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VOL. XXXVII NO. 151.
Omaha, Wednesday morning, December ii, 1907 twelve pages.
SINGLE COPY TWO CENTS.
Omaha
Bee
E
! TRIAL OF STOESSEL
Euadan General Who Surrendered
I Fort Arthur Facet Court-Martial.
4 saBana
) corrncriou means death
; Charge i Making Xenni Dishonorable
! to Russian Nation.
FOUR- OTHER OFFICERS ACCUSED
; They Are Gene 'ock, Reist and
- ' S.
- VV
I COURT'S ATTTTUL X WORABLE
Iteqnoet ef General St
tr OalU
ins; ft Two Addition.
Dismissed Witkoat
moan
ST. PETERSBURG. Deo. 10. Before
brilliant assemblage of hla old comrades In
arm. General Stoessel wae todar placed
on trial to answer with hla life and reputa
tion (or the loan of Port Arthur on Jan
Uary 1, 1906, and tn firm tonea and with
confidant manner the general pleaded not
(rullty to the charge of needlessly surrendering-
the fortress and thereby hamlli
atlng the Russian army.
The trial took place In the auditorium of
the army and navy club. The room re
sembled more a social fathering; of officers
of high rank than the scene of a court
martials Among the judges, spectators and
witnesses were General Kouropatkln, Gen
eral Llnevltch, General Renncnkampf, Vice
Admiral Wlren and scores of other prom
inent leaders in the Russo-Japanese war.
There were also present 200 officers and
soldiers who had been at Port Arthur and
who today were clad In their full dreBS uni
forms blazing with stars and decorations.
General Rtoesael alone was in civilian at
tire, and this made him conspicuous. He
wore proudly around his neck the cordon
of the military order of St. George, which
was conferred upon him by the emperor
during the siege, and on his breast wns
pinned the cross of George III, awarded for
conspicuous bravery In frontier fighting.
This aame coveted decoration was worn
by many of the witnesses and spectators.
Empty aleeves and crutches, especially
among the men who had been at Port Ar
thur, showed that many of them had seen
hard service during the war.
The other accused officers, Generals Fock,
Retss and Smirnoff, came to the court clad
In their uniforms. General 8mlrnofT. who
Is a bitter ehcniy of General StoesseL
ostentatiously seated himself as far away
s possible from the central figure of the
proceedings, j
The court wns convoked by Vice Admiral
Doubasoff. lie declared It to be the duty
of the court to proceed with the trial
of the four officers charged with the re
sponsibility of surrendering the fortress on
term dishonorable to the garrison and
humiliation of the pfeBtlge of Russia. He
alUi4 tiiU roil' of 2B0 witneeeei. In
cluding General Kouropatkln and Vloe Ad
miral Wlren. Several of the witnesses were
absent, but the oourt decided to proceed
wirh the trial. The entire afternoon was
taken up with the reading of the volumin
ous Indictment.
One or two Incidents showed the atti
tude of the court to be unfavorable to
EtoesseL His personal request that two
additional witnesses be called In was .dls
mtnod without ceremony. One of these
witnesses. Dr. Rosanoff, who was chief of
the Red, Cross within the fortress, at the
preliminary hearing testifying that at tho
time of the surrender General Stoessnl had
only 8.000 able-bodied men to defend the
hundreds of miles of fortifications and
that 'the oolj winds at the time made it
difficult for the soldiers even to hold their
rlflus. General Nadlen, the other witness
excluded, la the author of a deposition
similar to that of Dr. Rosanoff. The gen
eral commanded the firing line at Port
Arthur. The correspondent of the Asso
ciated Press spoke with witnesses of all
ranks. They declared the trial to be an
Insult to General fitoessct and to his army.
A prominent coloned said:
"If Btoesscl Is guilty we all are guilty."
NO MERCY GIVEN TRIBESMEN
1 hey Most Accept Terms of Narren
der or French Will Proceed
Aarnlnst Theut.
PARI 8. D. 10 -The terms of surrender
proposed by General Llautey to the Benls
Nassen tribesmen, who have been engaged
In n Insurrectionary movement In Algeria
and who recently sent In emissaries asking
for pardon, follow the lines of the terms
proposed for the submission pf the warring
Moorish tribes at Caaablsnca, namely, the
surrender of their arms, the delivery of
hostages and the payment of an Indemnity.
Unless these terms are accepted uncondi
tionally General Llautey will assume the
offensive tomorrow.
INSURGENTS" MAKE HEADWAY
Penetrate Province of KwaagT 81 and
Capture Three Chinese
stronghold.
CANTON, China. Dec. 10 Insurgents
from Tuncbow have penltreied into tho
province of Hwang Si and have captured
three strongholds between Lungchow and
Langsun. Martial law has been proclaimed
In the disturbed locality.
FRANCE INSISTS ON RIGHTS
Kagaaed In Megotlatlun with Bel
gian Over Preferential Rights
In Congo.
PARIS. Dec. 10. France Is at .present
engaged In negotiations with Belgium look
ing to. the manteunnce of Its preferential
rights In the Congo Independent state after
the annexation of that territory to Bel
gium. SECRETARY TAFT NOW ON WAY
tenner President Grant Leaves Ply.
month for Atlantic Trip to
New York.
