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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 11, 1907)
The Omaha- Daily Bee VOL. XXXVII NO. 73. OMAIIA, WEDNESDAY MORXINCi SEPTEMBER 11, 1 HOT TEX PAUES. SINGLE COPY TWO CENTS. 4 1 IN STATE OF SIEGE Japanese and Chinese Quarter ol conver Beiemblet an Arsenal i SPECIAL CONSTABLES SWOBN liilitia Will Be Called Out if Thei? la Further Disorder. VARIOUS THEORIES OF THE RIOT " Responsibility of Settlement is Placed - v on Canada. WILL HELP OUT UNITED STATES Japan la Little Rirrrllrd anil Mala talma Calm In Official Circles Newspapers Art Pas alra. VANCOUVER. P. C, Bept. 10. -Th C'liiiicie find Japnnese quarters of V.-in-couver are" practically In a citato of frieze. Hundreds of revolvers and guns w-r. tf 'A yesterday' to the orientals until the nolle prohibited the ssle of the firearm. Kvety Chinese merchant goes about with rn armed bodyguard and beside the enr-.-nnce to every Chinese sVire stands a M-tnitiilinn with a rifle. All the I'htnese rooks, mill men. Iiihorem and all the Japan - nese working In the :i'y nil oiintry within a radius of llfieen .miles from Vhn couvor have been summoned to the oriental iunrter and nre lining all the houses In that quarter, flealdes 'he flrearrnF, V'lves, stones. . bottles and - bricks nre In stock ready to rpel any attain of a mob. Glass In every Oriental shop and house in the city was broken by the mob last Baturday night, except In the Japanese church. which escaped. It 'Is a question whether 1he city or the dominion Is responsible fi r the. 120,000 damage done. The chief of police has sworn In 100 special constables. The military will be called out If there Is a sign of further dis turbance. . Pay Passes Without Disorder. Everything was quiet today In and about the orient quarter, and there has been no further attempt to renew the anti-Asiatic rioting. Nona of the Japanese have as yet returned to their Work In the lumber mills, which are still closed down, but which ex pect to resume tomorrow. The strike of the I'htnese cooks bids fair to last longer and restaurants are closed. Hotels, clubs and private families are making shift without cooks and Vancouver people are receiving an object lesson on their dependence on Chinese domestics. Rlola Carefully Plaaned. PORTLAND, Ore., Sept. 10 The Oregjn lan today prints tha following special from Fftnitlo, Wash.: Every Indication la that the an'MU"-:-, n. C, riots were carefully planned to Im press A. Ishll, chief of the bureau of for dan commerce. It Is significant that the 1 adrrs of the Brattle organization against Japanose Immigration wire it Vancouver liruilir.gr the iiemorslrstlon. I rank v Cot ' tacJk president , of . the Wm.i iui.-u Pifte Vdivatnia ol Lnhfit; A. ID. Fowler, setre Vny of the Anti-Japanese and Corean Im iT'ilirratloii league, and George P. Listman, a, prominent Seattle labor leader, all were present, together with a big delegation of American anti-Japanese sympathisers. The significance of the Japanese riots dates back to a program evolved when It was announced lliut Ishll was coming to Seattle. It was then decided and tele graphed out of Seattle that the anti-oriental organisation proposed to present to Ishll while he wus in Beattle a protest against Japanese immigration. At the tlmf this plan was tormulated It was believed Ishll would spend a week In Seattle and then HO to Vancouver. Ttiere was planned at a iiinleieiice between Vancouver and Seattle mitt-Japanese leaders all the details for a ,lpiy Hull-Japanese demonstration In Van couver Heplewt-er II. It developed that irthll dUl nil liuve time to Bpend In Seattle mid he went tl lough to Vancouver. Slmi:ltanuui ly with his going local lead deis of tho unll-Japanese society went north. They were In Vancouver when the outbreak oimrred, and though announce ment Is mnde In private letters from antl Japaucsc leaders that they harangued the mob not to do violence the society itself believes the demonstration had to do with their presence. . It was impossible to present a tig antl Jupantse petition to Ishll here and he re fused to remain long enough for the Van couver demonstration Bep:embcr 12. There is no question whether Beattle, Portland or Ban Vranelsco aglt;iprs took part. The great bulk of the marching and rioting throng was composed of Canadians and the Japanese otuelals .Ignored American participants In tl.B telegram of protest to the Ottawa government. Little Maid la Tout. TOKIO. Eipt. 10. The moat meager ac count of the unll-Japanese trouble In Van ' couver Is published In a special cablegram to the Asahl this morning. This Is the only one of the English or vernacular pupers which mentions the affair. While HWnltlng details tha Asahl refrains from edlrortal comment. Tha puBHshed dispatch, which Is from Ishll of the Japanese bu reau of commerce. Is brief and expresses tho opinion that the trouble la over. The press and official generallyshow no dis turbance over the Immigration question. CANADA SEEDS M ASSISTANCE Colonial (iorersairBl Expected to Handle Hlot Itself. LONDON, Sopt. 10. Neither the colonial oftVes nor the foreign offices have received official Information respecting the anti Asiatic riots at Vancouver. Two long dls-r-a'tches have teetn received at th Japa nese embassy from Canada, but these have not been communicated to the British gov ernment. Th colonial office directors say they do not expect any communication from Ottawa on th subject, and thai while the event Is greatly regretted, the Itnperlul authorities are sure the matter can be amicably settled between th Japanese offi cials and the Canadian government. KCLtIO. TKIfATV It LIKELY Developments In Vancouver Alt situation with United states. WASHINGTON. Sept. lO.