The Omaha -Daily Bee Only 5 DAYS Fcr Christmas Shopping Only 5 DAYS Fcr Christmas Shopping VOL. XXXV11 NO. 158. OMAHA, THURSDAY MORNING, DECEMHER 19, ' 1907 TWELVE PAGES. SINGLE COPY TWO CENTS. FLEES' UNDER FIRE Colonel Gurko . Maks This Charge Ajrainst Gtneral St" s. REFUSED TO OBE EES Message to Turn Commana to Smirnoff Disregarded. y ORDER REPEATED THREE 1 Finally Allowed to Stay Became -of Good Work in Defene. WOULD ABANDON PORT ARTHUR Fact Brought t Light That General Kouropatkln Advised Tkli Coarse Before tho War Regan. ST. ,PETERSRURC1, Dec. IS.-Llentenant General Hloessel wan accused today of having shown tli whit fenther under fire on two different occasions. This accusa tion was made by Colonel Gurko. who was on the stand aa a witness before the court martial which Is trying the gnneral for lila alleged failure In the proper defense of Port Arthur. At the moment the charge was made the court was investigating the circumstance , of General Kouropatkln's order dated June 18, 19)4. in which General Stoessel was told to turn over the command of the garrison to General Smirnoff and Join the Manchurlan army. General Stoes rol jrlfcrcgardHI this order and It was re pented three times. ' He suppressed the copy of the order addressed to General .Smirnoff and Anally was allowed to re train ut Port Arthur. Gemini Ko6ropatkln testified that early In May doubts hud arisen aa to the fitness of General Stoesrcl to command the for tress owing tu Ills nervousness. Thi Idea v as sii otigrVoticd lv communication sent by Gene: si mirnot. to his aide, Colonel C.url:o, that Stor.rwel was a coward and not to 1"' hta head during an assault and that it m'.'.ht be necessary to place him under arrest to prevent the fall of the fortress. General Kotiropatkin after ob taining confirmatory details of this state ment from Colonel Ourko, sent the order superseding Qnera! Stoessel. Answering General Btoessel's query as to what grounds he had for making such a statement to General Kouropatkln, Colonel Gurko related two Instances In which Gen eral Stoessel had ordered his staff to scat ter under fire, himself heading the dash for shelter. Order Takes from Files. Colonel Golovan. who was In charge of t'he coding of messages to Port Arthur, es tablished the receipt by General Btoessel of General Kouropatkln's orders. He said he gave the order for deneral Smirnoff to u aum command of the fortress to General licit, who. niter conferring with General Stoessel, directed hm to remove the copy -f roiu.... the allies. ,JJd-.suppress .h record thereof. " l)tily"Tlve men In the T0tTerf ' knew1 af this order. The' Ic-stimony brought ts light the sur prising fact that General Kouropatkln, be fore the war. had recommended tho aban- donment of Port Arthur and the restora- tlou of tie Kwang-Tung peninsula to tho Chinese, who were to pay IU5,tW0.0l for It. He considered thut the opening of Port Dalny destroyed the strateglo Importance of Port Arthur. General Kouropatkln satd he had finally decided not to Interfere with General Btoessel on account of his unex pected success In .holding the fortress, which theoretlonlly required 129,000 men to be defended successfully. LIGHT AT LAST FOR THIBET lloiue of Grand I.Aina 'Will. Soon Be Gladdened by Presence of Newspaper. PUKING, Deo. 18. The throne has sanc tioned the construction of a telegraph line Into Lhassa, the capital of Tibet and the residence of the supreme head of the La icalst hierarchy. This Innovation was rec oimendtd' by the. Chinese resident at ' iihfh, who, since tho advent of the Brit , expeUulon of lo4. has been working . v the enlightenment of the Tibetans. i',ie throne , furthermore will give hos pitals, schools and a mail service to Lhnsa. and It la reported that a request has been mado for permission to publish a newspaper there. FRUIT MEN PROTECT SELF Americans In Porto Hlro Are Protest ls Aaalnst Poor shipping Facilities. . BAN JUAN, Porto Rtco, Dec. 18. The American fruit growers of Porto Ktco, representing a total investment of about M.uun.rt), have organized for the purpose of securing redress from alleged mishandling of their goods In transit by the steamship companies running between here and Amer ican ports. ' Thousands of boxes of fruit reached New Tork in a decayed condition dudng the past few months and the reason Is declared to be Inadequate shipping facilities. PERSIA ON BRJNK OF TROUBLE ttnntlon Ralet, bnt Strained, Earn Sid Being: Armed for Conflict. THKIIAN, Dec. 18. Outside of a few Isolated killings snd robberies, there have been, up to the present time, no dis turbances of public order in this city. Nevertheless, the situation continues moBt strained. The constitutionalists are quiet, but determined ta flht If atttacked. They are well armed, while the supporters of the reactionaries, mostly muleteers and laborers who have come In from neighbor ing villages, have few effective weapons. NCVEUST PLEA0SF0R POLES Itenryk Slrakievt tea lasnea Address Aimed at Wcbenice of Prnsslnns Asmtnst f uaatrynten. PARIS, Dec. 18 The Echo da Paris prints an appeal which Henry Sleiiklewloa, the Polish novelist. Is adjresslng to the most eminent representatives of science, literature and arts throughout the world, ifklng thtn t protest against the Prussian jclume of forcibly expropriating the lands of tlie IVles In order to settle, Gorman upon them. This, Slenklewics declares," is ioiiKitUliig tbe Pules have done nothing to Juavrve. France Preserves Rlahta. UUCSsjlCLK. IVe. IS. France ard Bel gium have concluded a convention which provtdea for the maintenance of Frauce's preferential rights in the Congo attr the aainnsll " e! that territory to Belgium. SUMMARY OF THE BEE Thnraday, Perfinhfr 1 , 10OT. . 