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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 12, 1907)
Fhe Omaha Daim Bee Cn!y 11 DAYS Fcr Christmas Shopping Only 1 1 DAYS Fcr Christmas Shopping VOL. XXXVII NO. 152.. OMAHA, THURSDAY MORNING, .DECEMBER 12, 1907 TWELVE PAGES. SINGLE COPY TWO CENTS. .' 1 5 LUMBER RATE CASE Interstate Commerce Commission Be gins Hearing Northwest Complaints. MILL MEN OBJECT TO BABE ' They Say it Cuts Their rrodncti Out of Middle West CHARGE OF Cf"SPTBACY MADE Hill and Harrii y ised of Making Eleg-a VV'ct. POSITION or 1 ULE0AD3 i a Rut ' That c. r. Thelf Attorney Say" ' Wu Hot Comrmt, Atrnira Is Justin Condition. WASHINGTON, Dec. 11. Rate cases Involving larger financial Interests than any aver heretofore brought to 'the at tention of th Interstate Commerce com mission now are being; heard by the com mission. While only four complaints are Included directly in the present hearing, several other are dependent on the find ings In th pending; cases. The lilttory of the cases heretofore has been written. In brief, It Is that the rail road lines of the west and northwest de termined several months ago to advance their rate on manufactured lumber from northwest Pacific points Oregon, Wash ington and Montana to the east and aouth. The rates proposed were made ef fective on November 1 of this year. In the regular way these rates were filed with the- Interstate Commerce commission. They allowed an increase of from 6 to 10 cents a hundred pounds on lumber shipped from northwest Pacific points to eastern point and a. much larger Increase from Oregon and Washington points to Sun Francisco bay points. These propoaod rates the shipper declared to be unjust, unreasonable, discriminatory and prohibi ts.1 They assorted that If the advance In rates was put Into effect they would have to go out of business. In fact. It was acknowledged In the hearing today that the lumber mills of Oregon an.l Washington had been compelled to close down because they were unable to ship their products on account of the advance lit freight rates. Long Mat Plaintiffs. . The cases now being heard are those of the Oregon ana waemngiun tJ"""-' ufacturera' association and others against the Union Pacific Railroad com?any and others: the Pacific Coast Lumber Manu facturers' association and others against the Northern Pacific nailway company and -others; the Western Oregon Lumber ' Manufacturers' association against ' tho Southern Pacific Railroad company 'and . i . . i 1 w.,hlnf mA otner , wjmi in, bwmvi," Lumber Manufacturers' association and other against the Northern Pacliio Kail way company and others. Brach one of the comulalnanjs alleges an unrensonatilP aavance in ri products from ths northwest Paciflo states to various other points In the United States, and the defendants in each case Include the most Important lines of rail way In the wast end northwest. Conspiracy Is Charg-ed. It Was ststed In the opening of the hear ing that the pomplalnants would prove that the so-called 1UU lines and Harrlman linos had entered Into a combination, or con jplracy, to advance the rates on lumber product through the medium of the trans continental freight bureau and that the rate were made without any reference to . competitive or to financial conditions. Th former rate In force were declared to be fairly compensatory to the railroads, while tho uew rates were declared to be the re sult, of an unlawful conspiracy In re ' stra'nt of trade and made for the purpose . of extorting from the lumber men of the north Paciflo states a large percentage of their profit. The advance In rate was assarted to be abnormal and it was said they were put Into effect for the purpose of depressing the price ff lumber. .Many Mllla Are Closed. Tlio effect of the advance in rates, It is i.ated, ha been practically to paralyse toe lumber industry of the Pacific north west, In which hundreds of thousands ofl people are Interested and In which ten of millions of dollars Of capital are In volved. It was pointed out that the lum ber Industry In both Washington and Oregon was built upon assurance that the tallroads would maintain an equitable' rate - on lumber product. Many of ths mills had been compelled to shut down, but others wre running at a loss, merely because It was cheaper to do so than to close entirely. 'It Was pointed out, however, that 91 per cent of, the mills tn the Great Harbor district wer dosed down, because they could not do business at the advance In freight rates." On tho other hand, It was contended by the defendants . that the rates proposed were reasonable; that the rates heretofore In force were abnormally low; and that tha railroads were not Justified In continu ing a set o rates that is not compensatory. WESTERN UNION'S Directors Declare One ai DIVIDEND l llnr-Qsar- trr Per Cent la sued stock. V a la s' 1W YORK. Dec. 11. The directors of the Western Union Telegraph company to day declared a quarterly dividend of 14 per ' aeut, . payable in txk of the com pany. The company ha J2.KSO.000 of unis sued stock and the dividend will be pal,i by issuance of this stork to the amount required. . s The board adopted the following resolu tlon; Resolved. That the appreciation of the board Is due to colonel it. O. dowry ami li.u executive ortVr of ih