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
