make a rate over the through route; but such combination through rate must he treated as a unit from the date of original shipment to the date of arrival at destination and the rtae apnllod must be the combination of rates which exist upon the date of original shipment. Tariffs cannot be given a retroactive effect; they cannot be made to apply to conditions other man mose existing unon the rtnt. wh tlon Si. m'i- rUif-.A co",,'ln,a- , . ? . . aa.otnalng. definite and absolute as & 1oint th all Of the Conditions, remlntlnna nrf rnHvl leges obtaining as to sny factor In such combination rate for through shipment at the time of initial shipment upon such combination through rate must be adhered to and cannot be varied as to that ship ment during the period of transportation of such shipment to Its final destination. A local or proportional rate "In" rannot be absorbed, diminished or affected by any "out" rate not In effect at the time when the traffic moved upon such local or pro portional rate. , Sam of the Locals. A further question decided In the . same case Is that as to the rate that should gov ern -over a-through route when through rate charged Is made up of the sum of the locals. Commissioner Lane holds that the rate that should be applied Is a com bination through rate made up of the sum of the locals or other lawfully established rates applicable on through business at the time when the shipment originates. ,Thera may be through routes without Joint rates. A Joint rate Is simply a through rate every part of which has been made by express agreement between the carriers making the through route. The Joint rate is a rate over a through route; but It Is not the only through rate recognized by the act and the decisions. Among the Important amendments made In 1906 to the Interstate commerce act was that which makes It the duty of every inr suojeci to tne act "to establish through routes and just and reasonable rates aoDllcabl. thereto" rJ," . . , riee appncaDie tnereto" (section 1). It Is not necessary here to attempt to discover the full force of these words. Their sig nificance Is not to be grasped without con sideration of the later portion of the act faecrlnn SV w V, In v. . ... . .w"?oo.j recognises tne possiDiiiiy or a through route without a , i"; Md ?,,ch a,ft?r dl" the jtat teTn m' V rate ? ,,, " . " ' ai ha.Ifbe2JOe.n,tab.l.hedV'trheh. 'h'.Y T,u.!! I 'n uch through route shall nle, print and ' rf,e? ,?pJ,n to public Inspection, as afore- .1,1.4 h. T -.TT.- we- j and'charMauDried to tl.f?JZ?'.l portation.!' iteaaona for (he R le. The reasons for this mi. -. . . 0) The policy of the law that every routs and evry service shall have a published rate equally known and equally available to all patrons of the carriers, and (2) the policy of the law that carriers not other wise subjoct to the act shall be, when par ticipating In Interstate business, subject to the act to regulate commerce. A througn route Is a continuous line of railway formed by an arrangement, express or Implied, between connecting carriers It must have a rate for every service and as the route Is a new unit one line formed of two or more connecting lines so its .r2te l0T.. VeTi orvlc unit, even though it be divided between th. ! , T . , wiemseives into the TrrrouKli carriage Imnllea . ihmi,.i, .... This is eouallv tma whuit,.. , i ,' Irate be nuhllaherf . .1 i... .1'""."" t tlon of the connecting carriers, or, in I .1 , , " J"'"1 "rinngement, be pub- k" uj me nvverai carriers. 1 he route being one. a contract for service over u is a contract for a single service, an ins icima w wmcn must be fixed at I wiu niiia time; inat is, at the time of the making o (the contract for the service. The rate is either a Joint through rate made by arra linemen t hv th. ,, to the through route, or It Is a combination I through rut. cnnulHtln. .i.. . , ! established rates, fare and charg;. applied to the through transportation. This sum ' how,yr. single rate for a sln.le ! "Yn answering the question as to the ex- I istence of a through route all the Incidents i auu c.rcunisiances or the shipment must head had been crushed by a blunt Instru l&rrthh T". tody was parUv clothed. . , . - i ...... . . . j"i 1 1 1 rLknrM i.