1 . . , ,M . I 1907 i DECEMBER mi una nil wto tmu 1007 'SI SAT I 2 3 4 5 6,7 8 9 10 II 12 13 14 15 16 17 18 19 -20 21 22 23 24 25 26 27 28 19 30 31 THE WI1TEIB. Forecast till 7 n. m. Thursday: For Omaha, Council Bluff and Vicinity fair Thursday; slightly colder. For Nebraska Fair Thursday. Fur Iowa Generally fair Thursday. Temperature at Omaha yesterday: Hour. ... 20 ... ... 10 ... w ... 'M ... IZ ... 24 ... 27 ... 29 ... 2 ... i; ... 21 ... 24 ... tl ... 211 ... 19 DOMX8TT0. All South Dakota appointments go over until after the holidays. Finish fight Is on between the two senators. 'age 1 Electric railroad managers ugreo 2 cents a mile Is least fare that will pay In Michigan. 1 Justice Gould regards his boycott de cision aa having wide Jurisdiction. rage 1 Cab drivers' strike in New York has been settled. JPie 1 Gold to the amount of fl09.000.000 has been Imported from England and the con tinent. Fags 1 Breweries of St Louis are forced to aid the Excise commission In restraining lawbreakers. Page 1 Chicago "get-rlch-qulck broker" must answer for "high finance." Page 9 George W. Austin of New Tork has filed an injunction suit to prevent the dis tribution of Panama canal bonds accord ing to the plans of Secretary Cortelyou. Page 1 Testimony In the Walsh trial revealed nearly $9,000,000 of bonds In his com panies In possession of hie bank. Page 1 Pennsylvania railroad raises Its divi dend. Page 1 By agreement the meeting of the Illi nois Central stockholders waa postponed until today. Pag a Persia is on the brink of serious trouble. Page 1 Fruit men of Porto Rico take steps to protect themselves against the risks of (shipments. Page a Chinese government has given permis sion for a newspaper to be established in Tibet. t Pag 8 Polish novelist pleads for the Poles against the Germanlsatlon scheme of Prussia. Page 1 XrBHASKA. la Follette'a manager appears In LJn PnTrf 'WTTTrglfhlre tfufia lnlnlercirBr WIS consln man's aenatorlal candidacy. Page 3 Reports of state institutions show that all are being maintained within the amount appropriated for them. Page 3 Attorney General Thompson holds the net weight ruling of Food Commissi iier Johnson Is good. Pag 3 X.OOAX.. President and Mrs. Guy W. Wadsworth entertain the Bellevue foot ball team at a banquet Tuesday evening. Page 4 Omaha bankers are eager to loan money, but Omaha merchants are not needing it badly, having no unusual obligations to meet. Page 11 Several women in the llanscom park district are worked by an agent for por trait firm and police are notified. Page 11 Postmaster Palmer declares postal sav ings banks would prevent the How ' of money from this country to Europe. Page 6 , Mrs. George II. Kelly gives largest enrd party of the season wltli more than 100 guests. ' page 5 COKMZBCIAXi AJT9 HTDTJtTBIAX. Live stock markets. Page Grain marketH. Pages Stocks and bonds. Page 9 MOVEMENT OP CCS AW STEAMSHIP. Port. Arrte4. aiU4. NKW YORK Clltornl Oceanic. LIVURPOOU ....trmnl HAMHl'HG Blur her HAY KB L Olirocnt MARSKIII.ES Madonna. 8T JOHN S rortioB . VENICE Eray TRIKSTE ITanr ,.,, ' LONDON" ..... .. M;.(lbiha . -.iVnvii .... ..K P. Cacclla (ll.AS'-.OVV .... liHEMUN REMORSE CAUSE OF SUICIDE Walter D. Gray Ends Life at Denver by Shooting; Himself In a Saloon. DENVER, Colo.. Dec. 18. Walter D. Gray, who shot himself In the head in the presence of twenty customers In a saloon here shortly after midnight last night, died at the county hospital this morning. He did not regain consciousness after shooting himself. At the bar of the saloon In which the shooting was done. Gray wrote upon a piece of paper the following address: "Walter D. Gray. 227 Kenllworth avenue, Chicago. 111." In his pocket was found the following note: "A man may give his wife a. piece of his mind If he chooses, but he shouldn't break the piece." Gray arrived in Denver last Monday morning and registered at a hotel. flute then he iiad been drinking heavily and yesterduy he was fined L5 on a charge, of drunkenness and disturbance. Evidence was given that he had threat ened the lives of the manager, clerks and bellboys in the hotel. He talked remorse fully but Incoherently about some disgrace brought upon his family. UNION PACIFIC TRAIN WRECKED Colored Porter Killed, Fred Powell Fatally and Others Seri onslr Injured. CONCORDIA. Kan.. Dec. 18. (Special Telegram. iVnlon Pacific pnsst-nger train No. 128 was wrecked six miles east of this city today and Charles Maker, the colored porter, was killed. Fred Powell, a lawyer of Washington, was fatally injured by having his skull split open and the con ductor of the trwln, Frank Wilbeit of Belleville, was seriously cut about the face and head. The mail and baggage car and two passenger coaches left the track and were badly smashed. The acci dent was due to a brokcu rail. CF Kb iVv., 10 a. m.. CDjttCi, St 11 a. m.. ft r K 12 m EJ '1 fl 1 p. m.. I IJ p. m.. I P. m.. I V 4 p. m.. r t J? I 9 p. m.. KNOX DRAWS LIQUOR BILL Measure to Prevent Federal Interfer ence With Local Prohibition Lawi. ACTS ON TILLMAN'S SUGGESTION Proposed Measnre "objects C. O, D. Parkaaea to I. a its of State Wss liter Cross the Line Cnlber- Talks on Finances. WASHINGTON, Deo. 18.