Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 19, 1907, Image 1

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    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