)
Omaha Daily
C:.! 13 DAYSFcr
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Only 13 DAYSFcr
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'. VOL. XXXVII NO. 150.
OMAHA, TUESDAY MORNING, DECEMBER 10, 1907 TEN PAGES.
SINGLE COPY TWO CENTS.
Bee
II H H R
V. -ie.Ae-
f
IN JAIL
Three Arrest Grow Out of Looting
. Trico Trust Company.
PRESIDENT AT SANTA BARBARA
'David F. Walker Arrested There and
is Coming Back Under Guard.
BONDS ABE riXED AT $75,000
Vice President Brown and Director
Barnell Locked Up.
MONEY SITUATION UNAFFECTED
CI eel a a; ( Treat Company Hu No
Z,aTet Ypea Other lastltetlene
Hew Depositors Moaey
Wu Spent.
SAN FRANCISCO, Ofcl . Dec. . James
Delsell Brown, vie president and general
manager of the California Safe Deposit
and Trust comrtnjr, haa been joined In
JsJl by W. J. Bartnett, director of the de
funct concern and originator of many
costly ventures, which brought ruin to tha
trust company. Tha two men are now
' prtsoaara at the city prison. At the same
. time, president David F. Walker of the
t wrecked bank la under arrest at Santa
Barbara and will ba brought back to Ban
Francisco under guard. All three men. are
charged with the embezzling of stocks and
bonds ef the Cotton estate.
Accompanied by his wife and two pollce
. men, Bartnett was brooght over from his
' home on Bllvas Island Off the Marin shore
this morning, and was taken Immediately
to tha city prison. He applied to Judge
Dunne for a reduction of his ball from
S200.00S to ..60, (MX but his request was de
nted. Ha is still in jail, as Is also J. Pal
sell Brown, who was arrested last night
and baa been unable a get $200,000 ball.
Tha warrant for Walker's arrest was
Issued thla morning on the complaint o(
Crittenden Thornton, the attorney for the
Cotton estate, who mads the charges
against Bartnett and Brown. A telegram
authorising the arrest of Walker was sent
to Santa Barbara and he waa soon in
oustody. His ball has also been fixed at
A meeting of tha depositors of tha Cal
ifornia Safe Deposit and Trust company
will ba held 'this evening. General U. S.
Webb announced this morning that all the
stockholders of the defunct bank would
bo Joined as defendants In the suit for the
appointment of a receiver and that they
will be held for tha debts of the bank.
The looting of the bank has nothir.,'
whatever to do with the financial situa
tion. Thla afternoon Judge Dunne decided to
reduce the bail in tha eases of Brown and
Bartaatt to 175,000 each. It is understood
tha bond will bo given for this by a surety
oonrpany.
Depositors Loot No Tlaao.
Through, the activity of the depositors'
committee of too defunct California Safe
Depeett an 4 Trust company tha develop
- naeuta sX f esterdf wisre mad possible
within few hours after the real work of
arimlnai prosecution began.
Tha committee determined on Saturday
afternoon to proceed immediately with an
tawstlgatlon of the affairs of the Fillmore
street branch of the California Safe Deposit
and Trust company, looking toward tha
arrest of the officers for embezzlement.
Thereupon Guatav Cheveuvus, accountant
of tha Fillmore street branch, was ex
amined at considerable length and his
examination continued yesterday evening.
The testimony ef Teller a:bbe of the same
branch was taken and the committee
brought to light a startling series of reck
less transactions which ths attorneys brand
as mlsderr. -aaora and embezzlement.
Absorb All Cash In Branch.
According to a statement Issued In the
evening by the committee and the at
torneys, ths officers of the bank took prac
tically all the money deposited at the Kill
more street branch and loaned it to stock
holders in large sums, to themselves and
to mythical companies. ,
It was Intended to cause the arrest of
officials for these acts, but later tn the day,
upon advice of Francis J. Heney, the minor
charges were dropped for that of felony
embezzlement in connection with the mis
appropriation of funds of the Colston
estate.
A result of ths committee's work. J.
Dslxell Brown was arrested last night, a
warrant was Issued for ths arrest of
Walter J. Bartnett on a charge of felony
embezzlement, and a Flnkerton detective
waa dispatched to Ban Mateo to the home
of David F. Walker, president of the bank,
with Instructions to stay thera day and
night and to keep him under surveillance
until the committee gave him further In
st ruction A
ITIs departure from there led to his sub
sequent capture and arrest at Bxnta
Barbara. W. J. Bartnett was arrested at
his home tn Marin county last night and
waa held in oustody there until today.
Brown, who was arrested earlier tn the
Bay In this city, was locked up In Jail.
Walker Denies Charges.
SANTA BARBARA. Cal . Dec. I.-Presl-(snt
D. F. Walker of the California De
posit and Trust company, was arrested at
the Potter hotel by Policeman Rosa at
11:30 today. Ross went to 'President
Walker's room and waa refused admittance
by Mrs. Walker, who said that her hus
band was nut la to aay one. The officer
ntered, however, and placed Walker under
arrest. Mrs. Walker faulted. At the police
station, where President Walker was taken,
so made the' following statement:
"Tills Is a great surprise to me. and I
cannot quite understand the sudden turn of
tffrflre. I am Innocent of any wrong doing
to this matter, and rame to Santa Barbara
tome days ago upon the advk-e of pliyst-
rtans sr.d attorneys, because the affaire of
the bank were weighing heavily upoorae.
