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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 27, 1907)
The Omaha Daily Bee Advert ! In THE OMAHA DEE Best '.?. West NEWS SECTION. Pages 1 to 8. VOL. XXXVII XO. 34, OMAHA, SATURDAY MOHNIXO, JULY 27, 1907 SIXTEEN PAGES. SINGLE COPY TWO CENTS. ( MINES TO REOPEN Two of Largest Properties on Range Will Resume Monday. PROTECTION ASSURED TO ALL Larger Stripping Crews at Hibbling Than Before Strike. FEDERATION OPENS A STORE Socialistic Picnics Announced for Hib bling and Evalette Thursday. RECEIVER FOR LABOR UNION Thr Finn Rrtnrrn Factions of the Mluonrl Brewery Workers' Aaauelstlon la Takrn Into too rt. UI LUTIT, Minn., July S6.-The Fayal and the Adams and Spruce mines at Eveleth, two of the largest properties on the ranges, will resume Monday and the men who want to return to work may do s then. A largo muss meeting of citizens was held at Eveleth last night. Resolutions were adopted condemning the Western Federa tion of Miners and assuring protection for all men who desired to return to the mines. Strike leader Fctrlella left Hebhlng to day for Eveleth and Acting President Ma honey and Acting Secretary Klrwan of the Western Federation of Miners were also expected there today from Denver. The chief of police of Eveleth said today that Btrlke agitators would not be allowed to make street speeches or hold street meet ings. At ChlHholm today 200 foreigners who have been Idle all week, went, under guard, to the Monroe Tenner and Olen locations to go to work. There was no dis order. Larger Crewe Employed. At Hibblng all was quiet and matters are progressing satisfactorily. On all stripping work larger crevs were employed today. The federation purchased a store at Hib blng yesterday and is running it for the benefit of the strikers. They tried, un successfully to purchase goods from the traveling salesmen from Duluth. They were unable even to buy cigars. Petrlella went to the Stevenson mine yes terday end organized about 100 Italians, but Immediately after he left some of tho prominent Italians of Hibblng undid some of his work. They explained conditions more fully to the men who were Ignorant of what they were doing and almost to a man they deserted the federation. There was a report at Hibblng today- that some men had been frightened away from the Monroe Tenner dump and Deputy Sheriff Magle left to Investigate. It 1b said big socialistic picnics will be Tte'.d both at Hlb 2l!ig and Eveleth Sunday morning. T Mill Confer in South. KANSAS CITY, July 2a The conference begun here yesterday between representa tives of the United Mine Workers, the Southwestern Coal Operators' association and the Western Coal and Mining com pany In an attempt to settle the differences (rowing out of the powder question that led to a strike of 300 Kansas miner was resumed this morning. Heerlrer for Labor I'nlon. ST. LOUIS, Mo., July 28. Suit was filed in the circuit court today, asking the appointment of a receiver for the Brewery Workers' association of Missouri. The plaintiffs are John Bokel, John Mein hart and Jacob Suess, who sue for them selves and such other members of the Deer Drivers' union No. 43 as may choose to Join with them. The receivership Is asHed for to sottle rival cluiina on property valued at $3),onO. ; RESTORES RIGHTS TO WIFE Ungllah Divorce Conrt Finds Allow ance to American Wife Insufficient. LONDON. July 26. The divorce court to day handed down a decree granting Lady Bagot of Hugely, formerly Miss Lillian May of Baltimore, the restoration of het rights as a wife. Lord Bagot was sued on the ground that his allowance of $4,000 to his wife was not sufficient for her maintenance and that of her baby daugh ter, Barbara. He left Ms wife soon after the christening of the child. It Is under stood that Lord Bagot, before his marrlago. signed an agreem-:: h-t ill the children born of the union should be brought up In the Roman Catholic faith, but English jurists held that such a contract was not binding. Counsel for Lord Bagot an nounced today that the defendant did not propose to reelst the claim. In the event of Lord Bagot not obeying the decree of the cdTirt. Lady Bagot will be In a position to sue for divorce on the ground of d sortlon. SITUATION AJ ASHEVILLE lodge Lyon Holds Ticket Agents koala1 Be Punished for Violating; Law. A8HBVILLE, N. C July . Assistant United States Attorney General . Banford spent' part of today In conference with railroad officials and with Judge Prltcli- erd. He was expected to leave this after- i noon. He will report to Washington mat his effort to restore peace was fruitless. Judge Lyon of the superior court Is holding the grand Jury In session at Marlon and It Is stated It has reported a true bill against tho ticket agent at Marlon. Several superior court Judges have Ignored the subject of a conflict between the federal and state courts and Judge Moore advised against further indictments of ticket agents. Judge Lyon, however, declared the ticket agents were violating a crlnilnal statute and should be Indicted like a "pig or horse thief." TEACH OFFICERS POLITENESS New York's Police Commissioner In tends to Have His Men Well Behaved. NEW YORK, July SS. General Bingham who, slnoe hie appointment as police com missioner of Greater New York, has in stituted many reforms, gave the police force yesterday through fifty policemen who were haled to the trial room. Instructions In civility. He said: The mlnuta a cltlsen addresses a member , of a police department he should stand at attention. If It Is a lady touch your hat. I Answer all questions briefly, using no un pecesaary words. Tha rest nf vou fllom-a naaa that alnna I There have been too many CWlLiUlUl SbtfUt 1 soulvUl Mb IWUoeiueu, CHMMADV fiV TUP RFFIIIUTnT AlTFRPnPrcnnmi U VLIlllirill A VTt UU aTUs-I Saturday, July 27, 1007. 