-In the senate today resolutions were introduced by Sena tor Tillman asking the Interstate Com merce commission to report whether any corporation engaged In Interstate commerce is the owner of stock of any other cor poration'' transporting passengers and freight and calling upon the Interstate Commerce commission to define the author ity of the federal government and of the states In respect to the control of the liquor traffic through the operation of the interstate cqmmerce law. These resolutions provoked considerable debate and were finally referred to senate committees, though one of them was trans formed Into a bill by Senator Knox at the request of Senator Tillman.' Senator Culberson spoke on his resolu tion calling on the committee on finance to investigate and report on the cause of the present financial stringency and to reoom mend measures for the prevention of Its re currence. Tho resolution was referred to the committee on finance. . Tillman's Liquor Resolution. Senator Tillman today introduced the fol lowing resolution: "That the committee on Interstate com merce be instructed to consider and report by bill or otherwise what legislation Is desirable or necessary to enable the states In the exercise of .their police, powers to control the commerce of liquors and alco hollo beverages within their borders so aa to aid the cause of temperance and to pre vent the encouragement by the Unfted States government of Illicit dealing in the same." Mr. Tillman said his purpose was to prevent circumvention of state prohibition laws. Said -he: "The courts have held that these laws Interfere with interstate commerce. On thla account I ask this Investigation." Mr. Tillman said the express companies are flooding local option southern states with whisky from other states "C. O. D.," and the supreme court of the United States has held that such traffic cannot be inter fered with because of Its Interstate char acter. He said his resolution sought to define the point at which the police power of the state begins and determine how far congress can go in limiting the control over Interstate traffic In intoxicating bever ages. Mr. Knox Draws Bill. A general discussion concerning the powers of the federal government was precipitated. ' Mr. Knox suggested that the whole dif ficulty could be reached through a bill. "Draw one,?' suggested Mr. Tillman, whereupon Mr. Knox prepared an amend ment to the Wilson law. . . . Mr, Tillman tneit 'lthdrew his resolution and offered the Knox bill, which was re ferred to the committee on Judiciary. The bill provides that all Intoxicating liquors transported Into any state or terri tory or remaining therein shall upon ar rival within the state and before or after delivery to the consignee, be subject to the laws of such state. In the same manner as though such liquors had been produced In such state or territory and shall not be exempt therefrom by reason of being Introduced in original packages or other wise. Culberson Discusses Resolnllon. Senator Culberson discussed his resolution directing the committee on finance to Inves tigate the causes of the financial strin gency. He referred to the message of the president, In which he suggested the necessity of legislation in 4ho near future and said that either the president had changed his mind or that congress woa loath to carry out the recommendation. "I have noticed," said Mr. Culberson, "that statements from Mr. Roosevelt have not always been received with that degree of welcome as were those of his Illustrious predecessor, George, Washington." Mr. Culberson had read an article in "a Philadelphia paper declaring tnat banking laws had boen dictated by banking Inter ests. "It is said by some," he said, "that this ronditlon is due to the machinal ions of stock gamblers who would cripple com merce hi order to force the money which was In the Interior back to the east where It may be used for speculation." The resolution was referred to the flnai.ro committee. The senate today, on motion of Sr-nator Allison, agreed to adjourn until Satur day, and after routine business on Satur day to adjourn till January 6. HOI SE COMMITTEE!! TODAY Cnnnon nnd Williams Work All Day Behind Locked Doors. WASHINGTON. D. C. Dec. 18. When the house reconvenes at noon tomorrow (Thursday) Speaker Cannon will announce the remaining assignments of members to committees. The house will then be organ ized and in a position to get down to busi ness of the session immediately after the holiday recess, which