"To show he confidence I had in I Us In
stitution I will say that I continued to
make private d.-posHs up tn two days be
fore the crash, and 1 left without a, dollar
except what la now on deposit in the bank.
( Have SiJ."X there and besljss am a
heavy stockholder In the Institution. I
h-ll return to San Francisco as soon aa
aoaslhle and may arrange to go tonight."
BKAtU JIHT WILL M 1KB REPORT
Iatpa4r4 Jeeklas ssa WIlIUsaaharR
Trail reoapaalea Vnder Fire.
NEW TCIUC &rc. S-The Brooklyn
rrand Jury which last week Investigated
lie affairs of the suspended Jenkins and
AlllUmsburg Trust companies a ill make a
teport today and It is expected that sev
iral Indictments will be handed do a.
fhen the Jury will take up the affairs of
be Bruvklyn bank n J the International
trust eouj-aay.
BAMERS
SUMMARY OF TOE BEE
Taeaasr, December IO, 10OT.
1007 December 1007
US SKa TBI. wtO T
I 2 3 4 5 6f 7
8 9 10 II 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 " ' X
tax wtima.
Forecast till T p. m. Tuesday:
For Omaha, Council Bluffs and Vicinity
Fair Tneeday.
For Nebraska Fair and rising tempera
ture Tueertay.
For Iowa Tuesday fair, with colder tn
eext and warmer In extreme weat portions;
hlirh northwest winds.
Temperature et (hih yesterday:
ilour. Dee;.
W
87
!
33
an
, 28
IS
29
ts
ss
, M
:::::::::::
27
DOaTZSTia
Kansas City men will buy the. Stock
Yards Bank of Commerce from the re
ceiver of the National Bank of Commerce
rage 1
President D. F. Walker of the California
Safe Deposit and Trust company was
arrested in Santa Barbara on a charge of
irregularity in connection with the com
pany Tags 1
Owners of the mines at Monongah claim
the death list will not be as large as
estimated, while the men assert this is
untrue. lagw 1
Governor Hughes has not engaged
rooms at the Auditorium hotol for the
convention as reported. rags 1
Admiral Evans take place on the Uaa
shlp of the Pacific fleet and active pre
parations for voyage begin. rage X
Three brothers are drowned at at
Tama. Ia. rage 1
Prominent attorney of Minneapolis asks
for the impeaohment of the supreme court
of Minnesota. Page I
Rebating cases against the packers are
advanced in United States supreme oourt
on request of government. agw 1
Cotton shortage grows according to
lateat reports of government. Vago 1
Oklahoma representative Introduces bill
for Initiative and referendum In United
Htates. 3
Testimony given in the Haywood trial
will In part be accepted by stipulation in
the Pettbone case. Fage 1
Posse of citizens kills two robbers at
Wlnlock, Wash. Fage 1
Wharton Golden testifies that his con
science and not a money payment prompt
his testimony In ths Powers case. Fare 1
Senator Tillman introduces resolutions
in the senate aeklng for an Investigation
of the acta of Secretary Cortelyou tn Is
suing bonds and certificates and also
Inquiring Into the legality ef clearing
house checks.' ! - ' '" Pntfs a
Former Supervisor Gallagher, ono of the
prosecution's most Important witnesses
In the bribery cases In Baa Francisco, d.s
appears. Fat's 1
FOMIOSr.
Mrs. Taft haa narrow escape in severe
storm' while being transferred from
tender Holland to the President Grant.
Fags 1
The aecretary of the admiralty defends
the position of the government on the
shorter life of battleships before the
budget committee of the relchstag. Fage 1
The funeral of King Oscar will be de
layed for two weeks by necessary prepara
tions. ( 1
Governor Sheldon listens to final plea
of Harrison Clarke for commutation f
bis sentence. Fage 3
LOCAL.
R. J. Dunham, personal repreaentative
of J. Ogden Armour, heads the Union
Stock Tarda company, succeeding Gen
eral Charlea F. Manderson, who acrvod
unexpired term of the late W. A. Paxton,
The rearrangement of directors on stock
yard company board. Fage 1
Grain pours into the Omaha market af
ter two weeks of unusual quiet, while
buying on the floor of the grain exchange
ia spirited and forty-two cars are sold In
ons day. Railroads have cars released
during the flurry and are In good position
to handle shipments.
Thieves managed to move five tons uf
brick and stone In a vain effort to secure
contents of conerstone of St. Philomena's
cathedral at Ninth and Harney slrtots,
the stone containing little of value ex
cept to the church.
Ex-Mayor "Jim" Heed of Kansas City
"handed It" to some executive officer of
the people who wears spj and has been
a cowboy at some time In his Ufa, whon
ad'lrdsslng the deuiMbrats at Dahlman
banquet. Fage 10
COKMSBGXAA AJTS ZsTOVITaUAX.
Live stock markets lage 7
Grain markets. Fage T
Stocks and bonds. Fage T
KOTZMEsTTl or OCZAX? RTEAsCSaTXPO.
Port. Arrived. amll4.
NEW TOR It La Twtlnt .... Pvttsooia.
NKW YOKK Cretlc
NEW VOHK .... Aauikl ...
.li YORK PtUladaipMe
NKkV YKK Luiuuila ...
NSW Y'lHK Btavoma ....