-That a strin gent exclusion treaty between America and Japan Is measureably nearer realisation than th most optlmlstlo administration official could hav believed forty-eight hours ago la the Judgment of th members of th diplomatic corps here. This long ought object Is expected to b attained perhapa as an Indirect result of tha mob bing of th Japan at Vancouver In lirttish Columbia last Saturday night. Of ficials hr deplont what they view as an unfortucate and unwarranted Infraction of th treat right of th Japanese, but they do not fall to percelv at one th Import ant beaalug that thl Incident will probably bar upon th negotiations between th etat department and tee Japan ambas sador looking to th asafllng of a treaty tb,at hall limit th Incoming of Japanese coo ilea, mate ad of allowing th subject tc b dealt with In th present loose fashion by what amounts to aoml-offlcJal under taxings oa tb part of th Japanese gov- Patten4 a 8oon4 PagoJ SUMMARY OF THE DEE Wednesday, Htplrnbrr 11, 107. 1907 SEPTEMBER 1907 sua mon rut wto tnu ri. sat 1 2 9 3 (0 17 4 II 18 5 6 12 13 7 14 16 19 20 21 23 24 25 26 27 28 30 i $ c THE WZATHXB Forecast till 7 p. m. Wednesday: For Omaha. Council Bluffs and Vicinity Fair and warmer Wednesday. For Nebraska Fair Wednesday; rising temperatuie. For Iowa Fe' e"d warmer Wednesday. Deg. K a. m.... a. m.... 10 a. m 11 a. m.... 12 m 1 p. m 2 p. m 4 p. m... 5 p. m... U p. m... 7 p. m... R p. m. 9 p. m "5 DOMESTIC. Judges of the common pleas court of Philadelphia decide the S-cnt fare tor that county la unreasonable and noncom pensatory. Page 1 Judge T. C. Munger at Lincoln gra'nts a temporary Injunction to the railroads of the state prohibiting the Nebraska K.ul v. ay commission from delivering a new schedule of rates on grain to the roads. rage 1 Unguents of deceased packer. Nelson Morris, will result In benefit to bis native town. tag 1 Murk Twain declined an Invitation to attend the waterways convention at Mem phis Page X Western Union executive committee compliments the officers of the cdmpany on the manner In which they handled tho telegraphers' strike. Fag 1 Prominent woman of Norfolk was mur dered by a man whom she found going through the house and at whom she shot twice. Fag 1 Boy tramp, whose parents live at Find ley, O., was killed by the cars at Central City. Fag 1 The Red Men at Norfolk, Va.. adopt an amendment' barring saloon men from membership. Faf 1 FOKEICIX. Oriental residents of Vancouver con tinue to arm themselves while the Jap anese and Canadian governments believe they wiy he able to adjust differences In an amicable manner. Fag 1 Peace conference at The Hague adopts a plan for disposing of rlxes captured at ea. f Owners of steamship lines are exercised at the prospect of the Lusltanla breaking the Atlantic record. Fa 1 French authorities have come to the conclusion that the present sultan has more followers than the pretender. Fags 1 TOUStt,; - Nebraska traveling men object to tha Union Pacific prohibiting them from rid ing on the fast trains. Fag 3 MOVEMENTS OF OCKA-W BTEAMgUEPg. fort. Arrlnd. Balled. NKW YORK LaOMtogns HtW YORK Nleuw AmaMrdam CHHI8TIANIA... UnlUd Stain PLYMOUTH Kstier Wlibalm 11 COUNTESS LOUISE TO MARRY LonsT Royal Scandal to tent In Wed ding of Woman nnd Singer. NEW YORK. Sept. 10. Advices from Lon don state that th countess of Montlgnoso, tha divorced wife of the king of Saxony, 1 to be married there today to Slgnor Toselll, the Italian singer. . The countess, who was formerly Princess Louisa Antoinette- of Tuscany, archduchess of Austria, was married In 1891 to Crown Prince Frlederlch August of Saxony. Bhe had six children. Her elopement In De cember, 1902, with Andre Cllron, a Belgian, th tutor of her children, caused a world wide sensation. The couple wandered about Europe for a year, when Olron deserted th prtnc, leaving her a note saying he did so In order not to be an obstacle In the reunion of the princess and her children. Olron has since married a Belgian girl. Just previous to this the emperor, Francis Joseph of Austrlu, issued an order depriv ing her of ter AubtrUn title and prir lleges and about th same time the crown prince secured a divorce. Later she was permitted to assume the title of Countess Montlgnoso. After the death of King Oeorge of Bax ony, late In ISC. Fried rich August became king, and then Issued a proclamation that i he would have no further relations with ! IiOulsa, shutting off all hope that they would be reconciled. NEBRASKAN GETS PROMOTION Charles C. Heltmaa Mad Chief Mineral Division of Land Department. of (From a Staff Correspondent. WASHINGTON, Sept. 10. Special.) Charle C. Heltman of Geneva, Neb., who ! ha been an employe of the general land : fflce since 1890, was today transferred from ' his position as principal examiner to be i chief of the mineral division, hough Mr. I Heltman receive but a very bmall add! I tlon to hi former salaray the transfer Is ! a distinct and coveted promotion. 