1007 JULY 1907 us mom rvl wto ru sat CI 2 3 4 5 0 7 8 9 10 II 12 13; 14 15 10 17 18 19 20 21 22 23 24 25 20 27 28 29 30 31 1 SJfJC THE WEATHER. FORECAST FOR NEBRASKA Fair and warmer. Temperature at Omaha yesterday: Hour. Ieg. Hour. Deg. 6 a. m 6J 1 p. m 72 a. m ft! 2 p. m 74 7 a. ni f2 3 p. m 71 8 a. m til 4 p. m 74 da. m M 6 p. m 75 10 a. m tW Up. m 75 11 a. in 70 7 p. m 71 U m 72 8 p. m 72 V p. ni 7 DOMESTIC. J. R. Wyson of Wood River was killed In an accident at Warsaw, Ind. Page 1 Counsel for Mrs. Mary Baker Eddy asks for speedy hearing on the competency question before the special masters. Page 1 Tension Commissioner Warner argues famous will case rt Clinton, 111., In whl?h he Is seeking to prevent his step-mother from realising on his father's estate. Page 1 George Maekowan of nakersfleld, Cul., admits he is the man for whom the Web ster City, la., police are looking. Pajre 1 Judge at Ashevllle contends that ticket agents breaking a criminal statute ohall be prosecuted. Page 1 Senator Borah, In concluding his re marks for the state In the Haywood caws, says that every purticlo of evidence points to conspiracy between the officials of the federation and Harry Orchard. Page 1 Miners' strike In the northwest range country believed to be In hand by tho operators. Page 1 Citizens of Clinton, 111., raise a fund for the prosecution of Fred H. Magill. Page 1 ZTEBBASKA. On account of lack- of evidence to dis prove claims of express companies a compromise may be accepted on a 15 per cent reduction. Commission urges pro ducers and small creameries to be pres ent August 6 and participate In the heur lng over the cream rate. Judge Albert of Columbus files as populist candidate for supreme Judge. Page 3 Retailers In Nebraska send letters to Food Commissioner Johnson Informing him that they will obey the pure food law. Page 3 FOREIGN. Berlin has a Jack-the-Rlpper, who has assaulted five little children, killing two In a fiendish manner. Page 1 Gasoline launch capsizes at Toronto, drowning eight persons. Page 1 Plot has been discovered against the life of the czar and many Indictments will be returned. Psr a Japanese admiral at Pails says that he does not know of any plans of his coun try may have upon eastern nations fur ther than to advance the interests of the Asiatic race. Pago 1 Mrs. Leslie, convicted of obtaining money under false pretenses In London, was sentenced to five years' Imprison ment. 1 Cuban elections delayed by the delay in returning census figures. Page 1 LOCAL. George W. Edwards goes to Eureka, CaL, to bring home the body of Mrs. C. A. Wlnslow, who was lost on tho Colum bia. ar Eight councllmeri agnlnst three sustain the levy for city and schools of 64 '4 mills as made by the general coun-ll ccmmlttee. Page 6 Chief points In the new garbage ordi nance which becomes effective August 1 are pointed out to householders. Page 11 Judge W. H. Munscr of federal court renders his opinion holding that the Sibley law must stand, making a reduc tion In express company rates of 25 per cent. " Cavers-Van Dorn Elevator company sells out for $25,000 to C. D. Sturtevant. Page 11 Syndicate which owns the vacant cor ner at Sixteenth and Harney offers to erect two buildings for any purchaser. Page 0 MOVEMENTS OP OCEAN STEAMSHIPS Port. Arrived. LIVERPOOL ....Mrlnn Qt'KENKTOWN ..ic'adrlc PKKMKN 1IKKMKN BOSTON Manrhentar ... BOSTON H.-liUhlli- NAPLK3 llulsarU NAI'LKS l'nm-eaa lrcna., OIHRI,TAR ....Konianir ANTWERP VENUS Gfrtr UUAU Smulenak , Fulled. . Baltlo. Rrealau. Trara, filmland. ALABAMA WILL FIGHT ROADS House Passes Bill Giving Fifty Thou, aand Dollars to Support State Laws. MONTGOMERY. Ala.. July 26. The bill to appropriate $0,000 for resisting the fights made by the railroad on state rate regu lation laws was passed by the house today and now goes to the governor, who Is ex pected to sign It at once. The Alabama situation Is somewhat similar to that In North Carolina, except that Govenor Comer Is not attempting to violate any of the orders of the federal court, being will ing to let the. matter be fought out In the courts. KOSHER BUTCHERS CLOSE UP Disorders In Philadelphia Are 'on Well I'nder Control by Police. FHIIADELPHIA. July 36. All of the kosher butcher shops are closed today as a result of yesterday's disorders and all meat not spoiled by the crowds was re turned to the wholesalers for storage. The entire Jewish section Is being strongly policed today and there were no disorders of any consequence. The retail kosher butchers have appointed a committee to call upon the wholesalers and endeavor to obtain a concession In the wholesale price of meat. RAISE FUND F0R ATTORNEYS Cltlsens of Clinton, 111., Will Posh Proeeentlon of Fred MsGUI. CLINTON, 111.. July 26.