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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 9, 1907)
Bee VOL. XXXVII NO. 18. OMAHA, TUESDAY MORNING, JULY 9, 3907 TWELVE PAGES. SINGLE COrY TWO CENTS. DEPOSITION IS READ tlaywood Defense Attacks Orchard's Triico Bomb Story. TESTIMONY OF ME BEAD LEY Owner of House Says Gas Explosion Caused Wreck. HOLE IN GAS METEK v Escaping Gas Was Ignited from His Cigar. NO FIGHT AGAINST METERS n Wm Net President of Mine Owners Association and Had Ifot Tried Drive Cnloa from the State. BOISE, Julr 8. The entlr morning- ses lon of the Haywood trial waa taken up with the reading of testimony offered by the defence on the aubject of the explosion at the house of Fred Bradley, In Washington street. San Francisco, In 1805. The testi mony waa taken by a commission appointed by Judge Wood, who la presiding at the present trial, and la Intended to contradict Harry Orchard's atery aa to the placing of a bomb on the front porch of the Bradley houae aa a part of the conspiracy aliened against the Western Federation of Mlnera and of which the atate asserts that the Bteunenberg murder waa an incident. The defense during the stay of the commission In San Francisco secured the testimony of Bradley himself and several others express ing the belief that the explosion waa due fl gas, and declaring that the havoc wrought by It was not cauaed by dynamite. Orchard declared that the bomb arranged by him to be exploded when the front door waa opened contained about ten pounds of dynamite encased In a large section of lead pipe. The reading of the testimony, which was taken In question and answer form, waa begun Immediately after the convening of court at 10 o'clock. Attorney Clarence Har row undertook the long task and seated himself In the high witness chair facing ths Jury. The attorney read first the testimony of Walter II. Lin forth, the owner of the part in ent house In which Bradley lived. Un forth sued the gas company Just after the explosion and was awarded $10,006 damages. With the Orchard confession as a basis, the gas company Is seeking a new trial. LlnTorth. who lived In the next build ing to the apartments, declared that the noise of the explosion was terlfflc and the windows In houses for blocks around were broken.- Hurrying to the scene Llnforth aid he could not smell any powder nor dod he see any fragments of lead. In the basement of the apartment house there were seven gas meters. Two months t after the explosion, two plumbers found a m hole In the back of one of the meters. I The building- was of frame and gas es caping . in ine .csusr couia rise Between the walls to the vestibule -where the ex plosion occurred. Mr; Bradley's Testimony. In his testimony Bradly stated that on the morning of the explosion, November 17, 13ot, he atarted to leave his apartments about 7:80 a. m. He had a lighted cigar In hla mouth as he walked down stairs. "Immediately after placing my hand on the knob and alartlng to open the outside door of the vestibule," aald Bradley, "there was a flash of light at the end of my cigar. I thought someone had been Joking me and that I had been given a trick cigar. Next there was a deafening explosion. My first impression waa that I had been shot In ' the head. My next Impression was that I waa being asphyxiated and would die If I did not get out. I felt a tremendoua pres sure holding me down. Then there came a lifting force and I waa thrown out Into the street onto the car tracks. I knew I waa on the car track for I remembered feeling I must get out of the way or a par would be along." The attorneys who took Brsdley's testi mony asked how long a space of time there was between the flash at the end of the cigar and the explosion? "I had time to think I had been gives, a trick olgar," was the reply. Bradley said he saw nothing of a newspaper, string or screw eye In the vestibule or on the door. Asked If he smelt the gas at the time of the explosion, Bradley said he did, after being "smashed to the floor." He added that he was familiar with the smell of ex ploding powder and dynamite, but could detect the tumea of neither at the time of the explosion. He had emptied gas for some time previous to the explosion, snd Mrs. Bradley had complained to the gaa company about the matter. Bradley de clared he waa never president of the Mine Owners' association of California and had never attempted to drive out of California the Western Federation of Miners or its members. A week or so prior to the explosion Mrs. Brsdley had complained ef emailing gas on the stairs, while the witness himself could smell nothing. There had been gen eral complaint In the house about the es caping gaa. Further examined, Bradley said he felt two dlatlnct forces, the first crushing him down and the second lifting him up. The interval between gave him time to think ho was shot In the head, to feel as If hla ears had been blown off and ao think tbat he waa In Center of asphyx iation. The latter feeling he was sure came from Illuminating gaa. Toward the conclusion of his deposition, Bradley said that his first belief thst the explosion was caused by the gas had been considerably modified by Orchard's confes sion and the other testimony offered on the subject. EDWARD G. LEWIS INDICTED Grand Jury Orders Preldnnt af Weo ple's United States Bnnk Into Court. ST. LOUIS. July -I Seven Indictments vbave been returned by the federal grand Jury against Edward G. Lewis, lfttsldent of the People's United States bank, charging fraud. The Indictments were returned Sat urday, but the foot was not' made publlo Until today. In one Indictment Itwts snd Francis V. Putnam, cashier of the bank, are charged with using the malls In fur theresjoa of a achmn to defraud the bank's stockholders! and the other indictment is against Lewis. Frank J. Cabot and William B. Millar, charging conspiracy to defraud thn government oa postage ratea on the mailing of the publication Issued by Lew's. The ether Indictments stand against Lnwts skitM, charging hlia with a scheme to defraud through the Peophya United ata bank. All tae efeaants gave bend (waar. SUMMARY OF TUE BEE: Tuesday, Jo If O, lfMIT. 