Omaha Daily-
VOL. XXXVII NO. 20.
OMAHA, THURSDAY MORNING,' JULY 11, 1907 TWELVE PAGES.
SINGLE COPY TWO CENTS.
The
Bee
TRUST IS UNDER FIRE
World-Wide Tobacco Combine At
tacked in Federal Court.
CHARGES OF CONSPIRACY MADE
Allegation That Monopoly Coven All
Branchei of Business.
SPECIAL TERRITORY IS ASSIGNED
Methods by Which Competition is
Being Rapidly Destroyed.
BUI ASKS FOR
INJUNCTION !
Attorney Reynold Says
( rlmlnal Prosecution of Soma
Individuals In Combine
la Probable.
NEW YORK. July lO.-Jamee C. McRcy
tiolds, the apeclal assistant attorney general
who Med the complaint In the tobacco
cases, said today that criminal prosecu
tlon of Borne of the defendants named In
th care vrai highly probable; that the
Sherman law under which the action la
brought makes a conspiracy In reatralnt
of trade a criminal offense,
NEW YORK, July 10. The government
today filed In the United States court in
thla cty a petition agalnat the American
Tobacoo company, the. Imperial Tobacco
company, the British-American Tobacco
company, the American SnufI company, the
American Cigar company, the United Storea
company, the United Stogie company, the
MacAndrewa St Forbes company, the Con
ley Foil company and flfty-alx other cor
poratlona and twenty-nine Individuals con
nected with the named companies. These
corporations and Individuals constitute
what Is generally known aa the "Tobacco
trust," and the petition directed against
them seta forth the purpose of tha govern
ment to dissolve this trust by breaking up
the agreements under which the consolida
ted concerns are working. In showing
the growth of the "trust" since Its organ
ization In 1890 tha conclusion Is reached
that at an early day, unless prevented, It
would completely monopolize the entire
tobacco Industry. M,,t'hell Milling company, doing $!i0,000
That all of the defendants are engaged ; oamas'8- P 1
In Interstate and foreign trade and com- an Francisco has selected C. T. Hox
merce In tobacco and products manufac- ! l"n as nctlnK vor, and a plan for
turod therefrom la alleged by the petition. I fho08l"K the successor to Mayor Schmitz
It I. ..tH that th- t t,.i t i 18 "UKR-ested. Par. a
protect trade and commerce," and subse
quent acts have been violated, and the gov
ernment therefore seeks to prevent and re
strain the unlawful existing agreements
combinations and conspiracies and attempts
to monopolise and break up perfected
monopolies. The government asks that the
existing combinations, conspiracies and
monopolies do enjoineq ana mat eacn or
the defendant companlea be reatralned !
from holding or controlling stock ln any
ether oomparry.
, :Alm at Imperial Ooaaaany.
It la further asked that the Imperial
Tobacco company be enjoined from doing
bualneaa within the Jurisdiction of the
United States; that it shall cease to ob
serve the terms of Its agreement with
American companies; that certain of the
defendanta be declared combinations In re
straint of trade and be enjoined from en
gaging In lnteratata and foreign trade and
commerce, or that a receiver be appointed
to take charge of their affairs and admin
ister them ao as to bring about condltiona
ln harmony with the law.
The organisation of the Tobacco trust, ac
cording to the petition, datea from the for
mation of the American Tobacco company
In 1S9C to acquire five competing cUareite
. manufacturiea with Joint assets much less
than tS.000,000 and an annual consumption
of leaf under 15,0u0,000 pounda.
The petition Bhowa the subsequent history,
development and growth of that company
until lta total assets now exceed 0,000,000
and likewise the manipulation and opera
tion of created, acquired and controlled cor-
mratlnni iitlllK A mm u.tiiln. n ..wm.llL !
the general design; the progressive abaorp-
tlon and elimination of coniDetltors and de.
structton of formidable opposition and the
entry Dy aerenuanta into various depart-
menta of manufacture and trade, domestic
and foreign, into tobacco products with
Intent to monopolise.
Special Territory Aaala-aed.
The allegation Is made that the numbers
of the combination have divided un tha tn.
bacco bualneaa of the world, assigning to
Borne apeclal territory for unmoleated ex-
ploltatlon. It is declared that the consoll- j
dated corporations annually purchase 475,- .
OO'.OOO pounda of domestic leaf and of the !
total productlor. In the United States manu- !
facture, sell and distribute more than 40,
O0C.O00 (80 per cent) of the smoking and plug
tobaccos, 6 per cent of the snuff, 80 per
cent of the cigarettes, 78 per cent of the
small cigars, 96 per cent of the licorice
products, 80 per cent of the tin foil prod
ucts and 10 to IS per cent of the cigars and
stogies; that they are rapidly acquiring
control of the ordinary agencies Jobbers,
wholesalers and retailers through which
tobacco products are distributed.
Of the total annual production of domes,
tlo tobacco, estimated at SOO.000,000 pounds,
76 per cent is purchased by the American
Tobacoo company and lta associates and Its
allies at prices which the government al
leges to be unlawfully Influenced by the
combination. It Is said that this ls ln de
fiance of the usual laws of trade where
open competition by many separate and In
dependent concerns control the prices.
Haw Monapoly Operated.