-The approach ing arrival In Clinton of Fred II. Mulllll and his bride, Fsye Graham MaGIU, ar rested In California, charged with murder, has aroused the cltlsens of the town to such an extent that within six hours $4 000 was rslssd ta aid La the preeeeuUata of the man and woman who are accused of hav ing caused the death of Uu. Pet MaGM, laOUTs first wife. HiUU iivi auiuuuv luu iwi I I Jap janese Will Use Loan at it First Wat Intended. ADMIRAL IJUIN GIVES INTERVIEW Ills Conntry Interested In Greatness of Asiatic Race, hnt lias No Intentions In the Chi nese F.mplra, PARTS, July K. Gil Bias publishes today an Interview with Vice Admiral Ijuln commander of the Japanese squadron at Brest on the Japanese navyv , v Japan had not decided. In V',P ,V-" happenings, to enlarge Its X.A' . -val construction, the vice edn X ,,,ed: "We have a naval progi. .i for several years ahead and we shall execute It punc tually and rigorously, as do the great na tions of Europe. Dut this program has not been enlarged of recent months, and It stands as It did when originated by the, admiralty last year," Continuing, the admiral said It was In exact to declare that the Japanese loan would be used for the Increase of naval power and explained that this money would be devoted to the construction of railroads and other communication in Manchuria. "We are satisfied with the navy," Vice Ad miral IJuin went on, "and we believe this branch will be able to cope with all event ualities. The Japanese Parliament, while refusing nothing for national defense, holds us rigorously to the naval appropriations and these we never exceed. We are to build three warships of the type of the Tsukuba, but more powerful, and they are to be constructed In Japanese yards from material furnished by Japanese Industries." Vice Admlrul IJuin knew nothing of any Intention on the part of the Japanese to build warships for China. We are Inter ested In all things concerning the grandeur and power .of the Asiatic race," he said, "but up to the present time we have not had to concern ourselves with the Chinese marine. China has not appealed to us and It is not yet seriously Interested In the reorganization of its navy." Minister of Marine Thomsen entertained at luncheon today Vice Admiral IJuin and the other Japanese officers from the squadron now at Brest. British Ambassa dor Bertie was the only outsider present. The toasts exchanged were cordial. MANY COME TOJHEAR DELMAS Has Large Audience an lie Makes Cloning; Talk' in Glass Cnse. PAN FRANCISCO, July 2fi.-Not a seat within hearing range was vacant In the auditorium of Temple Israel-SherUh today when Dclphln M. Delmas began the clos ing argument In defense of Vice I'resldent and General Manager Louis Glass of the Pacific States Telephone nnd Telegraph company, whose trial for bridery has been progressing for two weeks before a Jury In Judge Lnwlor's department of the su perior court. "This Is an Indictment." said Delmas, "charging Louis Glass with the crime of br "jury, alleged to have been committed by giving to one Ttoxton tho sum of $fi.f0 on the 15th of March, 1308, lor the purpose of Influencing his notion as a supervisor of this city and the county In a matter then pending before the board, the application of the Home Telephone company for a franchise to operate In this city. To this charge he pleaded rot gu.lty and the ques tion of his guilt or Innocence Is the Issue and the sole lasae which you are to try. "What Is the evidence here? What Is the proof of the commission of the crime? The only proof that any money was ever paid to Dr. Boxton Is his own unsupported tes timony. "If Boxton was bribed he Is as much guilty of the crime as Is the man who bribed him. That he was an accomplice If the crime was committed Is admitted by the prosecution. You have then the sole testimony of a man who tells you he sold himself over and over again a man whom the law stigmatizes as unworthy of belief In himself, and whose testimony must be corroborated by other and uncontamlnated with the commission of the crime before a conviction can be had." ADVISE AYRES TO CONTEST Retired Army Officer May Present His Case to President Roosevelt. NEW YORK, July 26. While Lieutenant Colonel Charles G. Ayres, who wus offi cially notified of his retirement from tho army yesterday, has annonuced that he will, as a soldier, accept the order of the commander-in-chief without comment, It Is known that his lawyer. Colonel Mann Trice, has advised him to proceed further. Colonel Trice himself makes the announce ment. He said: While the colonel appears to be the pic ture of mental and physical vigor, still the Tliagnosls of the army surgeons indicates that he has Brtght's disease in an ad vanced and Incurable state. I have ad vised Colonel Ayres that if he did not concur in this dlagonsls to