1007 SUN MOM JULY rut wco run 1907 Ml SAT t 7 14 I 8 15 22 -9 2 3 4 5 6 9 10 II 12 13 16 17 18 19 20 23 24 25 26 27 30 31 $ T o. t. TKZ WEATHER. FOR NEBRASKA Local ralni. Tern. Hour. 6 a. m 0 a. m X Omaha yesterday: T. Hour. Deg. 1 p. m 87 t p. m 'li ' S p. m S T a. m 8 a. m 9 a. m 10 a. m 4 p. ni 78 M S3 8 p. m ! jjjj h E' IJ j . 11 a. m 11 m . B p. m 84 BOMZSTXO. Mayor Schmitx of San Francisco sen tenced by Judge Dunne to five years In the penitentiary for receiving a bribe. Crowd cheers the Judge. Page 1 Depositees of Frank Bradley read In Haywood trial at Boise to show that ex plosion at his home occurred from leaking gaa Instead of from a bomb. rage 1 Admiral Dewey in Interview aaya that the trip of the Atlantic fleet to the Pa clflo will be a good thing. Naval officers now ssy they have no definite Information of the time of the transfer and it may be long delayed. rags 1 Fiftieth session of the National Teach ers' association convenes at Los Angeles, President Schaeffer reading his opening address. Page I Representatives of the National Clvio Federation present reports of their In vestigations made abroad on municipal ownership. 'age 11 New York's attorney general applies for a referee to take testimony in Investiga tion of relations of the big telegraph com panies. Page 1 Stories about the purchase of Lower California and Magdulena bay are denied. Page 1 Standard Oil company refuses to give additional evidence before Judge Landls and the court fixes August S as the data, when he will pass sentence. Page 1 Justice McCall at New York refuses to take scandalous matter from Mrs. Howard Oould'a petition for divorce. Pago X Mayor McClellan of New York dis misses Corporation Counsel W. B. Ellison. rage 1 STEBBAJIXA. Attorney general asks Injunction against express companies to prevent them from violating the new rate law. Treasurer Brian is having no trouble In finding batiks which will give the required bond and pay S per cent Interest on - stato money. Pace 3 Loris Hlggina, confessed murderer of the Copples at Rosalie, was taken hur riedly to Pender and given his preliminary hearing-, waiving same. Trial will take place in October. Paf S W. J. Sloane confesses that he murdered Frank Herman near Alda and robbed him of his effects. - Pafs 3 Herman Boche, murderer of Frank Jur mer of Norfolk, attempts to commit sui cide In Jail at Madison. Page 3 X.OOAX. ' v Young Men's Christian association cam paign continues and better results are ex pected Tuesday. Page 7 Omaha Grain exchange proclaims vic tory over railroads In application of new proportional rate on grain. Fags 1 Railroads answer complaint of Lincoln before Interstate Commerce commission, maintaining Justice of rates which cause complaint. Pago 12 A. J. Anderson falls from pile driver and is drowned in river at Olbson. Pare T Movement In Interest of big wool mar ket In Omaha la growing: Page 7 City officials looks tor peddler who uses short measure and who has avoided ar- rest for two months. Fags T t Park commissioners plan many Im provements for Cut-off lake. Pag 7 MOYZMSaTS OP OCX ait steam skips. Fort. Arrived. NEW YORK Carolina MOV1U.K Columbia SOl'THAMPTON.. St. Paul QVERNtlTOWN. .. Blrurla PHILADELPHIA. Merlon Ballad. . Manuel Cain. WILL REVOKE CERTIFICATE Government Helps Chicago to Pre vent Operation of Bin; Syndi cate of Gamblers. WASHINGTON. July 8.-By the revoca tion of the passenger certificate of the j steamboat City of Traverse the govern ment today dealt a heavy blow to the al j leged gambling syndicate .of the city of Chicago, i The City of Traverse leaves Chicago each j day and anchors In Lake Michigan near I the lines of Intersection of the states of Indiana and Michigan, and It la aald con- ducts there gambling operations. Informs-'on I tlon concerning the results at the various raus irucas oi mo country are rsoeivea oy I wireless telegraph and the steamboat, It csnon watera, but few were drowned, most I is further alleged. Is operated as a float-! of the people saving themselves by clamber ing pool room. Ing on the rocks of Ringbolt Island. I The authorities of Chicago have andeav- The steamer waa below Haxelton when ored to suppress the evil but their efforts have been futile. Finally Mayer Buttee : narrow canon wnion can DC run eniy at i ieraay ai wnicn a majority or me men em : appealed to the government authorities toirtala atagee of water, where the strong i pleyed in ths mines expressed themselves 1 take steps which would put an end to the current carries river boats three-quarters jSi unwilling to accept the company's sched ; operations of the steamer. Today Acting a mils in a minute and a half. The i ule of wages. All