will last frim Satur day, December 21 until January 6. Speaker Cannon did not complete his committee assignments until nearly 12 o'clock tonight. To insure the printing of the olllclal lints In time for tomorrow's ses sion, each committee teHe was sent to the public printer tonight as soon aa It was finished. John Sharp Williams, who by virtue of his minority leadership had the naming of democrats to the various com mittees, worked behind locked doors all of yesterday and today, and this evening sent his completed Hat to the speaker. The as signment tank was heavier this year than ever before for tffb ressons: The creating of about fifty additional cnmmltteshlpa by the enlargement of each committee by one republican and one democrat, and the fact that many members foresee In the speak er's selection an effect, real or fancied, on the presidential situation. Non-return of members of the Fifty ninth congress to the Sixtieth congress created lift vacancies in committees, not taking into account thev fact that Repre sentative H. Bird Cassel of Pennsylvania, though re-elected, has not yet become a member of the house, preferring, accord ing to his own statement, not to take his seat until the charges sgainat him In con nection with the capttol investigation at Harrlsburg have been chared up. Of tho lbs vacancies thus created, twelve are (lalrn.anaiilps. Additional committeeships Sjivlded for b enlargements of committee memberships brings up to a total of nearly 2Su the assignments to be announced by the speaker tomorrow: and the fact that, to (Continued on Second Page.) DECISION HAS WIDE EFFECT Just Ire Gnnld Regwrrts Boycott la- i nut'tion na ' Outsld Heat rain', n sr Acta le Washington. WASHINGTON. Dec 18.-Afler hearing arguments on vsrlous points In the case. Justice Ashley M. QoUld today signed the decree temporarily restraining and enjoin ing the American Federation of Labor, Its officers and all others, from interfering with the business of the Fuck Stove and Range company and from declaring and threatening any boycott against It. All attempts of counsel for the American Fed eration of Labor to modify the decree failed except In one particular, and that was to exclude from the order the Electrofypera,' Moulders' and Finishers' union No. 17, sgafnst which it was shown no specific allegation had been made. " Justice Gould took occasion to dwell upon the question of Jurisdiction. He said there would be no attempt made by the court to assume Jurisdiction beyond the confines of the District of Columbia, but that Its order was operative upon all persons de fendant who are within the District of Co lumbia. An act, ho said, committed by an agent or associate of one of these de fendants outside the District of Columbia could be held as the set of the person within the District of Columbia so ordering it and subject such person to the punitive power of the court. He believed the de cree should be very broad and that he need not be too specific. It was, ho said, not likely that the order would be misun derstood, because he was not enjoining Ignorant men, , but men who knew their rights, and he knew the law. Mr. Oora pers, he said, waa one of these. BREWERIES AID COMMISSION Official of St. Louis Calls Fpon Them to Keep Lid Down on Re stricted Days. ST. LOL'18, Dec 18. Excise Commis sioner Mulvlhlll announced today that every brewery In St.' Louis and East St. Louis, together with the four leading breweries of other cities having depots here, have formally made a written pledge to him that they will not sell beer or other supplies to any saloon or "lid" club which he places on a blacklist with which he will furnish the managements. The blacklist will comprise the names of saloons or clubs that violate the liquor law. "This agreement was reached after I had issued a call for a meeting of accredited representatives of every brewery doing business In St. Louis," Commissioner Mul vlhlll said. "I gave these gentlemen two alternatives: Either co-operate In uphold ing the law by refusing to supply Illegal clubs or expect to see less saloons In St. Louis." CHICAGO, Dec. 18. Judge Heap In the circuit court today declared that the de fense in Sunday saloon cases cannot intro duce or refer to the city ordinances per mitting open bars on Sunday. He as serted that the state law Is supreme and thet the city council cannot lawfully enact ordinances which conflict with any act of the legislature. The defense has based Its hopes of acquittal on these ordinances. RAILROAD. DIVIDEND RAISED Pennsylvania. Company Declare 8nl Annnnl Distribution of , Four Per Cant. PHILADELPHIA, Dec. 18. The directors of the PennKylvania company, which oper ates Pennsylvania railroad lines weet of Pittsburg, tody raised the dividend on the stock of the company from a to 7 per cent basis. They declared a semi annual dividend of 4 per cent. The last semi-annual dividend In Juno was 8 per cent. The directors of the Pittsburg, Chicago, Cincinnati & St. Louis Railway company, the Panhandle line, also controlled by the Pennsylvania railroad, today declared the regular semi-annual dividend of 2H per cent on the