The -Omaha Daily Bee
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VOL. XXXVII NO. f"
OMAHA, WEDNESDAY MOKXINO, SEPTEMBER 4, 1007 TEX PAGES.
SINGLE COPY TWO CENTS.
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COMING WEST
Interstate Commerce Commissioner
Will Study Railway Situation.
CAR SUPPLY HIS CHIEF INQUIRY
New Legislation May Follow His In-
vestigation on Subject.
WORK TO START AT CHICAGO
General Officers of Companies to Bo
Questioned by Official.
COAL SITUATION TO BE STUDIED
V.ffnrt Will Re Made to Cause Rail.
r Managers to Provide Cars
Eioilh to More
Freight.
CHICAGO, Sept. 2. A special to the
Rocnrd-Heiald from Washington says:
Interstate Commerce Commissioner
Franklin K Lane will leave Washington
tomorrow for a protracted tour of the went,
which la likely to bear very Important re
sults. In addition to looking Into the
matter of how thoroughly certalnblg' rail
road aystcms have been living up to the
anti-rebate provisions of the rate law, Mr.
. Lane will devote particular attention to
the car shortage situation with a view to
preventing a recurrence of the deplorable
conditions that existed last winter.
Perhaps the car shortage feature ought
to be given prominence In connection with
Mr. Lanes errand, fla his Investigations,
together with the earnestness of the rail
roads in keeping their promises to furnish
better service to shippers may have a great
deal to do with Indicating the need of
further legislation affecting transportation
at the coming session of congress. The
commissioner undoubtedly will use his In
fluence to have the carriers meet the de
mands of the western country and prevent
if possible agitation to force more drastic
legislation than already has been enacted.
Kxhnuatlve Study to Be Made.
Mr. Lane will reach Chicago Wednesday
ufternnon'and will spend Thursday In the
lutter city discussing conditions with gen
rial officers of some of the lines centering
there. He then will go to St. Paul, for a
conference with officers of the Northern
Pacific and Gr.eat Northern roads, Intending
to talk personally with James J. Hill If the
lutter be at home. From St. Paul he will
go to Spokane, Seattle and Portland, and
thence down the raclflc coast looking
minutely Into affairs embracing the Harrl
man lines the Union and Southern Pacific.
The whole trip will consume five or six
weeks, the car shortage situation affecting
cotton and lumber In the ) south being
looked Into on the return journey.
Agents of the Interstate Commerce com
mission quietly have been Investigating
the observance of the new law provisions
by the railroads of the far west, and Coin
ailsaloner 1 .ana will meet them and get
. tholr reports.
i "i am going to look Into the car shortage
5 matter as thoroughly as possible," said
Commissioner I vine today. "Anything I
can do to Inform the railroads of condl-
tlona so that they can meet the demand
of shippers I will do. The government
, already has set an example to the people
by ordering Its fuel supply for next winter
early,' and If a coal famine Is to be pre
vented the coming season the example must
be heeded.
The Coal Situation.
"Conditions have been partially met al
ready by the wholesale dealers at Puluth,
who have put In large supplies of coal by
boat. But tho coal must be shipped from
there to the west by rail. The railroads
have complained that dealers have not put
In their orders early enough, and that they
have not unloaded fast enough. Still the
railroads have promised more cara, and to
what extent they have fulfilled their prom
ises remains to be seen.
"Last year the railroads were taken un
awares with regard to the equipment that
.would be needed to move the crops. This
year the early expectation was that the
crop movement would call for less atten
tion, but It developed that the wheat crop
lifter ail la large and there Is danker In
consequence of car shortage unless special
bare be taken.
It Is Important that coal be ordered not
only before cold weather aeta In, 'out be
fore the crop movement begins, the latter
part of October and November. The rail
roads have been building new track, estab
lishing new division points and extending
their yards and switching facilities. I
don't know to what extent this has been
done, as the railroads have complained of
Inability to get atttel and lumber and rolling
stock, and It has been hard, so they claim,
to get money to carry out all contemplated
Improvements.
Isttntloai to Miatien.
"The commission cannot direct railroad
officials how to manage their roads, but It
may be possible to make suggestions that
will help both the roads and the shippers
by reducing the chances of car shortage
i to a minimum.
j "Unless the railroads are able to give the
I shippers better treatment than they have
I In the past, sometimes, there Is almost sure
1 ta result agitation for legislation that will
give the commission greater power than
It now has. Much of the restrictive rail
road legislation in the Individual statea that
has been enacted revent'y is due to the re
flex action of grievances complained of by
shippers.
"In the -smith a continuance of car short
age conditions affecting lumber and cotton
will force a demand for reciprocal do- 1
murrage laws and laws prescribing the j
Dumber of miles a car must be hauled
every twenty-four hours."
WIRELESS AIDS POOL ROOMS
Out t Used to Secure Result from !
ftbrrpsheud Track Seised by
Authorities.