The operations of the monoply. according
to the petition, have been along this general
plan; To acquire through other confed
erated companies the business of successful
opponents, taking from ownera and man
alters contracts not to thereafter engage
ln the tobacco bualneaa; to drive out other
opponents by destructive com petition; to
deter any who might wish to engage ln the
trade; and, finally, lo gain control of the
agenclee through which tobacco products
were distributed. It Is said these things
have been accomplished by means of the
Increasing power and forces of the com
bination and by acquiring controlling In
terms In the stock of corporations there
after operating without competition. Many
kinds of unfair trade methods have been
resorted to. It is said, a favorable one being
t6 cause a tprporatlon secretly controlled
to advertise ftself as wholly Independent
and free from association with tn." ta and
combinations; to offer Its goods below cost,
to Imitate corporation brands and In these
ways to use the same for the destruction
of real Independents.
Aa Interesting chapter of the petition la
devoted to methods of distribution of to.
beoei) products. The American Tobacco
(Continued ea Second Page.)
SUMMARY OF THE DEE
Thn radar, Jnly H. 100T.
1007
JULY
1907
u moh rut wco rug Ml SAT
12 3 4 5 6
7.8 0 10 II 12 13
I 1 16 17 18 19 20
2.
28
3 24 25 26 27
3i a s
THIS.
FORECAST 'i
Mt; ahowera In
Hour. Dee;. .
ti. n
.. 70
,. 70
I 1 a m
7 a. m
I ft. m
72
73
75
I A .
p. m
fa
DOMiaTIC.
President Moyer of the Western Feder
ation of Miners denies on the wltneso
stand that he had the relations with i
Orchard to which Orchard testified. j
Japanese and American state depart- I
menta emphatically deny the rumor from I
The Hajrue to London that categorical j
notea have been aent to Washington by !
Japan. Ambassador Aokl Is to remain in I
this country and no ill-feeling exists. Ad-
mlral Yamamoto gives Interview In favor
of peuccful relutlons continuing. Faga 1
Petition Med against the Tobacco trust,
as existing In violation of the Sherman
law. Special Assistant Attorney Gener.il
James C. Mi-Reynolds declares that crim
inal prusecutlona will follow agalnat to
bucco men Fags 1
W. J. Sloan, confoaaed murderer at
Grand Island, tries to commit auiclde ln ' lalter was a,,otea " Bay,ng lnal ru;K"
Grand Island Jail. Fare 3 i nHVal mcors "r brilliant social figures
Express companies of Nebraska ask f i but An'n- ln Professional training and
have cases against them ln supreme court : Pctlce and that the crews of American
trn.ferred to federal court. Missouri Pa- 'M would retrat ratner t!,"n fl.8ht
clftc road challenges right of Nebraska ! JaPan' Simultaneously with the wlth
Rallway commission to have Jurisdiction j drawal of thl" '"tervlew, the Hoch will
over oil rates, claiming they are of inter- P""""" an anonymous Interview with a
state character. Pao-a a , Japanese naval expert, highly eulogistic of
Secretary H. W. Tyler of the Sheridan
chamber of commerce commits suicide be
cause of financial troubles. Page 1
The bridge over James river, near
Mitchell, S. D., on the St. Paul road.
collapses and forty workmen on tra'n I
have nurrow eacupe. Page 1
Lightning sets fire to plant of thi
Crab Orchard suffers loss by Are that i
, wipes out large portion of business dls- .
i tricC Faare 3 .
Page 3
j Superintendent E. G. Cooley of Chicago
I selected president of the National Educa
tional association at Los Angeles Page 1
Santa Fe railroad Indicted for making
payments to a Kansas sugar company. I
'" 1
Wlsronaln n.t. r,... tha hill for .
2ont n-nn j
13,500 a mile. Page 1
Walter Travis plays aecond quallylns
round, at Cleveland In 'aovanty-one stroke..
Page 4
unageman Dunning at pniiaaeipina col-
lapses, purying six men in ruin. rog-e l ;
a Jin aa s aa. (
State food commissioner namea Friday :
as date for meeting merchants for dls - ,
cusslon of the puro food law. Supreme
court desires further argument before
passing ln case Involving the constltu
Uonallty of the Gibson brewery law.
Pag-e 3 j
X.OCAX.
Creamery men enter anotheT protest '
against the express companies, asserting
they are trying to shift on the creameries
the expense of handling cream at depot:'.
Page 11
Judge Sutton refuses to Issue restrain
ing order to hold up slot machine order,
and Instead cites board to show causo
why the ban against Blot machines shoul.l
not be permanently enjoined. Page 2
Lowness of Intersection fund makes It
Impossible to pave all streets covered by
riMtltlona Vaora 7 i
. .. .
i rire ana rxuice tioara aaopis rum uui
firemen on night shift
I while on dutv. and firemen
I Pare 3
Union Paclflo la gradually double-track.." question iur w..o w ..i.r ...u
tna its svstem. over 100 miles of double ; rot for u" to "Pr8" an opinion.
j tracking being already laid ln Nebraska,
Fatfe T
Travelera from bver the state declare
' crops are looking fine,
Fags 11
gas-testing m-
City has purchased a ras-testlng ma-
chine and will proceed to have gas ex-
I amlned for Illuminating power. Faga S
COKMX&CIAI. AMD XKTV9TK.ZAX.
Live stock markets. Page 9
Grain markets. Page
Stocks and bonds. Fags
aCOVXICZHTS OF OCEAJf STEAMSHIPS.
Port.
NEW YORK
NEW YOHH
NEW YOHK
NT.W YORK
NEW YOHK
I.IVBHPOOIj
S!l..