Kit YORK Km
Sol THAMRTON M York .
fat EKNitTUW'K .
ki.niUJ
UVtRxHXlL ....
... Giuta.
Lscsata.
California. 1
COUrTTS IMPEACHMENT ASKED
Attorney Franete R. Hart at Hlaa.
a yolls taeetlaas Decisions of
aasresae Trlkaaal.
ST. PAl'U Minn.. Dec. t-Ths Pioneer
Press today publlahed a letter sent, by
Franoia B. Hart, a prominent Minneapolis
attorney, to Governor Johnson, asking the
governor to Institute sn Inquiry as to
whether certain declHloaa made by the su
preme fourt of Minnesota, during the last
six years were right, and if not right, ask
ing that Impeachment proceedings be Insti
tuted against the court. Mr. Hart cltea
three specific cases among the decisions
made therein by the supreme court.
LAST BATTLESHIP 1 DEPARTS
Ml. -t. gnu frM Navy Vara at
. . New Yarlc ' far Haaap.
ton Roads.
NrTW TORK. IVc. -The lust of the
battleshlpa wiik-h have been bare fitting
out for the cruiae to the Paclnc. left port
today when the Minnesota aalle4 from the
nary yard for tha rendezvous at Ilamptua
r&iinn is ! m-
rtw j L .-1 ' m-
g-L VJ 10 a.m.
. " "b"- 3s I' m-
I V. v 2 p. m.
1 i ir" p" m"
SJ ("' . V 5 p. m.
Ojaf ex' r g p. m.
1 p. m.
MRS. TAFT'S NARROW ESCAPE
Tossed About In Bndderlesi Tender
Dunns' Gale.
rJOONENT DANGER OF DROWNING
temaaev Freolaeat Grant Behind
Scheaale Tlsac Beraast of fttorna
avatel tbo Unta.ll Boat la
AJIaaoet Caaatsee ,
OX BOARD STEAMER PRESIDENT
GRANT. IN THE ENGLISH CHAN
NIX, Dec. I (By Wlreieos Telegraphy to
London.) Mrs. Taft, wife of the American
secretary of war. Joined her husband on
board this steamer early this morning at
Boulogne. On the trip out on a harbor
tender the party had an exceedingly nar
row escape from wreck and disaster.
Mrs. Taft and Mrs. George Post Wheeler,
wife of the second secretary of tha. Ameri
can embassy at Toklo, and the other pas
sengers for the Preeldent Grant, boarded
the tender Holland last night within ths
harbor works at Boulogne. Very heavy
seas were running outside and this de
layed the departure of the tender, but at
1:30 o'clock this morning, it being supposed
that the President Grant wa inside the
breakwater, tha Holland started out to
take the passengers alon guide. Soon after
leaving it was discovered that the Presi
dent Grant had not come Inside. The Hol
land got caught In the heavy seas. A
giant wave broke Its rudder and the email
tender drifted helplesnly In the darkness.
It was tossed about on the waves like a
cork and rolled almost on Its beam enda
There was danger of capsizing or of being
dashed upon the rocks.
The passengers were thrown about tn
every direction. Mrs. Taft and Mra
Wheeler were crouching tn the captain's
cabin when some fixtures above them came
down with a crash. Fortunatelr they were
not injured. Near the lighthouse the Hol
land managed to get a grip with an anchor
and this Improved the situation Repairs
were hurriedly made. The President Grant
cam In at o'clock and the passengers
from the tender were transferred without
further incident
Among those who cams off on the Hol
land were M. Rischmann, sub-prefect of
Boulogne, who greeted Secretary Taft In
the name of France. The sub-prefect ex
pressed his regret at the ill-timed start of
the Holland.
Secretary Taft made an appropriate
reply, expressing his deep appreciation of
the consideration of tha French govern
ment and reeretlng that the change of
plans made It necessary for him to aban
don bis proposed visit to Parie.
The President Grant is eight hours be
hind Its schedule because of tha storm.
After taking on the Boulogne passengers,
Ue steamer sailed for Plj-mouth.
KROONLAND'S SHAFT BROKEN
Real Star Steaaaer, Disabled, Farced to
Rrtira to Liverpool for
Repairs.
PLYMOUTH. Eng.. Dec . The steamer
Kron Prinz WUherm received a wireless
telegram today from the Red Star Line
steamer Kroonlaad, saying that this yesset
had Broken its shaft, at a point to tha wt-
ward Of the Lizard, during; a heavy gale.
The Kron Prinz Wllhelm arrived here at
t:4 this morning from New Tork. The
Kroonland, Captain Doxrud. left Antwerp,
December 7. for New Tork.
NEW YORK. Dec 9. A message to the
New Tork offices of the .Red Star line,
which had been forwarded through the
steamer Kron Prinz Wllhelm from Ply
mouth, stated that . the . Kroonland had
broken one of her twin propeller shafts
when 442 miles out from Antwerp bound
to New York. Captain Doxrud of the
Kroonland, In a wireless message, stated
that he waa at the time he telegraphed
six miles from the Sdlly islands and was
proceeding to Liverpool with one propeller.
It was thought at the New York offices
that the Kroonland would reach Liverpool
by tonight or early tomorrow morning.
It carried forty-five cabin, second cabin
and 6M steerage passengers. These pas
sengers, it waa stated at the offices, will
be transferred to the White Star line
steamer Majestic, which will sail from
IJverpool on Wednesday.