NEW YORK. Sept. 3 A wireless outfit,
wl.'ch the police believe waa used for trans
mitting racing news to the pool rooms of
New York city, was seised In a cottag
near the Shrepahead Bay race track yes
terday. Two men wer arrested In the
department. The fact that the race track
managers withhold racing newa for a stated
period. In order to mak it of little value
to poolrooms, has led to many Ingenious
schemes to get the coreted information.
The wireless method waa th latest. A
collage overlooking the track waa hired
and experts, with th aid of a powerful
telescope, collected such information aa was
dtslrvd. Aa th telephone and telegraph
wires In the track's vicinity were closely
guarded, th wireless system was resorted
to by th pool room agent to get th ness
through to th city
,H mary of tue bee
mlnTi rplrmlifr 4, 10O7.
it S September 1907 I
Um '"-J- Tut WtO THU Ml. SAT
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8 0 10 II 12 13 14 1
15, 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 ' f
THE WtiTIia,
FORISCAST FOR M;ri!AKK AND
IUWA-hair Wfdnr-ilnv;
much chanae
1 ernperature at (in,..
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Deg.
;
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7S
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1 5
74
72
69
Hour.
L3.
6 a. m
ha. m
7 a. rn
8 a. m
! a. m
10 a. in
11 a. m
Ill m
DOMESTIC.
Interstate Commerce Commissioner F.
K. Lane expects to leave on an extended
trip when he will observe conditions with
respect to car shortage and railroad
management. Pag 1
Judge Landis gives District Attorney
Sims until September 24 to make further
showing In the Alton railroad rebate in
quiry, rag X
Wireless plant was found by which pool
sellers secured results of the races at the
t-'heepshead truck. Page X
The Standard Oil company case, head
ing on which will take place In New York
Thursdny. will be a fight for the lire of
the company. Pag X
President Roosevelt changes his plans
and will reac h Washington on September
1'5 previous to his western trip. Pag X
In United States court at St. Paul, the
preliminary phases of the fight over
the C-cent fare law and the rate reduc
tion acts Is taking place. Pag X
Senator Newlands addresses the national
Irrigation congress at Sacramento upon
national phases of the transportation
problem both by rail and water. Pag- X
Government will build five new torpedo
boat destroyers. Pag X
roxEioir.
Engineer on Canadian Pacific excursion
train took curve at high rate of speed near
Orangevllle, Ont., and six were killed
and many injured. Pag X
German military authorities discover
Important army secrets in the hands of a
traveler. Fag X
Serious fighting takes place near Casa
blance between the native troops and
Moors. Pag X
Rioting at Antwerp takes on Serious
phase and police discharge revolvers Into
crowd. Pag x
American manufacturers on tour of Ger
many find progress In Industries th'-re
has been amazing. Fag X
HEBSASXA.
State fair Is drawing about the samo
attendance as last year. J. W. Deweesc,
attorney for the Burlington road for
many years. Is dead. Pag 3
Nebraska railroads ask for more time
In which to prepare a showing with re
spect to the recent order of the railway
commission lowering grain rates.
Paf 3
Prof. Charles , Woodbury, Instructor In
the Lincoln high school, was drowned at
Lawrence, Kan. Pag 3
X.OCAI.
Government Inspectors are In Omaha
looking for the sign required by law over
the doors of renovated butter factories.
Pag S
Two men were killed by trains in Omaha
within twenty-four hours. Pag 7
Sam Grace, business agent of the Union
Pacific machinists, denies the story re
cently circulated that a strike anion
chinlsts Is contemplated. Patfa
Herbert Harrlman of Omaha, cousin i
K. H. Harrlman, is engaged to Miss Ell
beth Shirley of Kentucky, who Jilted Tm
Shevlin, the Yale foot ball mail. Page b
MOVEMENTS OP OCEAJT VESSELS
Tart. Arrival!. Departures
NEW YORK Kmonl.nd. Pures.
NFW YORK Oscar II.
PI.YMCUTH K W. 1r GroaM.
nt.Asnnw Columbia.
KOTTKRUAM ... Stalc-nrtam.
LONDON Mlnnetonka.
OLD OFFICERS RE-ELECTED
Rural l.eielr farriers' Association
(loses Successful Meet at
Grand Island.
GRAND ISLAND. Neh.. Sept. 3.-Spe-clal.)-i-The
aecond annual meeting of tho
Rural Letter Carriers' association of Ne
braska tame to a close last evening at the
court house, a very successful meeting
having been hold. The morning session
was taken up by preliminary organisation,
addresses of welcome, etc. The visitoia
were entertained at dinner aa the guests
of the city by the ladles of the Tiinliy
Methodist Episcopal church. K. n. Cun
ningham, past president, addressed the as
sembly on "The Good of the Order," urg
ing them all to get all rural carriers In
the state Into the organization and that
there be a county organisation tn every
county. The present officers were re
elected: 8. P. Howland of Juniata, presi
dent; Mr. Helmlck of Waco, secretary; Mr.