...Carmftttia
... B&tavtft
... NoordAn
...Necktr
...Amrllui .
,.MluolaD ...
ArrlTd.
..Sofia Hohenburt.
..Kier Vi'lllTm II
., Uulsa rl.
QfeSNsTOWN .. Carditis.
PLYMOUTH a.tr
Wllhflm
dr Oroaaa
N A ruts
KOTTKKDAM
LONDON
LONDON
DISNEVA. ....
IIOSTON
CLasOOW ...
MARgmLLES
UARitlLLKS
.Koala Albert.
Calumblaa ...
Lithuaula.
. Br.llnlri.
Qaoritaa.
. Saiaola.
... Sarnie ....
, Marquatta
... Sicilian ,
M Italia ....
...Roaoa ....
FIRE DESTROYS MILL PLANT
Over Fifty Thoneand Dollars Extent
of Loss ln Blase at Mltch
, all. S. D.
MITCHELL, 8. D.. July 10. (Special Tel
egram.) At S o'clock thla morning the flour
mill of the Mitchell Milling company was
struck by lightning ln the fourth story and
tnalde of two hours was barned to the
ground. The mill had been running all
night and the firs was discovered by the
head miller. The water pressure at that
hour ln the morning was
Inadequate to
cope with the lira The loaa on buildings
and machinery ls placed at about
ttt.000,
flour
mill
on wheat about $10,000 and on
in storage at about $16,000. The
carried about 10,000 bushel,
of wheat in stock to tide It over the sum-
,., ,
mar season, waiting fer the new crop, and
, . " ,
there was about 1.000 sacks of flour on hand.
Three cars of whsat and two of flour were
standing on the side trsck near the mill,
and all but one car of wheat waa pu.hed
out of ths way of the flames.
Tha mill was equipped with much new
machinery last year and a new boiler and
engine house added this spring. The engine
la practically ruined. The Insurance on the
stock and building amounted to about
$18,000. Mr. Chrlatenaen, one of the owners
of the mill, st.tsd that ths firm would ln
all probabilities rebuild at once. But lit
tle. If any, of the machinery can be wtll-laed.
DENY DEMANDS WERE MADE
Story Japan Intends to Deal with
California Untrue.
AOKI TO STAY IN WASHINGTON
Report Officially Drilled la ToU lo
ll oofc I Will Withdraw Inter
view Reflecting on Amer
ican Navy.
WASHINGTON, July w.-From the State
'HASKA Fair In ! department and irom tne Japanese am
nion. , bassy here came swift and conclusive de
,rur. Deg. ! nlul today of the accuracy of the atate-
10 a. m 77 ment cabled from the Hague to the Lon-
11 a. m 7S don Dally Telegraph and reprinted In this
12 m 80 country to Jhc effect that Japan has made
1 p. m 82 categorical demands upon the United States
2 p. m ti ' government for aatisfaction in connection
with the treatment of Japanese In San
Francisco and has served notice of Its
Intention to deal with the Californlans
itself If the natinonal government falls
to do so.
At the State department It Is said that
the American public Is fully aware of the
nature of all the exchangee that have
taaen place on mis suujrci, w....
"en n correspondence of recent date
and that there are no "-ffot'tlons ln P"
rvB btween tna two Svernments. This
atatement is fully confirmed at the Japan
ese embassy, moreover. It Is positively
stated that Ambassador Aokl la not going
to Japan next fall aa was reported in a
; Japanese newspaper.
TOKIO, July 10. The report that Am
j bassador Aokl will return home la officially
! denied.
! The Hochl will tomorrow withdraw the
' Interview with Admiral Sakamoto. The
the efficiency of the present American
navy and the high standard of Its gunery.
Yaniamoto la For Peace.
NEW YORK, July 10.-"I think the
friendly relutlons of long standing between
tha United Stales and Japan should be
preserved and the passing storm disappear
In the waters of the Pacific ocean. I firmly
believe that this one Incident cannot bo
thrown In the way of the present relations
between the two countries which began at
the time of my birth.1;
Thus spoke Admiral Baron Gombel Yama
moto, Japanese minister of marine during
th(, Japanese-Russian war. a a erecting to j
tne American people today on his arrival ,
.l.K hi- .ultn on hoard tbe stpamRllln '
here with his suite on board the steamship j
Cat mania. Admiral Yaniamoto has been (
Inspecting tho gunshopa and shipyards of ,
Europe, and while here he will visit our
navy yards and shipbuilding plants.
Ho waa rnet at tlie quarantine by Lleu-
tenant R. W. Henderson, representing
Rear Admiral Goodrich, commander of the
New York navy yard, and who extended j
Yamamoto made the occasion of hla arrival
an opportunity to deny the., reporta from
the Tnklo that'the leadership' of the pro-
grcggive party would fall upon him on hia
return home an(j lat ttTOTtn would he
' n.n.u (n nu.rlhrnn lha Rslonll mlnlntrv !
. v.. ......... v i
He declined to express an opinion on the
, Intention of the I nited States to send a after midnight last night. The fire origl
large fleet of warshipa from the Atlantic ; patcd In the A. F. Roxburgh frame build
to the Tactile coast. The admiral will take ; ing Tho ground floor of thla building waa
luncheon with President Roosevelt on Fri- j occupied by Mr. Roxburg'a barber Bhop on
j day at Oyster Bay. , CIle Blde ann Anlone Barne's harness shop
dmllea for the Reporters.