- ... V 1, V. - . . . . - l tate. must give notice to the world of sjch arrangement by publication. Carriers form- ,lng tltroigh routes without Joint rates how. (ever, may publish and file only the'sepa- i rately established rates, fares and charges I aDDlled to the ihrnuvh tr.n.r..,...,i... . ir.nsa.ruon may properly be deoendml upon for guidance as to the existence of a through route. A through bill of lading as to the carriers recognising It has ben held by the supreme court to be conclusive evidence of the existence of a through route. " laereaae Smelter Dividends. NEW YORK, June &. The directors of the American Smelting and Kenning com pany today voted to increase the quarterly dividends on th common stock to 2 Let cent. This Is an Increase of of 1 per cent and If continued will place the com mon stock on an per cent dividend basis mm ninimraa vim T iwr 1. n L In II, DEVLIN ASCERTAINS CAUSE Japanese Controversy Arose Over Row Between Union and NsbbbIos Men. SAN FRANCISCO. June 6. United States District Attorney Robert T. Devlin yesterday examined two more Japanese re garding the trouble that led to the wreck ing of a restaurant on Folsom street. No new evidence was secured, the testimony corroborating with that given before and supporting the testimony that trouble was the result of a fight between union and nonunion men. The Japanese examined yesterday testified the fight started be tween two of three whites who were try ing to persuade the third not to eat In the restaurant. Unless more testimony Is offered today Devlin will at once send his . report regarding the matter to Wash ington. x Japanese Consul General Uyeno says that he knows nothing of any contemplated suit for damages against the city of Ban Fran cisco, growing out of the recent trouble In a Japanese restaurant on Folsom street. WASHINGTON, June 5. The Japanese trouble In San Francisco probably will be settled by a recourse to the law. In formation has been received here to the effect that the Japanese consul general In San Francisco Is contemplating bringing a suit against the city of 8an Francisco for damages Incurred by the owners of the Horseshoe restaurant and the Folsom bath house from the attack by a mob on May 20 last. The action. If brought, will be under the state law and In the name of the owners of the places wrecked. It Is understood the Japanese will be perfectly satisfied with a Judicial de termination of the case. Supplementing his telegraphic reply to the inquiry of Secretary Root regarding the most recent of Japanese disturbances In San Francisco, Governor Gilette of California has submitted a mail report dealing In de tail with the outbreak of the trouble In the Japanese Horseshoe restaurant and Its ex tension to the bath house opposite. The governor's statements are practically the same as those contained In the news dis patches. The State department' also has received reports on the same subject from the adju tant general of California and the chief of police of San Francisco. These reports seem j be" of the lad hand committee. Busl to establish the fact that the affair waa 1 nesg men ot Butte were much perturbed the natural outcome of the labor troubles j over a Btrlke ot drug clerks for an elght In San FranclBco and that racial trouble. 1 nour day and a minimum wage of $11S had very little tQ do with it, save in the per month, which has resulted Inclosing latter stages. i the principal drug stores, but a general LONDON, June 6. A Reuter's dispatch ' tr,le may be averted. Most cordial rela from Toklo says that Foreign Minister j tlon" w're established with the Butec Hayashl, in replying today to the deputa- business men and Greater Omaha received lion or progressives, who called and asked I tor an explanation of the government's lack , 0f eflir d, j ... Fivocui.o VII Biavrj UIUI ' J- I ... . . . .. mane questions with China and the United States, informed his visitors that the gov- ernment was taking every measure neces- arv- The dispatch adds that the Japanese au- thorltlcs are apprehensive of future rela- tlonshlps with the United States, if the h1CjU,iiitij evincea ai can r ranclsco continue. MASONS ELECJ . OFFICERS Grand Lodgre Also Appropriate ' Twenty Thousand Dollars for Home. The following were elected officers of the . . " ' ' l"r "'" "nrmiBj Buemoon s meeting: Grand master. Ornnn J. King, Lincoln. Deputy grand master. William A. DeBord, Omaha. Grand senior warden. Michael Dnwltng, viimiin. Gmnd tunior warden Harry A. Cheney, Crelghton. Grand treasurer, John B. Dlnsmore, em ion. Grand secretary, Francis Omaha. Grand custodian, Robert Kearney. K White, E. French, Grand tyler, Jacob King, Omaha. The offices of grand chaplain, grand , . marsna., grana senior and P" dpPon were mod appointment and are as follows: Grand chaplain. Rev. George A. Beecher, Omaha.