Talbot of Table Rock, vice president, and
C. ,11. Barber of Stromaburg, treasurer.
Mr. Talbot was elected delegate to the na
tional convention, with Mrs. Ruth Kenyon
of York aa alternate. York waa chosen as
the place to hold the next convention.
The delegate to the national convention
was Instructed to vote against old line In
surance far the rural carriers. Resolutions
felicitating the organisation upon the Im
provement of the service and expressing
thanks to the department at Washington
Instrumental In securing an Increase In
salary and thanking the senators of Ne
braska for their assistance, also thanking
the local authorities for their kind wel
cume and entertainment, were passed.
BAR TICKET TAKING LEAD
Lancaster Repablleana Interested
Most In Outcome of District
Jadaeanlp Flht.
(From a Staff Correspondent.)
LINCOLN, ' Neb.. Sept. 8 -(Speclal Tele
gram. J There is little excitement In Lin
coln over the primary, the chief element
of Interest occurl.ig- over the bar ticket,
friends of opposing candidates being at the
polls and making an effort to secur sup
port for their candidates. At 9 o'clock. In
on of the beat populated precincts, twenty
nine ballots were east, being an Indication
of the vote over the city.
Charter Oak Races Postponed. '
HARTFORD, Conn . Sept 1-The grand
circuit races at Charter Oak park have
baten iHsiponrd until Wednesday. Heavy
rama during the night and lack of sun
shine today left the track In such a condi
tion that it was deemed Inadvieeblo to
start the horse this afleruuvn.
i altos isqciry postponed
Judge Landis Grants Request of Dis
trict Attorney Sims.
NEW TURN IN THE REBATE CASE
Sltnntlnri' Arose Compelling; d
Journment of Session of the
(.rami Jnrr for Three
Weeks.
CHICAGO, Sept. 8. Judge Iandis In the
I'nited States district court today ordered
a postponement of the grand Jury Investi
gation of the rebating charges against the
Chicago & Alton railroad growing out of
the recent trial and conviction of the Stand
ard Oil company until September 24.
It was generally believed that when
court opened today a letter would be pre
sented from Attorney General Bonaparte
settling the questtion of whether the De
partment of Justice Intended to prosecute
any action against the Chicago ft Alton.
The company had claimed immunity, as
serting that It was promised by former
District Attorney Morrison that if it aided
the government In good faith in the prose
cution of the Standard OIL. company It
would be exempt. No such letter was, how
ever, presented, in court either by Judge
Landis or by District Attorney Sims, the
successor of District Attorney Morrison.
District Attorney's Remarks.
When tho court opened today District At
torney Sims said:
"I am here, if the court please. In tho
matter of the grand Jury Investigation,
and In that matter I have to ask the court
or I wish to make a motion for post
ponement. In compliance with the sugges
tion of tho court made at the time of the
convening of the present grand Jury, the
facts and circumstances In connection with
the matter under Investigation had been
submitted to the department and I expected
to be able to report to the court this
morning its views and findings. Very re
cently, however, a situation has arisen,
which, In my Judgment, makes It highly
desirable that I have lime to submit to the
department certain facts and circumstances
In addition to these already submitted.
"For these reasons I request that further
action in the matter be postponed for three
or four weeks. I regret the necessity for
asking the court for this postponement,
but it seems to me In view of what I know
In connection with the case to he unavoid
able." "Is the grand Jury present?" asked Judge
Landis.
"Not now, your honor."
"How much time do you want?"
"I think not less than three' weeks. It
sems to me highly desirable that when the
matter is again called that we be able to
take definite action on it. Three weeks
from today will be the "4th."
"You may Infqrm the grand Jury," said
Judge Landis, "that they are at liberty to
take a recces until 10 o'clock on the
morning of September "4th."
After leaving the court room District At
torney Elms declared that he intended to
submit certain facts to the attorney gen
eral and said that they had arisen within
a few hours. .
He said that he would go to Washing
ton within a short time to present person
ally to the attorney general his reasons
for asking the postponement.
BUILD TORPEDO DESTROYERS
Bids Opened at Navy Department for
Five Vessels of Tula
Class.
WASHINGTON, Sept. S Bids wer
dpened at the Navy department today for
' --M ruction of five torpedo boat de
ruler the terms of the naval ap
i nets of 190. and lnm. Tho limit
l was fixed at $.si,000 for each
no bidder was authorized to re
ucts for more than two.
ense the designs of these new
I pear to be reactionary, for the
ma . . uni speed required Is placed at
twenty-eight knots per hour, whereas some
of the boats constructed several years ago
were obliged to show a trial speed of over
thirty knots. But the new boats are ex
pected to be much more serviceable craft
than the early type. They represent sev
eral years' experience In the hardest kind
of torpedo boat drills and cruises for our
own little flotillas have made world's rec
ords In long distance voyages, and their
commanders Invariably reported In favor
of structural strength, stability and coal
endurance, as against the high speed. So
the efforts In this case has been to plan a
type of boat that will have great seagoing
power on a limited displacement of 7X
! tons.