company for the taut. discretion nd prudence with which they treated the situation arising rrom the strike- of operators, v PANHANDLE TRAIN IN DITCH Broka Kali or fief entire. Track iiy posed to lie Case at Accident. COLUMBUS. O.. Dec. 11. -The first sec tion of Panhandle train No. 29, the Key stone express, was wrecked last nlgM at FraarJ berk, forty-nine miles east of Col umbus. It Is stated that half a dozen pas-eiif- rs were Injured, none fatally. Tv.'o Tullnians and a day coaoa left the lallK, tUe Pullmans turning over on their sides. The cav.se of th aicldent is sup pu I to have been a broken rail or a o fectlr truck SUGARY OF THE DEE Thursday, Dwmbt 12, 100T. DECEMBER nit. wis " 1007 mi tT 1007 UN MOM 4 5 6r7 II 12 13 14 13 10 20 21 25 26 27 28 I 8 15 2 0 IG 3 10 17 22 23 24 29 30 31 THB WUTKZK. Forecast till 7 p. m. Thursday: TOR OMAHA, COUNCIL, BLUFFS AND VICINITY Probably rain or insw Thurs day. FOR NEBRASKA Probably rain or snow Thursday: cooler In wfnt portion. FOR IOWA- Probably light rain or mow lata Thursday; warmer In east portion. wnpprnture at Omaha yesterday Hour. Deg. 25 25 ..... 25 25 17 33 5 39 41 42 42 41 39 87 36 3e 6 a. m... 8 a. m... T a. m... 8 a. m... 9 a. m... 10 a. m... 11 a. m... 12 m 1 p. m... 3 p. m... 5 p. m... 4 p. m... 6 p. m.,. p. m... 7 p. m... 8 p. m... 9 p. m... DOMXBTIC. President Roosevelt Issued a statement declaring that he would not accept au other nomination for the presidency. Pag 1 Department of Justice abandons Idea of prosecution of Union and Southern Pa cific roads for violation's anti-trust law on promise condition will be changed. Postofflce department favors reappoint ment of 1L E. Palmer a postmaster at Omaha and both of the Nebraska senators want B. F. Thomas. 'Page 1 Senator Davis deliver a passionate speech at the capltol directed against the trusts. Par 1 President Roosevelt Is anxious to as certain the actual conditions In Goldfleld. Commissioners Smith and Nelll, with Sec retary Murray, have left to make 'an In vestigation. J Pag X T. O. Sadller, manager of the West End branch of the California Safe Deposit and Trust company, blew off his head follow ing disclosures of the bank's condition. Pag 1 Democrat will hold tho session .of the national committee today. Chicago seems likely to capture the convention by de fault Pag a Mayor-elect of Boston will have demo cratic council and Board of Aldermen. Par 1 Judge Smith McPherson ha enjoined the law reducing express rate tn Missouri. Page 1 Harrlman la reported sick with cold. Pag 1 Stuyvesant Fish made hurried trip to Chicago, where he will be on hand for the coming contest for control of the Illinois Central. Par X Harry Orchard tell again hi story in the Pettlbon trial. Par X Interstate Commerce oommission Is hear ing the lumber rat case. Pag I Emperor of Japan receives representa- tiv of Russia in audience. . Pag X Queen Sophia Of Sweden Is HI, following the strain Of the death of King Oscar. .-. k Par X STGBsVASXA- Interstate Commerce commission has fixed the Wyoming-Nebraska coal rale hearing for December IS at Lincoln. Pag 3 MOYXarEHTS OP OOBAH STEAMSHIPS. Port. NEW YORK .. ArrtTrt. Sal lea. ..Rrnaatn ' Minneapolis .. President Oranl .. Lithuania. ..RepuDlle Komlgon Loulas. .. Saxoala. ..K. P. Wllhelm .. M Irani la. UONDON PLYMOrTH .. KOTTERDAIt GIBRALTAR . LIVERPOOL .. bREMEN BOSTON INDICTED ON PERJURY CHARGE Geaeral Manaarer of Green Cananea Company Most Stand Trial la Arlaonav. . GLOBE. Ari., Dec. 11. Th five indict ment returned last week by the federal grand Jury and placed on the secret file were against Dr. , L. R. RlcketU, formerly superintendent of the Old Dominion Mining company, and now general manager of thu Greene Cananea company. One is lor per jury and four sre for subornation of per jury in connection with alleged land frauds In New Mexico. Rlckett Is at present fn Cananea and no warrant ha been served. Ball was fixed at $10,000 by Judge Nave. CARSON CITY. Nev.. Dec. lt-Te.terday In the United States district court Judge Fariington pronounced sentence on the Williams brothers, one a stats senator, for illlegal fencing of federal land In - the eastern and northern part of the state. On four Indictments, each was sentenced to pay a fine of 1100 and serve twenty-four hours In the Churchill county Jail at Fallen. On another count George Williams was sentenced to pay a fin of 00 and serve twenty-four hours in Jail. The fUies were promptly paid by the two men 81 soon as court adjourned. WIFE WEPT, HUSBAND IS DEAD New York DowUnir Expert Leap ta Death Down Daub Walter Shaft. NEW YORK. .Dec. 11. Because h and his wife of two months quarreled over his desire to spend his evenings at his bowling club Jacob Victor killed himself last night. Victor, who enjoyed a local reputation as a bowler, told his wife at supper that his club was to howl a match game last night and needed his help. She burst Into tears at his desire to spend the evening awuy from her. Victor, saying that If she was tired of married life so, was he, rushed from the room. She followed hltn up five Rights of stairs, where, h burst Into the apartments of a family he did not know, threw open the. door of the dumb waiter and Jumped In. His wife was to close to him that Bhe grabbed his foot, but he kicked himself free, plunging to the bot tom