have an exami nation made by competent physicians in private life and If their diagnosis did not bear out that made by the armv surgeons to submit those facts to the War depart ment and the president. I have not heard from Colonel Ayres since and do not know what he bus determined to do In the premises. I am confident, however, that If a competent board of physicians should make a report adverse to the finding nf the army surgeons, the president would givn the matter due consideration and would reinstate Colonel Ayres. Mrs. Ayres, In a lengthy story today con firmed the stories already published of the events leading up to her husband's retire ment. She told of the alleged persecution of her son. who Is a cadet at West Point . . . . , , " V to'nt, and how her intercession for him led in tm.t f ,i, , 1- ,? ' ' - - " - - v. ici M&ifi uuicers there. She told of the overcoat Incident at Vest Point. In which her daughter Emily was Involved, of her fM.tiu,. ... i test, to West Point officers, and how when the overcoat Incident got Into print, she was accused of giving It publicity and was then debarred from entering the mv. ernment nost. Mrs. Ayre. also anounced that she would onng suit against several West Point offl- cers for conspiracy and slander In rH. to bring the entire matter before the courts. WOOD RIVER MAN KILLED J. R. Wyaoa Was Crushed Between Cars at Warsaw, lad., and Dies. LA PORTE, Ind., July 26,-(Speclal Tele gram.) J. R. Wyson of Wood River. Neb., a brakeman on the Pennsylvania railroad, was caught between the care last night at Warsaw in making a coupling and was crushed te death. He was ST years of age and had been railroading but a few days. The body will be sjmU to the. Nebraska town for burial, FIVE YEARS FOR MRS. LESLIE ; Court In t.nndnn Sentence American I U nivian. Ian I a. lie. in .a nr. j I-ONDON, July 26-Mis. Josephine I.eslle was today found guilty of the churge of defrauding members of well known faml HcB by frtlse pretense, and sentenced to nve years penal servitude. It was her custom to represent herself as a friend of J. Fler pont Morgan and declare he guided her In vestments. At the hearing Mr. Morgan testified he did not know the prisoner and never had any dealings with her. Counsel for Mrs. Leslie stated In court tb?' t prisoner was an American and maiden name was Marie Josephine V' it. She was sentenced In London .ober 22. 1901, to six months' imprlson- ment for obtaining money under false pre tenses. In passing sentense the Judge said he thought Mrs. Leslie was of unsound mind and that he would refer the case to the home secretary. DISCOVER THE HOLY GRAIL Glass Vessel Fonnd In Glastonbury Abbey Relieved to Be of Sacred Cnnrr.cter. LONDON, July 26. The Express prints a story of the discovery near Glastonbury Abbey of a glass vessel of beautiful work manship and apparently of great antiquity, which one at least, of the discoverers be lieves Is the holy grail of the Arthurian legend. The holy grail is the cup from which Christ Is reputed to have drunk at the last supper and according to ancient British tradition It was brought to Eng land by Joseph of Arlmatliea after the crucifixion. The vessel Is of bluish green glass of some kind cunn'nply inlaid with silver leaf A number of eminent persons, Including some peers with ecclesiastical Interests, Ambassador Reld, Prof. Will iam Crookes and the Rev. R. J. Campbell have examined It. It Is now In the posses sion of Prof. Crookes, who has under taken to solve It. RUSSIAN - JAPANESE TREATY Aftreement Between Two Countries Not to Fluht Wllhont Notice of Hostilities. BERLIN. July 20. The National Zeltung publ'shes what purports to be the text of a pecret agreement between Russia and Japan by which each government Is bound to give the other twentv-four hours' no tice before beginning warlike activities by calling out either nnval or the army re serves. This understanding Is limited to Asia unci applies to warfare undertaken alone or with an ally. The treaty, the newspaper continues, wns signed shortly after the Portsmouth trenty and Is for three years, it was communicated In con fidence to the dowager princess of China. The paper makes no attempt to explain the I significance of the compact CABLE THANKS TO MARQUIS Japanese Believe Peace Will Now He Permanent In the Far Kb at. TOKIO, July 25. The members of the constitutional party holding seats In the House of Representatives passed a resolu tion today expressing their belief that the nation would be satisfied wtlh the speedy conclusion of the new convention with Cores, whereby the roots of the existing evils would be removed. Peace In the far east would thereby be effectively secured, together with the advancement of Corea upon the pathway of civilization. They subsequently cabled the resident general, Marquis Ito, the unanimous ap preciation and gratitude of the meeting, at the prompt conclusion of the convention. CUBAN ELECTIONS DELAYED Census Returns Slow In Comlno; In, Hence Voters Cannot Act at Once. HAVANA, July 26. -The. Cuban elections. It Is now generally ronceded, cannot be held this year. Secretary Taft had hoped t0 hoM municipal elections in September or October, but It Is found that Hie census, which must be completed before the elec tions, can hardly be completed until late In the fall. The elections In consequence cannot be held until January or February. The situation, so far as the elections are concerned, Is disappointing to Cubans gen erally. GASOLINE LAUNCH CAPSIZES ElKht Men Are Tlionaht to Dead at Toronto as Result. Be TORONTO. Ont.. July 26.