TWO HUNDRED PEOPLE HURT
Engineer Took Mountain Curve at
High Speed, Kllllas Six
Ootrlatht.
ORANGEVILLE, Out.. Sept. S.-A Canad
ian Pacific railway special train carrying
over 300 passengers bound for the Toronto
exhibition was wrecked this morning at
Horse Shoe Falla, nine miles Bouth of here.
Six people were killed and over 250 injured.
The train left Orangevllle at 9:15, one
hour late. Half an hour later the loco
motive Jumped th rails on the down grade
of the horseshoe curve of the Caledon
mountain. Five crowded cars were piled
up on top of the locomotive.
At Orangevllle every seat was filled and
people were standing In the aisles. All
the cars were Jammed together In the
fierce shock. Not less than passengers
were in the .cars that left the rails. Of
these at least 2M were Injured, many of
! them fatally, and six were killed outright.
! The only explanation of the disaster so
far Is that the engineer was trying to make
up time and took the horseshoe curv at a
high speed.
AUGUST TRADE IS LARGE
Government Has Surplus of Over
Three Million Dollars
for AuaTuat.
' WASHINGTON, Sept. I. The statement
of the government receipts and expendi
tures shows that for th month of August..
1W7, the total receipts were SM.SW.Sl. and
th expenditures 14.837,790, which leaves a
surplus of 33.3SS.491.
Th monthly circulation statement shows
that at th close of business August 31 last
the total circulation of national bank notes
waa a4.066,321, which Is an Increase for the
year of J34..C18, and an Increase .for the
month of tij0,435. The circulation based
on I'nited State bonds amounted to tUA,
$16,91?. an Increase for th year of t32.506,n.
and an lnrreaae for the month of tl.t-2,6?7.
Th amount of th circulation secured by
lawful money waa t47.110.4O4, an Increase for
the year of Il.607.h51 and a decrease for th
c-th of II.!
GERMANY'S GREAT PROGRESS
American Manufacturers Find Moch
Advancement Made In
Machinery.
BERLIN. Sept. 3. Lieutenant Godfrey L.
C'arden of the I'nited States revenue cutter
service, who has been Investigating th
principal Industrial centers of Belgium,
Switzerland and Germany with a party of
American manufacturers and professors,
proceeded to Msgtleburg today. Among the
party are H. W. Leschen of A. tasrhen ft
Sons of St. lyiuts. Clifford Kuan of J. A.
Fay, Egan ft Co, erf Cincinnati, L. H.
Weber of Kansas City, Prof. Clifford Cog-
gins of the University of Colorado and
Prof Ilaynor Allen et the Massachusetts
Institute of technology.
The two principal conclusions reached are
the extraordinary prosperity and extreme
Industrial advancement of Germany. All
of the thirty-five works visited were
crowded, some of them having orders for
years ahead At Mulliausen, the Americans
found gas engines being constructed up to
J.OflO horsepower. Gas engines in America,
Lieutenant Cardcn said, are reparded as
being In an experimental stage, but all over
Europe gas engines had passed from ex
perimental to fully practical use.
The Americans found that the Germans
made great use of waste steam In manners
unknown In America. Lieutenant Cardcn,
who visited 3o0 German works In 193 as a
machinery expert for the St. Louis ex
position, was able to contrast what he saw
during his present visit with what he saw
four years ago. He said that the work
shop efficiency here had Increased almost
up to loo per cent, the manufacturers every
where having applied American methods of
getting the highest capacity out of tools
j and machines. He found, however, that
the Germans employ fewer American
The feeling among the manufacturers of
machine tools, most of those now In use
having been made In Germany, although
the highest class America tools are still
Imported.
the party was that the United States ex
periences difficulty In beating Germany and
that the American superiority in systems
of work and machinery of a few years ago
has well nlRh been overcome.
From Magdeburg the American party will
go to Hanover, where It will break up,
sailing for home on Various steamers.
MOORS DISPERSED BY FRENCH
Merlons KnaraKerarnt I nfavorable to
Tribesmen Taken Place Near
Casablanca.
PARIS. Sept. 3. Admiral Philibert,
cabling yesterday, reports thnt a serious
engagement occurred on Sunday near Casa-N
blanca, when a large force of Moors of the
Taddcrt and Mzab tribes was dispersed by
the French troops. The French cruisers
Glolre and Gucydon participated In the
action, firing sixty shells. '"our French
soldiers were wounded. The fanatics showed
extreme recklessness, but eventually re
tired under repeated, sweeping charges of
the French and the terrific bombardment
of the artillery.
The lighting was starred by the 'Arabs
attacking a reconnolterlng party which
General Drude had sent out, and which
were reinforced by nve-Trmipantee of in
fantry and two twffferles of artillery.' and
pahis, Africans, hussars and irregular
Algerian cavalry. The loss of the Moors
Is not known.
Tedala. which the French cruiser Guey
don bombarded, was used as a supply
center by the Moor.