FUNERAL OF KING DELAYED
Two 'Weeks Will Be Necessary
Complete Arraaceswata for
Oboeejalea.
to
STOCKHOLM, Dec . The body of
King Oscar of Sweden, who died hero yes
terday morning, haa been embalmed. The
necessary arrangements for the funeral
will probably neceealtate delaying this
ceremony for a fortnight. Queen Victoria,
wife of King Guetare, arrived here this
morning. . .
WASHINGTON, Dec k The president
today sent a telegram of condolence, ad
dressed to the new king at Stockholm, as
follows:
I deeply sympathize with your majesty
and with the people of Sweden in the loss
of sn honored father and a venerated
sovereign.
(Signed.) THEODORE ROOSEVELT.
KAISER WILL SEE THE SIGHTS
Haa Ceaapleteel Rest Cera and Haa
Corns to Leadosi for Three
Days.
LONDON. Dec . Emperor William of
Germany, who haa completed his reat
cure" at High Cllffe castle, arrived la
London today for three days of sight
seeing. He lunched with King Edward
at Buckingham palace at noon, and later
took up his residence at tha German em
bassy, where h will stay until Wednes
day. The emperor looks to be tn splendid
health. On Wednesday Emperor William
will leave hero for home. It Is kla In
tention to visit Queen Wllhelmlna In Hol
land on his way back to Potsdam.
Zala Klasl - Ssurreaidera.
PIETERMARITZBURG, Natal. Dec I.
Dlnllulu. the Zulu king, who has been held
responsible for the threatening situation In
Natal, has surrendered. A magistrate had
been sent out from here with a warrant
for his arrest and preparations made to
proceed against him with an armed force
If he did not come in.
Valtea State SHU BsrUf.
LONDON, Dec k The United States
secured the bulk of the P.ao.noo tn gold In
the open market today at 77a 10d, a re
duction of d- .
Telearrapk Service tm Alaska,
WASHINGTON, D. C. Dec. 1-Plans
have been approved by the aecretary of war
for rebuilding telegraph wtrea on the
Yukon river, construction of a second wire
between Fairbanks and Valdea and la eao.
tlona of wireless telegraph line and Im
provement and avtonslonai to the cable Enes.
VALUE OF RAILROAD PROPERTY
Cart C Witt Appelate by floaih Da
kota RaAlrav4 Cwaawilsaloai ,
ta Make Appraisal.
SIOUX FALLS, & D., Deo. . (Special.)
Carl C. Witt, who at tha regular No
vember meeting of the South Dakota Board
of Railroad Commissioners waa appointed
to the position of expert engineer to gather
the neceeeary data which will enable rail
road coin m las toners- to snake an appraise
ment of all the railroad property In South
Dakota, this week assumed the duties of
his new poKltlon and has commenced the
work of gathering the data required.
He will make his headquarters In Sioux
Falls. The appraisement will be made in
accordance with an act of the legislature
during its eeasipn last winter. Mr. Witt
will travel over evry mile of railway In
the state before his work is completed. He
will make Journeys with a locomotive and
a caboose or ono roach, and also on hand
cars should occasion demand, so that he
may be able to personally Inspect every
mile of the roadbeds.
He will have the assistance of men who
are experts in the erection of railroad
buildings, the condition of ties and rails
and every ether sort and style of railroad
property,-so that a thorough Inspection of
every particle of railroad property 1st South
Dakota will be madfe. The purpose of mak
ing the appraisement fs to secure the data
which will enable the railroad commission
era to tn future act more IntelllgenUy when
the matter of proposed reductions in freight
rates In South Dakota comes before the
board for adjustment.
The expense of the work will depend
upon how thoroughly the legislature wants
it done. The last legislature appropriated
f lO.ooo for the making of the appraisement.
Thla may fall far short of what will be
necessary to make the appraisement thor
ough and complete.
It Is stated that to complete a similar
appraisement in the state of Minnesota
cost that state the sum ef t'JO.OOQ.
STOCK YARDS BANK RESUMES
Kauiaas City Breach ef National Bank
ef Coaasneree Will Be Boaght
ef Receiver.
KANSAS CITY. Dec a Arrangements
had praoticaily been Completed today for
the reopening tomorrow of the Stock
Yards Bank of Commerce, deposits $20,000.
which failed last week following the clos
ing of the National Bank of Commerce.
The Institution w'.ll be bought outright
from the receiver of tbo National Bank of
Commerce. This will be the second bank
to have resumed, since the flurry last week.
The directors of the National Bank of
Commerce are working hard on a plan for
the reorganization of that bank and hope
to make a sufficiently good showing to
gain the permission of Receiver Bradley .to
reopen.
An lnctdent of self-sacrifloe connected
with the failure of the National Bank of
Con.merce has Just com to light, William
A. Rule, for many years cashier of the
bank, it develops, tnortrged his magnifi
cent home in the south stde to pay cer
tain Individual notes gtvsn by hlru to pay
for bank stock. Some time ago the direct,
ors urged that Mr. Rule should personally
own more stock than hs than held in ths
bank. -Ha was aiabl. pay-eesb for ft
and borrowed the moeerv outside "the bank,
giving his personal notes therefore. These
notes would not have fallen due, for some
time yet, but to protect the holder bt
them Mr. Rule mortgaged hla home on the
day before the failure and took them up.