-A gasoline launch capsized In the storm at Sunnyslde, the western suburb of Toronto, last night and of the ten men who were In It, only two are known to be safe. Three bodies have been washed ashore. It Is believed that the men drowned are Frank Kyle, Joseph Irwin, John Irwin (brothers) and John Bowden, all of Toronto and four others not yet Identified. STRIKE ATHbIIfAST BROKEN Factories Able Now to Get Coal and Will Resume Operations Soon. BELFAST, July 26 Compromise has re sulted in a partial break of the strike among the dock laborers of this port, which has been going on for a month or more. Today a thousand men went back to work, I ... . ,' , , I "V. down yesterday will be able to reopen In a . . j , da' or two- The cart drivers are still out. FIENDISH CRIME IN BERLIN I'" ' V" V'. ' j "j,. 1 i BERLIN, July 26.-A fiendish and ' '" hls 'p'ram ,n mn I K,r,s are nlB victims. The man approached ! the children, .and by a deft stroke with knife, ripped open their stomac hs. One of the children Is dead. Each crime was com- mltted a dlft'erent locallty- The criminal escaped. KILLED BY HIS OWN SOLDIER Russian Colonel Assassinated by E - sailor of Mntlnous Bat tleship. TIFL1S. Transcaucasia, July 26 Colonel rvbrowolsky, commander of the 201st In fantry, was shot and killed yesterday by a soldier In his own regiment, who Is an ex-satlnr of the mutinous battleship Trt Bvlatltnlla. The assassin fired Uu-ee Umee from rifle. KIRUT Jv K Til sTAn I uiubut x.i II IJ i V tJIXWTUr Judge Munger Denies Injunction to the Express Companies. i PLEA OF ABATEMENT OVERRULED Statote of Last Legislature Reducing; Express Hates Twenty-Five Per Cent I pheld In Federal Court Cnse. The Sibley law. enac ted by the last Ne braska legislature, reducing the rates of express companies In this state 26 per cent will stand without being enjoined by the federal court. Judge W. H. Munger handed down a memoranda opinion in the Vnited Stales circuit court In the case of Levi C. Weir, president of tha Adams Express company agnlnst Hudson J. Winnett, J. A. Williams, Hem-y T. Clarke, Jr., constituting the Ne braska Railway commission and William T. Thompson, attorney general of Ne braska, in which he denies the application for a temporary Injunction asked by the complainants and overrules the plea In abatement aked by the attorney general. The express companies are given leave to renew their application for an injunction at a future time should changed conditions require. The express companies had asked a tem porary Injunction to restrain the enforce ment of the Sibley law. The plea in abatement asked for by the attorney general of the state was that the suit In the state supreme oourt and which has been removed Into Cnlted States circuit court is a bar to the present action. The opinion of Judge Munger occupies several typewritten pages and goes Into the case extensively Record of the Cnse. July 6 the attorney general brought an original proceeding In the supreme court of tho state against the Adams Express company setting forth the passage of the act and all Its provisions and alleged that the Adams company was violating, and would continue to violate the act unless restrained by order of the court. The Adams Express company filed a petition for the removal of the cause to the federal court and July 10 Instituted that proceeding, alleging that If the law was enforced it would be In violation of the fourteenth amendment to the constitution of the Vnited States In that It will deprive the plaintiff of its property, alleging that to do business under the provis ions of the law would be at a loss. It then asked that the railway commission and attorney general be re strained from seeking to enforce the law In any manner and for a temporary order of Injunction, pending the final hearing. The state filed an affidavit showing that It had not taken any steps nor threatened to take any such steps seeking to enforce any of the penal provisions of the law, except by suit brought In the state su preme court for the purpose of testing the validity of the law, and that It did not contemplate any enforcement of the law until such question was determined, and that the suit brought In the supreme court was for the purpose of having a speedy termination of the law, Text of the Opinion, In his opinion Judge Munger says: This court has Jurisdiction to enjoin members ot the State Railway commission and the attorney general from taking any steps to enforce a statute, the eniorce ment of which would result In depriving the plaintiff of any of its property without the pioceHs of law and this question has so often been determined by the supreme court of the I'nlted States that it is no