- Grand orator, Roscoe Pound. Lincoln. Grand marahall, Henry Gibbons, K earner. Grand senior deacon, James B. Cain. Stella. Grand Junior deacon, Alpha Morgan. Broken Bow. The new grand officers were formally In stalled last evening. The session has been an Important one throughout, and numer ous amendments were made to the bylaws. all of which were of merely a perfunctory i matters considered and acted. upon during the session was the recommendation of an appropriation of 820.000 for the erection of an addition to the Masonic home at Plattsmouth. Wednesday morning's session was largelv devoted to the consideration of the report nf th. mmlll .k. m v I ...r i: T "omo Bl 1 Plattsmouth. The report showed the home and orphanage In a prosperous state. Thirty-six orphans are now being cared for at the home and eighteen widows of Masons, aside from a number of enfeebled and aged members of the order. Among the more important members of the gTand lodge In attendance were Con gressman M. P. Klnknld and Lieutenant ! Governor M. R. Hopewell of Tekamah. Mr. Hopewell is a past grand master of the Masonic order In Nebraska. FIND WOMAN'S BODY IN WELL Officers Discover Mrs. MeCart Dead on Premises of Her Brother In-Law. MINNEAPOLIS. Jure 5. The body of Mrs. Catherine MeCart. who lived at 1201 . Fr"nklln venu. ". Minneapolis and who ha" ben ntissing since May 24, was found by detectives In an abandoned well " th f Geor Ktelbach, a few m"' out from the city. The woman's wwn" ji-vciiMvii, mo uwiwr ui ine isrm. Is a brother-in-law of the dead woman and all last night detectives, assisted by friends. gu.raeu me nouso. wnne Katelhach had barricaded himself Inside the house. The j ofTicers made no attempt during the night j to get the man. as they did not care to risk being shot down In the attempt. j Boon after the woman disappeared Kat- emacn gave oui a statement that the woman came to his house on May 24 and left for her farm about two miles away. George Nash, who works on Mrs. MeCart s farm, said she had not been there. Then Katelbach said the woman probably had been devoured by wolves, which infested that locality. The armed posse of detectives and neigh, boring farmers entered the Katelbach house this morning and found It vacant Katelbach had escaped during the night. The body of George Katelbach was found later four miles from his house. He had committed suicide by shooting. BOOSTERS FEAST AT BUTTE Great Copper Camp Extends a Royal Welcome to Omahans. MISSOULA ALSO IS CORDIAL Special Leaves Beautiful Montana City Late in Evening; for Spo kane, the Neat Important Stopping Place. MISSOULA, Mont., June (.(Special Tele gramsTwo hundred members of a glad hand committee. Including prominent city officials, met the Omaha trade Invaders at Butte Wednesday morning, and It was the first time that women have participated as members of the reception committee. The utmost hospitality and cordiality were ac corded the Omahans and the visit to the city of copper and labor organlxattona was one of the most pleasant and Interesting had yet. True to their reputation as rain makers, light showers accompanied the ex cursionists, but not for long, and the five hours spent at Butte were enjoyed to the utmost with regret that an entire day could not be spared. The boosters boarded spe cial cars at the station for an extensive ride through the business sections and the mining districts and most of the members walked to the Amalgamated properties to look Into the shafts, but could spare the time to look Into the lower levels. Leaving the mines the party was taken to Columbus Gardens, where the Zoo was visited and many park amusements. In cluding trips on the roller coaster, were Indulged In until an elaborate luncheon was served In the pavilion. An address of wel. come was given by Mayor Corby of Butte, who Introduced the president of the Busi ness Men's association as toastmasted. Re sponses were made on behalf of tho boift n by Governor Sheldon and A. W. Jeffries, while E. O. Maggl, chief clerk to Gov ernor Sheldon, gave a dramatic receltatlon ending with laudation of Butte. Make a Hit at Bntte. Brief addresses were also given by prom inent business men of Butte, and the Omahans then visited the business houses of the city under the piloting of mem- tne "sts boosting of the trip, with pros. Pective results that may prove of greater .