1 The secretary of the Interior today ap- proved list No. S of indemnity selections of public, lands made by Wyomug to 7.15 acres located in the Evanston land district I and also approved Indemnity school list j No. 14 of 640 acres located In the Aber I deen, 8. D., land district j Bids were opentd today by the treasury ! department for the elevator for the pub j 11c building at Sioux City, la. The Otis Elevator company of New York wss th only bidder at $6,200. SLIGHT FROST IN KANSAS Government Weather Bareaa Report Lew Trmperatare, bat light Damage. TOPEKA. Kan., Sept. 10. The govern ment weather bureau reports a light frost at Russell, in ElHa county, las. night sad temperacuT f degrees. This was, bow ever, not cold enough ta do dtmiit, a tamperatur of 33 degree being necessary for a kllllag frost. Macksvllle also reports similar conditions. In Topeka the temper atur 'was 4S dtgreea, th coldest night lno May . Heavy rains fell at Oaag City sod Fort Bootk r'.T . . " ' i'l Hour. FREIGHT rORCES UP LUMBER Railroad Rates Will Compel Higher Price for Timber. INCREASE ABOUT FIVE PER CENT ii Trnnnportatlon Charae I Already Heavier Than Cost at Mills nnd Higher TnrltT Are Prom ised la October. "Lumber will undoubtedly be advanced about 6 per cent In price this fall," sali an Omaha dealer. "The railroads have Informally an nounced an advance In rates, and though we have not received any tariffs we are sure the advance will come. It will be come effective sometime In October. Kates are something terrific. Even at present the freight charges on lumber from th Pneiflo const to Omaha exceed the price paid for the lumber at the mills. "The Hill and Harrlman lines, , whose net earnings Isst year nearly equalled their operating expenses have practically throttled the people, compelling them to pay exorbitant prices for building material and totally Ignoring all appeals of the lumber men for even a slight reduction In freight rates In the Interest of stimulating trade. Those appeals have' been frequent and have Invariably been turned down, and, to add still further to the burdens tof the people these roads have announced the Increase In rates of 10 cents the 100 pounds to take affect In October, which will add $3,39 per 1,000 feet to the cost of lumber In all the territory east of the Rocky moun tains, excepting Nebraska and Kansas, where the additional rate and consequent Increase In cost of lumber will be about half that. This latest grip upon the pocket books of the public Is based on the asser tion that the haul of empty car is prov ing expensive to the railroads. Added Cost Per lipase. "Cnder the new rates the additional cost of construction of an ordinary house In the eastern, middle western and northwestern states will be 106, because the lumbermen of the Pacific states are not In a position to absorb the raise In rates. "Washington, Oregon, Idaho, California and Montana contain 900,000,000,000 feet of standing timber,, or enough to construct 46,000,000 houses, and sufficient to care for the wants of the entire United States for a period of twenty-five years. The five states contain over 2,000 saw and shingle mills, employing 192,000 persons, and a pay roll of approximately 135,000,000 a year. Four, hundred mills are 'n the Spokane country alone. Last year these states shipped by rail 17,000,000 tons of lumber, on which the freight charges were no far from $150,000,000. "The entire operating expenses of the Northern Pacific are paid by the lumber men of the state of Washington alone, and the most profitable business of all the transcontinental lines Is this same lumber haul. Were it not for the forests on the Pacific coast the entire traffic of all the lines could be handled by one road. Tablo of Price. "The cost of producing this lumber at the present . time Is tlS.M. per 1.000 feet, and the average selling price ta about SIS per 1,000 feet at the mill. Freight charges are so high that In many cases the origi nal selling price of lumber Is exceeded. For example, rough lumber weighs 3,300 pounds per 1,000 feet, and by adding the" freight charges can be ascertained the de livered price per l'.OOO feet at the following points: From the Pacific Cost Freight charges. Total. $13.20 $28.20 16.60 31.60 16 60 31 0 1H.M 34.80 S.79 36.79 17.32 32.32 ! 160 31.60 13.20 28.2U 23.10 38. 10 '23.10 3S.10 23.10 as. 10 23.10 3. 10 23.10 3X.10 23.10 83.10 1 coast to at mill. Minneapolis . Omaha ..... , Chicago Cincinnati ... Indianapolis St. Louis ... Des Moines . Denver New York .. Boston ..$15 in lb 16 16 15 16 16 16 16 15 Philadelphia Wilmington 16 Baltimore 16 Norfolk 15 "The cost of lumber under the proposed rates will show as follows: From the New freight rates. $160 18.16 19.80 2X10 23.09 20.62 19.80 16.50 26.40 26.40 26.40 2.1.40 2H.40 26.40 Pacific Coast Cost at mill. ....$15 to Minneapolis .... Omaha Total. $31.50 33.15 84.80 38.10 38.09 $6.62 34. sO 31.60 41.40 41.40 41.40 41. 10 41.40 41.40 15 Chicago 16 Cincinnati 15 Indianapolis 15 St. Louis 16 Des Moines IS Denver ... 