the principal companies ; Secretary Murray of the Department of , port quarter crashed against the rooky have signed sn agreement to abide by the I Commerce and Lsbbor, instructed Collecor j wall and the stern swung around and was j proposed wage scale, and If the men reject i of Customs Ames at Chicago that If the battered against the opposite wall, far the It at a meeting to be held toay a strike fscts were as represented he should can- j boat was longer than the oanon Is wide. ' will be doclared and about 2.000 men will eel the vessel's license at onoe. The big vessel heeled over with the weight ! quit work. The grievances are principally I This Involves the cancellation of the "f water and sank rapidly. Some of the over the wages paid the surface men and steamer's passenger certificate ae well. This action la taken under the authority of the revised statutes of the United States, which especially provides that a license granted to any vessel shall not be coiurid - ered In force any lenger than the vessel 1. engaged In the employment for which she Ifleallv licensed was specifically licensed. THREE BURIED UNDER ENGINE Swlteh F inarlaa on Burllnajton Juaapa Track at Herrln, ni., Klll inu' Crew. CENTRAL! A, HI., July S-Spread'ng rails derailed and ditched a switch en1ne two' mlles north of Herrln on the Burlington road today, killing Engineer E. Ferd and Trainmen Lewie Warne and Thomas Hut- ton. The engine rolled down aa embank - ment and the three 'men were caught un dar It and crushed to death. Stammer's Crew en Strike. NEW TOr"K, July 8.-With her erew en elrUte the German sVainthtn karkareMa of tne Knrtli (iarmii Uoyd Ifne, caiut Tnte port from Bremen today, manned by Bril Iffh sailors and nromeu. wha wm jLo take the atruaere' J1 a sen DEWEY THINKS IT GOOD MOVE Admiral Says Morin; of Fleet May Hasten Canal Work. MAY ALSO BRING LARGER NAVY Sees No Danger In Leaving Atlnntle Coast I'n protected, bat Would Not Favor Visit to the Philippines. NEW YORK. Julr 8. Admiral Dewv. ! who Is sojourning for the summer at Rich- I I field Springs. N. T., is quoted In an Inter view published In the Amerclan today as saying In regard to the transfer of the battleship fleet to the Pacific: "It Is a pity we have not ships enough to keep powerful fleets In both oceans, but since we have not it seems that In the Interests of peace It is best at this time j that our fleet should be In the Pacific. 'This cruiser transfer, or whatever you I llke to call It, la a mission of peace. I do j paired there semi-annually, to send a col not think it likely that this country will j i)tr wltn the ships to keep them In coal, become seriously involved with any power. To reiH.Ve the navy of this trouble It Is But If trouble should come by any chance j now proposed to anchor a hulk In Magdal- lt is well to be fully prepared for It. "It Is necessary for us to hold the bal ance of sea power on the Pacific. The de fenses on that coast are not up to the standard of the Atlantic. That the nation that has the power controls the situation waa proven In our war with Spain." In discussing the possibility of the fleet j going to the Philippines, the admiral said: "I would say that unless the danger was most Imminent It would not be advisable to concentrate a large fleet with hundreds of officers and thousands of men In Philip pine watera. The climate is not right, as I know from personal experience." Moral Effect Would Be Good. "An enemy might take the Philippines and Hawaii, but as soon as we met them on the sea they would have to give them up. The very presence of our sea force in the Pacific will serve every purpose." Admiral Dewey said there should be no trouble In taking the fleet around the Horn Into the Pacific. The battleships, he aald, should have no more difficulty than a ferry has In crossing to Hoboken. It was more a question of coal and a question of dollars. So far as leaving the Atlantic coast unprotected by the transfer of the fleet, Admiral Dewey saiu mere waa Hom ing to fear. There were no enemies to threaten the Atlantic coast, he said, and even If there were, the army could take care of them. The admiral said the coaat defenses there are In excellent shape. In closing the Interview Admiral Dewey Intimated that he saw two possible ef fects of importance In the transfer of the fleet. He believes it will urge the con strvction of another Atlantic fleet with ths ships now building ss a nucleus and pos sibly it will stimulate and haaten the completion of the Panama canaL Has bin ST Work on Battleship. PORTLAND, Ore., July a A Seattle dis patch to the Oregonlan says orders have beon given to rush work on the battleships Oregon and Wisconsin, whioh are under going extensive repairs at the yard. The new battleaulR Nebraska, which went into commlsaion a week ago. Is to have Its alter atlons made and the crew will be called out as soon as men can be brought here. . . A special to the Oregonlan from Seattle says Admiral BurweU, commandant of the Puget sound navy yard, has sent an urgent request that two extra dry docks be built at Bremerton, In addition to the new dock congreaa authorised a year ago and which the Navy department has Just- commenced to construct. The dry dock Is to be im mediately built and wUl be twice aa large as the solitary dook at the Puget sound I jock, but Admiral Burwell believes, with the natural Increase In the American fleet In the Pacific and the