-...iin., viol vllinilB, UIILIO IBS - . it .. - . . ! controlled by labor unions, with hlah j and the high prices for homes and I ! supplies prevailing, but the boosters' eyes ; were opened to the great commercial im- j portance of the city, which rivals Chicago In its hustling, bustling appearance, crowds ! of people being on the streets day and nigni ai an nours The Omaha special left Butte at 8 o'clock and was given a royal send-off by the Butte citizens. Short stops were made at Deer Lodge and Garrson, where ! Governor Sheldon picked wild flowers, and Missoula was reached at 8:10. Several hun dred citizens and - Mayor J. M. Keith greeted the boosters, who were taken In I autos and carriages around the city, which j N was the most beautiful seen on the trlp.1 ' An informal reception was given at the Missoula club l iiuu tiiuu unui me train lert at III j o'clock for Spokane. . i Anaconda Not So Friendly. BUTTE, Mont., June 6.-8peclal Tele gramsAfter retiring at midnight, mem- j bers of the Omaha Commercial club ex-! cuision were disinclined to arise at 5 a. m., j to day at Anaconda 'with the population! sound asleep. i Mayor Evans and a delegation, however, i welcomed the visitors and showed them ' through the places of Interest, but the press ', appeared host'lle for the first time on the j trip. The boosters left Anaconda for Buttu i at 9 a. m. ! NO JURY IN KAUFMANN CASE Only Thirteen of the Bpeelal Panel Remain, bnt They May Prove Sufficient. FLANDREAU, S. D., June 6. (Special.) Tonight the names of only thirteen of the original panel of 120 drawn for the trial of Mrs. Emma Kaufmann, on the charge of j murder remained and I inuruer remuineu ana ine wont or securing , a Jury to try the case had not been com pleted. It Is yet hoped a Jury can be se- ; cured without summoning additional venire- j men. It . this does not prove to be the J "ot fjiovom fmici (iiuiuiecs iu ue ex hausted by tomorrow noon. The state Is entitled to six peremptory nhalUnira. mrA Ikna V. .. . . .. M "Jur, while the defense with twenty has used i seven. During a recess of a few minutes this afternoon the mother of the dead girl c re ate J a scene In the court room, but It waa over so quickly that some of those sitting In the Immediate vicinity even did not note It. Mrs. Polrels, who with her husband ' arrived in the ci(y today, was In the court room with a daughter and others and dur- : lng the recess arose from her seat, stepped ' to the ends of the seats next the aisle and ! clasping her hands she lifted them heaven- ! ward as If In prayer. She uttered a few words In German, but they were lnooher- j ent. Before a more serious scene oould be I enacted she was grasped and placed back ' in ner nai. oince me aeain or me aaugnter her mind has been affected. Mrs. Kaufmann was seated with her back to that part of ' the court room and therefore oould have been a witness of the Incident, not CZAR'S DAUGHTER IS ILL Grand Dnch Auaataalav Haa ! Diphtheria. ST. PETERSBURG. June a-Grand Duchess Anastasla. 6-year-old daughter of the cxar, has a dangerous attack of d1ph- therla. The empreas is personally taking care of her daughter. All audiences have been postponed on account of the Illness of the little grand i duchess. M. Btolypln, ths premier. ex- pected to be received by the emperor I tomorrow to talk over Important ques- tlons connected with the future attitude ! of the government toward the lower house of Parliament, and this conference, among j others, has been postponed for at least two days. The Official Measenger will announce to morrow that Grand Duchess Anastasla fell 111 June 2 of angina, with diphtheritic complications. Her temperature was 100, but an Injection of serum resulted In Im mediate Improvement, and after a good night's sleep her temperature today was 96. The child la being attended by two special lata DANISH BROTHERHOOD MEET Large N ember Attend Flret Benslon of Lnthemn Convention la Connell Blnffa. With an attendance of between (00 and 0uO persons, of whom sixty-five are clerical and forty-eight lay delegates, entitled to a vote In the meeting, the eleventh annual con vention of the United Danish Evangelical Lutheran church opened up at the First Presbyterian church In Council Bluffs yes terday morning. Several delegates arrived last evening and more are expected as the convention proceeds. The