preferred stock and the regular semi-annual dividend of 2 per cent on the common stock. PHILADELPHIA, Dec. 18. The directors of the Lehigh Valley Railroad company to day declared the regular semi-annual divi dend of 2 per cent and an extra dividend of 1 per cent on the common stock. The usual semi-annual dividend of 6 per cent on tho preferred stock wjis also declared. The extra dividend on the common stock is the same as declared at the last dividend meet ing. The Reading company today declared the regular semi-annual dividend of Z per cent on the common sivek. VAIN SUITOR KILLS HIMSELF Younar Man Resorts to Bullet When III Smeet heart Rejects Ills Proffer. MISSOI RI VALLEY. Ia.. Dec. 18-(Spe-t!al.) J. M. Hoffman, 23 years of age, shot and killed himself this mornlngf because Laura Mooney last nlKht rejected his prof fer of marriage. The young woman, a waitress In a restaurant. Is in a state of hysteria as a result of the tragedy. It became known after the suicide that Hoffman had pressed his suit in vain last night with Miss Mooney and his action Is attributed directly to that disappoint ment. Ha went to his room a,t the home of William Neufind as usual last nluht, arose this morning at about the regular time, dressed In his good clothes and then sent a bullet into his heart. Daughters of Mr. Neuflnd, occupying an adjoining room, were startled by a pistol shot in Hoffman's room and a heavy fall immediately after. They ran screaming to their father downstairs. The father li istened to the young mm s room and found his boarder lying dead, face down ward, a pistol beside him. ! An inouest was ordered for this after ! noon. The only relative of whom friends i here have any knowledge is Ed. G. Daugh- erty of Alger, O., who has been notified. Hoffman was a laborer. CA3 DRIVERS RAISE PROTEST Object Seriously to Compromise with I Owner Mads by Their t oiumlttee. NEW YORK. 18-After twelve hours of strike the executive committee of the Cabmen's union agreed to a compromise with the owners and ordered the men bick to work. The men objected seriously to the compromise and a great majority demanded that the strike continue until thev got everything they had asked for. The com- I proniiae provides that t lie men shall re ceive IIS a wei W Instead of 814 w hich they now get, and the matter of hours be left to arbitration The men want twelve hours off every day, while the employers are will ing . to grant them on'y ten. When the BKfremcnt was announced the men became ; so violent In their objections to the com- prum's that the police Were called to drive the r.i out of the hall, which waa done with much difficulty. The drivers, however, in sisted that they would remain out In spite of the agreement wade by UioLr committee. CANAL BOND ISSUE ENJOINED G. W. Austin of New York Calls Secre tary Cortelyou Into Conrt BANK PREFERENCE QUESTION UP Declares He Is Prepared to Take Three Million Dollars Worth at 103.3TB When They Are Turned Over. WASHINGTON, Dec. 18.-Juslce Gould of the district supreme court today cited George B. Cortelyou, secretary of the treas ury, to appear tn court January S to show cause why he should not be enjoined from turning over or delivering the balance of the 821,460,000 of the Panama canal bonds to certain banks and persons to whom he he has announced allotments. The cita tion issued by Justice Gould Is based on a petition filed by George W. Austin of New York, who describes himself as a taxpayer and property owner In the I'nlted States and who declares he made a proposal to purchase bonds of the advertised Issue of the face value of 83.0CO.OOO. He avers he had agreed to pay 11(18.175 and accrued In terest per $100. and on notice of the ac ceptance of his suheciiptlon stands ready to deposit the amount with the assistant treasurer at New York. Mr. Austin Informs the court that he had been advised through the public press that In direct violation of the statutes and In absolute disregard of the Treasury depart ment's circular of the 121,000,000 of the bonds allotted, only 81,000,000 were allotted to per sons wtp were individual bidders and who In accordance with the statutes and said circular ware given an equal opportunity to subscribe therefor; the- remaining $24, 000,000 were allotted to divers national banks, and only $3,660,000 of which were al lotted to banks which had offered a higher price than that bid by htm. When he learned that his bid had been ignored and no allotment made to him. he says he complained to the department and the response convinces him of the secre tary's intention to disregard the statutes, and thereby commit a malfeasance, for which, he says, Mr. portelyou Is not a man of sufficient means to answer to the citi zens of the United States and to him. In his petition Mr. Austin also refers to the bid of one George A. Romar of New York City, who had complied with the terms of the secretary's circular In every particular, but whose bid was Ignored.. It Is stated that Mr. Romar offered bids tor A $1,000,000 at 103.26, $1,000,000 at 103.50, $1,000. 