fact that the deeper draught boats cannot get Into the . Mare Island dock, extensive additions will have to be made at Bremerton. Japanese Are Optimistic THE HAGUE, July 8. Vice Admiral IJuin and the officers of the Japanese cruisers Chltose and Tsukuba, lying off Flushing, dined with Queen Wllhelmlna at Loo palace today. The Japanese minister and the Dutch minister were Included In the party. Speaking of the American-Japanese ques tion, the Japanese officers said they did I LONDON, July 8. King Edward and not believe that a serious misunderstanding I Queen Alexandra started this afternoon for waa possible. The Japanese wished to i Ireland, the second visit since their acces maintain good relations with the Amer- , elon. On their way their majesties will leans, and, pointing to their swords, the spend tomorrow at Bangor and lay the officers added: i foundation stone of the University of North "We are determined not to draw them for i Wales. The royal yacht is awaiting the offense, but only for the defense of our j yl party at Holy Head and will convey country from attack. In the latter case ! then tr Kingstown, where the king and you will find us ready for all sacrifices." SIX UVES LOST IN WRECK ship Sinks While Tryiugr to Rapids la Skeenn Hlver. Hi SEATTLE,' Wash., July 7. Six lives were lost Saturday afternoon when the Hudson bay steamer Mount Royal waa wrecked on the rocks In Kltselas oanon Skeena river, sinking In less than five , minutes afterwards. Many of the fifty-five . excuea pmoih '-5"''tlon. The time of his departure has not j the accident happened, passing through - passengers Jumped from the boat to the Island, ethers teok to the water and others floated through the canon on debris and "r P'oked up by Indians In canoea. The ! Mount Royal was built at Victoria, B. C. i ' 1 " tt wide " row 18 nic,,ft ol "- i mended by Captain Steward B. Johnson. 1 Tfi PRnTFPT TR1KT Cllfjn . w . ...ww. . w.ewj,,, llBnU an1 the trenns have been forced Bill In Kaaltr Filed by Children f Mrs. Mary Body. Baker WN' rwD- M- Ja" 0111 ,n Mult- ! "sing. pi nunisa .e j P1" und" th" Jsdlotlon of the su - Pt ,r""' u"d ' ' " . " .. " ' ' , l an I u F is f unr. r teal Ay t I nti I Va fflfffalassn twsial sh snnafsr tor an aoceontlag ef bar property was begun), waa tied tadavy. George W. Glo ver of Lead, B. D., as ef ths Christian Selene leader and hla wife and four children are the complainants. The bill hi ene ef the many entered La the nhreadr eosspUsated litigation In volving the prepsvtf etf Mrs feed. NO DEAL MADE WITH MEXICO lories Moat Purchase of Lower Cntl torn la Not Based Vpon Fr.ct. WASHINGTON, July'S.-Thc Mexican ambassador, through Mr. Lamia, secretary In charge of the office at Washington, to day said: There Is not one word of truth In the statement published by the press about negotiations between Mexico snd the Vnlted States for the sale of M:i;"dellena bay and lower California. The subject hat never lieen mentioned fcy the stato d- part merit to the Mexican ambnssador aid b. sides there Is not one Inch of Mexican terri torv that could be miirhascd at any prloe under any consideration. The state department officials strongly deprecate what tney ciesenoe as tne perioaic revival of these stories about th" ocfiuls' tlon of Mexican territory, because their publication Is Invariubly followed by an outburst of Irritation and suspicion In Mexico that requires the best efforts of American diplomacy to subdue. It Is said that Magdallena bay Is totally unsuitable for a naval station. It has been cuatomarv when the Pacific souadron re- lena bay which can be kept Oiled with Coal by some contractor from his coast schoon ers and thus serve as a base for the sup ply for the American shipping when they enter the bay for long target practice. Several months ago permission was souKht thus to station the coal hulk and the Mex ican government very freely consented. LABCRERS CAUSING TROUBLE Patrole Have Been Established Protect Men Who Are WI11 Inar to Work. to ROTTERDAM,' Holland. July 8.-The at titude of the dock ' laborers, who struck against the use of elevators In unloading grain ships, is increasingly belligerent. At tacks on the men. who refused to Join the movement, are so frequent and threats to damage ships and other property are so persistent that a large force of cavalry has been posted on the quays and police patrols have been detailed for the pro tection of steamers loading or unloading. The Iron clad Pletheln is patrolling the river Meuse, the iron clad Relnler Klaezen Is guarding the port and the cruiser Noord Brabant will arrive here tomorrow. IRISH JEWELS ARE STOLEN Part of State Regalia Worth $250,000 Taken from Safe In Dublin Caatle. . -' ,' - - v DUBLIN, July 7. A,, portion of the-'state regalia, valued at 12TA&00. has been stolen from Dublin castle. Ths safe in which trio regalia was kept was forced. The Jewels were used In the ceremony of investiture In the. order of St Patrick, the. processional cross studded with diamonds and the Jew eled sword which Is borne in procession at the Investiture of the knights. . . Lord Castletown, knight of St. - Pjfck, was to have been chief of the stattVre mony on the visit ot KtasT Edward, to, Dub lin .but It la officiary-announced tlfat the ceremony will bar lY.'ipoited. Sensational developments are ex prated. - i CHINESE GOVERNOR KILLED Student Fire Upon Head of Province of Ksaahw! and Suffers In ' atant