PLYMOUTH. Dec. Ifc-Th steamer Pres
ident Grant, with Secretary .Taft and the
members of his party on board, left here
t I W o'clock this morning for New York.
frank Ivt-llu Mark 'proved.
NKW YORK. D-c. 10 -Frank KelUK; of
St. Paul. Mum . prosecutor in the rmr of
tlie Government it ti in m t the Standard oil
company. lio became III last iilii In the
ruure of his M'fei U li.fore the Mlnnn..i i
ocii tv whs luuch improved tixiay. aj r.
Kelk.m'a iM.liiwaitien Ust nihi as jia
teniuoary ri-aull of an unite attack of n
d'KcfcUon. tin was so much better that he
tiianiietl to leue for Washington toiiu.i -!'.,
ith fuitlitir ev!duie takeu oa the
Iklejulfcid Oi lniaiiuu.
SUuIulARY OF THE DEE
Wednesday, December 11, 1907.
UN MOW TM. I r" ' T
12 3 4 5 Qf 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
TKI WDATBTB.
Forecast until 7 p. m. Wednesday:
FOR OMAHA. COUNCIL. BLUFFS AND
VICINITY Fair and warmer Wednesday.
FOR NED KA SKA Fair Wednesday; ris
ing temperature.
FOR IOWA-Falr and warmer Wednes
day. Temperature at Omaha yesterdayi
SOUXBTia .
Congressman Cushmun ,,of Washington
state to speak at Omaha club Washing
ton's birthday. Page 1
Interstate Commerce commission decides
the Chicago stock yards 1 mut eta Its
terminal charges of $2 In half. Page 1
James J. Hill denies rumor that he In
tends now to consolidate the Burlington
and Great Northern systems. Page 1
Prosecutor Hawley outlines the evidence
In the Pettlbone trial. Page 1
State's attorney declares Chicago will
be dry next Sunday. Page 1
Oklahoma legislature elects two demo
cratic senators. Pag 1
, Page 1
Stockholders of the defunct California
Safe Deposit company and depositors hold
meetings separately with a view of de
termining a course of procedure. Charges
of statutory fraud are to be made.
page a
Rescuers are ' still working desperately
to recover bodies from the mines at Mop
onsah. Par 1
President Roosevelt' letter regarding a
third term Is made publto at a mcctlnr
of the cabinet. - Pag 1
Testimony Is given at the Walsh trial
showing the manner In which ke acquired
property. Pg 1
Secretary of the American Medical as
sociation says the surgeons' department
of the' United States army is Inferior to
that of the Japanese. Page a
Further testimony of the allcgvd Goebil
conspiracy Is brought out at Georgetown
In the trial of Caleb Power oy WUos
Youtsey. Pag" 8
JTEBKASXA.
Harrison Clarke makes a final appeal
to governor for hla life. Governor pux
ssled over the many conflicting statement
of Walt) and Gathrlght. hla accompli.1
In tho Flury murder. ', Benator Dubois'
says Bryan will he nominated by , ac
clamation. " " Pag 3
Freight bnelnes of the stale has im
proved, according to reports submitted
to the Railroad commission. Pag 8
The annual meeting of the State Anti
Saloon league to be held at Fremont De
cember IS and Is. Pag S
POBEIOK.
. Trlbemen of Nassen are given altern
ative of surrendering or fighting.
General Etoessel Is on trial for his life
at St. Petersburg, and his requests for
witnesses are turned down without con
sideration. Page 1
France Insists on preferential right In
Congo state after transfer of territory to
Belgium. Pg" X
Secretary . Taft now fairly under way
on the President Grant for Ne York.
Pag X
. X.OCAX
Attorney John O. Yelser may sav
Clarke, negro convicted of murder, by
showing law under which he waa convicted
to be unconstitutional.. TMs la. the plea he
will make in 'the case of young Pumphrey,
convicted of the murder of Ham Pak.
Pas 4
George C. Call, director of the National
Rivers, and. Harbor congress for the
Missouri river, say co-operatton of Mis
souri river cltlee will secure Just propor
tion of the 150,000,000 appropriation for
waterways sure to come. Pag S
Commercial club of Omaha endorses
plan of e. EL Babcock for a hydro-eloctrlo
power plant on the Loup river, which will
give Omaha cheap power at an Initial
cost of $1.40 per horse power. Company
Veady to capitalise for $11,000,000 and
authorise bonds of ;8, 000, 000. Pag 7
Saloon men of Omaha wor prompt to
obey the order to remove creen from
their places of business Tuesday and th
man who did not want to be seen taking
a warm one. took the toddy at home.
Most of the screens were taken out Mon
day. Pass 1
High school student of Omaha Invents
a device which will enable the lovers of
phonograph tnuslo to hear the favorite
selections In either bass, soprano, baritone
or tenor by simply pushing th button.
Professional bass lugers will be .heard In
high soprar.o. Pa" XI
Boers have made It impoaelble for Eng
lish syndicates to concentrate low grade
gold ore at a profit by advancing the
wages of laborers and forbidding coolie
labor, which has reeuiwd In th English
miners seeking Black HlUd property.