15 New York 15 Boston 15 Philadelphia 16 Baltimore 15 Wilmington 16 Norfolk 15 Bis; Railroad Karalaar. "One can readily understand why th Hill and Harrlman lines own and control the trafllo from the Pacific coast; also the source of the immense Increase In railroad earnings from year to year. For exam ple, the gross earnings of the Northern Pacific during the years 1900 to 1906, In clusive, were $308,6?,873.94, the operating ex penses $168,679,164.65 and the net earnings $149,988,709.39. During the same period the Great Northern's gross earnings were $234, 989.398.79; Its operating expenses were $118, 183.460.59 and Its net earnings $116,704,933.20. "Lumbermen In Washington and Oregon j petitioned the railroads several yeara ago j for a reduction In rates of 10 cents per 100 pounds to the middle west on the ground that they were burning up annually 63,00) carloads of lumber In the woods and at the sawmills because of alacK of market for cheap lumber. Their request was refused, notwithstanding the fact that th cost of haul la $1,200 44 per tralnload, and the revenues at 40 cents per 100 pounds would be $6,120 per tralnload. "This waste of timber la still going on. During the last two years th average time of movement of a carload of lumber from Puget sound and the Spokane country to St. Paul was 120 days, and the Pacific states lumbermen lost $15,000,000 In cancellation of orders." MANY ASKED FOR THE BONDS Heavy Sabsrriptloa Received la New Tor It for Forty Mil. Hob Isaac. NEW YORK. Sept. 10.-The New York j City bond Issue of $40.000,00i), bids for which j were opened today, was heavily over- subscribed at premiums ranging up to 108. J. P. Morgan 4k Co., the National City bank, and Kuhn, Loeb ft Co. bid for large blocks. SALOON MEN ARE BARRED OUT Gaeat Coaacll of Red Mea Adopts Ameadmeat to Bxtatraa; easrttarttci. NORFOLK. V.. Sept. 10. The great council of Rd Men today adopted an amendment prohibiting membership to all saloon keepers and bartender. Thl la not, however, rtroctlv WOMAN KILLED BY BURGLAR Prominent VtnrloU Maalrtan Shot with Pistol She- W as t sin; on tatrader NORFOLK. Va.. Sept 10-Mrs. Mary tjiwtesa Rorschach, wife of Lieutenant Frank Rorschach. V. B. N.. and sister of Joseph T. Lawless, former secretary of the commonwealth of Virginia, was murdered In her home. 131 Park avenue. Parkview, Portsmouth, by an unknown burglar earry today. She wan shot through the heart with her own pistol taken from her hand by the burglar after she had fired twice upon him through an open door leading Into the kitchen, where he was cornered. Whether the murderer was a negro or white man la unknown. He escaped, drop ping the pistol as he fled from the house. Bloodhounds brought from Portsmouth secured a soent, but soon lost It. Mrs. Rorschach's husband is on the cruiser Ten nessee, now with Admiral Evans fleet off Provlncetown, Mass. The shots awakened the oldest boy, Frank, Jr., and the mother cried to the boy upstair: "Frank, somebody has .taken my pistol and shot me. Qo quickly for help!" The boy rushed for help, hut when he returned with neighbor his mother was dead. The Rorschach home Is Immediately In the rear of the naval hospital woods In Portsmouth and near a lumber mill, to which negroes frequently pass. A newsboy who lives near the home saw a negro shortly after th tragedy running rapidly by his home toward the small footbridge, whence the bloodhounds went when they caught the scent While Mrs. Rorschach had a lamp In her hand, the burglar was In the kitchen In the dark. She evidently heard the man and fired In his direction. BotU bullets fired by the woman were found In the wall of the kitchen. Mrs. Rorschach, with her money tied In a roll and hanging around her neck, had run down the back steps. She was found lying with her head on the second step. The pistol had been fired close to her left breast. Three chambers were empty. Of these two were fired by Mrs. Rorschach and one by the burglar. Her money and Jewelry were untouched. Mrs. Rorschach was a handsome woman, about 36 years old and one of the most accomplished musicians In Virginia. Lieutenant Rorschach was formerly of Kansas, but was appointed to the navy from Virginia. 1 SPECIAL HONORS FOR TAFT Emperor William Is Planning I nnanal Conrteale for American Se retary of War. BERLIN, Sept. lO.-Emperor William, it Is stated, will make a special effort to give the American secretary of war, William H. Taft, a hearty reception and memorable entertainment during his sojourn here two months hence. Already the several officials who will have the arrangements In charge are holding conferences on the subject. The emperor will probably receive Mr. Taft at Potsdam castle. Laudatory articles regarding Mr. Taft are appealing In the newspapers. , SEATTLE, Wash., Sept 10. Secretary Taft was entertained yesterday with a breakfast and reception at the Vntversity club, a luncheon -by the JCIng County Re publican club, and a dinner given by A.. P. Sawyer, president of the Board of. Regents of the University of Washington and a score of Yale graduates. Th principal ad dress! of the day was made by the secre tary at a mass meeting In the Grand opera house. His subject was "Capital and Labor." Enroute to the opera house he received an ovation from thousands of people. AID SENT' HIS NATIVE TOWN Bequests of ' Nrlaoa Morris .Will Be Spent ' Improving; Alt Hechlngren. BERLIN, Sept 10. Advices state that. Alt Hechlngen, the little town where Nelson Morris, the packer of Chicago, was born, will benefit by the bequests the millionaire provided for his father, who still lives there. Hie father was a poor cattle dealer when his son left for America, but the son l In his prosperity liberally provided for his i parents, who spent much of tho money on public Improvements In Hechlngen and sur I rounding villages. The bequests left him j by his son will largely be spent In a simi lar manner. COURT FOR CAPTURED PRIZES Pence ' Conference Committee Asrrer on Tribunal and Fixe lum ber of Jnditrs. THE HAGUE, Sept. 40.