UPTON WENT THROUGH STORM
Ills Party llnd Lively I'.xperlenee Oft
Sontbaea When Scinnll En
dangered Host.
LONDON, Sept 3, Sir Thomas Lip ton
and a party of guests have arrived at
Southampton on the steam yacht Erin.
Upton left Belfast last Thursday for Dub
lin, and his nonarrlval at the latter port
had given rise to rumors that he had
ateamed for the I'nited States. Sir Thomas
and his guests had a lively experience off
Southsea. They had boarded the schooner
yacht Ceylon and were at luncheon when
a storm arose, which caused the boat to
heel dangerously. Dishes, chairs, etc., were
thrown about and smashed. The party re
turned, to the Erin as soon as the squall
abated.
I RIOTING SERIOUS IN ANTWERP
!' ' . ... .
a-oiiee fire ipon iiiainrnera ana many
Persons Are Badly Wounded
aa Result.
ANTWERP. Sept. 3. The violence of the
I locked out dock laborers and of thosu who
I went on strike In sympathy with thum
' increased to serious proportions today, when
! at least a doxen persons, including strihe
: breakers and members of the crews of the
steamers, were attacked and badly
I wounded. The police charged repeatedly,
firing their revolvers at the rioters, who
dispersed only to reassemble. Troops are
ordered to mobilise tomorrow and gather
ings of more than live persons are for
bidden. FLOOD DAMAGE IN ' JAPAN
Heavy Loss of Life and Property Re
sulted from Recent High
Water.
TOKIO, Sept. 3. The following Is an
official statement of the loss of life and
damage caused by the recent floods:
Killed, 34S; Injured, "0; missing, 173; build
ings destroyed, 1,337; partially destroyed,
1.376; washed away, 3.14::; flooded. 173.339;
embankments broken, 1.670; bridges washed
away. 976.
Rice and other crop suffered heavily In
the flooded districts, but it is believed that
the rice crop of the whole country will be
slightly above the average.
ARMY SECREJS DISCOVERED
German Military Authorities Find
Military Instructions on Per
son of Traveler.
BERLIN.' Sept. 3. The military authori
ties are making a searching investigation
to discover further -ramifications of tho
Coblenta treason case, which came to light
through the discovery on the person of a
traveler at Herdlesthall on the Belgian
frontier of copiea of secret Instructions
regarding artillery fire as practiced in the
German army, which are confided only to
the chief officers under stringent safe
guards. To further arrests were made.
American Money Demanded.
HAVANA Sept. 8. Building construction
in the capital la at a standstill because of
a strike of masons, who have demanded the
payment of their wages in American money.
This strike may be the beginning of a
general move for American money, ex
pected since the clgarmakera sinks.
VOTE RUNS FAIRLY HEAVY
Balloting in Primaries Light Early,
but Picks Up.
HARMONY SLATE PROBABLY WON
Indications Are That Most of Men on
Ticket. If ot All, Will Uet
the Republican domi
nations. The balloting In the local primary elec
tion was carried on under most favorable
conditions yesterday. The vote started out
light during the early hours of the day,
but became heavier toward evening and
continued in all the precincts up to the
closing hour. The fact that the nolle m-ere
open to 9 p. m. makes It impossible to give
any definite figures for this early mall edi
tion, although Indications are thot most o
the candidates on the harmony ticket, if
not all of them, won out for the repub
lican nominations.
Tho polls opened in most of the precincts
at 8 o'clock. In some voting places trouble
was had In securing Judges and clerks and
bystanders had to be sworn In to take the
places of absentees. This trouble delayed
the opening In a few of tlv precincts, but
owing to the light vote cid not Interfere
seriously with the balloting.
Rntler Una l ittle Troahle.
City Clerk Butler had llttlo trouble with
his registrars except In the Third of the
First ward. Dominlck Cogan refused to
net as registrar and Butler sent a police
man out to his house at 5 o'clock Tuesday
morning to escort him to the city hall to
qualify. When the officer got there Cogan
had fled and he was nowhere to he found.
A substitute was found and qualified. In
several precincts the registrars a Iff? acted
as Judges and clerks of election.
Some minor dashes bet wen workers oc
curred In a few of the precincts. In the
Fourth of the Eleventh ward M. O. Mc
leod tore down and destroyed all the har
mony ballots that had been posted near the
polls. In the Fifth of the Fifth ward Don
ahoe workers removed all the sample bal
lots that did not contain the name of their
candidate. In some of the precincts of the
Seventh ward M. J. Greevy entered objec
tion to the posting of ballots and cards In
the neighborhood of the polls.
It was reported early in the forenoon thnt
some of the precinct boards were allowing
unregistered voters to register and vote
on their new registration. Inquiry failed to
disclose any precincts In which this was
being done and the old registration lists
were In general use. Voters were allowed
to register for the fall election as primary
day Is the first day of registration, but
this did- not give them a right to vote at
the primary unless they had previously reg
istered. f'nt All for Bob Smith.