total attendance Is expected to reach close to l.Wtt. The order of session will be as follows for the remaining five days of the conven tion: Devotional session at Danish Lutheran church, 8:4ft a. m. to 8 a. m. Devotional service at First Presbyterian church, :) a. m. to 10 a. m. Business session, 10 a. m. to 11 : a. m. Recess Business session, 2:30 p. m. to 5 p. m. livening session, either devotional exer cises or lectures, 8 o'clock. The convention was called to order In ths morning by Rev. A. L. J. Soeholm of Royal, la., vice president of the association, who conducted the devotional exercises and preached the opening sermon. He waa fol lowed by the president. Rev. G. B. Chris tiansen of Audubon. Ia., who made a short opening address. Rev. J. P. Heede, pastor of the Danish Lutheran church, welcomed the visiting delegates and others In attend- anc on behalf of the local members, and this brought the morning session to a close, Tfie afternoon session was taken .up largely with the annual reports ot the pres ident and other "officers. President Chris tiansen In his report showed that the church was In a most flourishing condition and that there had been an exceedingly healthy Increase In the membership. He dwelt at length upon the mission work carried on by the church among the Danes In the United States, the Mormons, and Indians, and In Japan. He spoke of the work Rev. Harl Jensen, the missionary among the Mormons, who is stationed at Salt Lake City, Is doing, and of Rev. J. M. T. Winther, missionary in Japan, who la stationed at Kurume. Both Rev. Mr. Winther and Rev. Mr. Jensen are in at tendance at the convention. The report of the secretary. Rev. L. Johnson of St. Louis, showed a large In crease In membership and that ten new congregations had made application for ad mission. These applications will be acted upon at this meeting. The report of Marcus Bock of Blair, treasurer of the church, showed the total Income for the last year was Slt.616.90, with disbursements amounting to 810,744 89. A committee of nine was appointed by the president to name the several commit tees, which will be'announced this morning. During the afternoon session Rev. J. P. Heede Introduced State Senator C. G. Saunders, who welcomed the, visitors on behalf of the city. President Christiansen made a suitable reply. At the close of the afternoon session the ministers In attendance held a short de votional session In the parlors of the church. Rev. N. Hansen, pastor of the Immanuel Danish Lutheran church of Minneapolis, Minn., was appointed press agent for the convention, the proceedings of which are conducted entirely in the Danish lan guage. The members of the local church have left nothing undone to provide for the entertainment and welfare of the visitors. The big temporary building adjoining the I church at the corner of Ninth street and Avenue A, where the commissary depart ment la In charge of the women of the church, was about the busiest plaoe In j effect Immediately after the law became the city yesterday and will be until the operative. The Institution of the 2-cent irtDA ,-. i n-,- ---.' rate was In obedience to the law, with no close of the convention. The arrangements . walver or ,ntentlon to waive the rights are such that about 800 can be served j inherent In the Union Pacific Railroad com at a time. Breakfast dinner and supper: pany as a common carrier to a reason- are served In this building. Reception committees, composed of members of the local church, were at the different depots all day and saw to it the visitors on their arrival were escorted to the head quarters at Ninth street and Avenue A or to the First Presbyterian church. A large number of the delegates are ac companied by their wives and other mem bers of their families, thus making a con siderable number of women In attendance. INDICTMENTSJJY WHOLESALE Every Furniture Jobber In Four Paclno States Comes Under Bam of Law. PORTLAND, Ore., June 6. In the United States district court here today Indictments were returned against 180 furniture dealers In Oregon, Washington, Idaho and Cali fornia for alleged violation of the Sherman anti-trust law. The list Includes every manufacturer and Jobber In the states named and a large number of retail deal ers. Assistant United States Attorney Jamea Cole announced that he would give the defendants an opportunity to come in and plead voluntarily, but that In the event of failure to do so