Death. HANKOW, China, July 8. The governor nf the nrovlnce of Naranhwel was murdered , yeiterday by m student. Accompanied by the director of police, the governor was about to enter a school at Nganklng, capi tal of the province of Nganhwel, when several shots were fired at the governor, three bullets Inflicting mortal Injuries. Ths director of police seized the assassin and decapitated him on the spot. No further disturbances have occurred. ROYALTY TO VISIT IRELAND King Edward and Queen Alexandrn to Make Second Trip Since Accession. queen will arrive juiy iv. one or ine spe- I clal objects of the kink's present trip is to the Dublln """tlon' IISHII IS SENT TO AMERICA Jnpnneae Dlreetor of Commercial Bureau Will Study American, Conditions. TOKIO. July 8. It Is reported that Di rector Ishll of the commercial bureau of i ti, pvrin frirj. va .,j.j ,,, 1 cd to Amerloan and Canada, evidently in connection with the Japanese labor quea- yet been announced. Strike Imminent at Cwnalt. COBALT, Ont, July 8 A strike of min- aiere Is Imminent. A meeting was held yes- ; the length of the shifts of the underground i miners. General Strike In Italian City. BRESCIA, Italy, July 7. Ae the result ; "is arrest .of a tramp for Insulting th. I tl ' , " ," V " w . 1 Oar'bsldl day, the Labor exchange has i votrd a geiieral strlxe, whioh has been ef- ! ,ctiv'ly crrl81 out- TllH t la with I to chare the maplfoatunts. wounding many of them. Ths situation is serious. Chamberlain f'rlelirmlrs Hlrthtlny. RIRUrNdHAU. Ennhlnd .Inlv !....., Chamberlain today celebrated his 71st blrtlv day with h), fanUiy t Highbury, his es ,(aU Be.r lhl, cltVi A mMn slriljirn of I Ulegraphle and postal eonsratuiatlens ptjee In from all pasts ef the country. ile nu ueain wen e-nuugn lately to receive aome of Ma political frienda. Pope te Receive Baeae Woman. BOOKE, la , July 8.-(Spaolal Telegram.) Miss Grace Pearl Mesa af Boone, now tearing Burepe with a party ef Bes Molars friends, will be received in audlenee by the pupe set sUindaT, July 88. In Rome GRAIN MEN WIN THEIR POINT Proportional Sate Dates Back to the Origin of Shipment JULY RISE NOT YET EFFECTIVE Interstate Commerce Commission Sap ports the Contention of the Omnhu Etcksst In lis Con troversy with Ronds. The Omaha Grain exchang-e la proclaim ing victory over the railroads on a point of contention regarding the application of the new proportional rates on grain out of Omaha. A letter Just received from Franklin K. Lane of the Interstate Com merce commission is construed as meaning that the exchange Is in the right. The raiirouds niunt now either yield or be en Joined by the exchange An advance In proportionals went Into effect July 1. On that date there was in Omaha a large quantity of grain which had arrived from Nebraska points and also a large quantity of grain In tran sit from Nebraska points to Omaha, all destined to points east. The railroads re fused to allow this grain to move out of Omaha under the old proportionals, while the exchange contended it ought to do so. The exchange addressed a letter to the Interstate Commerce commission on June S and on July 8 received answer. The two letters follow: OMAHA, June 25. 1907. To the Honor able, the Interstate Commerce CommlsHon, Washington, D. C: Tariffs have been is sued and filed with your honorable body by all of the railroads leading out of Omaha to the north, east, south and south east, advancing the proportional rates on grain 114 cents per hundred, effective July I. All of these tariffs are clearly applicable as proportions of through rates on business originating "beyond" Omaha. The rates named In these tariffs sre only applied upon such shipments as hsve moved "In" by rail and satisfactory evidence of ttiat fact must be given to th"e transit inspection bureau, which Is maintained Jointly by all the railroads, before the proportionals "out'" can be obtained. If aueh evidence Is not forthcoming, the shipments are assumed to be local shipments originating In Omaha and the local grain rates, which are ma terially higher than the proportional rates, are applied on same. Contention of the Rmehnnare. In view of these facts, the exchange con tends that the proportional rates now In effect from Omaha must be applied to all such shipments as moved Into Omaha on the local rates prior to July 1, and that the advanced proportional rates which go Into effect July 1 can onty be applied on such shipments as leave the points of origin In the country July 1 or thereafter. We have presented this view to some or the rail roads ooncesued and have quoted the de cision of your honorable body on the ques tion of the application of the proportional tariff from Omaha to the east on sugar, which decision, we understand, was pub lished about June 6, and from which we beg leave to quote as follows: "That sugar which moved from Long mont etc., prior to the going Into effect of this tariff cannot bo moved out of ! Omaha under Its provisions and upon the rate named therein. A proportional rate Is a through rate and can le appnea only to the traffic moving thereunder from point of origin to destination. At the time the sugar moved from the originating points named, this tariff was not in effect and the local rate paid Into Omaha cannot bo treated aa an advanco payment upon a proportional rate which waa not In effect at the time of orlgVn of movement." Appllen to tne .Grain. We submit hat the language" of