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-