ADMIRAL EVANS CN FLAGSHIP
Comaaaadlas; Officer of Paelfle Fleet
Cosasaeaees Active Prepara
tions for Departare.
NORFOLK, Va., Dec . Rear Admiral
Evans, commanding the Pacific-bound
Atlantic fleet, now renduzvouslng In
Hampton Roads preparatory to the voy
age to San Francisco, arrived at Old Point
Comfort today from Washington and
boarding his flajahip, ' the Connecticut,
immediately began final arrangements for
the departure of the feat a week from
today.
Fourteen of the sixteen battleships
composing the fluet are bow In Hampton
Roads as are also the fleet tender Yank
ton and numerous colliers and supply
ships. The last of the vessels to arrive
was the Maine.
The battleships are the Louisiana, New,
Jersey, Virginia, Georgia, Illinois. Alaba
ma, Ohio, Kearsarge, Kansas, Missouri,
Connecticut, Vermont, Rhode Island and
the Maine. The Minnesota and Kentucky
are yet to arrive.
The collier Abarenda has preceded the
fleet south with coail. There were
scenes of activity about ths fleet today.
The crews of many of the battleships
were engaged filling bunkers with
"picked coal while others were engaged
in loading supplemental magazine stores
sent from the St. Jullens magazine here,
Uiese Including hundreds of tons of pio
Jeclllee and ether explosives.
TESTIMONY BY STIPULATION
Fettlbeae Trial Will Be Greatly
Shortened by Thle Method
ml Evidence.
BOISE, Idaho, Dec. .-Ry agreement of
attorneys for the state and defense In the
Pettlbone case today, the trial was con
tinued until tomorrow morning, when the
opening statement for the prosecution will
be made by James B. Hawley. .
The postponement was a freed to par
tially because Senator Borah cannot reaoh
the city uatil tonight, and partially that a
stipulation between the state and defense
ss to certain evidence may be drawn. This
stipulation will provide that the testimony
on tha explosion In the Bradley residence
at Ban Francisco, given at the Haywood
trial, shall be admitted as evidence In the
Pettlbone trial, and it is understood that
the testimony of a number of Colorado
wltneases will also be covered in the stipu
lation. By this procedure the trial will bo
greatly shortened and the state spared the
expense of bringing witnesses from other
states.
TICKETS INTO UNITED STATES
Passenger steaaaer Aaserlkai Ea-
raarea la SwtaallnsJ Bekesae
I'sea Easta-mata.
NEW YORK, Dec S The sale of tickets
of admission to tha United States Is ths
latest form of swindle discovered by the
Immigration authorities. A male passen
ger on tha liner Amertka sold more than
forty of them to the eteerage pataengers
on the ahl which arrived yesterday, re
ceiving not less than tl a piece for them.
With these tickets, the unmlgrsnts were
told they could, enter the country without
difficulty. T5e snip's offloers discovered
the swindle and compelled the return ef
the money. The man nroeably will be
prosecuted.
KINKAID REGISTERS RICK
Objects to Construction Placed on His
Homestead Bill by Department.
ACTION TOO LONO DELAYED
Interior Departaacat May Tara Down
Hevwaaaneaaatlaa te DUeastlsse
Laa Ofl res at O'Xetll eaa
Brake Bow,
(From a Staff Corressondent)
WASHINGTON, Dec S.-(8peclal Tele
gram.) The so-called Klnkaid homestead
bill, which brought comfort to hundreds
of Intending settlers In the western Ne
braska district and which has largely been
taken advantage of by farmers In that
section, hss had a series of upa and downs
tn the land office, which Its author. Moses
P. Klnkaid. proposes, to rectify If It ts in
his power. Since the passage of the Kln
kaid act he has watched its effects and
noted Its drawbacks. It was undoubtedly
the best bill that could be passed at the
time, according to members of the public
land committee, and It Is doubted If such
k measure could have been passed In any
congress since the Fifty-ninth, and the pos
sibility of Its passage In the congress now
In session ts extremely questioned. How
ever, tt ts a law and the measure of good
It has accomplished ts testified to by the
large number of entries that have been
made under Its provisions. Notwithstanding-
It Is a law, the land office has been
extremely pertinacious In its Interpreta
tion of features of the Klnksid act to the
extent that many entries that have been
made on lands In the territory affected by
the act have been held up until Intending
settlers have grown tired of waiting upon
action by the department and have aban
doned thetr entries completely. In fact, by
Its masterly Inactivity, tha land office, hav
ing presumably more vital things at hand,
has made It necessary that the representa
tives from the Sixth district bring It be
fore the attention of the land officials.
Today Judge Klnkaid had a long confer
ence with Commissioner Bellinger of the
general land office In relation to the opera
tion of certain featurea of the bill which
gives Intending settlers the right to enter
upon lands over and above the 160 acres
prescribed under tha general homestead
law. He brought to the attention of Mr.
Balllnger that the aot, which was Intended
to be In the nature of a large relief for
the honest settler, was being choked to
death In the general land office because
of the failure to administer the law prop
erly, and especially so In relation to the
purchase of Isolated tracts surrounding
lands entered upon by the homesteader.
It was Mr. Klnkald's contention that the
application for these purchases should be
passed upon In due season by the depart
ment, but Instead applications have been
allowed to grow musty In the department
and so far as any action of officials show
have been entirely, forgotten.