000 at 103.7S and $1000,000 at 104, and that a further bid for $4,000,000 was made by Mr. Romar at a price of 103.625. The petition concludes with the declara tion that by reason of the secretary's hav ing ignored these bids, the "United States and the cltlxens thereof, Irrespective of the rights of said bidder, had been deprived of and will be deprived and defrauded of several hundreds of thousands ef dollars." JEWELERS' BANK IS CLOSED Masanchusetts Institution Whose Via President: Was Fa4 Dead (Jo Ins; Over Books. NORTH ATTLEBORO. Mass.. Dec. 18 -The Jewelers' National bank of this town, whose vice president snd cashier, Fred erick 'E. Sargnant, was found dead in a bath tub In his apartments last night, failed to open Its doors for business today. A notice, posted on one door.i stated that the bank would remain closed pending an examination of its affairs. Bank Examin ers Alfred Ewer and Harry N. Currier are making an investigation. Medical Examiner C. S. Holden stated totly that he had not given tho cause of the death of Mr. Sergeant as "accidental drowning," as reported lust night, but sim ply as "drowning." Further than thla -he declined to discuss the case. According to the last statement of the bank the capital was $100,000; surplus and undivided profits, $40,360; deposits, $1,050,710, and loans and discounts VU7.760. , , The bank was the successor of the Attle boro National bank, which was organized for the convenience of the Jewelry trade In that district. Albert H. Wlggln. president of the Jewel ers' Nstional bank of North Attleboro, who lives In this city, said today: "The sudden death of Cashier Sergeant naturally excited suspicion and caused an immediate Investigation of the condition of the bank. This shows that Mr. Sergeant has exceeded his authority and that, with out the knowledge of the directors, he made loans to local concerns In which he was Interested. The directors, pending the examination, decided it best for the bank to remain closed." WASHINGTON. Dec. 18 The comptroller of the 'currency has authorized the First National bank of Eagle Luke, Tex., which closed its doors on November 8. 1107, to re open for business on December 19. The comptroller also has authorised the City National bank of Frederick, OKI., which closed its doors on November 10, to re open on December 20. LOS ANGELE. Cal., Dee. 14. The State Hoard of Rank Commissioners has taken charge of the affairs of the Occidental Trust and Savings bank, a small Institution. II Is said It will go Into liquidation as a result of the action of the commission unless steps to avoid this are taken by the stock holders. FREEDOM MAKES THEM AFRAID Convicts After Long Term In Slug; Slug Land Friendless In New York. NEW YORK, Dec. 18. Franz Hoffmaa is in New York after forty-seven years spent In Sing Sing prison. With him is Thomas O'Siiea. who has served twenty-two years In prison. Both are at the home of the Volunteers ef America, where Mrs. Maud Ballington llooth, known to the Sing Sing prisoners as "Little Mother," promlsea to care for them. Both have been paroled, having been sentenced to imprisonment for life. The( two men were brought to New York by lite warden of the prison, to whom they stuck closely until they were turned over to Mrs. Booth. Hoffman says he hasn't a friend in the world and is afraid to be' alone outside the prey walls that are the only home he knows. MANSLAUGHTER CHARGE FAILS Justice Kellogs; Directs rrdlct In Favor of Vice President of Hallroad. NEW YORK. Dec. IS. Alfred H. Smith, vice president of the New York Central Railroad company, was acquitted today of a charge of maiVlaughter in the third degree, brought in connection with the wreck of the Brewster express at Woud lawn last February, In which twenty-four persons were killed. Justice Kellogg di rected the vert SMITH GETS A LIFE TERM Murder Yerdlrf Itetnrned Against .Negro na Result of Crap Game Affair. Ed. Smith, a South Omaha negro, will have to serve the rest of his life In the penitentiary for killing Charles Singleton, another negro, as the result of a quarrel over 25 cents. Tho Jury In Jiiilge 'iVoup's court returned a verdict of guilty of mur der In the first degree last night and fixed the penalty at life Imprisonment. The Jury had little trouble In reaching an agree ment. It went out at 6 o'clock and the verdict was agreed upon at 7:40, after the return from dinner. The shooting of Singleton occurred near Twenty-sixth and N streets. South Omaha, October 22. Singleton and Smith had been shooting craps in a pool hall and Smith had won 85 cents. This angered Singleton, who picked tho money up and threw It on the floor. All of It was recovered but 25 cents, and when Singleton refused to make the amount good Smith went to his room, secured a pair of shoes, which he pawned for a revolver, and returned to the pool room. He shot Singleton twice, one bul let passing through the abdomen and caus ing his death a few days later. The shoot ing occurred in front of the pool hall. In plain sight of several people. Smith went on the witness stand Wednes day morning and declared the killing was In self-defense. "Singleton said he would kill me," ho testified, "and I got the gun to protect