pf the shaft. He as Instantly killed. WALSH TRIAL GOING SLOWLY Early ' Testimony La reefy Afcaat Idratl Acattoa ' of Book aad ravers. ' CHICAGO, Dec. 11. The early teatlinony in th Vial of John R. Walsh consisted entirely of the identification of books and papers which had been used In the various enterprises of Mr. Walsh. I-outs K. Hart, secretary of the Indiana Southern Coal company declared that he had purchased Cock In that- company, but that th money with which he paid fur It was fur iiialied by Mr. Walah. DAVIS ROASTS TOE TRUSTS Arkansas Senator Takes First Oppor tunity to Speak at Washington. REJECTS ' FOOD FROM MAMMON Spoetavnlar Addresn Mad In Favor of Ills BUI Dolnar Away tHb Combination ta Trad. WASHINGTON. Deo. 11. Senator Jeffer son Davis of Arkansas went to the capltol today carrying a large dress suit case filled with document he wished to have on his desk for reference during his speech on trust. He was at his desk almost an hour before noon and before th arrival of any other senator. . When Senator Davis secured the floor and began his address all of the senators, both republican and democrats, were In their seat and they gave strict attention to his remarks. The galleries were filled with spectator. Senator Davis delivered a passionate ad dress. After declaring that his bill, rigor ously enforced, would kill th trusts, with dramatlo effect he challenged any senator to step forward and contest the Issue with htm. Senator Davis began by declaring that It was not hi purpose to restrain his seat In the senata- until his hair shall have grown gray before taking his work actively In that body. "I undertake to say," he continued, "that If this bill Is enacted Into a law, and fear fully and honestly executed, trusts will be wiped from the face of th earth and no linger will we feel their grinding and destroying grip on the arteries of trade and commerce." A domestlo corporation found fixing the price of any article would, by hi bill, he said, have It charter ' forfeited ' ami a foreign corporation guilty of such an act would not be allowed to do business In the United States. Congress should not hesitate In It work of destroying the trust because of any fear of unsettling business, he continued. He spoke of the Sherman anti-trust law. "Has It proven effectual?" he asked. "Has It destroyed a single trust t The Hand of Mammon. ' Ah, Mr. President, It was stated by the metropolitan press before I entered this august body, flippantly too, that before I had been In the senate six months the trust magnates would have me feeding out of their hands. I may share crumbs with a Lazarus, but I swear to you today, by every God in the calendar, that I shall never eat from the hands of mammon. When we look to the leading cause for this great wealth upon the part of these great corporations, and the causes leading to their formation, to the formation of trusts, we are compelled to go no further than republican authority Itself and take the sworn, testimony of Mr. Havemeyer, the great sugar kmg, who has gone to his reward, be It good or bad. who has gone to that land and that clime where St. Peter does not take "sugar in hi," and Where money la of no value. He read Mr. Havemeyer' statement bo fore the Industrial commission that "the tariff I the mother of trut." "Under the operation of thl system of government." he said, "flfty-ono men In the United States, multl-mllllonalrws. if you please, have amassed a total fortuna of 3.6.0.o00. Of thl fifty-one, John D. Rockefeller, the oil king of th world, leads wrth 1000,000,000, Andrew Carnegie, the steel king of the world, foll6w with half this amount." Wealth of tho Nation. The secretary of commerce and labor had calculated, he said, all the property owned by 89,000,000 American cltlsena Is J107,WO,000.000. so that these fifty-one cltl ens own ne-thlrty-fifth of the entire Lwealth of the nation. He declared that while he is an alarmist, he la not. an anarchist or a 'socialist. He favored imprisonment for rich law break er, i "There Is too much gold." he declared; "there I too 'much glitter; fhere I too much gloss; there I too much of tinsel and I ay, sir, that unless times and con dition change It will not be long before the American statesmen will be wearing knee breeches with brass buckles and pow dered wigs and bowlrg down to semi royalty." Speaking of the great expense of the government. Senator Davis said: Our president, and I speak of him In the most respectful terms, besides his salary of SMi.OCO a year, and I say that that Is not excessive, Is paid by this congress $2S,0CO a year for traveling expenses, and approximately $113,000 annually for living expenses. Ah, Mr. President, this Is enor mous. This Is unreasonable. The prtwldent of the United States has five children, I believe. It Is true that he should live In accordance with the dignity of theposit1on whirlf he oocuples the greatest executive on the face of the earth, but Mr. Presi dent, I have the president "skinned a city block" In the matter of family. I have eltcht children, and It doesn't take $113 000 for my living expenses. No, sir, the great est president that ever lived upon this earth, that was ver Inaugurated in this capital. In my Judgment, was "Old Blue Jeans, Old Hickory Jackson," who rode his horse to the White House dressed In a suit of blue Jeans. He denounced stock gambling and said h would do away with gambling In cotton, grain and the necessities of life. HIBBARD'S OFFICIAL FAMILY Mayor-Elect of Boston Will " Hare Deinocratlo Conncll and Board af Aldermen. BOSTON. Mas., Deo. H.