Judge Klnkaid. who knows every foot of
the Sixth district and who ia In compile
harmony with Ms constituents, zees tha
necessity of Increasing the size of Isolated
tracts which may be purchased by home
steaders from a quarter section, which la
now- the law, to three-yjuarterr, and. tie
proposes to make a fight along- these ttnes
In order to make his bill still more effective.
He also urged upon Commissioner Bal
llnger that the ruling of the general land
office relative to entry of old soldiers upon
lands In ths Sixth district included under
the provisions of the Klnkaid act should
be resumed and that the right of entry
should be given the old soldier the second
time If In the first Instance, by reason of a
misunderstanding, hla first entry was not
satisfactory to the department. He urged
the resumption of the former ruling. Judge
Klnkaid pointed out In his Interview with
the commissioner today that other states
In the arid or seml-ard belt were movng
for laws like that of the Kinkaid act, only
that they Insisted upon a larger acreage
upon which entry could be made by the
Intending homeeeeker than under his bill,
which to hlra showed the trend of the west
ern mind upon these very Important land
questions.
"The Interview was entirely satisfactory,"
said Judge Klnkaid. "and I have every
reason to believe that a more liberal con
struction will be made upon the law than
has characterized the department's position
In the .last few months."
Objects to Closing; Land OtRees.
Being upon the subject of land matters
at the Interior department the represen
tative from O'Neill saw Secretary Garfield
in relation to the discontinuance of the
Broken Bow and O'Neill land offices,
former Chief Clerk Macey of the land
office, and now an Inspector of the In
terior department, after a visit to the
offices above named, having recommended
their discontinuance. Congressman Kln
kaid Insisted to .the secretary that both
the land offices In question were paying
their own way and that within a year and
a half the first section of entrymen under
the Klnkaid act will be ready for settle
ment and that will give the officee a
largely increased amount of work to do
for a long time to come. Secretary Garfield
promlaed that no action would be taken
until those Interested had a chanoe to be
heard.
On Thursday Judge Klnkaid will intro
duce a bill granting 240 acres from the
Fort Niobrara reservation to the town of
Valentine for reservoir and water works
purposes.
LANDLORDS ARE ARRESTED
Proprietors ef Twea ty-KTIae Hotels In
Ckleao Aeeeae of Violating
"aaday Law.
CHICAGO, Dee. . Warrants were tseue.1
today by Municipal Judge Sadler for the
keepers of twenty-nine large hotels, charg
ing them with violation of the 8unday
closing law.
The warrants wsro sworn out by Daniel
L Crulce, an attorney, who promised
thorough prosecution tn every case. Among
the hotels named tn the warrants are the
Palmer house. Auditorium anncz. Lexing
ton. Victoria, Wellington, ehennan. Grand
Pacific. Metro pole. Stratford. Saratoga and
the Morrison.
WATERWAYS REPORT SOON DUE
Deeasneat ea Which Preepeetlve Legf
Ulaf tea Will Be Fee a dee la
Preparation.
WASHINGTON. Dec. 1 The forthcoming
report of the Inland Waterways commis
sion to the president was discussed today
by the members of that body. Soma prog
ress was mads toward completion, but there
is yet to be done considerable work before
the report will be In shape for presentation.
Upon It is to be based legislation that will
empower the commission to carry out tha
plans for whose fulfillment the body Waa
created.
HARRIMAN WANTS NO DELAY!
His Attorneys Are laiisai tm Fash
Illlaels Central Fight
tm Km.
CHICAOO. Dec . On the eve of the final
clash for control of the Illinois Central
rallmad President Harahan expressed con
fidence yesterday.
Today the attorneys representing the
Harriman-Harahan Interests will appear
before Judge Ball and ask that the earliest
possible date can be fixed for the hearing
of arguments on the temporary injunction
Issued by Judge Ball, which caused the
adjourned meeting of the stockholders,
and on the result of which, control of the
road apparantly hinges.
"We expect that an almost Immediate
hearing will be granted." said President
Harahan. "and that the subject will be out
of the way when the adjourned meeting
Is called on December 18."
It ts beHeved that Wednesday will be
fixed as the date for hearing of the motion
to dissolve the Injunction. Attorney R. M
Shaw will represent the Harrlman forces,
and Attorney II. W. Leman will appear for
the Fish faction.
If the case la decided before December
IS that date will probably determine the
control of the railroad.
Judge Bait In the superior court today
set Thursday of this week as the time for
the hearing of arguments for and against
the dissolution of the injunction obtained
by Stuyveeant Fish restraining the voting
at the annual meeting. December IS, of
SI, 31 sharea of Illinois Central stock held
by the Union Pacific Railroad company.
Counsel on both sides agreed to this data
BODIES MAY NOT BE FOUND
Re era ere mt Meaena-ak Se Far Have
Breach t Oat Only Fifty
Three Bed lea.
MONONOAH. W. Va., Dee. t.-Slxty
hours after a terrific explosion of black
damp wrecked mines Nos. S and S of the
Fairmont Coal company at thla place last
Friday morning, fifty-three bodies, or only
about one-eighth of the total number of
victims, have been brought to the surface,
while less than -one-fourth of the total
number have been actually located. The
others, undoubtedly between Sno and 400
In number, lie tn unknown sections of the
vast workings in the bowels of the great
hills that overlook the town and extend
two miles and more back from the main
entries to the mines. These unlocated
bodies, to find which, hundreds of brave
men are constantly risking their lives are
seriously menaced by two destroying
elrments by decay In the over-heated.
humid and vapor poisoned atmosphere of
the mines and by fires that are smoulder-
lng here and there In the working and
from time to time bursting Into flames
Steadily the chance Is ebbing that these
Bodies will be brought to the surface.