bench warrants would be served. No bonds were required. The Indictment Involves practically the entire membership of five furniture or ganisationsthe Northwest Furniture ex change, the Northwest Retail Furniture Dealers' Protective association, the Ore gon Retail Furniture Dealers' association, the Portland Retail Furniture Dealers' as sociation and the Lewlston Furniture club of Lewlston, Idaho. , It Is charged that the wholesale dealers and Jobbers agreed not to sell to any retail dealers who were not members of the retailers' associations and the retail ers agreed not to purchase furniture goods from manufacturers, wholesalers and Job bers who were not members of the North wost Furniture exchange, which was or ganised for the alleged purpose of regulat ing prices. DENY REQUEST CF TRUSTEES First Step of Battle Over Mre. Eddr'i ' Property Won by Her Heirs. CONCORD, N. H., June 6. The petition ' stations in Nebraska are unreasonable and ot the three trustees to whom Mrs. Mary ' confiscatory. , . . . ... . . I 6. bald acts ef the legislature, and ea-'ti Baker fcddy had transferred her property, 0f ,hl.m. are an Interference with Inter asking that they be substituted as com- state commerce and a regulation thereof. Plalnants In place 6f "next friends" In the! ,Viu.fr? r VheT.J'7?y relTtlLul!y, ...i. . ., vised that while the Chicago, Rock Island suit to secure an accounting of Mrs. pacific. Railway company has tempo Eddy's property, was denied today by rsrlly put the 2-jnt passenger rate Into Judge Chamberlain of the superior court. ' j"'"" " ,10 i'l" h."" ""f wa.'. ve?' i"or . . w . 1 , d- . . l ...tend thereby to waive. Its Inher. The trustees are Henry M. Baker of Bow, ent right as a common carrier to a rea Joslah E. Fernald of Concord and Archt-1 sonable return for aervlces rendered, anl bald McLellan of Boaton. The next friends ' 1,".r'."nt t,'?.C,'1i'-'';fe the validity and cou , , . , ' sUtutloiiallty of the act aforesaid; that are 0orgs W. Glover of Lead. S. D.,'on for the tlrno being, and until the validity of Mrs. Eddy; Mary Baker Glover, his,0' b1,1 Bot ri P"sed upon, it haa felt dauahtar. and Dr. J VAAv I ... 7 . ' ' " niiciuurjr, u,, an auopimi son or Ueorgs Baker of Bangor, a cousin. The suit Is for an accounting of Mr. Eddy's property, which. It Is alleged. Is I under control of Calvin A. Frye Mra I Eddy's secretary. and Other Christian I ' ' ' "'" "" .nnsiian Scientists, who are named a plaintiffs, j The question of Mra Eddy's physical and mental condition figuYea in Ue action. J ROADS SHOW F1GUI Intimate They Will Take the Two Cent Rate Law Into Court. COMMISSION IS GIVEN N0TICB Union Pacific and Rock Island Fil Written Statements. HOLD RATE NOT COMPENSATORS Commodity Rate Law Also Held Up at Unjust to Roads. ACTION ON BOTH IS DEFERRED Relief In gome Quarters the Protect on the Tiro-Out rasaenaer ' Hate Law Is Intended to Stop Lowering; Freight Rates. (From a Staff Correspondent. LINCOLN, June 5. (Special.! RallroaJ attorneys appeared before the State Rnil way commission this forenoon, not to fur- I nlfih tnr.vrmatlnn that had hun mUeA fur j ly the comtIll8oni but to Indicate that lthcy would contct tn. constitutionality of j the 2.cent pAMfnf,PT fare aw Bnd th commodity, freight rate law passed by the last legislature. The action of the attor neys Is construed as meaning that If ths railway commission attempts to lower freight rates the railways will contest the t cent fare bill and the commodity maxi mum freight rate law, otherwise little may be done. The railroad attorneys have not yet threatened to contest the constitu tionality of the law creating the commis sion, but County Attorney H. D. Browne of Saline county, who Is on the Burlington pass list, has spent two weeks In the office of the secretary of state Investigating the house and senate records, supposedly for thn purpose of gathering Information on which the railroads can base a suit to test any or all of the laws relating to railroad business. John N. Baldwin appeared for the Union Pacific and threatened to test tho t-cent fare law and said plainly that he would contest the maximum freight rate law be fore it goes into effect July S. The Rock Island company, by Its attorney, Krasmus C. Llnrlley, filed a statement Indicating that his company might some time test the val idity of the two laws. He contended that both are unconstitutional. Attorney H. J. Kelby for the Burlington coincided with what