Pag S
Lasfle of the American1 Volunteers said
to be dressed as Santa CUus, begging in
the street corners, creates excitement
among the contributors to Christmas din
ners for the poor. Men quit work in the
shops to assist in taking the collection
for two organisations. Pag a
COathtXKOlAl AJfD XXSUSTKIAIb
I, He stock market. 'r 9
tiratn market. Pag
Stocks and bonds. Pag
MOTEHEMTrf OP OCKAaT BTXAhtSIIIPn.
rrr.
NtW YORK....
NW YoKJi....
bKKUKN
.At-Lt.d .-
NAPLk.S .......
N A Pl.t.
KAUIHBJ ....
KUKbl
i;u,ow
niMut t'd ...
r.ot urns?: ...
bolujum: ...
ArrlT4. I
Sailed.
....CaroMjila.
Ctmpauia.
.... luiu.
... Kiua a Italia.
....Liur.a.
. kUasllla ...
BarbarOMS .
(.arum ....
.Klorlda ....
IIAtavia
K. A. Victoria
Lisarla.
. Pftlcdoala
. k. r. waa.im.
ProaMant OraaC
rotaaaai.
MRS. TAFT'SJFUNERAL HELD
Mother of secretary of Wu Will Bo
Bnrled at Old Cincinnati
Home.
MIUBUKY. Mass.. Dec. 10 The funra
of Mrs. louisa M. Taft, mother of secre
tary Taft. was hxld at her lute home tier
today. Rev. Uvorge A. Putnam of the First
t'ongrrguttoual church officiated. The body
viil iU to Cincinnati lur burial.
.TY. 1 Hour. Deg
tVlpnn 8 a. m 18
04JZJJ?' 1 m
JW-TTji 11 a. m 23
ftZ7 1 L 1 p. m 2M
rS v 2 p. m 32
jn $ p. m 86
f I 4 p. m 84
Vl f " V S p. m 33
j r m r.li 6 p. m 81
f s V J 7 P. m SO
' J ip, m as
1 f I p. m. 28
BDREETT HAS GRIST OF BILLS
All of Them Measure! for Benefit of
People or Towni of the State.
SECRETARY T0BEY RESIGNS
CcMirreamaua Caakmaa of W nan In at on
Stnt Aeeept Invitation ( to
Snook In Omaha, on Wash
lnarton's Birthday.
(From a Staff Correspondent.)
WASHINGTON, Dec. 10. (Special Tele
gram.) Bills were Introduced today by
Senator Burkett as follows: To deed cer
tain portion of the military rese-vatlon of
Fort Niobrara to the town of Valentine
for water supply; for the relief of Mary
C. Burgess, 4.600 for the destruction of
her husband' property by union force
during the civil war. Mr. Burgess 1 th
mother of H. C. M. Burgess, custodian of
the public building at Lincoln; a bill ap
propriating 7f,000 to construct a public
building at Plattsmouth upon a site al
ready secured by the government; to refer
to the court of claims the claim of th
heirs and legal representatives of John P.
Maxwell and Hugh H. Maxwell, deceased,
and a W!) to permit the Omaha Indians to
submit their grievances to the court of
claims for adjudication. '
Bnrkett'a Secretary Resign.
George E. Tobey haa resigned hla posi
tion as private secretary to Benator Bur
kett to become secretary of th Alpha
publishing company, Lincoln, Neb., at a
salary of $2,600 per annum.
Senator Burkett In speaking of Mr.
Tobey' retirement from hi service, said;
"Mr. Tobey has been with me a private
secretary for eight years, and a more
worthy man than he doe not Uve. I regret
beyond ability to express It that these re
lations are to be severed. But a larger
field has opened up for him where he can
do better financially than he can hope for
In this position, and of course he should
accept It."
R. B. Morgan of Greeley Center, who haa
been with Senator Burkett for th last
three years, succeeds Mr. Tobey aa secre
tary and clerk of th committee on Paclflo
railroads.
Howard B. Smith of Central City, who
has been for . tha last eighteen months
stenographer to Senator Burkett, will con
tinue to fill that position, aided by Mr.
Clifford W. Leroy of Falrbury, who has
just been added to Senator Burkett' force.
Mr. Leroy wa stenographer for Supreme
Judge Lettoti for some time past.
Several Bill hr Gamble.
Senator Gambia today Introduced a reso
lution to amend the act of February 2s,
1 1KS7, to pei nut Indian to lease land
owned by them under authority from the
secretary of the Interior, on reservations
created by executive order for mining pur
poses, these leases to be of the same
general character as would be executed
upon other reservation where the Indians
have title.
Mr. Catuble also Introduced a Joint reso
lution providing for th donation to the
state university at Vermilion, 8. D... of
two condemned raimoa to be used for or
namental purpoas. on. the campus of the
-university.
Urge Hague to Aeeept.
Senator Norri Brown today wired Gov
ernor Hughes of New Tork, urlng him to
accept the Invitation of the Young Men's
Republican club of Lincoln to speak at
their annual Lincoln day dinner, February
12, 1903. '
Cushmaa to Speak In Omah a.
Representative Cushman of Washington
state, and one of the leading men of tha
house and a most brilliant orator, informed
Mr. . Victor Itoaewater today that he
would go to Omaha on February 22 to
participate In the exercises commemorating
the life of the first president of the re
public. This will be good news to those
of the Omaha club who will have charge
of the Washington birthday celebration,
because It assure them a distinguished
orator.