this decision applies clearly and unmistakably to the movement of grain In and out of Omaha and that It necessarily follows, from the reasoning of your honorable body In the sugar case, that a proportional tariff on grain, which is made effective on July 1, cannot be applied aa a propor tion of a through rate which waa used to bill the shipment "in" at a date before that tariff became effective. In support of our position, we beg leave to quote agalp from the decision of your honorable body In the sugar case: "All of the conditions, regulations and privileges obtaining as to any factor In such combination rate for through ship ment at the time of initial shipment upon such combination through rate must be adhered to and cannot be varied as to that .shipment during the period of trans portation oT such shipment to Its final des tination. A local or proportionate rate 'In' cannot be absorbed, diminished or affected by any 'opt' rate not In effect at the time when the traffic moved upon such local or proportional rate." We will appreciate It very much If your honorable body will advise us whether our ' contentions with reference to the appllca I tlon of your decisions are correct, and what proceedings are necessary to protect our rights, in case the railroads refuse to apply the proportional rate now In effect from Omaha for the completion of the haul upon business that originated In the country prior to July 1. Respectfully, OMAHA GRAIN EXCHANGE, By E. E. Bruce, Chairman Transportation Committee, and E. J. McVann, Secre tary. Answer of the Commission. WASHINGTON. July 8, 19W.-Omaha Grain Kxchancie. Omaha. Neb.: This is to 1 acknowledge receipt of your letter of June ' lo relative to proportional rates on grain ' from Omaha to eastern markets. A copy of ; the opinion of the commission In the matter ! of through rates where through routes have ' been established Is herein Inclosed. This ! opinion seems to be entirely clesr snd plain : and its application to any particular case I depends only upon the facts presented In ' such case. i Proportional rates, after all, are but the separately established charges of carriers applicable to through business Imposed by carriers which have Joined In a through route without a Joint rate. This being so, ! proportional rates take effect as of the date I of origin of shipment over the through I route, if a shipment from your town to the ' east is not entitled to the proportional as of '. tne date of its origin, then It la not entitled to move upon a proportional, but must movs upon the local rate. 1 cannot pass upon the facta In any cdjr,, nor determine the nature of any particular shipment, without Investigation and a hear ing to all parties Interested. If any carrier charges a different rate from the legal rate on any shipment the shipper may bring suit for reparation. Also, carriers threatening to charge more than the legal rates may be restrained by Inlune- j tlon. It may be added that an lntei.tlonal ! charge of more than the legal rate Is u criminal ofTonse boih on the part of the corporation and on the part of the officer or avent of such corporation making such eharjre. Very truly yours. FRANKLIN K. LANE. Commlasloner. statement of Local Committee. The transportation committee of the Grain exchange gave out this statement Monday: "It seems clear that the old proportional rate on grain, whluh was In effect prior to July 1st, mutt be applied to all grain for ' which 'back billing' can be furnished boar j Ing a date prlur te July 1st. Soiiid of the 1 railroads have claimed that the shipments must be through ahlpmeiitj to bit entitled to such a rate, but their own tariffs enn- trudict this. The turirT( clearly r.-ad tint ; the rates contained therein are applkable ' only u hi n business orltlnfttinj 'beyond' or , wnat of the Missouri river,' and an expen , give transit limpc tton bureau la maintained ' here by the railroads to see that no busi ness i billed on the proportional exui pi the hualneas d'kitfnated. No matter w-h.-ihe,- tt.a grain is billed in en local rates or any ' other rati. If It is carried out under the I tarlfa, they become, by Implication, part lot a through late, aa to that buaiius, and, under the decision of the commission, the ' dale of the oii-ln of the shipments under A.r tiillirir ilbtMrmlitwii tvl rut .. piles on the business. If the mo-rilx r of the exchange aie refused the application of the proper rates. It Is probable that ths ex change will enjoin the railroads, but It is tCoutlaued oa Page TweJ PROBE TELEGRAPH COMBINE Anpllcntlon Made for Referee to Take Test tin on v About Alleged Trust rct. NEW TOHK, July 8 Attorney General William 8. JacMon today made applica tion to Justice rintxt'k of the suprome court of New York county for the appointment of a referee to take testimony of the at torney general's allegation that the Tostal Telegraph and Cable company and the Western Vnlon Telegraph company have formed a combination to Increase rates of telegrsph service In this snd other statea. He declared that he was about to begin action to restrain this allegml combination, and asked that George J. Gould, Jacob HchtfT. Morris K. Jessup, E. H. Harrlman, Clarence Mackay, Robert C. Clowry and many others of both companies be ordered to testify before the referee as to the ex istence of the alleged combination. The action of the attorney general will be under a state anti-trust