Early In the day reports of th last
desperate effort In behalf of Bob Smith
began to spread over the city. From vari
ous voting precincts came the reports that
Fontanelles and personal boosters of Smith
were out with the appeal to vote for Bob
Smith no matter who else got a vote. To
foster this scheme little cards were dis
tributed bearing this Injunction or appeal.
These cards were kept In circulation.
This action has had the effect of riling
other members of the Fontanelle club as
well aa creating consternation among the
Iqual Righters, who had supposed some
body beside Smith would get some of 'this
support. These elements claim It only
shows the despair whlcTi the Smith men
feel for the safety of their candidate, but
that doesn't seem to mollify the feeling of
the others.
Officers Woodrldge and J. B. Wilson of
the police force raided the saloon of Emll
Gall at Ninth and Douglas about 3 o'clock
Tuesday afternoon and found twelve men
In the place, most of them drinking. The
entire crowd, Including Gall and his bar
tender, Henry Gall, was arrested and
taken to the police station, charged with
violating the election day lid.
LATINS STILL DISSATISFIED
American Proposal Relative to Col
lection of Debt Is Practically
Approved.
THE HAGUE. Sept. S.-The latest sug
gestion of the American delegation to the
peace conference made to the Latin-American
countries regarding the proposition to
establish a permanent International high
court of Justice at The Hague, is that the
conference select fifteen to twenty-five
electors, who shall elect tho Judges.
Even this does not find favor with the
Latin-Americans, Senor Esteva, head of
the Mexican delegation, and Dr. Ruy Bar
boza, the leader of the delegates from
Brazil, showing special opposition to It.
Senor Esteva thinks the project does not
sufficiently guarantee the rights and aov
erelgnty of the countries represented.
General Porter's proposal for the collec
tion of contractural debts, which Is a mod
ification of the first American proposition
on the subject, and principally Intended to
do away with the reservations made when
the first proposal was put to a vote, was
today practically unanimously approved by
the committee of examination.
OMAHA AFTER THE EAGLES
Convention nt Norfolk May Come to
Nebraska Year After
Neat.
NORFOLK. Va., Sept. S.-The ninth an
nual convention of the grand aerie. Fra
ternal Order of Eagles, convened here to
day with an attendance of upwarda of 1.000
delegates from every state and from Can
ada, and a total gathering of more than
15,000 visitors. Responses to addresses of
welcome by Governor Swanson and Mayor
Riddick of Norfolk were made by Theodore
A. Bell of California and Del Carey Smith
of Spokane, Wash.
Grand Worthy Vice President Theodore
A. Bell of California and S. B. Wadsworth
of Council Bluffs, la., are candidates for
president.
Seattle will secure the 1908 convention and
Omaha Is being boomed for the 1909 conven
tion. NEGRO'S DEAD BODY FOUND
Believed to Be Sequel of Attempt
Made to Assault m
W
BIRMINGHAM, Ala., Sept. I -The find
ing of the dead body of Jerry Johnson,
colored, with five bullets holes piercing it
is believed to be the sequel of an attempt
yesterday to assault Mrs. W. W. Ellard at
North Brlmtngham. The body of the negro
was found in an alley at Lewlaburg. The
coroner Jury returned a verdict that he
died from wounds Inflicted by unknown
parties.
STANDARD FIGHTS FOR LIFE
Testimony at ew ork la Missouri
Case Involvli.ar Existence
of Oil Company.
NEW YORK, Sept. S.-The taking of tes
timony In this city In the suit brought by
th I'nited Statrs government at St. Louis
last December to dissolve the Standmd Oil
company, under the provisions of th Sher
man anti-trust law, waii postponed today
until Thursday at the request of counsel
for the defendant company. It was an
nounced that the adjournment of the hear
ing would really facilitate msttcrs. Inas
much as the opposing attorneys are In con
sultation over various matters which could
best be handled. In their preliminary
stages at least out of court.
The attorneys for the government were
ready to proceed when former Judgo
Franklin Ferrlss of Bt. lxnile, the special
examiner appointed by the federal court,
took tho bench In the I'nited States dis
trict court room today, but offered no oppo
sition to the order of postponement re
quested by the defenre. The principal
feature of the brief session today waa the
making public of a partial list of witnesses,
which Indicated the Importance and the
wide scope of the testimony expected to
be taken here. Heading the list Is W. G.
Rockefeller, a director in most of the
seventy affiliated oil companies, named as
defendants In the government's suit, and
E. C. Benedict, banker, and the life-long
friend of former President Cleveland. Mr.
Benedict was present today In answer to a
-..I.-, .i,n .iinrnrva for the Standard
Oil company - entered an appearance for
Mr. Rockefeller.
That the testimony desired by the gov
ernment will have to do largely with al
i leged rebates and discriminations In freight
I rates Is Indicated by the number of promi
nent railroad officials Included in the list
of witnesses. Among these are Jefferson
Justice, assistant controller of the Pennsyl
vania railroad; R. W. Downing, ex-controller
of the Pennsylvania, lines; W. 1.