longer a debatable question. That the allegations of the plaintiff's bill show that the enforcement of the statute In question would deprive It of lis property without due process of law Is clear and unques tioned, but this alone does not entitle the plaintiff to a temisirary order of Injunction. The single question presented in this case is, whether or not under the facts set forth plaintiff has shown such acts done or threatened by the defendants which will seriously or Irreparably Injure It In its rights pending tlfe final hearing and determination of the case unless by a temporary restraining order. The only act shown to have been done or threatened by the defendants Is the causing of the suit to be Initiated In the supreme court of the state. That suit, Its objects and purposes, were to have he validity of the act de termined and the dutv of the express com pany under all the facts and circumstances Is to obey Its provisions. If the act cy Its enforcement would deprive the express company of Its properly without clu. process of law, that fact could probably be shown In that case and If shown would defeat the complainant in this case The auestlon, then, Is, will the prosecu tion of such a suit In which the identical question which Is presented In this case may be determined and adjudicated result In an Irreparable Injury pending the hear ing In this case? I think clearly not. It not appearing to the satisfaction of the court from the facts shown that the complainant will sustain any irreparable injury before the final determination of this action, the temporary order of Injunc tion Is denied, with leave to renew the application If at a future date should changed conditions require. NEW POST EXCHANgTcOUNCIL Army Regulations Amended to Change System In Vogue Governlug Sales. ! WASHINGTON, July 26. -A new method ; of supervising the business of tha post exchange at the various army posts la ! contemplated In an amendment to the army regulations, which has Just been Issued. Hereafter the post exchange coun cil Is to consist of the officer In charge of i the exchange and the. commanding officer of each organization stationed at the post, ! and which may participate In the op erations of the exchange. Authority is given to the council to delegate to an executive committee of Its own members, ' the performance of such portion of thi , duties prescribed for the council as that body may decide. Heretofore the post ex change council consisted of three officers on duty at the post next in rank to tho commander. I'nder the new method eac h organization participating In the exchange la to have representation In the council, a condition not provided for by the existing regulations. The post exchsnge has supervision of tho sale of various articles, trinkets, llsht drinks, etc., which the soldier may pur chase. LIGHTNING PLAYING PRANKS , Starts Fire and Nest Turns On Auto J in a tie Sprinkler, Ks t Ingnlah- I Ing Blase. ! AI'arfiTA. Gb., Ju'y C-Tht storm which swept over Augusta last night did i much damage to property and Incalculable ' damage to the fruit and shade trees. It also played some queer pranks. One bolt nf lightning which set fire to the cotton In the card rooms In the Augusta Cotton i factory was follows 1 by another, which ' turned on the automatic sprinkler system, j qulekley extinguishing the Are by flooding i all parts, of the building. Large quantl- ties of manufactured goods were ruined j and the damage to machinery will be very ' heavy. Telephone, telegraph, electrlo j lighting and elaset, c7 oomfigaJef suffered 1 considers tl. , FIGHTING HIS STEP-MOTHER Pension ( nmmlHlnnrr Warner Armri Ulll lose In Illinois Circuit Court. CLINTON. III.. July 2.-"Talnted blood" w hlch Pension Commissioner Warner charged courses In the veins of his step- , mother, Mrs. lsalel!a Robinson Warner, wns made the subject of final argument- In the noted Warner will case before Circuit Judge Cochran today. The white-haired widow, who is making a fight to get a dower share of the wealth of John Warner, aggregating $1,600,000, was In court with her two daughters. Mrs. Minnie Harrison Met tler of Chicago and Mrs. Arabella Warner Bell of Clinton. She listened attentively to Attorney Fuller, who made the argu ment In behalf of Commissioner Warner, who li seeking to prevent his stepmother from breaking his father's will. Attorney Fuller painted Mrs. Warner as a cunning siren, the daughter of poor parents, who had drawn Into her meshes John War ner, the banker. All the evidence. Attor ney Fuller Insisted, showed that Isabella Robinson had planned a hasty marriage and that she did not allow her husband to see her family for more than an hour o the day of her marriage. May 28, 174. Now and then, when the lawyer made reference to her cleverness In "trapping" the aged banker Into a recond marriage or to the poverty of her fathr. Stephen Robinson, or "Curly ' Robinson, as he was known In his home near Steuben, O., she would smile disdainfully. Her daughters also appeared to be amused at the charges. Mrs. Warner emphatically says her father was white. She signed, she says, a pre nuptlal agreement waiving her dower only ; nfter the 'aged banker had deceived her about the value of his estate. WYOMING WANTS FARMERS Irrigated land In That State Which Oilers Inducements to Immigrants. (From a Staff Correspondent.) WASHINGTON, July 26.