law of 1R9. He alleges that the combination he seeks to break was made last January and that as a result the tolls on messages between New York and points In this state were raised about 6 cents per message of ten words; also that the effect of the alleged combination has been to Increase the rates on messsges between this city and other cities throughout the country, In many In stances 10 per cent over the Tates previously existing. The attorney general charges also that the two companies have agreed to estab lish at various places in the state common offices and to divide the profits and busi ness received at these offices. He declares that when this was done In certain New York hotels the telegraph companies agreed to divide the gross proceeds of the busi ness equally. SIOUX DEDICATE MONUMENT Commemorate Slanlnsr of Treaty with the United States In 1858. YANKTON, S. D., July 8.-(Speclat.) At Yankton agency this week a monument of much historic Interest was erected by the Yankton tribe of Sioux, who formerly lived on this townslte. once the home of Chief Struck by the Ilee and his braves. The Inscription, which tells the story. Is as follows: "To commemorate the treaty botween the United States of America and the Tankton tribe of Sioux, or Dakota Indians: concluded at Washington, D. C, April 19. Is58; ratified by the senate. Feb ruary 16, 1859." Around the base runs the line, " Ihankttmwan - Yankton - Dakota Sioux." Another face reads, "In memory of the Yankton chiefs who made the treaty of 1NC8, Struck by the Bee, Black Bear, Medicine Cow, White Swan, Pretty Boy, Feather In the Ear, Craiy Bull, Frank Delorla." A third side contains a list of the delegates who signed the treaty, while the fourth rends, "The tribal councilors who kept the peace and saw that the agreements of the fifty years treaty were all fulfilled." ' Then followed another list of names, many of them familiar to those acquainted with early Dakota history. The monument, which Is the work of the Rapalee Marble works of Sioux City, Is a twelve-foot granite shaft and it waa only completed after many months of pow wows by the Indians, who were extremely careful about the lettering and hunted up thi'lr history with painstaking care to In sure that no mistakes were made. AUTO ACCIDENTJN ST. PAUL Two Men Probably Fatally ' Hnrt When Mnrhlne Tumbles Over Bluff. ST. PAUL. July 7.-Dr. J. H. Nichols snd C. F. Williams, both of Minneapolis, were probably fatally Injured In an automobile accident In this city this afternoon. They were membera of a party of Ave, Including Mrs. Nichols atnd J. It. Smith and wife. While driving along Summit avenue the chauffeur lost control of the car In some way and the machine and Its occupants went over the edge of a bluff, rolling over and over neal-ly 00 feet to the edge of the Mississippi river. All the occupants of the car were so seriously hurt that they were taken to a hospital, where It Is said Nichols and Williams will probably die. KEY PORT, N. J., July 7. Christopher Horandt, a wealthy silk manufacturer of Paterson, was killed and other members of his family Injured when a locomotive struck and demolished an automobile in which the party was returning home from Asbury Park late today. The accident hap pened at the stone road crossing on the Atlantic Highlands division of the New Jersey Central railroad. With Horandt were his wife, daughter and his nephew, Rhelnhardt Binder. All but Mrs. Horandt were thrown from the machine. Binder's skull was fractured and his condition Is serious. Ruth Horandt escaped with a sprained wrtst and bruises, while her mother suffered from shock. ELLISON FIRED FROM OFFICE Mayor MeClellan Removes Corpora tion Counsel of ew York from Plnce. NEW YORK, July 8 Mayor McClellan removed William B. Ellison, the corporate counsel, from office today, giving as his reason that he did not have that full confidence In the corporation counsel which the Interest of the city demanded. Differences of political character have existed between the mayor and Mr. Elli son for some time and developed Into an open rupture when Mr. Ellison announced publicly that a tentative agreement had been reached whereby peace had been res tored between Mayor MoClellan and the Tammany organisation. Mayor McClel lan denied that any compact had been entered Into. BARNES AUTHORIZES SUIT Supreme Judge Inatrueta Lawyer to Rrluar Suit Aa-nlnut O'Neill Editor. NORFOLK. Neb., July 1 (Special Tele gram.) Supreme Judge J. B. Barnes has authorised his attorney, Hurt Mapes, to commence suit against George A. Miles, edi tor of ike O'Neill Indepupdent, for criminal libel. The busts of the suit Is found in tin article which appeared In the Independent last week in which charges are said to be made against the character of Judge IJ urnes. WILL CC INTO CASE IN FALL Justice klrfull Refuses te Take Bean dulonS Matter from Gould Petition. NEW YOllK, July 8. Justloe Mi-Cull, In the supreum court todny, denied the -plication, of counsel for Howard Oo'il I. whore wife Is suing him for a separation, to strike from Mrs. Gould's complaint cer tain alleged scandalous matters. A mo tion te espunge certain Irrelevant matters was grouted, FIVE YEARS IN PEN Sentence Pronounced ' on Mayoi Schmitz by Judge Dunne. GREETED WITH LOUD CHEERS Court Boom at Once Cleared by Deputies. SCHMITZ INTERRUPTS JUDGE Mayor Objects to Lecture from the Bench. STATUS OF THE OTHER CASES District Attorney