AHmlrl Vamamota received numerous
dlapBtchea on board the Carmania at quar-
-ntfn- and nfter ha bad reAd them he re
celved the newspaper men. He Is of short
stature and compact figure, with iron gray
hair. A thin gray beard does not conceal
a smile which played about his face during
the entire visit with the reporters, for the
admiral answered each question first with
an expanding smile. His replies were in
Japanese, which were Interpreted by an
aide. When asked what he thought of the
Intention of the United States government
i to send practically all of our battleships to
adopts rule mat j .
may not sleep I the Pacific coast, Admiral Yamamoto, amll
sn are objecting. ln broadly, said: "I, myself, have no bad
i - . ..
I feeling against the United States, but It ls
"America is a country which has been
i friendly to ua ror ears, in raci, a treaty
: between this country ana japan was made
at the time I was born. It ls an old feeling
of friendship, wnicn I ao not ininic a pass
'lng storm can Interfere with, but it depends
I upon the pens of tne press to smooth the
I storm.'
1 Will Not He-Enter Politics.
I Admiral Yamamoto seemed to regard as
; a Joke the report from Toklo that on hla
! return Count Okuma would ask him to
take up the leadership of the progressive
party, with a view of overthrowing the
SalonJI ministry, and after a hearty
laugh, he said:
"I have already accepted one cabinet
position In my country and am quite tired
out. My business now Is the sword by
my side. Political parties have no Interest
for me."
The admiral said that much depended
on the attitude taken by the preaa on the
preaent situation.
"Too much care cannot be taken by
the press," continued Admiral Yamamoto,
"for a few careless worda will do more
harm than good. There are many snnsa-
I tlonal papers, both here and ln Japan,
'. and I ask the edl'ora to make a thorough
atudy of the situation before writing their
views."
LIST OF RHODES SCHOLARS
Names of These Who Go ta OarWd
Include S. M. Rtiiakrr of
Nebraska.
BERKELEY, Cal.. July 10. The complete
' cf American Rhodes scholarship ap-
i Polnteea who will go to Oxford thla aum-
I mor has been glvan out .by Farnham P.
! Griffiths, secretary to President Benjamin
Id" w heeler of tne rnlvers ty of Call-
fornla. Griffith. 1. ths Rhode, scholar man
I chosen to represent California this y.ar.
. . jmm.r.
! There are forty-five Americans and eight'
, .t ,, . .
I from Canada In tha Hsu The men from
I American states Include Charles A. Keith,.
! LRUs Rock. Ark.; Ben Tomllnson. Cham-1
P'n, 111. ; Albert K. Wahllen, Des Moines,
la. (Indiana); Warren Q, Ault, Baldwin,
Kan. John S. Cuater, Liberty, Mo.; J. R.
Thomas, Mtaaoula, Mont.; 8, M. Rlnaker,
Lincoln, Neb.; O. R. Vowels. Bismarck,
N. V.; Earl Kline. Norman, OkL; Gori
W. Norvell Mltrh.lt H r llh.ri (-.
a.
Sanders, New Haven, Conn, (Texas).
A large number of the scholarship hold
ers have planned to cross ths Atlantic to
gether, leaving Philadelphia September 21
by the American line steamer Merlon.
SLOAN WILL PLEAD GUILTY
Coafeaaed Murdtrer find Ilia Prelim
inary at (iraad Inland
Trial Sat Boon.
GRAND ISLAND, Neb., July 10 (Spe
cial.) A brief formality In the county court
has bound W. J. Sloan, the confessed mur
derer of Frank Hermann, over to the dis
trict court on the charge of murder In the
first degree, without ball. As thero Is no
excitement here over the case the proceduro
was witnessed by only a few, among them
the mother of the accused, who arrived
from her home In Bt. Joseph. She appears
to be a well educated -woman and was so
broken spirited that only those who were
compelled to do bo In order to be of as
sistance to her, addressed her or disturbed
her ln any way. Among the witnesses
present waa Mr. Fowler of Aurora, to whom
Sloan sold Fnpnk Hermann's watch. Mr.
Fowler has known Blnnn since he was a
boy, knew the defendant's father, and says
of the latter that ho; was as honest a man
aa he ever knew.
ome of the acquaint-
ances and former em
lnyers of Sloan In the
eastern part of the ft
ite cannot understand
the man, as he ha
have robbed people i
been In position to
uch more easily than
by killing them. Bt these and by others
acquainted with the history of the man, his
act Is attributed to Ignorance and, perhaps,
to whisky, he being .addicted to frequent
sprees. I
While ln the lowet court the more se
rious charge of murder In the first degree
Is placed agrflnst Smart, a charge which
necessitates trial In the upper court and
the fixing by the Jury of the penalty of
death or penitentiary for life, It Is expected
that on the ISth court will be In session
here and that Slnan will be willing to
plead guilty to murder In the second de
gree, and take whatever sentence Is given
him, from Imprisonment for twenty years
to Imprisonment for life. Sloan seems self
possessed and more at ease since he has
made his confession than previously.
S!oai Is In a dangerous condition from
something taken. It Is believed, during
the night. He ate little last evening,
lying down after parting with his mothor,
following the preliminary hearing, and
remained ao during the entire evening.
This morning he refused breakfast, acted
drowsy and later the bailiff could nut
awaken him and called ln a physician. He
was plainly under the Influence of some
poison. In the opinion of the county
physician he has taken some powerful
drug. He does not answer questions In
telligently and seems
constantly appealing
lng, "Don't let them
0 be much afraid,
1 the officers, call
et me."