Identified by friends and relatives and given
decent burial. This la the situation this
morning at ths scene of the most frtrhtful
catastrophe In the history of the coal min
ing Industry In America. v
President Watson of the Fairmont Coal
company, wired Governor Dawson this
afternoon that the number of men lost had
undoubtedly been overestimated. The ac-
tual loss, he said, can only be determined
by taking a census of the zonvnihuty. and
iiis nasi oees starteiV - - -
BLUE -SUNDAY BLUE INDEED
xtaa-sTS-aasnae'
Art ore Lost Mack Money sad Man.
agera Mere Alderasen te
Change Law.
NEW YORK. Dec S New t.,v. ti.
Sunday will be remembered for a Irm.
iime. For the first time In the history of
me city 360,000 peonle who uinaiiv .rr.
some form of amusement on that d.te wri
forced to amuse themselves by walking- on
me streets or In the parks. There was not
a theater, not a conoart h.n BnA. h.u
or lecture room open tn the city and four
Hundred penny and nickel arcades that
usually do an enormous bmlnui wm
closed. Even the donkeys that carry child
ren on their backs for a small fee In Central
park rested. It Is estimated that utora.
muslclans and employes of the various en
tertainments that are usually ooen on Hun
days, lost tTB.OOO by the forced closing of
everything- and the estimated loss tn th.
amusement Interests of the city Is placed at
The board of aldermen will meet to
morrow and remove the couse of th tiiri.
culty Insofar as It Is noulhla foe ih.m n
do so. It Is thought that conditions next
eunaay will be considerably Improved from
the viewpoint of the amusement seeker
The police say that genuine disorder would
follow the attempt to enforce another blue
eunday.
GOLDEN ALMOST BREAKS DOWN
His Censeteaee Compels Tfllsa te Tes
tify la Powers Trial,
Not Money.
GEORGETOWN. Ky.. Dec. t. Cross
examination of Wharton Golden of
Boulder, Colo., witness for the prosecu
tion, was resumed todav at Caleh inw.
ers' trial. For three hours Golden was
taken over hla connection with the crime
under rigid cross-examination by Judge
81ms for the defense. Once or twice dur
ing the examination Golden almost broke
down, pleading bad health for lack rf
memory. The dt-fense sought to. shew
that his testimony waa purchased and
that he received 15.060 to swear agalnrt
Powers. Golden denied this. Asked why
he bad come to Kentucky eleven times
from Colorado to testify In these cases.
Golden said that it waa dona to ease
his conscience.
MAIL TRAINS ARE PRIVILEGED
Interstate Coanaaeree Coaanalsalea De.
eldes State Beards May Net
Step Tkeaa.
WASHINGTON, D. C.,' Dec t.-The ques
tion whether a railroad company eaa be
compelled upon the order of a state rail
road commissioner to stop Its fast mall
trains when engaged hi Interstate commerce
was today decided by the supreme coutt
of the United States In the negative tn the
case of the Atlantic Coast Line Railroad
company against the Board of Rallmsd
Commissioners of South Carolina.
HUGHES NOT YET IN RACE
Story ef Reeervatiea ef Reoaae at
Aaeltorieae Hotel Wltheat
Foaaaetlea.
CHICAGO, Dec S Manager Kennedy
of the Auditorium hotel said today that
no requeat had been received by him for
tha reaervatlon of rooms during the na
tional republican convention for Governor
Hughes of New York. Ths New York del
egation has reserved headquarters In the
Auditorium Annex and the story of a
reservation by Governor Hughes, accord
ing to Mr. Kennedy, probably grew out
ef thla tact.
SEW HEADS AT YARDS
R. J. Dunham is Elected President of
Stock Yards Companj.
EETEESENTATITE OF ASMODTt
Complete EearransTment of Officers
and Directors Made Monday.
BUCKINGHAM GENERAL MANAGES.
Caldwell and Dunham Go on New
Board cf Directors.
SHARP IS AGAIN THE SECRETARY
General Maasersoa. W he Saceeedee
W. A, Pax toe Desires, te With
raw Freta Heed ef Company
Becaase ef Other Datlea.
President Robert J. Dnnbaow Chicago
Tloe President. .Jobs i. Crelgatoa
Beorstary and Treasurer J. C aaarp
Oeaeral Manager Bverstt Backing-nan
This slate of officers was elected by the
board of directors of the Union Stock Yards
company of South Omaha yesterday after
noon. The meeting wa called for 1 o'clock
at First National bank in Omnna, imme
diately following a meeting of the stock
holders at the Exchange building Ui South
Omaha In the morning. The stockholders
elected Victor B. Caldwell director to suc
ceed B. r. Smith of Boston, Mr. Dunliam
Instead of William A. Paxton and John D.
Crelghton to succeed J. A.. McShane.'