-The commltteo of the peace conference to which the ques tion was submitted today approved by a I vote of 24to 2 the project providing for the establishment or a supreme tribunal to del with prizes captured at sea.- The tribunal will be composed of permanent Judges from the United States, Great Rrlt aln, Russia, Germany, Austria, Hungary, Italy, France and Japan, the smaller na tions having a Judge only for a number of years proportioned to the tonnage of their mercantile marine. ABDEL AZIZ MAY WIN YFT Moorish Saltan Appears to Have More Followers Tbaa Pretender o Throne. PARIS, Sept. 10. There are Indications that France and Spain feel that Sultan Abdel Axis has more followers than his brother, Mulal Haflg. Premier Clemenceau announced today that ho had been reliably Informed that Mulal Hang's popularity is already on the wane. The French govern ment assumes that the armistice between General Drude and the Moors has proved fruitless. DRIVERS RETURNING TO WORK! Meat Wasjoa Employes la New York ' Accept Terms and Re- k ame Labor. NEW YORK. Sept. 10-After being on strike for nineteen days the meat wagon drivers employed by the Wholesale Butch ers' Employers' association, have returned to work. The terms on which they go back are a sixty-five-hour working week, the wages they received before the strike and no discrimination for or against union or nonunion men; no competent man to be discharged to make room for strikers. Middles Asked ta Resign. ANNAPOLIS. Sept. H'.-8uperlntendent Badger of the Naval academy today notified M Idslnpmen Clarence C Rlner of Cheyenne, Wyo., and Oscar G. Salb of Jasper) Ind . that their resignations are desired by the Navy department. They are the two fourth class men who were charged with contin uous "trenching" from Hi academy limits at uisht. TWO-CENT FARE ACT INVALID Philadelphia Common Pleas Court Rales it Unconstitutional. FIGHT OF PENNSYLVANIA ROAD First State System to Attack Law and Salt Will Be Made Test la Higher Coart Fight Ahead. PHILADELPHIA. Sept. 19.-Jvidges Will son and Andenrted In common pleas court this forenoon declared unconstitutional the 2-cent tallroad faro law passed by the last legislature. The case upon which the de cision was made will b at once taken to the state supreme court. The 2-cent fare law was enacted by (he legislature as a result of agitation during Ihe last political campaign, all parties pledging themselves In favor of such legis lation. The railroads, led by the Pennsyl vania and Res'JIng, made a strong fight against the enactment, but both branches of the legislature passed the bill with prac tically an unanimous vote. The act was to go Into effect October 1. The Pennsylvania was the first to attack lis validity, bringing a suit In the local courts to restrain Iho county of Philadel phia from collecting fines for violation of its provisions. The hearing lasted nearly a week, and among the witnesses were President McCrea and several of the vice presidents of the Pennsylvania railroad The contention of the company was that the law was not constitutional, and that the 2-cent rate was fixed without any In vestigation on the part of the legislature as to whether the railroads could make a fair profit under the law, which the com pany asserts It cannot do. All other rail roads operating In Pennsylvania have also brought similar proceedings In various counties of the state, but no decisions have been rendered, as It Is understood that tho Pennsylvania suit will be made the test case In the higher court. Holds Rat I Unreasonable. The decision of the court covers 110 typewritten pages. After declaring that the "Pennsylvania Railroad company Is not vested with any lmmunlty( from the ex ercise of the power of legislature to regulate rates," the court takes up the contention of the company that the 2-cent rate Is un reasonable, susttalns the contention, and grants the Injunction asked for. The court holds that the act Is not to be denied enforcement on the ground that it extends to Interstate commerce and thus Infringes on the province of the federal laws. "The act," said the court, "Is to be re garded as Intended to apply only to that part of the passenger business of the rail roads over which the legislative power of state regulation extends. The conclusions are as follows: We find that although with respect to matters of form no valid objection to the law exists. Its operations so far as It re lates to the Pennsylvania Railroad company Is objectionable on constitutional grounds r or in following reasons: V B. reull4tlon ot the ratea of fares ... 1 " " ....... . .ci.r. on the lines constructed by the plaintiff under the act of April 13. 1846, between Har- rlsburg and Pittsburg, and Pittsburg and Erie the act violates an existing cntmct between the . plaintiff and . the common wealth and so contrivenes article I, Section 10, of the constitution of the United States. 