my self. He Jumped at me with a knife In his hand and I shot him to keep him from cutting mo." A half dozen witnesses who saw the shooting testified on both sides, but none of the others testified that Singleton had a knife. Most of them declared he had his hands In his pockets when tho shooting was done. WILL DISCHARGE RECEIVERS This Is Plan of Those In Control of Westlnghouac Concerns at Pittsburg;. PITTSBURG, Dec. 1"8. Following several conferences' between the receivers and creditors of the Westlnghouse concerns, with a view of giving the affairs of the companies back to the stockholders, George Westlnghouse, president of the various companies, said: We think everything Is In splendid condi tion. Not only Was the report of the re ceivers satisfactory, but plans formulated for working out all details of the problem seemed to meet with favor. Everything counected with the affairs of the corpora tions show a most hopeful situation. A de tailed report on all these matters may be made public soon. From another source came a report, said to be authoritative, that plans had been practically accepted by which the West lnghouse corporations would be put in such shape that the receivers could be dis charged within ten days. Everything In Pittsburg was declared to be tn fine shape and It Is understood a meeting will be held In New York tomor row between officials of the corporation and some of the larger creditors of the metropolis. WALSH ..GOLD BOND JUGGLER ills Bank Held Nearly Xlne Million Dollars of Paper In Ills Enterprises. CHICAGO, Dec. 18. National Rank Examiner E. P. Moxcy, the lat't Important witness for the government, was on the wit ness stand during Ranker Walsh's trial to day. Reading of entries of bond sules from books of the Walsh ral'road and the threo Walsh banks constituted the greatest port of his- testimony. It tended to show, ac cording to the assistant district attorney, that whenever Walsh needed money for his personal enterprises, he issued bonile, bought them at his own price and sold them to the banks. The government claims that when the banks were suspended they held bonds and bond certificates of four Walsh enterprises amounting to $N,9;JS,000. INTERURBAN FARE COMING UP Michigan -M onagers of Electric Lines Say Fare Must Re Two Cunts n Mile. LANSING, Mich.. Dec. 18. Every Inter urban electric railway In the state and nearly all the city lines were represented at a conference held here yesterday with the state railroad commission. Tho elec tric managers decared that it costs more to haul freight by electricity than by steam. It was agreed by nearly all the mnnagers present that passenger rates on lnterurban lines cannot be profitable at less than 2 cents per mile. SUNDAY FIGHTJN MICHIGAN Church Member nt Bay City Files Charge. Against Managers of Theaters. BAY CTTY. Mich.. Dec. I'.-William J. Daunt, manager of the Alvarado theater, and J. D. Phllmore. manager of the BIJou theater, wore arrested yesterday on war rants charging them with giving enter tainments last Sunday. The complaints were made by Allan McEwan, a prominent member of the First Baptist church. Plead Of not guilty were entered and the cusea were adjourned Until December !4. BUSSE'S MEN ON DEFENSIVE Derision of Supreme Court nf Illi nois Affects Chicaato Hoard of Education. SPRINQFEII.D, 111., Dec. 18.-Tho su preme court today held that Mayor Busee of Chicago had no power to remove tho appointees of Mayor Dunne on the Chi cago Board of Education utid directs States Attorney Healy by a writ of mandamus to file quo warranto proceedings against the Busse appointees, directing them to show by what authority they hold their offices. STEAMER GRANT DOCKS SOON Vessel Carrying Secretary Taft Near Sablr Island Wireless Ales sage tu Shore. SABLE ISLAND. N. 8., Dec. 18. The steamer President Grant, from Hambuig for New York, was In communication with the Marconi station when ninety miles southeast at 7:40 a. m. It will dock at New York about 8:3U p. m. Friday. Sec retary Taft Is on b ard the Grant. HUNDRED MILLIONS OF GOLD Total Importation During- I'reaeat Movement Has It cached This Amount la -New Vork. NEW YORK, Dec. 18. -The Irving Na tional Exchange bank today announced an engagement of $700,Mj gold for import. This makes a total of $1,u60,0u0 engaged during the present movement. FIGHT T0A MISIl Neither of South Dakota Senators In clined to Yield on Appointments. ALL GO OVER THE HOLIDAYS Contest Wajjed, frith District Attor neyship the Storm Center. HARLAN CALLS ON PRESIDENT Nebraskan Has a Controversy on Tap With Governor of Alaska. OMAHA INDIANS COMING HOME Proposal to Take Portion of Trust Fund nf the Vte Indian Tribe to Asalat the Itraegudes Now In Moiik County. (From a Staff Correspondents , WASHINGTON. Dec. 1H. (Special Tot gram.) Every appointment mnde during the present, session of congress affecting South Dakota will go over until after ths holidays: Senator Gamble saw the presl" dent this morning, ostensibly for the pur pose of presenting the compliments of the season to him, as he leaves for South Da kota Friday, but during his Interview poll ties were talked and a