-rMayor-elect George A. Hlbhaid, republican, will have in office with him during his two years' tenure a board of aldermen composed of seven democrat and lx republican and a common council with forty-six demo cratic members and twenty-nlii republic ans. The complexion of tho board of al dermen is the same as that of the last two years, while the democrats lost two mem bers in the common council. The tabulation of the liquor license vote, completed today, shows yesterday' vote was: Yes. 44,030; no. 27.C34. The vote In 1906 was: Yes, 43,2:1 ; no, 18.610. The Incresse of 9014 votes for no license materially Increases th total prohibition vote ot the state. TESTIMONY OF PRIZE FIGHT Governor Canamln Mill Testify To morrow Concerning- Case of Captala Kalp. DES MOINES, Dec. 11. In the court martial of Captain Kulp for disobedience of order today witnesses were examined with a view to prove that a prlxa fight and not a boxing exhibition took rlace at Davenport on the night of November 21. Captain Kulp' defense Is that he had orders to prevent a prise fight and htat the exhibition, which took place on the dots mentioned was not a prise fight, but an ex hibition clearly within the confines of th law. Wltnesse testified a to gate receipts and also to the filing and delivery of mes sages from Adjutant General Thrift to Cap tain Kulp. Governor Cummins will prob ably testify today or tomorrow, . MORE FELICITATIONS PASSED Oriental Aiumrtatloa Dinner at Tokla Mean for Renewed Amnrnnee f Friendship. TOKIO, Dec. 11. The annual meeting of the Orient a? association, a Japanese or ganisation, was held here laet night. The American ambassador, Thomas J. O'Brien, M. Gerard and Count Okums, leader of the progressive party, were the guest of honor. M. Kuroka presided and toasted "America." Ambassador O'Brien, In re sponding, said that the cordiality shown to the ambassador from America, together with the chairman's expression of the fraternal relation existing, between Japan and America, "would do much to satisfy that peculiar element on .both aide of th ocean which for some reason would prefer discord and disagreement between ho two nations." Count Okuma followed with a speech In which he voiced In the friendliest term expression of .gTatltude for the benefit received from America and his conviction that the hitherto unbroken friendship of the two countries would continue. Prince Ito wired hi regrets that he could not bo present at h meeting, more spe cially because of jthe presence of Mr. O'Brien, the American ambassador. WIRELESS FIEtD GROWS WIDER Kiev Station In Russia Plrks fTp Mes ingei Sent Across At- lnntle. i ST. PETERSBURG, Dec. 11. Th Kiev station of the wireless telegraphy line which the government I constructing to connect Sebastopot with St. Petersburg, has succeeded In picking up Marconi trans atlantic messages. Including a number of pre dispatches vent from the American side. Message transmitted from Paris and Casablanca also have been picked up. The wireless system us-d has given ex cellent results. Mr. Taft, the American secretary of war, was approached while in this city for permission to Install wireless communication between Shanghai and Manila. The - distance to Kiev from Glace bay, the point at which the Marconi wireless message ar started for Ireland, Is ap proximately J.7D0 miles. Stray wireless message have previously been picked UP at a distance of 2,600 mile from their point of origin. SHIPOFF INTERVIEWS MIKADO Rnperar of Japan Receive In Andl ence Representative of Rus sian Interest. TOKIO, Dec. Jl M. Shlpoff, former min ister of finance of Russia, who has spent several days In; Japan promoting Russian trad relation, ;was received In audience by the emperor" today. The 'emperor ex pressed a deslr4 for the most friendly re lations between j Japan and (Russia. Later M. Shtpofr left for China. In an interview with th Associated Pre M. Shlpoff aald that there wa abso lutely no foundation for the report that he Is to be tho future Jlueslan ambassador at Toklo. In all ptcfbabiltty, he thought. Minister Bahbameteff would continue to act a. TAuas. n rVnrtxtallvo when th legation wasaled. FURTHER NEED FOR STEVENS American Who Had Advised Japa nese, Abroad Will Come to "" Washington. TOKIO. Dec. H.