2. As a regulation of the plaintiffs' in terstate passenger business In Its entirety the act under existing circumstances is un reasonable and confiscatory and by deprlv ing the plaintiff of its property without due process of law violates amendment 14 of the constltutltlon of the United States. A ,'An-f'nmnMM...v 3. Since the taking from the plaintiff of the profitable use of its property Invested In the Interstate passenger business may be prop f compensation Is made therefore the act i violates article i, section to or tne con' stitution or Pennsylvania. 4. Viewed as an alteration or revocation of the plaintiffs' franchise to establish and enforce over its lines such rates as (within the maximum fixed by the act of April 13, 1S46) Its president and directors may deem reasonable, the act violates ar- tlcle xvi, of the constitution of Pennslvanla , injured In Allegheny early today, when a because It establishes so low a maximum , . .., . . .... fare as to render the plaintiff a passenger lare automobile, bearing the party to the bu ilness unremuneratlve, but provides no city, skidded along the street In making a s!oned.n8aUOn fr IO" thereby occa" i turn and striking the street curb stone, We accordingly adjudge that the act threw the occupants against several tele cannot be enforced so far as concerns the i graph poles. Pennsylvania Railroad company and that j The vct,ms were removed to St. John's the county of Philadelphia should be re- , . ... . ,. . strained from demanding fines if the max- I General hospital, where It was said tout Imum which this act attempts to eslab- j Miss Helen Williams of Allegheny died l,lsh be disregarded by the plaintiffs. early today. When the automobile struck Today's decision applies only to the:tne curb thare wu, B coup, of repOI.,g county of Philadelphia. In order to have I ,fke pletol ,holgi an1 two policemen hur a declalon that will cover the state It Is ! rled t0 tno ,eene aml found tne occupanta the Intention of the Pennsylvania company , of the cari unconscious and bleeding, among to ask the supreme court to take action on ! tne wreckage. , today's decision before October 1, when the I low is ordered to take effect. JIDCE I.O(HHK IN STAN'DPATTKR I Refuse to Grant Application of Min nesota Railroads, ST. PAUL, Sept. lO.-In the hearing be fore Judge Iochren In the United States court today E. 8. Robert, attorney for the Northern Pacific Railway company, asked for leave to filo an amended petition In the fight of the rallroadss against the 2 cent fare and reduced freight rates enacted by the Minnesota legislature. He had .ad mitted that the states had a right to regu late interstate transportation, but argued that In a matter Involving also transporta tion beyond the confines of the state the , state's authority ceased. Judge Lochren heard Mr. Robert through and then In formed him he had no case, saying: j In my mind, most of the cases which have ! been cited on behalf of the complainants are distinguished from the bar. It Is fur ther a question in the mind of the court whether the interference n re complained of U sufficiently direct to make the order and the acts Invulid. I shall want tills point made more sufllctently clear than It has been. This blow to the attorneys for the rall loads resulted In a conference and a change i'f tactics and the request to file an amended petition, which was granted. The amended petition alleges confiscation. This had been pleaded in regard to passenger rates, but now the same Is alleged In re gard to commodity ratea. ILLEGAL . FENCER CAUGHT i Wealthy Booth Dakota Ktorkniaa Given Thirty Days la Jail and Fined Five Thousand. DEADWOOn. S. v.. Sept. 10. John R. White, a wealthy South Dakota stockman living near Oelrichs, was convicted in the federal court here of Illegal fencing of government lands and sentenced by Judge Garland to thirty days Imprisonment In the Pennington county Jail at Rapid City and to pay a fine of $uuO. COPPER DIVIDEND REDUCED t ut of Five Dollars a share la Calu met aad llerla I Aa aouaeed. BOSTON. Bept. 10 A reduction of $3 a share In th quarterly dividend of the Calu met It Heels Mining company was an nounced today. The directors declared a dividend of $16 a shar. agalost $2u three month ago. HARRIMAN ROAD PAYING UP Thirty-Six Pern Million Dollars Koea isylvanla for B. A U. StorVa. NEW YORK. B. pt. In.-The Vnlon Pacific railroad Is to make payment this week of IhA hulinffl nf tht I'M 3U Stf rill In the Pennsylvania railroad on account of the : Baltimore A Ohio stock purchase by the Harrlman road last fall. The Pennsylvania ' railroad. In anticipation of the receipt of j the money, today was offering large sums In time loans to run until November 1 next, j when the road will need the money for the I paying oft. of the $60,000,000 of notes which mature on that date, The fnlon Pacific's debt is In the shape of t'i per cent collateral trust notes of the Oregon Short IJne. These notes were se cured by the Baltimore & Ohio stock to pay off this debt and will require most of the money which the I'nlon Pacific will re celte tomorrow from the underwriting syn dicate, which will make final payment to the Vnlon Pacific for the $75,000,000 of con vertible bonds recently flouted by the road. The money will, of course, be put out airain. Some disturbance in the money mar ket was caused, however, by these transac tions and preparations for the New York City bond sale. Call money got as high as 6 per cent. In connection with tho paying off of the Oregon 8hort IJne notes It was pointed out that Mr. Harrlman, at the time of the an nouncement of the $75,000,000 convertible bond Issue, SHld that no part of the pro reeds of this bond Issue would be required to complete the payments on the various railroad stocks purchased by the I'nion Tacllic last fall, adding that those pur chases were already fully provided for. It was Indicated by Mr. Harrlman at that time that the Hill stocks then remaining in the I'nion Pacific treasury would fully cover the balance due on this Baltimore & Ohio stock. It Is generally understood, however, that all of the Hill stocks are still held by the Harrlman road. The violent declines In these stocks. It Is believed, prevented their sale In time to meet this obligation to the Pennsylvania company. TAFT VISITSF0RT LAWT0N Secretary Will Uo to Aberdeen Today and Sail for Manila Tomorrow. BATTLE. Wash., Sept. 10.