McCulloch. auditor of freight receipts of
the New York Central, and W. A. Harris,
counsel of the New York Central. Wade
Hampton, general auditor of the Standard
Oil company of New Jersey. Is under sub
poena, aa ore C. M. Pratt and F. Q
Barstow, directors of the defendant com
panies; John P. Logan, formerly an of
ficer of tho Standard OH company; W. P.
Howe, P. 8. Tralnor and Charles T. White,
all associated with the defendant com
panies. The government's Interests this morning
were In the hands of Frank B. Kellogg of
St. Paul, Charles B. Morrison of Chicago
and J. H. Graves of the Department of
Justice at Washington. When the taking
of testimony Is begun, on Thursday, It is
said that fifteen or twenty special attor
neys may be present for the defendants.
Aside from the seventy alleged Standard
Oil corporations named by the government,
the individual defendants are John D.
Rockefeller, William G. Rockefeller, Henry
H Rogers. John D. Archbold, Henry M.
Flagler. Oliver H. Payne and Charles M.
Pratt.
RATE HEARING IN MINNESOTA
Jndae l.oehren, nt St. Paal, Will De
termine Rlttht for Prelim
inary Injunction.
ST. PAL'L. Minn.. Sept. 3.-Judge Willlnm
Lochren In the United States district court
today began hearing the argument In the
matter of the application of the stockhold
ers of the railroads operating in Minnesota
for a temporary Injunction restraining the
state from attempting to enforce the com
modity rates contained in a law passed by
the legislature last winter, and the 2-rent
passenger rate law, and also the merchan
dise rates ordered by the railroad commis
sion last year.
The hearing today Is an application for a
temporary Injunction pending the final
Judgment. Some time ago Attorney General
E. T. Young entered a motion for the dls-
I missal of the suit as against mm on
1 ground that the suit was In fact against
I the statu and hence was In violation of the
1 M-,,,.1 nrovlslon exempting the state
from being sued without Us consent. Th s
motion Judge Lochren denied and the case
now comes up on the question of tho issu
ance of tho preliminary injunction. On this
hearing it devolves upon the complainants
to make, out a prima facie case. Affida
vits were presented for tho purpose of
showing the court that tho merits of the
case are such thut they have a reasonable
probability of winning In the end. The
hearing now Is on the sufficiency of the
prima facie showing to entitle them to
the preliminary Injunction. The question of
the right of the state to regulate rates on
rfflc la nurely within tho state Involved
Lin these cases Is the same question which
S ... . I . I. In
Is now being lougni uuc m -- ...
other states.
MARSHAL AND TRAMP SHOT
Doctor on Way to Attend Injured Of
ficer Fatally Wonnds
Assailant.
PACIFIC. Mo., 8ept. 3. Great excitement
was caused here today by the shooting of
Acting Marshal A. Kopf when he was
attempting to arrest Charles Anderson, a
tramp, and the shooting of Anderson by
Dr. A. L. McNay. Anderson and three
other tramp companions got Into a quarrel.
Acting Marshal Kopf approached the
tramps to atop the disorder and Ander
son suddenly shot the officer and fled.
Dr. McNay was hurriedly summoned to
attend Kopf, who was probably mortally
wounded. While driving to the spot Dr.
McNay was intercepted by Anderson, who
ordered him to give hlin the rig to escape
Dr. McNay shot Anderson, who will prob
ably die.
"MAN WITH WRY NECK" DEAD
Peculiar Character In Brooklyn Kills
Himself Without Giving Ren- '
son for Deed.
NEW YOP.K. Sept. S James A. Lewis,
a civil engineer known locally as the "man
with the wry neck," shot and killed him
self yesterday In his room in Brooklyn.
He gave himself bis peculiar nickname In
a strange personal which he had published
In a daily paper last June. Lewis was an
enigma to all who met him, never speaking
of his family or antecedents except to hint
that his father had been murdered and his
mother and himself maligned, by the agents
of some secret society, whose enmity his
father had incurred. It Is believed that
the man was insane.
PRESIDENT CHANGES PLANS
Will Leave Oyster Bay for Washing,
ton on September 23 In
stead of Later.
OYSTER BAY, Sept. 3. It was announced
today, that President Roosevelt will leave
for Washington on 8c ptember 25. instead of I
September 19, and have a day In Washing
ton before starting- on his western and
southern tria
NEWLANDS ON WATER
Senator from Nevada Points Out Im
portance of Rivers of Country,
TRANSPORTATION IS INVOLVED
All Phases of Waterways Comes Be
fore Federal Commission.
NATIONAL BOARD IS SUGGESTED
Senator Would Have Scientists Co
operate in Public Work.
COMPREHENSIVE PLAN ESSENTIAL
pen Iter Say Problems ( an Best Bo
Solved by Gradual Action of
Board, Congress Supply
Ins; lash.