Minor Matter at Capital.
Senator Brown Introduced the following
pension hills today: Rosa Klnkead of
Omaha, Anson A. Neal of Kearney, $24
each; Benjamin Dye of Chapman. $50; Lu
cre t a Wilson of Kearney, ISO. -
Albert J. Claney of Sioux City, Fred
Horgberg of Davenport, John Sloan of
Cedar Rapids, Peter Bent of Cedar Rap
Ids, la., have all been appointed meat In
spectors In connection with the Bureau of
Animal Industry.
Postmasters appointed: Nebraska, Saint
James, Cedar county, Cora M. Newell, vice
John S. Emerson, resigned. Iowa: Harvey,
Marlon eounty, John H. Iarew, vlce-C B.
Foshler, resigned. '
Lem B. Watts has been appointed reg
ular and Emmie K. Watts substitute rural
carrier. Route 1, at Rover, la.
The applications of Mason J. Foft, Allen
Harrod, W. M. Feeney, E. C. Vandenburgh
and M. T. Rathbun to organ'ze the Farm
ers' National bank of Klngsley, la., with
150,000 capital, ha been approved by the
comptroller of currency.
Moto to Open Moro Land.
Benator Gamble, who has been largely
associated , with the passage of legislation
looking to the opening of Indian reserva
tion In South Dakota, Introduced a bill
today for th opening of th western part
of the Standing Rock and Cheyenne river
reservations, located In Bchnasse eounty,
that state, and comprising about 1,000.000
acres. Th Mil provide for payment of
th school lands In behalf of tha slat at
tl.2S per acre and a commission of three
I to be appointed by the president to
appraise and classify the lands and fix th
price for the same. It further provides
for the opening ef the reservation under
the usual procedure and proclamation of
the president.
It Is expected the bill will b taken up
by the department and the consent of tho
Indians on two reservations secured along
the line laid down by th bill. Under
a decision of the supreme court the lands
can be opened without th consent of th
Indians, but It I preferred to have their
sanction rather than their antagonism. It
ts understood th bill haa the approval of
the department and If legislation ran be
secured during th present session of con
gress It I believed the land can be opened
in th fall of 19U.
Senator Gambia also Introduced another
bill for th extension of th act of Feb
ruary , 1904. permitting second homestead
entries and th bill extending the provision
of th aot of June 4. 110, allowing o
ond homestead entry where the parties
have commuted their first homestead and
fixing th time for living on the land to
five years.
BUI to Aid Mining- Con area.
An International mining congreas la to
be held from May 25 to June P) In New
York City and It Is the dealr pf the pro
moter of this exposition to make It abao
lutly representative In character. Today
Continued on Beoond Page J
YOUTSEY TELLS OF CONSPIRACY
Wltneea Who Participated la Ooebel
Mnrder Details Plnne for
Aanaaslratlon.
GEORGETOWN, Ky., Dec. 10-Hnry E."
Youtsey, now serving a life sentence for
complicity In the assassination of William
Ooebel. was a witness todsy In the trial of
Caleb Power. He told of a conversation
with Dr. W. R. Johnson as to killing
Go bel and of the purchase by Youtsey of
smokeless cartridges In Cincinnati. He
said before the cartridge were bought
Johnson became Impatient and ald Yout
sey could shoot Ooebel from the secretary
of state's window.
Youtsey detailed the events leading to the
tragedy and the preparations which he had
arranged for the shooting. It was Youtsey
who met Jamea Howard, who is alleged to
have done the shooting, upon his arrival tn
Ftankfort. Youtsey told of placing gun In
Power' office, raising the window and
drawing the curtain to the window, of
pointing out Goebel aa he approached th
capltol and seeing Howard aim at his vic
tim. He then left the room and heard the
crack of the rifle as he wa descending tha
stairs. The witness connected Power
directly -.with the tragedy by stating thnt
he fixed the door for the entrance of the
assassin and approved of the plan. Youtsey
also said former Governor Taylor dictated
a letter to him asklrg Howard to oom to
Frankfort to "do the Job." ,
Youtsey testified that Taylor stated he
would give tl.600, a pardon and a military
escort to th mountain to tha man who
would kill Goebel.
WALSH BOUGHT "INDIRECTLY"
Serared Control of Bedford Stone
Quarries While They Were
Held by Receiver.
CHICAGO. Dec 10. The trial of John
R. Walsh, former president of the Chi
cago National bank, charged with misuse
of bank funds, was resumed today. Wil
liam O. Brelfogle Of New York testified
as to the manner In which Walsh became
possessed of th Bedford stone quarries
In Indiana. He said that "an Indirect
purchase" , of tha quarries wa made by
Walsh for $70,000 while they were In the
hands of a receiver. He said that Walsh
advanced $54,000 for the development of
the quarries and for the Improvement of
railroad facilities.
George W. Ely. secretary of th New
York Stock exchange, waa placed on th
stand, but was not allowed to give any
evidence. It was sought by the govern
ment to prove through him that the stock
and bonds of the Walsh railroads were
not listed on the exchange. The court
sustained all the objection of tha attor
ney for the defense.