-(Speclal Tele gram. J T. V. Powderly, chief of the divis ion of Information, the recently-created bu reau of the Department of Commerce and Labor, engaged in collecting statistical data as to immigration, etc., received today a letter from R. P. Fuller of Cheyenne, head of the Wyoming Immigration commis sion. In speaking of the opportunities pre sented to the immigrant by Wyoming, Inso much as to those who may be farmers, Mr. Fuller said: "I'nder the Irrigation canals completed there are opportunities In Wyoming for at least 600 filings, with an area of eighty acres each, to be made under the law commonly known as the Carey act. "These lands require the purchase of a water right at a cost of not to exceed $.W per acre. Theso lands ure located in Laramie, Johnson, Converse and Big Horn counties and all are totally unimproved. There are also lands In Fremont county, near Plnedale and Boulder, which may bo taken up and water rights purchased at from $10 to $15 an acre." Upon the recommandatlon of Congress man Hubbard, Dr. G. f I. Mammen has been appointed pension examining surgeon at Ivemars, la., vice Dr. T. E Cole, resigned. ASK FOR SPEEDY HEARING Counsel for Mrs. Eddy Requests the Masters to Hasten Their In vestigation. CONCORD, N. H.. July 26.-The masters appointed by the superior court to deter mine the competency of Mrs. Mary Raker O. Eddy, the Christian Science leader, In relation to the suit brought by her rela tives as "next friends" for an accounting of her property, held their first session today. General Frank S. Streeter, counsel for Mrs. Eddy, urged that a hearing be given as promptly as possible, saying: "Mrs. Eddy Is now in her 87th year. At her age and general depletion of phy sical strength, to defer this Inquiry longer would be a denial of Justice and constitu tional right. Her physical strength is such that to appeal for a prompt hearing as possible." The masters decided that a reasonable time should be allowed for the prepara tion of the case by counsel, and ad led thr.t In order to brtng the suit up to date In the master's court, the record of the case thus far should be read to the masters at an afternoon session today. PRIEST DENIES Co"mPLICITY Armenian Declares He Hum Bern Anierlcnn Cltlsen and Is Persecuted. NEW YORK, July 26. Father Martoges- siun. an Armenian, former treasurer of the , Hunchakist society whose members, tho police allege, are blackmuillng Armenians, was given a rigid examination by Assist ant District Attorney Smyth today. After i the examination the priest made a state j ment in which he denied that he had any I knowledge of the murder or the murderer of Mr. Tavshanjlan, the wealthy rug mer chant. He said he has been an American citizen for two years and that the charges against him were Investigated by men em ployed by the Turkish government. The priest said he was not conversant with the affairs of the Hunchaklsts. RUSSIANS TO BE DEPORTED Philadelphia, Judge Denies Appllca tlon for Habeas Corpus I'nder Contract Labor Law. PHILADELPHIA, July 26.-An appllca tlon for a writ of ibeas corpus for the release of twenty-seven Russian immi grants who are detained here on the ground that they are. contract laborers, and were brought over In violation of the contract labor law, was refused today by Judge Holland In the I'nlted States district court, and they will be deported on the steamship Haverford which sails for Liv erpool tomorrow. These Russians said they were Induced to come to America by a man named Canton, who promised them work In southern lumber camps at- $10 a week. MACK0WAN MLL COME BACK But He Denies He Is Guilty of Arson I'nder the Webster City Charge. BAKERS VI LLE, Cal., July . George Maekowan, a local manager for Fairbanks, Morse & Co., who was arrested last night on advices from Webster City, Is., on a charga of arson and mbczi.-iiic-nt, admitted In the county Jail today chat he Is the man for whom the Iowa authorities had a w er rant. He denies that he tmbezzled any of the funds of the company or that he was responsible for the fire which destroyed their factory, lie says be la anxious to return U Iowa. 0RC11AKD BUT A TOOL n l i . ocnaiur Doran conunuri Xiis Adami to the Jury. OFFICIALS ARE HIS CONFIDANTS Further Analysis of the Testimony in the Case. TRIP FROM DENVER TO CALDWELL Slayer of Steunenberf in Touch with Them at All -Times. GREAT CROWD IN COURT ROOM Many Attorneys from Western State Come to Boise to Hear Final Arguments Case Goes to Jury Today. BOISE. Idaho, July 26. Senator Borah concluded his address at 7:20 p. ill. Judge Wood announced that he would charge the Jury at 10 a. m. tomorrow. BOISE, July 26. "Watch these five men Slmpklns, Orchard. Haywood, Moycr and Petllbiinc Steune nberg Is to die In thirty days. Watch them. We have got them to gether. They are moving to the scene." This was the dramatic climax reached this morning in the