SPRINGFIELD. Ne., July 10. (Spc-
cial.) Willie Sloan, o
who has confessed to
he Is known hero,
the crime of mur-
derlng Frank Hernia in near Grand Is
land, spent his rhlldh4d days on u farm
four'mllHH west of thlsjulace. His parent
rpmove(1 from hore ,nlthe prlnr of , ,
. . a .
and went to Michigan. loiter his mother
Becured a divorce from his father on
the ground, cf extreme cruelty and drunk-
enness, but some five years ago they wero
remarried and now reside In St. Jo
seph, Mo.
BAD FIRE AT CRAB ORCHARD
la Accredited toWorlt of
Kirebus. ' . -
TBCUMBEH. Neb., July 10 (Special Tel-
mimUT,, ,. nf rrah orchard m th
. a - . i . ... . i .
weniern pari 01 mis county nunercu ua
elghtn destructive fire ln five yeare shortly
! on the other. Up stairs Mr. Roxburg and
' family lived. Mr. Roxburgh loss on the
i bulM,n " im' on household effects 11.000,
' aim nu innuraucc on eiuitT. air. JUH.ru e
I lo" ls 3-m- """ance 2.W.
To the the flames spread to the
two-story frame building of A. Spencc.
! onPl'tely destroying the building and
j most of the contents. T. R. Edwards ran
a barber shop ,n thl8 bulldln a'"i sh"
man xiicnarupon mu some pumps anj
plumbers' auppllrx in U also. On the sec
ond floor R. J. Spence conducted a photo
graph ga!ry. Loss on tiuHdlni;, ISO;
Insurance, Sffl. Lo?s on photograph gal
lery, $500, Insurance, $310. There vere small
losses to stock below. To the eant the fire
spread to a one-story frame building, owned
by M C. Myers and occupied by L. V.
, Madun with a grm.ery BUm stock. Most
j f ,h aroccry .toCK w. ,aY!d. belnH re.
; moV(.(1 froni the building. Tha building
, wa, j.jst; value, $Uo0, and partly covered
hy insurance. John Kelber s butcher shop,
( a ono -story frame building, with lta
contents waa lost; value, 800. Both
buildings an 1 stock are partly covered by
Insurance. The cauun of the lire ls not
known, but some credit the theory of In
cendiarism. Crab Orchard ls without fire
protection, having voted down a water
works proposition this spring.
SANTA FE ROAD IS INDICTED
Charged with Granting Rebates
Amoantlnfj to flS.OOO to Kan
sas Sna-ar Company.
CHICAGO, July 10. An Indictment
charging the Atchison, Topeka & Santa Fe
railroad with granting rebates amounting
to $11,000 to tha American Sugar and Land
company of Garden City, Kan., was re
turned to the grand Jury ln the United
States district court. The indictment con
tains sixty-five counts, esch one relating
to an alleged Infringement of the law and
the company. If convicted. Is subject to a
maximum fine of $1,30,000, or a minimum
of $66,000.
The rebates are said to have been
granted by the Santa Fe railroad while
the sugar refinery waa being erected at
Garden City In 19u5 and 1906, on ahlpmenta
of building material, the freight on which
amounted to $100,000. It la alleged that the
railroad had agreed to return $36,000 of the
$100,000, but that no less than V-1.000 had
been paid when complaints were heard
from other shippers and ths government
commenced an investigation. It ls claimed
by the government officials that ths offi
cials of the railroad have admitted that
$12,(00 waa paid, but It Is maintained by
the railroad that the money constituted
U. . .i. w ij.t . ...
""TV 'hT. f th
nBenr " "
raad and was not given as a rebate nor
...... , . ...
as a discrimination against other shippers,
vv
IOWA PFK HFAnOII AQTCDCJ
,ur OCCIVJ nt-HUUUHn I Cno
Heraneal an Paot to Take Coal Deal
ers' Ofllcee to Nelarhbor
Ins State.
FORT DODGE. la.. Ju1v UV IRwUI
... ,. t ,... i... .!,..-.
!. . . T , . .
from Nebraska to Iowa Is being made to
day at the ninth annual convention of the
Iowa and Nebraska Coal Dealers' associa
tion ln session here. Four hundred dole
gates are present. Ths convention will
close tomorrow
NEW CHARTER IS ACCEPTED
National Educational Association
Adopts Constitution.
C00LEY ELECTED PRESIDENT
Superintendent of Cblcako Schools
Will Direct Affairs of the Ur
banisation for Coming
Year.
nri.LETix.
1X8 ANGELES), Jury . The new charter
of the National Educational association
proposed at the Asbury Park meeting ln
1!H6 and authorised by special act of con
gress ln 1(MI was unanimously accepted by
the convention today.
The report of the nominating committee
was adopted and the entire ticket declared
elected.
LOS ANGELES, July 10.-E. O. Coolry.
superintendent of the Chicago city achoola,
was today nominated for president of tho
National Educational association by unan
imous vote In the nominating commute
No other names were presented. This
means that he will he unanimously chosen
by the convention this afternoon.
The nominating committee met at 9
o'clock. This committee, named by Presi
dent Schaeffer, consisted of thlrty-Blx mem
bers. Fourteen of the different states did
not ask for representation on the committee
because of their' having only associate and
honorary members In attendance upon the
convention. The following statea were not
represented on the committee: Oklahoma,
Georgia, Louisiana, Maine, Massachusetts,
New Hampshire, North Carolina, Rhode
Island, Virginia, West Virginia, Wyoming
and Vermont.