C. H. Foreman of East St. Louts told
of the purchase by Walsh of the Centralis
c Chester railroad while It was in the
hands of a receiver. The road was eighty
one miles long, and no trains were running
on It when It was bought by Walah for
$460,000. The government alleges the money
of the Chicago National bank wns used In
the transaction, but the defense asserts
the deal was for the benefit of the bank.
THIRD, TERM, J.EJTER PUBLIC
President Roosevelt k Formally Ask
Federal Employe to Cense
Werklsg for Htm.
WASHINGTON. Dec lft.-Aftcr the
cabinet session today the letter addressed
by President Roosevelt to the member of
his cabinet on November 19, - Instructing
them to Inform federal office holders not to
participate In a third term movement for
President Roosevelt, was made publlo at
the White House. It Is understood that
cabinet officer will at once take action
In accordance with the term - of this
letter.
The letter follows: '
I have been Informed that certain office
holders in your department are proposing
to go to the national convention as dele
gales In favor of renominating me for the
presidency or are preparing to procure my
enforcement for such renomlnatlon by state
conventions. This must not be. I wish
you to Inform such o Ulcere as ypu find it
advisable or necessary to Inform In ordor
to carry out the spirit of this Instruction,
that such advocacy of my renomlnatlon, or
acceptance of an election aa delegate for
thnt purpose will be regarded ss a serious
violation of official propriety and will be
dealt with accorillngly. Sincerely ynurs,
THBGDORE ROOSEVELT.
PEACE HOVERS AT G0LDFIELD
Colonel Reynolds Pears Troop May
B Needed When Mine Are
Opened.
WASHINGTON. Dec. 10. The adjutant
general ha received the following telegram
relative to the situation In Goldfleld, Nev.,
from Colonel Reynolds, commanding the
troops now in that mining camp, under
date of yesterday:
"On arrival 'here found the district or
derly. Except for those mines not In oper
ation business and other condition ars
normal. No disturbances worthy of no
tice have occurred since. Several authori
ties here have been consulted. They state
that they are not being Interfered with In
their function. I have not assumsd con
trol except to ask them to Inform m fre
quently of the state of affairs. A general
feeling of confidence prevail from th
presence of the troop. Th difference
between the mine operator and th miner
have not been settled. The operators are
going to open their mine thl week. When
this occur I fear there will be trouble."
COURT LETS OFF MURDERER
ThrooKh Insanity Plea Maa Who Cut
Own Child's Throat Will
Go Free.
"" " f
JEFFERSON. CITY. Mo.. Dec. 10. For
the third time the Missouri supreme court
today reversed and remanded the case of
John M. Speyer of Kansaa City, convicted
of the murder of hi 4-year-old son aom
year ago. The supreme court holds th
defendant wa Inaan when the act was
ctmmllted. He will now probably go free.
The child wa killed hy Speyer by cuttjjig
Its throat following Speyer's arrest on a
charge of assaulting a little girt, and had
It not been for the prompt Interference of
officers Speyer would have taken his own
life.
ESTIMATE OF COTTON CROP
Five and a Half Billion Ponnd Will
Cover Prod notion of Last '
Benson.
WASHINGTON. Dec, 10. The crop re
porting board of th bureau of statist los
of the Department of Agriculture from the
reports of the correspondents and agents
today Issued a report estimating that th
total production of cotton In the United
State for th year 1907-08 will amount to
I.ClSi.0OO pounds (not including Unters),
equivalent to U.tTS.OU) bale of u0 pound
gross waight.
NEW ORLEANS', Dec, Wi Following th
posting of th government's crop estimate
of U,s,000 balea on th Cutlon chj0
SALOONS REMOVE SCREENS
Liquor Ilea Prompt to Obey Order of
the Mayor.
BREWERS KEEP TAB ON SITUATION
Have Their Driver' Report to Thei
Whether Customer Ar Com
plying; with the Command
ef the Law.
The man who desired to partake of the
cup that cheer In Omaha Tuesday morning
without making his act publlo to those who
desired to view it took hi toddy at homo,
for, with th exception of thos places
where the glasler failed to put In an ap
pearance according to promise, there was
not a screen before a door or window of a
saloon tn Omaha.
As far aa could be found by th police
and other Interested parties at noon Tue
day th order of th mayor regarding th
removal of screen had been trlctly en
forced. Where It had been found lmpol
ble absolutely to remove Interior obstruc
tion door had been taken from their
hinge and th Interior thrown open.
On of th Interesting feature of th
Innovation was th number of small boy
who took advantage of the opportunity to
see how tha Interior of a saloon Is ar
ranged. Thl wa particularly noticeable
on Famam street, where th newsboys con
gregate. Brewer Are Interested.
It wa reported to th manager of
breweries by driver that all screen wer
down. The brewr seemed to be especially
Interested in the enforcement of tha law,
since they carry a large number of ac
count with retail liquor dealer and failure
of these dealers to observe tha law would
have Jeopardized thelj interest tn many
case and for this reason tho manager
asked tor report from all saloon handling
their beer. '
On or two question remain to be set
tled regarding the application of th law.
On 1 whether th use of th window for
display purpose, with an Incidental ob
struction of th Interior, 1 a violation of
th law, and another 1 whether a mirror
so hung as to oover a small portion of th
Interior will be permitted to stand.