I.nnstdon la Vnabla to Say When They Will Be Called tor Trial. SAN FRANCISCO. July 8 -Mayor Eugene Schmlts, convicted of extortion, was today sentenced to five years In the penitentiary. When the sentence was pronounced there waa a romarkable outburst of applause from the hundreds of persons who crowded Judge Dunne's court room. Judge Dunne sentenced Mayor Schmlts to Imprisonment In Sun Quentln penitentiary. Sentence today followed the recent convic tion of Schmlts for rxtorttng 11.178 from French reataurant keepers of Ban Fran cisco. Aa the last words of the sentence fell from the Judge s lips ths great crowd that had stood throughout the dramatic scene sent up a thunderous cheer. "Good for you.V shouted a man In ths back of the room. His ejaculation was echoed and re-echoed by one after another of the spectators. Several threw their hat Into the air. Othere scrambled upon chalrg to look over the shoulders of the crowd. The greatest confusion prevailed. Attorney Falrall of the defense, raising his voice above the din, called out to Judge Dunne: "Your honor, this cheering Is a very un seemly occurrence." Orders Cheerlngr to Stop. "Well," retorted Judge Dunne with spirit, "If we had a sheriff worthy of the name It would have been stopped Instantly." Sheriff Thomas O'Nell waa standing Inside the re 11. He turned to the court and pro tested: "Nobody could have stopped thst, your honor." Special Agent Burns of the prosecution led a number of bailiffs and said: "Clear the court room; clear the court room." But only a hundred of the curious and apparently delighted men obeyed the sharp order. Some of them were hurtled uncere moniously out Into the hallways. About 108 others kept their vantage places around the counsel table, but Schmlts sat dictating a statement to the newspaper men. The dramatic 'atmosphere was heightened by a staff of newspaper men photographer who exploded flashlight after flashlight un til the court room was so filled with smoke thst It became gttflfnf. ; ' ..v- . The sentencing of the convicted mayor waa In one respect without a parallel In the criminal annals of San Francisco. SrhsnHB Interrupts Court. Half a dosen times Judge Dunne was In terrupted by Bchmlts, who protested In strong words agalnat the "delivery of a lecture" Instead of the pronouncement of Judgment. He accused the court of un necessarily humiliating him and giving op portunity for further humiliation by "the reporting of his romarks In the press. Once, replying to the prisoner. Judge Dunne said: "Such braien effrontery was probably no more than should be expected and It waa the duty of the court to bear It In pa tience." At another time Attorney Metaon, of the defense. Interposed a vigorous objection In support of his client, "to the court's lec ture." Judge Dunne's reply was that Mr. Mrtson, Instead of Interrupting the proceedings, ought to be given a day In court to an swer the charge that he had attempted to tamper with the Jury which convicted Schmlts. Metson, restraining himself, calmly an swered In the same spirit, saying that ha was ready to answer to any charge that was made against him. Judge Dunne warned Metson that another Interruption would provoke a Jail sentenoe for con tempt. ' When Judge Dunne, after having tils posed of .some matter preliminary to the trial of other bribery graft rases, called from the cnlenditr: "Tho people against Eugene E. Schmitx,' District Attorney Langdon and Attorney Falrall answered In unison "rendy." Judge Dunne Inquired of Mr. I.angdoa whether It wn his present Intention to proceed with th trial of the other four ex tortion cases agalnat Schmlts. The district attorney replied that there were many other graft cases on the calendar and that he waa unable to say at this time whether the four extortion rase would be pressed or not, "but," he concluded, "the counsel bae no objection te the passing of sentence at this time." "Under ordinary , clroumstances," said Judge Dunne, "where a defendant has been Indicted on a number of accusations and only one of them has been tried, the others remaining open for trial, I think It would be very practicable to pronounce Judgment upon the first conviction. But If the district attorney ha, aa he aaya. no objection to the Imposition of Judgment at this time I shall, of course, pass sen tence. Eugene E. Schmitx, stand up." Bcbmlta Obeys tho Court. The lopg, black-bearded prisoner arose at the counsel table. His face was ths color of Ivory; his lips were pressed tightly together. He bent his eye In a piercing glance on the Judge and never otice during the dramellt moments that followed did he drop them. Hla shoulders were thrown well beck and he held his head IJph. "Eugene E. Schmitx," said Judge Dunne, after reciting the facts of his trial and con viction, "have you any cause to show why Judgment should not be passed?" "We have," responded Attorney Falrall, and aa he arose to move for a new trial the mayor tat down. Mr. Falrall read briefly six grounds upoa which a new trial should be granted. TVs motion was promptly denied after Dlar trict Attorney La n scion had replied, after a- word of Inquiry from the court, that in the eyes of the prosecution the ground urged were wholly Insufficient. "The court does not deem li st tl .ru is sny merit in the motion, therefore It Is denied." raid Judge Dunne. Mr. Falrall excepted to the ruling and xaeved for aa arrest ef judaTtnaat. estamer-