Joseph Swain of Pennsylvania waa
named chairman of the committee. The
convention was programmed to assemble
and receive the report of the nominating
committee at noon today. The unanimous
nomination and election of Edwin G. Cooley,
superintendent of the city schools of Chi
cago, to aucceed the retiring president, Na
than C. Schaeffer of Pennsylvania, had
been conceded since Monday. Mr. Schaeffer
becomes first vice president and a member
of the board of dirctors.
WAR ON WEEDS UNDER WAY
Health Commlaaloner Will Appoint
Konr Inspectors to Start
Work at Once.
City Health Commissioner Connell has
made arrangements to appoint four weed
; Inspectors as soon as the resolution oi me
' council giving him $450 Is signed by the
mayor. The men to be employed will be
I those who did the same service last year
' and they will be given work as long as the
: fund holds out.
I The Inspector will be Instructed to save as
j much time as poBslble, so that every part of
i the city ahall receive attention. For this
I reasen little leniency will be shown property
' owners. They will be notified once to abate
; the weed nuisance and tho next notice will
be In the form of a summons to police court
to explain why the nrst oraer nas noi own
obeyed. . ... . ' k
GOVERNMENT'S CROP REPORT
Condition of Corn Reported aa 80.
While All Wheat Arer
aSjCB Up 81.6.
WASHINGTON, July 10. The Department
of Agriculture reports conditions of crops
on July 1 as follows:
Corn acrease, 9S.0ti9.0OO; condition, 80S.
Winter wheat condition, 78.S; spring
wheat, 87.2. All wheat, 81.6. Amount ln
fanners' hands, M.863.000, equivalent to 7.05
per cent of the ciop of last year.
Preliminary returns show the acreage of
corn to be about 9S.099.O0O acres; an Increase
of about 1,361.000 acres, or 1.4 per cent, as
compared with the final estimate of the
acroage planted last year.
The average condition of the growing
crop July 1 was 80.2, as compared with 87.5
on July 1, 1906, 87.8 on July 1, 1905, and a
ten-year average of 85.S.
DEATH RECORD
Benedict-Wing.
Ezra Benedict, from whom the town of
Benedict, York county, was named, se
cured a license to wed Mrs. Alamry Wing
of Lyndhurst, Canada, Wednesday morn
ing. They were married by Justice Cock
rell. Their marriage Is the result of an
acquaintance begun when the two were
children. Mr. Benedict ls a native of the
region from which Mrs. Wing cornea and
the two played together when they were
young. They met by appointment In Omaha
Wednesday and will go back to Benediot
to live,
Nathan Toncrar.
PLATTSMOUTH, Neb.. July 10 (Special
Telegram. ) Nathan Toncray, aged 82 yeare,
passed away In the Nebraska Masonic
home today and his body was tsken to
Fremont, for former home. He was a
brother of Mrs. Cora Vanderwert, Mrs.
Anjenette Albertson and Mrs. Thomas. His
son, C. H. Toncray, was well known
throughout this state and was a brother-in-law
of G. W. E. Dorsey.
R. C. Palmer.
Randall Cook Palmer, son of the late Dr.
O. V. Palmer of Blair, died at the home of
his mother, Mrs, C. O. Lobeck. Wednesday
morning, aged 84 years. He leavea a widow
and one child. Mr- Palmer was for some
time in the employ of the street railway
company, but had been 111 for a year or
more. The funeral will be held Thursday
at noon at ths home of Mr. Lobeck. In
terment will be It Blair.
Mrs. Karen Ncble.
Mrs. Karen Neble, mother of Sophus F.
Neble of the Danske Pioneer, died at the
age of 76 years Tuesday. The funeral will
be held from the residence, of her son at
South Twentieth and Boulevard streets
Thursday afternoon at S o'clock. Inter
ment will be at Springwell cemetery.
Baby Copeland.
Barnard W. Copeland, the 4-year-old .on
of Mr. and Mrs. W. M. Copeland of Tor
rlngton, Wyo.. died at 562 South 28th street
Tuesday. After a short service at that
number Wednesday afternoon the body
waa taken to Blue Springs, Neb., for burial.
. Babr Johnson.
Irene B. Johnson, 8 months of age, the
daughter of Mr. and Mrs. M. T. Johnson
of Bancroft, Neb., waa burled from ths
Bwanson undertaking parlors Wednesday
afternoon at S o'clock. Interment was at
Springwell cemetery.
Big Prices for Haraes.
FIRRRB, S. D.. July 10. Ppeclal Tele
gramsAt the horse sale here today un
broken rangers sold at $108 per head ln
carlots. Everything Is going at good prices
and a lot, of horses are going through the
ling.
WORKMEN BURIED IN RUINS
Rrldarman Bnlldlna at Philadelphia
Collapses and .Many ltratha
May lleault.
PHILADELPHIA. July 10 Six workmen
are believed to have been killed by the
colla;ise of the Hrldgeman Brothers' build
ing on Washington avenue below Fifteenth
street, this afternoon. One body, that of
John Marshall, has been taken from the
debris, and at least five others are In the
ruins.