Mr. Baldwin said. Vnlon Pacific Notice. The notice from the Union Pacific net ting forth Its stand on the 2-cent fare and commodity rate laws was filed In writing by Attorney Baldwin, as follows: To the Nebraska Railway Commission, Gentlemen: The legislature of the state of Nebraska at Ha last aesiilon enacted two separate lawa affecting freight and passenger rates in the state of Nebraska. This aot relating to passenger charges reducea the statutory rate from 8 to I cents per mile and the aot pertaining to freight rates provides for a reduction of 15 per cent on certain commodities, towlt: live stock, potatoes, grain and grain products, fruit, coal, ' l imber and building material, In carload Sota. The act pertaining t passenger rates by virtue of Its provision became effective on approval of the governor, and the act relating to freight rates will become ef. fective under constitutional provls'on about July 5, 1097. You are hereby respectfully advised that the Union Pacific Railroad company tem- norarllv nut the 2-cent Dassenaer rate Into able return for the servlco rendered predi cated on the cost thereor. The Union Pacific Railroad company be lieves that the 2-cent passenger rate Is not compensatory, and that It will not yield a reasonable return In respect to the cost of service, but It . has constrained imme diate procedure for relief In order that a thorough test for trial might be had and the consequences of the law fairly, fully and practically determined. The law reduces the rate 83V per cent, a reduction unendurable, unless by reason thereof there shall result such a stimulus of traffic as tn compensate for diminution of revenue thns entailed. While deferring definite conclusion to the results obtained by and from a fair teat of the law, the Union Pacific railroad is of the opinion that the 2-cent rate la not compensatory, and that whatever reciprocal beneflta may flow In the form of Increased traffic will be Inconsiderable compared with the depletion In revenue , thus sustained. Therefore, so far as the Union Paclflo railroad Is concerned, Its future conduct with respect to acquiescence In the law Is contingent on the Judgment or a test nf the law, and If It shall be found that the 2-cent rate Is not compensatory, re lief will be sought In the proper legal form and forum. . In respect to the law providing 'for a reduction In freight rates on certain com modities, It Is provided In said act that your honorable body may, on complaint of the carrier. Interpose full restraint In regard to Its operstlons. We believe thst this set was passed without knowledge of the conditions attending the operation of common carriers In Nebraska, without regard to the exlattng ratio of charge to cost of service, without regard to the density of traffic and length of haul, and without due consideration for the many elements entering Into the formation of a reasonable rate, and the Union Paclflo railroad believes that said act la confis catory. We, therefore, respectfully advise you that the Union Pacific Railroad -company Is reserving definite action with reference to the S-cent passenger rate pending an operative test of the law. You are fur ther respectfully advised with regard to the act relating to freight rates, that re lief therefrom will be asked from this commission or from the courts upon the taking effect of the same. Statement of Hock Island. The statement of the Rock Island al leges that the two laws are uncoiistltu- j tlonal for the following reasons: 1. Bald acts of the legislature, and each of them, deny said railway company the equal protection of the laws. 2. riald acta of the legislature, and each of them, deprive suld railroad company of Its property without due process of law. 1. The maximum rates prescribed for ,h transportation of pa.engf,rs upon railroads within the state of Nebraska are J unreasonable and confiscatory. 4. Maximum rates prescribed for the I transportation of commodities b twn. n c-oii.cra.nea iu rum pi y inerewnn oy ra- on or the unreasonable penalties atta tacn.-j for violation thereof. You are further respectfully advised that the undersigned will, notwithstanding the Initiation of the 2-ceut rate in the future govern and conduct itself In the nianner and as It may be advised to pro. ""i? ,or ilf ,n ,ho Pr1fr orums Jut reasonable compensation fur Its serv- ices as a common carrier. "ays States Have Lost Power, Significant as to tho theory upon whlek