Haywood trial, when for ah hour and a half Senator Borah, making the last argument In the Haywood case, had woven craftily on the meshes of his net. His theme was conspiracy the essence of the case of the state of Idaho In Its efforts to show that Harry Orchard was only the tool of Haywood, when he killed the former governor. "Now watch this quintet," he cried triumphantly, when, having laid his foundation, piece by piece, using only the testimony of witnesses for the defense Itself, picking It out from the mass of mixed material, he showed the Intimacy between Orchard and the highest officers of the Western Federation of Miners. Scenes Changed Rapidly. The argument of the morning centered In Caldwell, but the scenes changed rapidly, each Hash showing an officer, a friend or a member of the Western Federation of Miners, the confidant and Intimate of Harry Orchard. At 12 o'clock a recess was ordered until 6 p. rn. As early as 7 o'clock the court house doors were besieged by hundreds seklng adtnit ance to the limited court room, Senator Borah being popular as an orator in this, his home city. So great was the throng that court officials and others having business at the trial had to find their way into the building by devious ways, most of them climbing a steep Improvised stairway In the rear. The Jury was also brought up these stairs. Inside the court, as the next to the last day of the trial began, Haywood sat sur rounded by his family. His Invalid wife, whose helpless condition and pallid faco have attracted so much attention and sym pathy, sat Immediately at his right and next to her was the gray haired mother, who, on yeiterday, could not restrain the tears which welled to her eyes as Clarence Harow of Chicago made the last plea for the life of her son. The prisoner's daugh ter and sister were also In the family circle, the only absentee being the little 10-year-old girl Henrietta. Mrs. Frank Steunenherg, the wife ot the murdered governor, and her stalwart son, Julian, were early In the court room and when they had been shown to seats inldo the attorney's rail, found themselves within seven or eight feet of Haywood himself. Attorneys from many cities In the meat have come 'to Boise for the lac' arguments and constituted a large proportion of to day's big audience. When the last seats were occupied, disappointed hundreds re mained on the court house lawn to catch what they could of Senator Borah's ad dress as the words filtered out of the windows. Orchard's Trail of Blood. Senator Borah begun by reviewing briefly the points made In the opening hour of his adaress to the Jury last night. He said he would go brlelly over the trail of blood left by Harry Orchard, taking first the murder of Governor Steunenherg and hark ing baiJt over some of the most important incidents developed In the testimony. "I hardly need to tell you sensible men," declared the pleader, "that Plnkerton de tectives had nothing to do with the as sassination of Frank Steunenherg. This Is one of the most absurd of the many ab surd things brought Into tills case by the learned counsel of the defense." Senator Borah In laying the foundation for his argument of conspiracy pointed out that Orchard went to Caldwell from Denver and fresh from association with the officer of the Western Federation of Miners who regarded Steunenherg as an enemy. He then touched upon the tact that Marian Moore, an officer of the Western Federa tion of Miners, In testifying for the defense, . admitted that he agreed with Orchard to deceive Orchard's wife when Orchard wished to desert her. The Power Behind Orchard. "Harry Orchard left Denver with crime In his heart. The Impelling, compelling force csme from Denver. George Pettlbone helped Orchard pack his utensils of murder In his trunk. Why Is Pettlbone not here to deny? His silence Is a confession of his guilt. Pettlbone's absence is an absolute corrob oration of Orchard." Jack Slmpklns was ths man who went to see Attorney Miller st Spokane; Jack Slmpklns was the man who sent the mys terious and unexplained telegram to Hay wood. The wording of Slmpklns' telegram. Senator Borah declared, showed that he knew Haywood had full knowledge ot the case. And Haywood "got busy." Proof of Conspiracy. "Follow Slmpklns, Orchard. Moyer, Hay wood and Pettlbone from Denver to the death of Steunenherg at Caldwell, review the testimony, watch their actions, and I say to you that an absolute and concerted conspiracy hss been proved. "They killed Steunenherg to show to the world that they never forgot an enemy. Where Is Pettlbone afraid to apeak? ! Where Is Jack Slmpklns, who was at Cald well with Orchard, and who could tell so much? He is In a corner and afraid to come out to say a word for his lifelong friends." Senator Borah said he was ready to admit that Haywood was shrewd, keen and possessed of brains. "Of course he has brains," he exolaln.cd ; "lie bad brain enough to stari a defense of the Western Federation of Mine rs the minute he li arned that Orchard, the hired asaassin, had fallen into a trap. "Did the Plnkertons send any one to defend Orchard t Did tne mine owners? i