-U Is stated that In all probability D. W. Stevens will go to Wash ington a the advisor of the Japanese am bassador. Mr. Stevens came to Japan thirty years ago as junior attache of tho American legation. He afterward entered the service of the Japanese .government and ha since received the highest recog nition of his services.. He was recently foreign advlaor to Prince Ito In tha Corean undertakings. Mr. Stevens Is well known at Washington and he has a thorough knowledge of th people and affair of both countries. JAPANESE CHANGE DIPLOMATS Retirement of Viscount Aokl Calls for Rearrangement of StaS of Minister. TOKIO, Dec. 11. It is authoritatively stated that Baron Ishtl will be appointed vice minister ot the Foreign office to suc ceed Earon Chtnda, who will probably represent Japan in Austria, Baron Uchida going to Berlin and Kelroku Tsuxukt to Rome, where he will succeed Baron Taka hlra, while Yamaza, the head of the polit ical bureau of the' Foreign office, will be consul general at London. The program of diplomatic changes will not be officially announced until tho arrival of Prince Ito. CHINESE TROOPS SUCCESSFUL Win Bnck Stronahold Recently Cap tured by Imsrgesla In ' Klnnai Si. CANTON, China, Dec. 11. The three strongholds between Lungchow and Lang son, In the province of Klang 81, which were taken recently by Insurgents from Yung Chow, have been recaptured by tho Imperial troops after sanguinary engage ments lasting two days and nights. There were heavy losses on both sides. QUEEN SOPHIA IS TAKEN ILL Strain Incident to Death of KlnaT Os car Sever t'poa Her Majesty. STOCKHOLM, Dee. 11. The condition of Dowager Queen Sophia Is occasioning anx iety. The strain upon tho queen Incident to the Illness and death of King Oscar was very severe and since his death she hus been almost copUantly confined to her bed. ' Prince Talon Kutertalned. TOKIO, Dc. 11. Prince Pulun, the spe cial envoy from China, who Is now return ing the recent visit of Prince Fuahlml to China, was magnificently entertained by Baron Goto at the leading theater tonight. Over 1,000 people were present. Including the diplomatic corps, making a moat bril liant audience. Court dress was worn by those present. Daty on Snaar Reduced. VIENNA, Dec. 11. The budget committee of the Reichsrath today approved the bill reducing the duty on sugar by S kronen. Standard Kvadlaa- Execntloa. PENSACOLA. ria.. Dec. 11 Fearlna tla. the vessels rnifrht be seised on the Juua-mnnt secure! i---r the company by tho stale of Texas um Standard Oil com lay today ordered the steamer. Captain A, F. Lucas, and bark No. 96 to proceed from tills port to sea and not to come wlililn three miles of shore until further ordi-rs were received. The vessels, both of which are among the Ittrgrxt of the oil carrying fleet of the company, had Just returned from London, where they carried an immense quant ry of oil from Port Ar thur. The veasels ar now anchored off I'eusacola, bar awaiting wlrelus oideir- PACIFIC ' ROADS CO CLEAR Prosecution Under Anti-Trust Law is to Be Abandoned. FIGHT 0YEE OMAHA POSTMASTER Department for Reappointment of Pnlmer, bat Ruth of Senator Are for B. P. Thomas Gamble and Klttredge Lack Horn. (From a Staff Correspondent) WASHINGTON, Dec. 11. (Special Tele gram.) Prosecution . against tho Union Paciflo and Southern Paciflo railroads, growing out of anti-trust Jaws, ar likely to be stopped by the Department of Justice, according to a rumor current tonight. Th combination between tho Union Paciflo and Southern Paciflo, alleged to be In restraint of trade and . which prompted the . De partment of Justice to begin an action against the Harrlman Interest, seems in a fair way to be compromised, represen tation having been made to Attorney Gen eral Bonaparte by Mr. Harrlman or by those representing him that action will bo taken by the president of the Pacific rail roads looking to th termination of their Interests In order that they may become Independent of one another within th meaning of the anti-trust law. : Attorney General Bonaparte believes that If Mr. Harrlman should bring about a dissolution of the close connections between the Union Paciflo and Southern Paciflo and become Independent factors In the railroad situation the prosecution would be inad visable and that there would be nothing to prosecute. Post mastership Bother Senator. Senators Burkett and Brown of Nebraska were advised yesterday that th commis sion of Postmaster H. L. palmer of Omaha would expire January 22 and that so far a th Postofflce department 'was concerned and unless there were special reasons why Captain Palmer should not be reappointed the department will recommend hi con tinuance in office. This official notice from the first assistant postmaster general com pelled the senator to "alt up and take notlca." After a conference they decided "to beard the lion In his den, the Douglas In hi hall," and they moved down upon Mr. Frank Hitchcock with a statement that they were for B. F. Thomas, who had th support not only-of the business interest of Omaha, but that of the republican or ganisation as well. Then the first assistant postmaster general unburdened htmself to the extent of saying that the policy of the Postofflce department had been settled In favor of a man whose record was good and against-whom charges had not been mad. Mr. Hitchcock atated that Captain Pal mer' record a postmaster wa first-class and. that o far a the department wa 'concerned It saw no reason why he should not be reappointed. Then it was that the senator from Ne braska realised that unless they could bring stronger pressur to bear than the sup port of the organisation a change would be frowned upon by ths Postofltc depart ment. (Realizing -that they were against a proposition that ha a "kick" to It the senators retired to taka an account of stock and decide upon their futute action. Feel They Have Been Slighted. So far as the senators are concerned they do not know that Captain Palmar I candidate for reappointment, except a he has bo stated to them Individually, all hi testimonials being