This makes the personnel ef the board
of directors now as follows: R. J. Dunham,
Samuel MeRoberts, Lee W. Spratlen, Victor
B. Caldwell, John D. Crelghton. - R. C.
Howe, C. F. Manderson, F. H. Davis and
Thomas B. McPherson.
W. A. Paxton waa president until his
death, when General Chsrles F. Manderson
was elected to the vacancy, but Mr. Uaa
derson refused to serve, except to fill the
unexpired term made vacant by the death
of Mr. Paxton.
Mr. Dunham comee from, a well-to-do
family In Chicago and la the personal rep
resentative of J. Ogden Armour In many
large concerns In which the Armours are
Interested. ,
Colonel J. C. Sharp was re-elected
to the position tf secretary and treasurer,
which offices he has held for many years.
Everett Buckingham, the new' general
manager, takes the place made vacant by
the resignation of w. J. C. Kenyon, who
resigned to become general manag-er of
the Illinois Tunnel company of Chicago.
James L. Paxton has been acting general
manager, but resigned to look after hla
personal property. Mr. Buckingham cornea
from the Oregon Short Line where he waa
general superintendent. Ho was formerly
superintendent af transportation on the
Union Pacific.
Baeklnsrhana Talks at Last.
Declining to make a statement to, Omaha
newspaper men, Mr. - FucKinghrusi ,went
clear back ta Bait Lake City ry ennomac
himself. The Tribune, says: '
He leaves the Otegon Short Line because
of criticism of his operating methods by
the Chicago officials of the Harrlman lines.
"I am frank to say that I leave Mr. Har
rlman's employ as a result of more or less
friction between eastern officials of the
Harrlman lines and myself the last year
over the operation of the Oreiron Short
Line," said Mr. Buckingham Thursday.
Those who have followed western railroad
development know of the tmmenae Increase
in business for the roads and of the thou
sand and one things we have had to con
tend with the last- eighteen ' months In
operating. A great shortage of labor has
piayea navoo with us for one thing. With
such conditions confronting us congestion
and delays were bound to come In the oper
ating department. In, my caae these things
have led to several disagreements and I
have tendered my resignation to Vice Pres
ident Bancroft. I leave here with the
kindest of feelings for every railroad man
tn this neck of the woods. My association
with Mr. Bancroft has been particularly
pleasant and It Is not true that any frio
tlon has ever existed or occurred between
E. R Calvin of the Southern ttnr, .
myself."
Mr. Buckingham admitted that the Mm.
mlaeal of Superintendent Coatetln of the
Utah division of the Oregon rlliort Line
figured considerably In the latest develop
ment of the trouble at the general offices.
There has been a rather tense situation
at the general offices of the road here ever
since Mr. Buckingham's determination t
resign was known. The tension ws tighter
than ever Thursday when Mr. Buckingham
"iithi in town.
CONDITION OF WINTER WHEAT'
Wasblasvtoa Reports Crop 01.1, Case
rea with Tea-Year Ave
rage ef 03.
WASHINGTON. Dec. .-The cron re'nort.
Ing board of the bureau of statistics of tha
Department of Agriculture today -frtl
the following bulletin:
The newly seeded area of winter wheal
s estimated ss being 1 per cent less than
he srea sown In the fall .f .
to a decrease of iai.OHI acres anil a
acreage of Jl.Oe.ono. The condition of win
ter wheat on December 1 waa Kl.l, as c.xn
pared with M l on lcember 1. llerf, w i at
" rcommaiog aace in 1VJ6 and a ten-
ear average or
The following taote shows foe .h ne h-
principal states the percent a r sown ti
winter wheat this fall, aa compared with
that sown last year, the eatimsted acrrsgt
sown this fall, tha average nniti,,n t
ember 1 of the preaent year and the mean
of the December averages for ten years:
Con.
Pet. Deo. 1. la-Yr.
Slatea
. Acres. 107. Ave.
1 9V ea M
tTTS.ww tt
irn.t.- m
im.ono S4 M
U'.gu.i m ss
it..fM) m m
l,6',9,0. SS M
i.3:s, M Wl
(tf-K.mo ft 1
SW i0 7 M
a.Ost.000 tu.l MS
KaAsas
Indiana
Missouri
..lo
..1'.J
.. M
.. SH
..KB
..1.1
.. 4
.. rt
.. to
.. 7S
.. at
Ohio
Nebraska
Illnols
Pennsvhanla .
California
Oklahoma .....
Texas
Michigan
t'nltej States.
The newly st-eded srea of rye ts estimated
as being S7.S per cent, or tj per cent leas
than the area shown In the fall of 190
equivalent to a decrease of el.oro acres sns
a total acreage of t.0l4.J. The cot; (lit Ion
of rye on December 1 was f14. as rompared
with M.3 on December 1. 1B0 in 4 at tha cor
responding date 1n l'jt and a ten-year
average of K.t.
RAILROAD MANAGER ON TRIAL
Vlee Preeleeat asalth af New York
Central Arret sard ee tkarg
ef Maaslaaahter.
NEW YORK, Dec. 1 Alfred H. Smith.
vice president and general manager of ths
New York Central railroad, waa placed on
trial today before Justice Kellogg In the
supreme court on a charge of manslaughter
In the second degree, growing out of the
wreck of the Brewster express at Woud
lawn last February, In which twenty-four
persons . lost their Uvea and rdsty-eevea
were injured. Gross oegiigetvee. waa gthigns.
fca U.a hul tat matt t
!