-8ecretary Taft today visited Fort Lawton. As Secretary Taft entered the post in an automobile he was greeted by a salute of nineteen guns. A brief review of the troops of the Third Infantry followed. At the conclusion of the Inspection of the troops at Fort Lawton Secretary and Mrs. Taft were the guests of honor at a recep tion given at the residence of Colonel Wood bury, the commandant. It was after 11 o'clock when the reception ended and then the secretary and his party took their au tomobiles for a ride to the Golf club, where luncheon was served at 1 o'clock. At 7 o'clock tomorrow morning Secretary Taft, accompanied by former Governor John H. McGraw, Senator Samuel Piles, Representa tive Cushman and former Senator J. L. Wilson will leave 8eattle on a special train , ,v iiauu Will ICAV oriiui' UII Bje;iHi II i f r Aberdeen and Hnnlanulm Nn aiee ror AraMI' ana Honlaquim. No Seec ' en route are scheduled, but the aecreti hea ary may say a few words from the rear plat form of his car es occasion demands. At 2 o'clock the train will reach .Aber- deen, where cltixena generally, and the Young Men's Republican club In particular, will tender the secretary, a reception snd ! dmner. Tho train will leave Aberdeen for ! PBttle at 4 35 reaching this rttv at mid- ! , ' le " 4 , ' rearnln uns c,,y mld" 1 niBiil. J llursutiy noon occreiary ittll ana l",1" Par,y for tlle orlent on ,he ! H"' llner Minnesota, '. SKIDS AROUND CORNER One Woman Killed nnd Four Persona ' Herloasly Injured by Colli sion with Curb. PITTSBURG, Pa., Sept. 10. uno woman was killed and four other persons seriously iTWAIN REFUSES HIS CHANCE ,, ..... Declines Invitation t Attend Water ways Convention at Mem phis, Tenn. CHICAGO, Sept. 10. -A dispatch to the Tribune from Memphis, Tenn., says: Should Mark Twain accept the Invitation lo be present at the waterways convention In this city next month he may man the ' "room corn, nnseeu meai, nn xs "i a ana ouier pilot wheel of the steamer that will bear I r,ln. ' ti e state of Nebraska, charged President Roosevelt down the river. Cap- i "d maintained by the said Union Pa taln Blxby, a noted ante helium river ', r,"c Rallnad company upon the complaint pilot, under whom Mark Twain "cubbed." I I - . . , I . 1 1 . lias promised to be In the pilot house when Mark Twain shall take the pilot wheel. NEW YORK. Sept. JO.-Mark Twain will not pilot President Roosevelt's steamer down the Mliisisalppl when the president makes his southern and western trip. Mr. Clemens has declined the Invitation to ut tend the waterways convention In Memphis next month. DRl RAMACCIOTTI IS DEAD Noted Veterinarian Kuctaumb:i to Heart Failure la Adam Mor rell's Barber shop. ' Dr. Hugo L. Rn:nacclottl, city veterin arian and deputy state veterinarian, dltd of heart failure at 6:30 o'clock In Adam Morrrll's barber shop on Fifteenth street. He had been with some friends In Rob ertson's cigar store and had come to the shop to get shaved before going to the theater with his wife. He had scarcely seated himself, when he gave two long gasps and died. Mrs. Ramacciottl was at the same mo ment ready to leave her home with Dr. Scott, who t.as to drive her down town to meet her husband. WRECK OF RICHMOND FOUND Fisherman While Lifting; Nets t'oiurs Across Boat Lost oa Lake Krle. DUNKIRK, N. V.. Bept. lo. Gus Ormsby. a fisherman. While lifting his nets off Van Zuren Point in Lake Erie, discovered the wreck of the propeller lean Richmond, which was lost In a storm with all on board during a gale In October, 193. The Dean Richmond had a cargo of lead and copper valued at liuo.000 and vain attempts had been made by the under writers and by private enterprises to lo cate the bones of th treasure shin. ROADS CO TO COURT Railroad Commission Restrained From Lowering- Grain Rates. T. C. MUNGER ISSUES THE ORDER Hearing on the Application of Roads Set for September 23. j COMMISSION CAN TAEE EVIDENCE j No Ruling- Can Be Made, However, Pending Decision of Court. FIGHT ALL ALONG THE LINE Indications Itnllrnada Will Appeal t Coart Aralnst Any and Kvery Or der Rednrlna R ates- Citm mlsslon llendy to Fight. (From a Staff Correspondent.) LINCOLN, Sept. 10. (SVeelal.) While the railway commission was hearing evi dence from the Hurllngton In the mattr of the reduction of grain rates, the mem bers were each served with a restrain ing order from the federal court. This restraining order, which is temporary, provides that the commission cannot notify the various railroads Interested to put In a rate schedule on grain. Tho hearing Is set for September 23 In Omalui. Vnder the order the commission may proceed and take evidence In the case, but should It decide to make formal Its tentative schedule It would be unable to make the same effective. However, th Union Pacific case will be called tomor row as planned and a record made, though no testimony will be taken. The railroad attorney swooped down on the federal court early this morning while the railway commission awaited their coming, and asked orally for an Injunction against the commission to re otraln It from putting Into effect Its pro posed low rate schedule. Judge Munger promised ' an answer nt 11 o'clock and the lawyers then proceeded to the statu houso and began giving testimony. At the noon hour the railroad representa tives again called on Judge T. C. Man ger and asked for the order, which th.