addressed to "Th presll dent of the United States," Instead of to either Senator Brown or 8enator Burkett or both combined. While the senators proba bly would spurn the Idea that they resent the manner In which Captain Palmer ho proceeded in securing endorsement for his reappointment there Is a senatorial cour tesy uppermost which cannot be disre garded, and In consequence there Is some feeling on the part of the senators over the appeal to the president rather than through themselves.. kVlth this condition confronting them it la safe to assume that the Nebraska senators will take a much more pronounced stand on tho postmaater shlp for Omaha than they did in their In terview with Assistant Postmaster General Hitchcock .yesterday, and they may even go so far as to say that Captain Palmer's nomination will be tantamount to a Jectlon by the senate should his name be sent In. Then again, the president may fall to s-nd In any name for postmaster at Omaha, which will permit Captain Palmer to continue in office until hi successor is I confirmed. St. Lout is going through a somewhat similar fight over it postmaster In the St. Louis case the present postmaster ha the Indorsement of the postofllo depart ! menti but theer republican congressmen from that city and Senator Warner have recommended another man for the place. It la understood that the president takes the position that the appointment of another than the present postmaster would be an admission that the postmaster Is In competent and would be a triumph for his enemies, who Include a well known pub lisher In that city, and he Is loath to take that stand. The Omaha and St. Louis cases are types of difficulties presenting themselves to the Postofflce department and show how the legislative branch of th government is becoming, involved over methods of pro cedure with the executive branch. In the Omaha case all signs point to a long drawn out contest unless the two senator can per auade the president that the order of the Postofflce department regarding reappoint ments Is Injudicious. Senators Gamble and Klttridge locked horns today In the senate committee on public lands relative to the appointment of registers and receivers for land offices In South Dakota. Senator Klttridge filed a statement with the committee, accord Ing to an' interview he had tonight with The Bee correspondent, that he had no ob lection to the confirmation of any land officers appointed by tho president and sent to tho, senate for confirmation. Penator Gamble asked that -the nomlna tlons go over for a time upon the theory that if one set of office' was to be aon firmed other officers of the federal jrov ernment should also be Included In the general confirmation, hoping thereby to secure the confirmation of Mr. Waggoner, present United States district attorney. who Is being bitterly fought by Itirlige. Complicated as the South Dakota situation was before. It Is sttll more comoltcaled now and the chunce are that theri will be no confirmations of any of these notn- lnatl3 for some time to come, those in ,ce holding onto their Jobs indefinitely. Senator Gamble has an advantage over Senator Klttridge, being a member of th public land committee of the senate, and under that vague thing known a "sena torial courtegy" he can command the land offices. But Senator Klttridge ha salo an advantage, being a member of the com. mitle on Judiciary to which United Slate District Attorney Waggoner turn Inatlon must gor for report. Both sena- (ConUuued on Second Page.) MITCHELL CONVENTION CITY Com In - Winter Will Be rally Occu pied Entertaining- Varlon State Associations. MITCH ELI S. D., Dec. 11. (Speclal.)- Durlng the winter season Mitchell will be busy In entertaining the various conven tions which will assemble before th open ing of spring. The first convention sched uled for the winter month Is the South Dakota Corn Show and Breeders' associa tion, which will be held commencing TUe. day of next week, lasting three days. Thl Is held, under the direction ot expert corn growers and the on that wa held a year ago waa so successful that th ofUoer decided to make It a permanent affair, and thl year have offered larger cash prem ium to bring out the exhibit. Following thl comes the South Dakota Telephone association, which Is scheduled for a two days' meeting, commencing January . The telephone Industry ha developed in all part of the state to a wonderful de gree in the last five years, and from every little village rural telephone line have been run and are today on a paying basis. The manufacturer of telephone up plle 'will be largely represented at the convention and half of th city hall audi torium will be used to make a display of their goods. Following th telephone men come the Improved Llv Stock Breeder' association for the latter part of January and continuing over one day In February. When the stockmen assemble In Mitchell for the next meeting they will be greeted by an enlarged building, which waa built Isst summer, and about $3,000 waa ex pended In making the sale pavilion larrer. Ever since the building was first erected the sale pavilion did, not anywhere near accommodate the number of buyer who were present, but It is figured at thl time that there will be nearly room enough. It Is expected that next year the