In moat cases th reform wa treated In
great good humor1 and many Jokes were
cracked. In front of the Merchant hotel
bar door on Farnam street stood a well
known man about town, whose weight
must be something near 800 pounds. A
practical Joker . slipped In the saloon
through th hotel and, pretending t
Colonel Pete Bouse that he wa a plain
clothes man, threatened to "pull" tha
place If the obstruction wer not moved.
"Aren't all our aoreen down?" asked th
colonel.
"No; look there," and th praotlcal Joker
pointed to the fat man, who bought, de
spite th lack of screens.
CHIEF SPOTS SOME SIGX OWNERS
Hand 1,1st to Captain for Arrest If
' - . prdlaauaee 1 Iajnered- -
-Tuesday morning Chief Donahue sent to
the police captain a list of names of busi
ness men who are maintaining signs on the
streets, believed to be In violation of. the
city ordinance, with, instructions to bav
warrant sworn out for their arrest Wed
nesday morning If th signs do not come
down. The list of names was furnished th
chief by Lysle L Abbott, attorney for Morlta
Meyer, who wa convicted of maintaining
Illegal signs, and who haa appealed the
case to the district court. Mr. Abbott In
sisted that all of them be prosecuted. In
the hope of having th city council revoke
the sign ordinance.
City Prosecutor Daniel says he cannot
clog the wheels of justice In police court
with the trial of 300 sign cases at once, but
will swear out five or alx warrants a day
till tha cases are disposed of.
CHICAGO TO TAKE ITS TURN
State' Attorney Healer Annonnee
He Will Close Every Saloon
Next Snnday.
CHICAGO, Deo. 10. State Attorney Healy
announced publicly last night that h would
enforce tha law so as to close every saloon
In Chicago Sunday.
Thl announcement cam tn an address
he delivered at a meeting of the Men's
club of St. Peters Episcopal church. The
speech followed the .issue of twenty-nine
warrants against proprietor of leading
hotels in Chicago, charging violations of
the Sunday closing law. The states at
torney said that the state law 1 absolutely
plain and that he will enforce it with all
his power. The saloon keepers, by their
actions, he asserted, have aroused a revolt
among the thluklng people of the city that
will result eventually not only tn Sunday
observance, but In horter hour for tho
saloon and th total wiping out of many
disorderly places leagued with vice and
crime.
HAWLEY 0UTLNES HIS CASE
Chief Conasel for State la Pettlbone
Trial Makes Statement to
Jnry.
BOISE, Idaho, Dec. 10. James H. Haw
ley, chief counsel for th state In the case
of George A. Pettlbone, outlined the case
which the. prosecution proposes to prove,
when the trial was resumed today. Sen
ator Borah occupied a seat at the table
of the state when court convened. Im
mediately after the reading of the Indict
ment. Mr. Hawley began hi address, first
reciting the facts concerning the killing of
ex-Governor Bteunenberg. ss th result of
the explosion of a dynamite bomb on tbe
night of December $0, IMS. at the gate of
his home at Caldwell. He dwelt on . the
law of Idaho, which provides that anyons
who Is under the common law an acces
sory before the fact. Is equally guilty with
th one who actually commit th crime.
The law of conspiracy was also explained
to the jury.
NEW STATE ELECTS SENATORS
"
Oklahoma Legislative Bodies Ballot
Separately) Democrats Being
Selected. '
GUTHRIE, OkL, Dec. 10. The Oklahoma
legislature today In separate session voted
tor two United Stales senatora, th first
to represent the new state In the national
congress. Th leglslaturs Is overwhelm
ingly democratic and the two democrats
who had been named tn the primaries,
Robert Latham Owen and Thomas Pryor
Gore, were elected. Charles G. Jones and
Clarene B. Douglass received the compli
mentary vote of th republican. Tomor
row In Joint session the formal vote will
be taken.
Vote tn senate: Gere and Owes, ; Janes
and Dvuglaa, a.
FATAL AFFRAY AT DEADW00D
On Man Killed and Another Serlonsly
Wonnded aa Resnlt of
"hoetlng.
DBADWOOD, S. D., Dec. 10. Speclal
Telegram.) Prentice Bernard, alias George
Perry, alias "Vinegar Rowan," Is dead, and
Dick Moran Is lying In St. Joseph' hospital
with a bullet In his body and his life In the
balance a the result of a shooting scrape
which occurred at 6:W o'clock yesterday
evening on the third floor of th Mansion
building at th corner, of Main and Wall
streets. Th man who did th shooting
wss generally known as Vinegar In Bell
Fourche and Deadwood, where h put In
most of his time when In Black Hills. For
some year past he haa worked as a cow
puncher and sheep herder tn Montana, and
though he has stated during his recent stay
In Deadwood that he owned a bunch of
sheep somewhere ner Miles City, It 1 not
believed that he had anything but hi
wages to depend upon. . He haa been tn the
habit of coming to Belle Fourche for sev
eral year past when hs had money and
appeared to have developed an infatuation
for a woman, known as Benny Fowler,
formerly a realdent of Deadwood.
He found the woman and Moran to
gether and shot Moran In the back, next
hooting at her. She grappled with him
and he was shot through the head, dying.
Thl last act was witnessed by Belle Has
kell, a woman In the place.