At the time of tho collapse about twenty
five men were at work on the structure
and when the east wall began to crumble
many of the workmen Jumped and escaped
with their Uvea. A number of others were
carried down beneath the hundreds of
tons of concrete, and, If they were not
Instantly killed. It la believed they cannot
survive their Injuries until the rescuers
reach them. Scores of men are at work
endeavoring to reach the unfortunate
workmen, but the work of rescue Is necec
sarlly alow because of the lmmenae weight
of tho debrla which must be removed.
Concrete and huge girders are piled as
high aa the second story of the building.
Brldfreman Brothers are manufacture
of steam fitters' supplies and were con
structing an addition to their factory.
At 3:S0 p. m. only one of the six men
j believed to be In the ruina of the Col-
la a ed building had been taken out. Thoae
still In the ruins are believed to be dead.
A strike of laborers rpobahly saved the
Uvea of many m r men. Thea- men yester
day refused to hoist brick after working
hours unlese they were paid double wages.
The bricklaying contractor offered them
time and a half, btu they refused to con
tinue work. Consequently when the brick
layers today found no brlcka hoisted for
them they returned home. The cause of
! the collapse Is not known. One theory la
jth l tho foundation weakened and another
I Is that the contractors removed some of
the wooden supports before the concrete
had thoroughly hardened.
The building waa being erected by A. A.
Reavls, trading aa the Sheet Metal and
Cornice company of Washington, D. C.
MITCHELL BRIDGE COLLAPSES
Bad Wreck on St. Panl Road, In
Which Laborers nave Nar
row Escape.
MITCHELL, S. D., July 10 Special Tele
gram.) A bad wreck occurred on the Chi
cago, Milwaukee & St. Paul road last night
at 10:55 o'clock, when a wrecking car,
a block car and a combination
coach went through the Jamea river
bridge three milna east of this city.
A crew of men hnd been working at
Burttn clearing up a wreck which hap
pened the day before and when the work
was done the wrecking train started for
Mitchell. The boom on the wrecking car,
which stands about thirty-five feet high,
struck the spans on the top of the bridge
with such force as to make the east end of
' the bridge collapse, prectpttatlng the three
cars In the water below, the engine passing
over safely. The three cars are piled on
top of one another, tha combination car
Just touching the top of the river. i
In this car were forty laborers, none of
whom waa hurt In the least. After this
j ear went down tha men crawled through
I the front Vind, which stood nearly erect,
j All eastbound trains will be .sent south
via Scotland until the bridge la repaired.
CONVENTION HAS RECONVENED
Oklahoma Gathering Sleets Again to
Determine New Elec
tion Date.
GUTHRIE, Ok!., July 10. The convention
that early this year drafted a constitution
for the proposed new state of Ok la moh a,
reconvened here today after a two montha'
recess. The convention had previously set
August 6 as the date upon whloh the docu
ment should be submitted to the vote of
the people for ratification or rejection,
but ln the light of later developments this
date was annulled. The present work of
the convention will be to set a new election
date, to finish up a good deal of minor
work and to adjourn sine die. The final ad
journment Is expected to be within ten
days. After the convention has adjourned
the republican state committee will issue
a call for a state convention to nams a
full set of ofllcera. The republican gather
ing has been called to meet at Tulsa July
12, but It later waa determined to cancel
this date and wait until the constitutional
convention finished Its work before meet
ing. The democrats have already named
their tickets.
DOUBTS COMMISSION'S RIGHT
Missouri Pacific Railway Says that
Oil Rates Are Interstate In
Character.
LINCOLN. Neb., July 10. The Missouri
Pacific railway today challenged the au
thority of the Nebraska Railway commis
sion to adjust, determine or fix oil rates.
The Marshall Oil company several weeks
ago complained that the Nebraska freight
rat schedules discriminated against the In
dependent company and In favor of the
Standard OH company, allowing the latter
to distribute from county seat points. In
answer the Missouri Paclflo ' asserts that
ths Intsrstate Commerce commission has
sole Jurisdiction.
WOMAN WILL GO TO NEW YORK
Florence Wood of Chicago Will Offer
No Resistance to Requisi
tion Praeeedlngs.
CHICAOO, July 10. Florence Wood, alias
Florence Moore, the sister of Mrs. Laura
Carter, who betrayed Chester B. Runyan,
the defaulting teller of the Windsor Trust
company of New York .today declared that
she is willing to return to New York with
out extradition proceedings. Miss Wood Is
believed by the New York police to have
received more than $30,000 of the money said
to have been taken by Runyan. In her
possession when she was arrested last night
weis found $280, six bank books and five
safety deposit keys.
WISCONSIN CUTS THE FARE
Senate Passes Two-Cent Rate Bill,
Affecting Lines Earning
3,600 st Mile.
MADISON. Wis., July 10 -By a vote of IS
to 11 ths senate this afternoon passed the
S-cent fare on all lines having a gross
earning of $3,(00 per
Heavy Ralne Near Pierre.
PTrTRRB. S. D., July 10. (Special Tele
gram. A rainfall of three Inches Is re
ported from Itilllp last niyht, with an
other heavy rain on Bad river this after
noon, which promises extremely high water
tn that stream. A rain of about two
Inches Is reported In western Sully county,
north of hsre, this afternoon, putting
streams at aa Impassable stage.
MOVER DEJilES IT ALL
Head of Miners' Federation Testifies
in Haywood's Defense.
FLATLY CONTRADICTS ORCHARD
Organization Had no Criminal Deal
with the Assassin.
ALLEGED CONFERENCES NOT HELD
Says He Never Met Orchard in Petti
bone's Backyard.