room for the cattle, hogs and sheep will . have to be enlarged, should the high standard now required for stock be lowered a trifle. During th same week of the stock how the South Dakota poultry Bhow will be hold In the city hall building, the success of which as the years have gone by ha been something remarkable. W. 8. Snyder of Ethan was elected preseldent of th association, to fill the place made vacant by the resignation of J. E. Redding. MORE BANKS ARE RESUMING Three Small Institution ta Missouri and Kansas Open Door An-aln, 1 KANSAS CITY, Dec. 1L Three additional small banks In Missouri and Kansas that suspended following the closing last week or tne National Bank or Commerce are to resume. They are the Union Avenue Bank of Commerce of Kansas City,- a branch of the National Bank of Commerce the private bank of a A Becker at Stotesbury. Mo., deposit about $?0,000, and the State Bank of Admire, at Admire, Kan., with deposits of $100,000. . ' The Union Avenue bank when It closed had $120,000 upon deposit In th National Bank of Commerce. The stock holder and patron are to make up thl amount, and the bank may resume thl afternoon or tomorrow. R. M. Cook, Missouri state bank examiner, who Is b'ere, ay: . , "Ther 1 nothing whateve to prevent the resumption of the Colon Avenue bank. Mr. Cook also said that the private bank at- Stotesbury would reopen within a few day. The Stat Bank of Admire when It closed had $28,000 on deposit In the National bank of Commerce. This amount has been covered by stock holder In the Institution and Bank Commissioner Royce of Kansas, ay It wfll reopen some- -4Une today. With the reopening of these three bank all of the small banks In this part of the country affected by the National Bank of Commerce failure will have resumed. CHICAGO, Deo. 11. A member of the Chl cagd Clearing House committee stated last night that Chicago banks are not a party to any plan for rehabilitating the National Bank of Commerce of Kansas City. James B. - Forgan, chairman 'of the committee, said: "Po far as Chicago banks are concerned, they have nothing to do with any attempt which may be made to reopen the bank." President John J. Mitchell of the Illinois Trust and Savings hank, who is a member of the Clearing House committee was also positive that tho schema to reopen the Kan sas City bank did not Include aid from Chicago Institutions. ORCHARD TELLS STORY AGAIN Appear Little Chaua-ed in Court and Give Testimony la Pettl bono Case. BOISE, Idaho, Dec. 11. The announce ment that Harry Orchard would be called a a witness In the Pettlbono trial this morning caused the presence of many spec tators, a large number of women being present. Orchard was called as the first witness and he promptly entered, accom panied by two penitentiary guards. He wa dressed In a neat business suit and in gen eral appearance showed little change sine the Haywood trial. The witness was per fectly composed as he answered the ques tions put by Jume H. Hawley of th prosecution. The early life of Orchard In Canada was touched only briefly. The witness stated hi truo nsme a Alfred E. Horsley and his age a 40 year. A he testified Pettl b6ne and Moyer watched him closely, but he merely glanced In their direction. He told of driving a milk wagon in the Couer D'Alen country, of bring In the wood busi ness and of finally going to work In tho mines and Joining the union. In a very precise manner he narrated the events leading up to the tragedy of April 29. 1SS9, when the Bunker Hill & Sullivan mill was blown up by the members of the miners union at Burke. Gem and Wallace. T'uttlbone' name was brought Into the testimony for the first ttme when Orchard said that the defendant told him tn 1904 that the guns In the 1K99 riot were shipped by him In piano boxes from Denver. Orchard said he was one of the 1,303 men who took possession of a train and went to Wardntr. and th.t he touched off one of the boxea of dynamite, which blew the mill to pieces. He then told of the calling of troops and the exodus of miners from th district, the witness going to Butte, thence to Utah, where h remained until 1901, when he went to Cripple Creek, took up mining aaln and Joined the free coinage union. When the strike was called August 10, 1 S, he walked out with the rest and -said h engaged In "high grading," at the Vindi cator mln. Orchard then testified . that W. F. Davis, a member of the strike com mittee, asked him to blow up the mine, while nonunion men were at work la It, and he consented to do ao. First Electrocution la New Jersey. TRENTON. N. J.. Dec. 11 The first of ficial elec trocution in New Jersey occurred In the elate prison here a few minutes be fore S a. m. today, .;,eu S-rvario LI Giovanni, an Italian, raid the dearth penalty for the murder of Joseph Hanson, a fellow ccuiitiyinan at JFlarltan last September. The electrocution Was rranouueed a succes la vry way. AGAINST TIMID TERM President Roosevelt Restates Position on Presidency. FIRST AHNOTOCEIIENT REPEATED Execr-ive Adheres to Declaration Made Three Yean Ago. WILE FOLLOW WISE CUSTOM Unwritten Law Limiting" President to Two Terns to Be Observed, SUBSTANCE AJ3D NOT LETTER Bxecatlve Say That Under Wa Cir cumstance Will He Be m. Candl date or Accept Another Nomlaatloa. WASHINGTON. D. C, Deo. 1L-Prs1dent Roosevelt