SACRAMENTO, Cal., Sept. 3.-Thls was
Irrigation and conservation day at the Na
tional Irrigation congress. A number of
men prominent in the great work of the
congress were the speakers. A letter from
Secretary Garfield was read regretting his
In ability to attend and speaking of the
Important work to be done. I'nited States
Senator Francis G. Newlands of Nevada, a
member of the Inland Waterways commis
sion, delivered an Interesting address on
the subject with which the Inland Water
ways commission deals.
Senator Newlands, addressing the con
gress today, said that the Inland Water
ways commission had only been In
existence a few months. It had been en
gaged thus far In tho work of Investiga
tion, and had not et formulated the recom
mendations. What he said, therefore,
must be regarded as his Individual views
rather than as the conclusions of the com
mission. After referring to tho appoint
ment of the Inland Waterways commission
by President Roosevelt. Senntor Newlands
said that the letter of Instructions from
the president enjoined upon the commission
the study of all questions relating to In
land waterways, with a view to recom
mending practical legislation upon the sub
ject. The president's purpose was to un
dertake now a plan of practical utilization.
Improvement and development which might
In the coming years ha worked out compre
hensively and successfully.
Forest Reserves Necessary.
"Whilst tho primary purpose of this In
quiry," Mr. Newlands suld. "Is to facilitate
water transportation, it Is impossible to
perfect the machinery of the waterways
without taking Into consideration the re
lated questions of forest reservation, of
Irrigation of arid land, of reclamation of
swamp land, 'of bank protection, of clari
fication of streams and other kindred ques
tions. "It la impossible," the speaker con
tinued, "to Indicate now what the form of
legislation should be. Individually. I should
say that some plan in which tl chiefs of
the groat scientific services of the country
could be brought together in a national
board of public works, with power to make
comprehensive plans, and to work them
out gradually, might be the most efficient
way. I cannot imagine an organisation
more perfect than one which would In
clude the chief of the engineer corps of
me army, the director of the geological
survey, the director of our coast and
geodetic survey, our Panama canal serv
ice, our reclamation service, the chiefs of
our forestry service, and of tho bureau of
soils. Such a board would mold Into unity
of action these groat services, each of
which la now engaged In some form of
study and work relating to our waterways;
and there could be created a fund similar
to the reclamation fund, which could be
placed under their control. Their work
could In a measure, be made bcI f -compensatory,
by tolls, charges for water
power, and other means of revenue. Their
action would cover all questions relating
to the Improvement of harbors and rivers,
the construction of canals, the develop
ment of water power and all the re
lated questions of irrigation reclamation,
forestry, soil treatment, etc. Their action
would not be spasmodic and disjointed, as
has been the action of congress upon these
subjects; but great and comprehensive
plans could be Inaugurated, which they
could gradually work out within the limits
of the fund created by congressional action.
Demand for National Action.
"Tho demand for national action aa to
water transportation will include national
action regarding railway transportation,
tnd will necessitate the creation by the
nation of the great corporations which ar
to handle this great commerce.
"We cannot tako a broad view of th
powers of the national government as re
lating to carriers by water and refuse t
recognize those powers aa relating to rar
rlera by rail. Transportation Is a national
question. The common carriers engaged
in Interstate and foreign commerce must
be national agents. The laws creating
them must be the laws of the nation. The
regulations which control them must ba
the regulations of the nation."
An address on the "Conservation of Re
sources" was' delivered by Gifford Plnchot,
United Statea forester.
Talk for Free Lumber.
Later there were responses by represen
tatives of the national organization. Fol
lowing the address of Mr. Plnchot, Judge
John E. linker moved that it be th sense
of the gathering that all duties on tlmebr
be repealed and that the timber of this
country be preserved to the largest extent
possible by allowing other countries to ship
their lumber In. Under a rule adopted early
In the session, this motion was sent direct
to the committee on resolutions without
opportunity for discussions.
Delegate Kelsel of Utah asked Plnchot
what was being done by the forestery serv
ice. The reply was that the service can
not filaut sufficient trees to keep up with
the consumption, but that as fast as con
gress appropriates funds. Irrigation and
other water sheds sre being protected.
The congress sent a telegram of thanks
to President Roosevelt for the "splendid
message" from him, read by Gifford Pln
chot yesterday.
Major Hoppe President.
NEW Y'ORK, Sept. 3. Major Bernard
Ruppe, president of the New Mexico Stat
Board of pharmacy, has been oiruted vice
president of the National aasociatlon of
state boards of pharmacy n-jai in session
here. Major Ruppe Is the sou of the late
Dr. Ruppe of New York and a repre-l
sentalive in the house of dehgatea In the
territorial legislature.
Women and Children Drown.
ALBUQUERQUE. N. M . Sept. 3-News
has just reached here i hat Mrs. Louisa
Hill Carabajal, wife of a farmer and seveit
children, m-re drowned In a flood result
ing from heavy rains. In Alamo creek,
Sierra county, last Friday night. The fluud
cuasvd damage estimated, at IvJ.uwi.