CIPHER TELEGRAM INTRODUCED
It Shows That Jack Hlmpktns Aaked
Union to Pnrntah Lawyer to
Defend If oaaa letters
Read Into Reeord.
BOISH Idaho., July 10. Charles II. Moyer
went to the stand today, a witness for his '
fellow defendant, William D. Haywood,
and besides making positive denial of all
the crimes attributed to him and tha
other federation leaders by Harry Orchard,
offered and explanation of the uncollctled
appearance of the Western FederaUon of
Miners as the defender of Harry Orchard
Immediately after his arrest al Caldwell
for the murder of Steunenberg.
Moj-er swore that It wns Jack Slmpkln.
who engaged Attorney Fred Miller at Spo
kane to go to Caldwell to represent Or
chard, then known a. Thomas Hogan and
that It was at the request of Slmpklna
that the witness and Haywood subsequently
advanced $1.S00 from the funds of the fed
eration to meet the expense of defending
Orchsrd. At various stages of tho recltat
the defense offered In evidence a number
of documents including a heretofore un
disclosed cipher telegram, whloh Slmpkins
sent to federation hesd quarters and the
union at Silver City, Idaho, covering tha
moves to protect the federation, which was
charged with the crime within a few days
aftor It occurred.
Telegram from Slmpklna.
Moyer began by saying that he got his
Information of the crime from the Denver
newspapers and that on the evening of
January 4, five days after the crime, a
telegram In the federation's cipher a code
In wlilch certain numerals represented tho
alphabet and published in the ritual of
the organisation, was used to transmit
the password to local unions came to Hay
wood from Spokane. It was long and tha
translation was difficult and uncertain, hilt
he and Haywood figured the next day that
it was signed by Slmpkins and read: "Can
not get a lawyer to defend Hnaran. An
swer." Moyer testified that he was suspicious
about the message, the newspaper having
already charged the erliue up to the fed
eration, and that he decided to consult John
Murphy, general counsel for the federation,
hnfnra lijt trmlr tnv ,..ti. fnw anM I.a
left for Chicago that afternoon but that
I Haywood took the matter up and opened
commnntcatlon with the union at Silver .
City and made arrangements to engage
Attorney John Nugent to look after the
interest of the federation and defend Or
chard if necessary. The defense produced
copies of this correspondence and all of It
was read Into the record.
Continuing, Moyer Bald that Attorney Mil
ler came to Denver about the first of the
following month, bringing with him tho
record of Orchard's preliminary hearing
Miller went to Denver at the suggestion of
Slmpklna, ao the wltneaa testified and
brought a request from Slmpkins that the
federation furnish the large amount of
money that would be needed to defend Or
chard. Moyer said that he and Haywood
conferred with Attorneys Murphy and Mil
ler and subsequently gave Miller $1,500.
Never Planned Any Crimes.
Moyer denied that he had ever discussed
any kind of criminal act with Orchard or
anyone else or that he had ever given htm
a cent except for expenses on the trip Or
chard made to Ouray as a bodyguard for
him. He said that he had no personal
feeling of hostility for Steunenberg and
there were no circumstances that would
make him desire the life of John Neville,
whom Orchard testified Moyer wanted
killed. ' Moyer said that Neville came to
him after his arrest for alleged compli
cation in hs Independence station affair
and asked that ths federation give him
$209 to reimburse him for the expense
that he had incurred In clearing himself,
but this request waa refused.
Denies Attending Conference.
Moyer denied that he participated In the
conference in Pettlbone's back yard, whers
Orchard said he, Haywood and Pettlbone
had discussed various acts of violence;
denied knowledge of the subsequent meet
ing at federation headquarters, wner.
Orchard swore that Steunenberg and Ne
ville executions were planned; dented prac
tically every material statement in all cf
Orohard's teatimony. Moyer explained thai
Orchard accompanied him to Ouray be
cause Orchard was going to BlWerton and
they made ths Journey together as a mat
tsr of convenience. Representatives of ths
miners had been beaten up by thugs em
ployed by the mine owners and the wlt
neaa and Orchard took along cut off shot
guns for their own protection. Moyer
swore that his gun was not subsequently
used to kill Lyte Gregory, but that Orchard
returned it to the witness after they got
back to Denver and the weapon had never
been discharged up Vo tha time Moyer tu
arrested.
Moyer remained on the stand under di
rect examination from shortly after 11
o'clock tn the morning and until a few
minutes before 4 o'clock ln the afternoon .
and most of the time was taken up with
a recital of the witness' connection with
the Western Federation of Miners. II
told a detailed story of the arrest at
Ouray and his transfer to Tellurlde. where
the military refused to recognise the pro
cesses of the court set tn motion to effect
his release. He was arrested on the pre
text that hs had desecrated a flag by tha
Issuance of a federation hsnd bill denounc
ing the methods of the state ofllclals, mine
owners and militia on which an emblem of
the American flag was reproduced. A 'copy
of-the handbill was Introduced and then the
witness told of the various efforts to secure
his release and 'of his subsequent arrest
on the charge that he was Implicated la
the Vindicator outrage.
Clash Between Counsel.
Only one Important clash marked the
relations of counsel during the day. The
defense wanted to prove all the clrcuni.
ti..i,t under which Moyer and his s
slutants were tiecretly arrested tu Den
ver, denied communication with rounai.l
and taken to Idaho by special train, but
the stats opposed it. The court ruiej
that ths circumstances of ths transaction