will not he a candidate for a third term. All doubt on this point waa tonight dispelled by the authoritative state ment from the White House that Mr. Roosevelt still adheres to the declaration of renunciation made on the night of the elec tion three years ago. In the statement is sued tonight. President Roosevelt say ha ha not changed and shall not change th decision communicated to th Americas people In 1904. It appear that President Roosevelt had been awaiting the call for the republican national convention to afford the proper opportunity for making his position clear and unmistakable, thua leaving the field clear for Taft, Fairbanks, Cannon, Knox. Foraker and other declared or receptive candidates for the republican nomination. The president' statement follows: "On the night after election I mad the following announcement: I am deeply sensible of the honor don me by the American people In thu expressing their confidence in what I have done and hav tried to do. I appreciate to tho full th olemn responsibility thl confidence Im poses upon me, and I shall do all that in my power lies not to forfeit It. On the fourth of march next I shall have served three and a half year, and this three and a half year constitute my first term. The wise custom which limit the president to two torms regards th substance and hot the form, and under no circumstance will I be a candidate for or accept another nom ination." ' "I have not changed and hnll Hot change th decision thu annouriced." FISH FOILS PL0T FOR DELAY Rushes for Train to Escape Proeea Server Who Wanted Him i M Wltacss. , NEW YORK. Dec. U.-Th World tat that Stuyvesant ' Fish' sudden departure for Chicago last night waa due to ht dis covery of a plot to hold blm In New TorX until after th election of director of th TWivels- Central' railroad. Which take pi so December 1$ in Chicago, -Aooordlng to thl story. M 'Fish discovered that a process ' server wa looking for him with a sub poena to appear a a witness In a case now on trial at White Plains. This case, tt I stated, will require several weeks to try and attendance there would prevent Mr. Fish' going to Chicago and voting th many proxies which are In his name and which he must vote personally. The fact that the subpoena had been Issued, th tory eays., became known by accident to one of Mr. Fish's frtvnds, who at once telephoned him. Thereupon Mr. Fish and his secretary were rushed to the Jersey City ferry (and caught a train to Chicago, It 1 said they went without baggage. l't had been announced that Mr. Fish would not go to Chicago until a day or two be fore the meeting. ' CHICAGO, Dc3. 11. Attorneys for Stuy vesant Fish appeared today before Judt Bull In the superior court and asked for a construction of ' an order, granted October IS on tho prayer of Mr. Fish, rem ruining 281,231 shares of Illinois Central railroad stock from being counted at the annval, election In any vot where they would prove decisive throughout the meeting. Henry W. Leman, counsel for Mr. Fish, asked that tho order be construed for the benefit of all concerned. He intimated that this action Was necessary because of n alleged erroneous belief on th part of the defendants, the Harrlman faction that the election on December. 18 no longer hangs on the lnjunctlonal proceedings. Mr. Leman said that he desred to give the defendants ample time to bring before the court the question of their right to vote all stock outstanding In their nam. HIS NOMINATION WITHDRAWN Conduct of Nominee for District At teraey In Orcgoa Ca satisfactory. WASHINGTON, Dec. II. Tt wa an-' nounced at the Department of Justice to day that the nomination of William C. Bristol, United States attorney for Oregon, which had been sent to the senate, would be withdrawn. In accordance with the de partment recommendation to the presi dent. The department' announcement say: Mr. Bristol's course with reference to th land fraud prosecutions In Oregon lias been unsatisfactory lo ths department, and the action of the department is due to this fact and to the attitude taken by Mr. Bristol In somn reoent telegrajibk) correspondence with the department.. In addition to the official announcement of reason which prompted the withdrawal of the nomination. It waa learned, that tn the opinion of the attorney guneral, Mr. Bristol did not exhibit the application and alacrity in disposing of the land fraud case that had been expected of blm, and that therefore hU service should be dis continued. The Impression was given that a successor to Mr. Bristol would be ap pointed without delay, but there wa no intimation a to whom It would be. EXPRESS CUT IS ENJOINED Judge McPherson Issue ReMralataar Order Affcrtlaa- Rates la Missouri. KANSAS CITY. Dec. 11. Judge Smith McPherson, In the Ur.ited States district court here today. Issued an order temp orarily restraining the Missouri stats board of warehouse and railway commission and Attorney General Hadley from putting Into effect the new law reducing express rate. Th order wa granted upon petition of six express companies, the Pacific. Ameri can, Wells-Fargo, Adams, United State and Southern. Th law goes Into affect January lt next, snd reduces express rate on an average of 21 per cent. A motion to make th Injunction permanent will be argued at Kansas City, Decembxr &. f