Moran la a cook by trade and came from
Kansaa City about two months ago. For a
time he worked at tha restaurant attached
to the Denver saloon and some weeks ago
got mixed up with the woman tn the case.
His people are said to live tn Chicago.
Nothing Is known her of the relative of
th dead man. He ha none tn the vicinity
of Belle Fourche and no one her ha aver
heard him speak of any tn Montana.
An Inquest will be held today. Moran Is
In a critical condition, but haa a chance
for recovery.
MORE BODIES ARE RECOVERED
Ilnndred and Forty-One Total Ifgm.
her Fonnd So Fnr la Mine
at Mosonsak.
MONONGAH, W. Va.. Deo. 10.-Wlth 112
bodies on the surface at 10 o'clock today,
twenty-five more ready to be brought out
of mine No. 6 and four awaiting removal
from mine No. 8, It was expected that the
total number of bodies recovered from the
wrecked mines by noon would be 141.
The rescuers 'are working tho right side
of mine No. 8. where. It Is said, the major
ity of the bodies yet In the mine will be
found. The work of rescue Is being pushed
rapidly and by night It Is expected that
most of th bodies will have been taken
out. It has been raining here steadily
since last evening and miserable conditions
prevail throughout this section today.
Bishop P. J. Jonahu of the Wheeling
diocese of the Roman Catholic church haa
been here assitlng local clergymen In car
ing for their parishoners and also assisted
In a number of funerals. He -visited many
of th home of tho miner and found so
many children made orphans by the dis
aster that he Immediately took up th Work
of providing homes for them.
-Chirr sMln Inspector J.. W. Paul ' Is
quoted as saying he believed the explosion
wa started by an electric spark from run
awaycara In the mai-t entry. A string of
these ctrs war !' up In the entry at
the bottom of a slope.
MEDICAL SERVICE DEFECTIVE
American Army Fnr Behind Japan
Owing; to Lack of Surgeon's
Anthorlty.
CHICAGO, Deo. 10. Dr. Frederick R.
Green of this city, secretary of tho com
mittee on medical legislation qf the Ameri
can Medical association, declared today at
a meeting of the commission that the
American army medical service Is far In
ferior to that of Japan, and that In case
of war with that oountry many of the
American soldier would be In hospitals
while nearly all of the Japanese would be
available for active duty.
Th reason, he said, Is that the army
surgeons hsve net sufficient authority over
the hospital. The legislation advocated by
th committee I roorganlxatlon and In
creased efficiency in the army hospital
corps; the appointment of dental surgeons
in th navy, establishment of a corps of
trained women nurses tn the navy; equal
isation of pay for medical officers In th
government service.
CAPTAIN KULP BEFORE COURT
Military Trlbnnal In Den Moines Try-laa-
Case Growing: Ont of
Prise Plght.
DES MOINES. Dec. 10. Captain Kulp,
Company B. Iowa National Guard, was
placed on trial today before court-martial,
charged with disobeying the orders of a
superior officer. Kulp Is accused of permit
ting a prtxe fight at Davenport after Gen
eral Thrift, at the direction of Governor
Cummins, had ordered him to stop It.
Kulp claim that ho discharged th .gen
eral' orders In that he permitted a
boxing exhibition. General Thrift main
tain that Kulp had Ho right to determine
the nature of the bout; that he was under
orders to prevent anything of that char
acter. Captain Berkeblle. Company C, of
Cedar Rapids Is Judge advocate of the
court-martial.
PUBLICITY OF CONTRIBUTIONS
Senator Cnlbersoa Introduce Bill to
Prohibit Corporation Giving;
Campaign Fnnds.
WASHINGTON Dec. 10-Senator Culber
son today Introduced a bill to prohibit
corporations from making election contri
butions and to publish lawful contributions
in connection . with elections. . The bill
amends the law of January 28, 1S07, pro
hibiting national banks and other' corpora
tions making contributions.
GOVERNOR HUGHES ENJOINED
Order Directing Removal ef Moron.
President Aheara Taken "
Into t'onrt.
NEW YORK, Dec. 10.-Governor Hughe'
order directing th removal from office of
Borough President Aheam of the borough
of Manhattan, for alleged neglect, will not
take immediate effect. A restraining order,
returnable Friday, was Issued today by
Justice Trust.
ENCAMPMENT OF GRAND ARMY
Execntlv Bonrd Chansree Dal of
National Rrnulon from Angnst
at to September T.
TOLEDO. O.. Dec. 10. At a meeting of
the national executive committee of th
Grand Army uf th Republic here today
the dale or tli national encampment of
th Grand Army of th Republic to be held
here next year wa set forward from Au
gust 11 vMU i tamper M
TERMINAL KATE CUT
Switching- Charge on Live Stock at
Chicago Pound Too High.
COMMISSION ORDERS REDUCTION
Railroads Must Make Rate of Not
Over $1 a Car.
IT IS EFFECTIVE BY FEBRUARY X
Case Brought by Texas Cattlemen and
Chicago Exchange.
SUMMARY OF THE DECISION
Chare ef S2 a Car Mad Aa-alnst
Shipments Originating; Outside
of Illinois Held to Be
Discriminative.