line of procedure relative to appointments now pending be fore the committees of the senate for con firmation undoubtedly was agreed to. Of this, however. Senator Gamble would not speak, knowing that his trlcnd, Mr. Wag ner, Is held up by Senator Klttredge. who will not permit Wagner's confirmation if he can prevent it. In all the country there Is no more in teresting fight between factions of the same party than South Dakota presents and the result will be watched with in tense Interest, for it possibly means the undoing of 8nator Klttredge should he loso out In this contest and the possible election of Governor Coe I. Crswford as his successor. Diplomacy has ceased to be a factor In the solution of federal ap pointments and open warfare has been de clared on both sides, Harlan Has a Fight on Hands. Senator Burkett Introduced N. V. Har lan of Nebraska, United States attorney for Alaska, to the president today. There Is a fight on between the governor of Alaska. W. B. Hoggatt, and Judge Har lan. Harlan Is a bitter enemy of Gov ernor Hoggatt and called at the White House toduy to have his say first. The governor, It is hinted, Intends to file charges against Harlan, because the latter failed to break up gambling Joints at Val dez. ' i All other towns have "gono good," that Is to say, have shut up open gambling houses. Valdtz Is still wide open. District Attorney Harlan Is a candidate for the vacant Judgeship In Alaeku. He probably will not got It If Oovernor Hpggatt has any Ulfluenctr With the administration. When asked if he had told the pwsldent that rumors regarding his vice presidential bee wee wholly untrue, Mr. Burkett re plied by saying' that polities was not even talked of and he certainly would not tell the president about something which had neitller foundation or color. Job for Newsitper Man. Senator Brown has apitlnted Frank Bd- I gerton of the Lincoln Htar to a position I with his new committee. Mr. Edgerton .was formerly principal of the Fr mont High school and Is a University of Nebraska graduate. Office 'with Small Pay. Congrexsman Hinsl'.aw has recommended the appointment of Joseph W. Vrana as postmaster at Edhohn, Butler county. This office, pays In the nulshlutrhood of $115 per year, but has been sought alter with as much enthusiasm as If It paid $1,&00. It Is one of those offices where the postmaster gets tired of uoing the work In about sixty days and another recommendation must be made. , Indians Ready to Come Heme. Senator Burkett toiiay Introduced In ths senate a bill submitted to the house several days ago by ConvresBinun Boyd, to take the place of a bill introduced by lilin in the eBrly days of tho present session, authorizing the Omaha tribe of Indians to submit their claims for redress to the United States court of claims. This action grew out of a conference held w;th the delegation of Omahns yesterday afternoon. The commissioner of Indian affairs has allowed the expenses of tho Omaha Indian i delegation and concluded negotiations with them today and they will i.tirt for home tomorrow. Thomas Sloan, ore of t ln attorneys for the Omaha tribe of Indians, In explaining the bill Introduced by Senator Burkett to day Bald tlie bill of Congressman Boyd was less objectionable than the bill Intro duced last year, fur the reason that tho former bill reeognt.-'.ed a contract that had not been approved by tho secretary of tho Interior. Thls feature ws stricken out by Congressman Boyd and after the Con ference held yesterday by tho delegation of Omaha Indians snd their attorneys with Senators Burkett and Brown and Congress man Boyd it w as thought bi st to freu the bill o' all Its objectionable feature and offer a incisure that would receive tho support of congress, henca the senator new bill conforming to one Introduced by Mr. Boyd. Mr. Sloan will go to Hampton, Va., to visit the school from which he graduated before returning to Nebraska. Congressman Boyd has introduced a pri vate elision bill for Henry Kennedy of Norfolk for $:to per month. Funds to Aid I tea. Secretary OarlieM of tlie Interior depart ment s lit tb the seriate today the draft of a bill to authorize him to Use trust funds for the mulMeiianco of the Utea who decamped from their reservation in I tah during, the winter of I'M and were mHje captives by United States troops, hel.t. at Fort Meade and afterward located on the Cheyenne river agency in South Dakota. In order to relieve any possible distress among tlase Ute Indians Secretary Gar field suggests the following Hem be pNaceil in the ura. nt di liileiicy bill: "The comn'iissli.-ner of Indian affairs Js hereby authorized snd directed to expend m much of the trust fjnils of the Ute In dians now in tho United States treasury as In hla Judgment nity be nrcesnary li prevent want and suffering airong the aenti o Uus, end the amount so e-xpendes for ech indivhluul abxeiitee shall be mado a matter of moid to he charged against ai d deduc'.eil fiom t!.e t'.aie eald absenteo may 1. ei.Utltil to r.-eeivc when the trust fur.Ja of the I'tes are allotted and dls lilbuted to members of the tribe." Thu secretary of the Uitertwr tolag Uan