-y got, after Judge Munger had consulted with Judge W. H. Munger of Omaha. It was late this afternoon when James Kelby for the Burlington informed the commission officially that the restraining order had been Issued. "We hnve been driven to this," he ald. "We have askod for a hearing and It lias been denied us. We did not want to go Into the court, but as a last resort we were compelled to." "It didn't take much to Btart you," said Attorney Aldrich, who has been retained to assist th commission during thl hearing. "Give us a chance to make a showing," added Kelby. "Go right ahead now," said Aldrich, "now Is your chance." "Yes, but we have sworn that we ned ninety days in which to prepare Io a hearing. -We cannot perjure ourselves," r- Dlcd Kelby. Her.ator Aldrich got It Into the' records j'of tjp commlslnn this morning that the ; i,PrinB. WMs merely for the purpose of see whether the present ratea are too high, . ...... . . ,. ..-, ! Mr. Aldrich has put quite a different Inter- preatlon on the law than that of ,the com mission. He holds that It was not necea sary for the commission to get up a schedule of rates but merely to notify I ha railroads that a hearing would be had and ! the present ratea Investigated to sec If they are too high. Then after tho hearing It would be up to the commission to make rate. The way the commission has pro ceeded would make It easy for the railroads to secure an injunction but If It was of record that the hearing was merely ait Investigation, no Injunction could Issue. Senator Aldrich said there was absolutely no grounds for the Issuance of a restrain ing order Inasmuch as the records show this hearing Is for the purpose of investi gating the present rates and that the com mission had no Intention of doing Irrepara ble Injury to the railroads. Text of the Order. And upon application of the said com plainant and upan consldoratlon of the bill of complaint duly verified, and It appearing to the court that the necessity therefor exists; itls ordered that the said defend ants. Hudson J. Wlnnett, J. A. Williams and Henry T. Clarke. Jr., constituting the Nebraska State Hallway commission, anil each of them, be and they, and each of thi'm hereby are res'rs'T-l -d e-1 tned until the hearing and final determlnatloa of the said application for a temj.oi in y in junction herein from inHillng to the I nlon Puclfic Railroad cjmpnny any copies or copy of any order reducing the rates for the rtansportation of corn, wheat, broom corn, linseed meal, flaxseed and othi-r grain. and from tn any manner giving any notice to the said Union Pacific Railroad company of anv order of said board reducing th rates for the transportation of corn, wheat. aforesaid giving bond In the sum of $10,- 1 ,au , u. . 1 , 1 . , , I .. . - ... ,--,,v-r -pii it i iiivfu Mtr.Turill IIH lu iw lu in approved by the clerk of this court. C. E. Spens, assistant freight agent of the Burlington, and Assistant OenertI Traffic Manager Crosby of the same road made a showing In an attempt to show that Nebraska grain rates were not too high. They claimed Omaha Is not a pri mary market, but merely a resting place for grain going east, . and that the prl e of grain paid there Is based on the east ern markets. To lower the rates they claimed would not help the producer at all, but Instead would depilve him of th competition from other markets. The rates from several towns to Oniulia and Kansas City were quoted to show that the producer had the best of It under tho present rates. Locul rates In Ioa should not be compured with the Ne braska rates, they contended. Fight All A Ion the Line. The railroads of Nebraska are .going ta fight to a finish every order of thn rail way commission tending to lower freight rates or In any wsy Interfering with tha roads. There will be no appeals to the sympathy of the people, but a straight out-und-out fight In the courts. Kvery order will be contested. This was tlio sentiment expressed by a railroad nun, here this morning. The light started with the application of the ullled railroads for an Injunction jiKalnst the commission this morning. All of the railroads In 'Uo stute are In the combine and whst on s does all will sauctlun. Even the Northwestern.- the "only good railroad," Is lu the gaino and will light along with tho others. On the other hand the commission ex pressed Itself as being through with tem porizing and from now on will Issu orders snd have them obeyed. Tin, soma one is shortly to Le arretted there seeins not the least doubt. Thl scsnnot be done, of course, until the commission Issues an order, but In tb very near fulur om ordur Is going t ) Wued