WASHINGTON, Dec. 10,-An Important
decision of the Interstate Commerce com
mission was handed down today by Com
missioner Prouty In the case of the Cattle
Raisers' association of Texas and th Chi
cago Live Stock exchange against th Chi
cago, Burlington A Qulncy Railroad com
pany and several other Important western
and aouthwestcrn . lines.' The subject of
the complaint was th so-called terminal
charge of $$ a car Imposed by the defend
ants for the delivery of live stock at tha
Union Stock Yards, Chicago.
The defendants ar ordered to put In force
befor February L 1308, a terminal charge
not exceeding $1 a car.
In the decision rendered on the facts
disclosed by the record In th case. It la
held that "Tha terminal charge of $1 a
car exacted by defendants for the dellv
ery of live stock at the Union stock yard
In Chicago with respect to shipments from
point without the state of Illinois I un
just and unreasonable and unduly discrim
inatory, and that such charge should not
exceed II a car." ' , :
It further Is held "that the decre of a
court dismissing a bill brought to enforce
an order of the commission made previous
to the amendment of June 29, inos. Is not
a bar to the right of the commission to
examine with respect to a date subsequent
to June 29 the sale rate Involved in that"
proceeding."
Cottonseed Rates Too High.
Th opinion In th case of E. W. Press
ley against the Gulf, Colorsdo and Santa
Fe Railway company and the St. Louis
Southwestern Railway company of Texas,
rendered also by Commissioner Lnue, de
cided that the rates of the Gulf, Colorado
and Santa F of 27 and a cent par 100
pounds on cottonseed In carloads from
Marietta and Berwyn. OkL, respectively, to
Cleburne, Tex., are unreasonable and
should not exceed 18. and 18 centa for 100
pounds, respectively, and the Joint rat of
th Gulf, Colorado and Santa Fe nd th
St, Louis Southwestern . railway of Texas
cf cent per 10O Bound on; cqtVrnwed
eeed 25 cents pet JO0 pounds. Th com
mission also held that th complainant I
ent'tlod to recover J4 reparation.
Transfer Charges Mast Be Published.
The commission In the rase of Schager
Nettleton against th Great Northern
railroad, held that the act to regulate
commerce doe not bar a earrler from pro
viding for costs ef transfer in making de
livery to a ceytaln carrier, but If tt so
provides, tt must publish and file a tariff
showing where the transfer will be made,
the kind of transfer service required and
the charges to be exacted therefor, A
shipper 1 entitled to notice of a transfer
nhirca nthr than MM cftmtna tn htm
through the collection of the charge from
his consignee, and as he Is not obliged tn
follow his shipment and make the trans
fer himself, ho Is entitled to the protection
afforded by a published definite rate.
The commission further decided In thl
case that a carrier cannot excuse th col
lection of an unpublished and unknown
drayage and transfer charge In the proof
that tt had a rule which forbad the send
ing of its own car beyond its bwn line
during a period of car shortage and con
gestion of ' businee. This defense would
be especially unavailable where nd notice of
the rule, either actually or by rcforenn
tn a published tariff, has been brought to
the shipper.
CHICAGO, Deo. 10. Charles W, Baker,
secretary of the Live Slock exchange said:
We have been fighting this thing since
18&4. In that yesr we secured a similar de
cision under the old law. Later, the su
preme oourt of tho United fctsies gave a
ruling that left matters somewhat uncer
tain, but gave us. the right to reinstate our
cnae under the new law, which went Into
effect laat year. The railroads may decide
now to tight the constitutionality of th
law, but we hardly expect them to do so.
DES MOINES. Dec. 10. Ringing resolu
tions condemning Chicago terminal for al
leged overcharging war adopted by th
Iowa Meat Producers' association In aes
slon her today. Resolutions asking for an
Investigation of the Inspection system wr
also adopted.
SOUL OF NATION NOW AWAKE
Japanese Marine Haa Takea All Trade
from British Navigation
Line.
LONDON. Dec. 10. Presiding at the an
nual meeting this afternoon of the Penin
sula and Oriental Steam Navigation com
pany. Sir Thomas Sutherland, chairman of
the company, had to make the disagreeable
confeaaton that the entire trad of the
line btt'veen Bombay and Japan had been
wiped nut by Its Japanese competitor.
Speaking of the startling stride made by
Japanese trade In the east, th chairman
said It seemed to him that th "soul of a
people that had lain dormant for centuries
had suddenly awakened to almost super
natural activity."
He said he thought the Japanese govern
ment, to a certain extent unfairly, was
forcing tha Japanese steamship companies
to lncreass their Bombay sailings, and th
result was that tho Peninsula and Oriental
company had been entirely left out In th
cold. ,
JAMES J. HILL DENIES RUMOR
Declare Report of Consolidation of
Bnrllngton with Greet North,
rrn Not New la Mind.
NEW YORK, Dec. 10.-Jamea J. Hill,
chairman of the board of th Great North
ern Railway company, denied absolutely the
printed report that his visit to Waehlngtnn
from which he returned yesterday, was for
the purpose of consulting the administra
tion regarding the future of the Burling
ton railroad. This rcsd I now owned
Jointly by th Great Northern and the
Northern Pacific, and It I said that Mr.
Hill ha long desired to make H a dart of
th Great North systsm. ,r , . . ,