The Omaha Daily Bee
HEWS SECTION.
Pages 1 to 8.
Only 3 DAYS For
Christmas Shopping
vol. xxxvi rxo. ioo.
OMAHA, SATURDAY MOUXIXG, DECEMBER ' -SIXTEEN FAGES
SINGLE COPY TWO CENTS.
FISH WINS POINT
niinoii Central Stockholders Adopt
Hit Motion to Adjourn.
STATES REASON FOR THE DELAY
Mr. Cromwell Objected to Wording of
the Motion.
HARAHAN . AND FISH CLASH
Warn Verbal Encounter Over Status
of Mr. Cromwell.
PRESIDENT TOLD TO BE CIVIL
Imridtnrnt to Mr. Fifth's Motion
Finally Withdrawn Before It Camp
to Vote Arinnrnl In Court
Continued.
CI IIC AGO. Dec. SO A warm verbal en
counter took place at, the annual meeting
of the Illinois Central railroad between
President Harahan and Stuyvesant Fish.
In the end the latter secured his object and
the meeting van adjourned, In the manner
In which Mr. Fish desired, and In accord
ance with the order of Judge Pall, to
Mnreh 2, im
It was understood when the meeting w
called 'to order that the. only matter to
roma before It was the adjournment to
March J. Mr. Fish, however. desired It
to appear on the record that the adjourn
ment wad tiiken for the purpose of await
ing the doelsfon of Judge Hall on the right
of the Union pacific and the Railroads Se
curities company to vote the stock now
standing" In their nani", and which were
temporarily enjoined prior to the meeting
In October. lie therefore Introduced a
resolution worded as follows:
Whemae. Bv an order entered on Decem
ber 19, I!i7, in the case of George F. Ed
munds, et al, against the Illinois Centrnl
Railroad company, et al. In the superior
totirt of Cook county. Illinois, It was or
dered and decreed that the present ad
lourned annual meeting of stockholders for
the year 19o7 should be further adjourned
until Monday, March 2. 190s. at 12 o'clock
noon, to await the decision of the court on
the right of certain stockholders to vote
at said meeting.
Resolved. That this" meeting do now ad
journ ifhtll Monday, March 2, at 12 o'clock
noon.
Objection by Cromwell.
A copy of the, resolution was shown In
advance of Us Introduction by Mr. Fish to
William Nelson Cromwell, chief counsel
for Mr. Harritvian. Mr. Cromwell drew a
pencil through the words, 'to await the
decision of the court on the right of certain
stockholders to vole at said meeting." and
signified a desire that they be omitted from
the resolution,
Thla Mr. Fish declined to do. declaring
that they were the essence of his resolu
tion, because he desired that the stock
holders "ehould be specifically Informed of
the actual reason for, the adjournment. As
soon as the meeting was called to order
Mr. Finn Introduced hla resolution and Mr.
Cromwclf, who fat olo.w beulde the presid
ing officer. President Harahan, offered an
amendment leaving out the worda to which
ha had objected. Mr. Fish declared that
ho desired to be shown what right Mr.
Cromwell possessed to take part In the
meeting, saying that he knew that he was
not a stockholder. Mr. Cromwell declared
that he was there by virtue of proxies
which iie possessed. Mr. Fish demanded
that the proxies of Mr. Cromwell be pro
duced otal a call was made upon the com
mil tee with whom the proxies hud been
placed to bring them In. While the com
mittee was searching for the Cromwell
proxies Mr. Fish said to President Hara
linn:
"Mr. Chairman, the question before the
meeting; Is on my motion to adjourn. '
President Harahan replied: 'There la an
amendment before uc, and you have ob
jected to the party making It, stitlng that
he la not a stockholder. We are trying to
discover whether lie Is."
Ho did not propose an amendment," said
Mr. Fish. "I will correct you as to the
matter of fact."
Mr. Cromwell Interjocted: "I do propose
an amendment."
"Well, you did not," said Mr. Fish with
some feeling, and he demanded of Pros!
dent Harahan if he Intended to put his
motion to adjourn. '
"Not until' it Is decided whether the gun
t Ionian has the right to offer an amend
nient here." aald President Harahan.
"He has not offered an amendment," de
clared Mr. Fish.
"Well, you stopped hhn." replied Presi
dent Harahan, tartly.
"I did nothing of the kind," rejoined Mr.
Ktsh with equal emphasis. "I said that he
ljd no right to speak In this meeting.'
Celloqor Becomes Warm.
"We will decide whether he has or not,"
said President Harahan. "The proxy com
mittee Is Investigating the facts."
"Is he a stockholder?" demanded Mr.
Fish.
"You say he Is not," was the response.
"I understand that he Is. The only rea
son" "You understand that, he Is a stock
holder?" queried Mr. Fish with much earn
estness. "Yes."
"When I tell you that he Is not?"
"Well. I don't have to take your word
for everything."
"Vuu hud better," declared Mr. Fish in
a tone and with a manner that Indicated
tiiut the end of patience was approaching.
"1 take the record." said President Hara
han. ' uow I want to conduit this In a
proper ir.unner, Mr. I am going to
treat you properly, and I insist on your
iotitg the' same to me."
"Y.. then you had better keep a civil
ioiigue lu your head." retorted Mr. Fish.
"My tongue Is dill. Mr. Cromwell says
'ie bus a proxy here and"
Judge Kurrar and lur. Bomeister. counsel
!.ir ilr. Fish, steied In ftont of him as he
ass audit to reply to president ll&rahan.
ut he again demanded that his motion to
J.lojrn be put.
"I will not put your motion," rejoined
tlio chairman, "until it Is decided whether
this gentleman has the right to offer an
amendment to this resolution."
Mr. Lcmrn, iiiiotL.r of Mr. Fish's attor
neys rained a point 0f order aud was in
formed bv President Harahan that Mr.
Cromwell had as much right In the meeting
as possessed by Mr. Leraan.
"What's that?" demanded Mr. Umin,
Ulcg to bis feet. "I am a stockholder In
this comrany and as such have attended
annual meetings for the last sixteen years
end you kn iw It."
President tiarahan m silent.
I rssineU Withdraws Amendment.
The proxy committee at this Juncture re
torted that Mr. Cruiuudl was properly
tConUnued on (second rage.)
SUMMARY OF THE DEE
sstsrdar, December 21, 1007.
1907 DECEMBER 1907
UN MOM rui io ttiu T
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8 9 10 II 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 T
TIB WEATHER.
Forecast till 7 p. m. Saturday;
For On, alia. Council Bluffs and Vicinity
Fair Saturday; no important change In
temperature.
For Nebraska Saturday Increasing cloud
iness. For Tov F.-lr Fatnrdav.
T!ite:aMire nt Omaha vosterday:
Hour.
Dog.
OA
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t; a til...
7 a. ni...
h a. m...
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10 a. m...
11 n. m...
12 m
1 p. m...
2 p. m...
8 p. in...
4 p. m...
5 p. m...
p. in...
7 p. m...
S p. m...
9 p. m . . .
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DOMESTIC.
President Roosevelt ha,s ordered federal
troops quartered at Goldfleld to return
to their stations December 80. In two
telecrams to Governor Sparks of Nevada
he virtually charges that official of mis
representing the situation and of failure
to do Ms full duty as an ofllclnl. Page 1
Secretary Taft landed In New York and
immediately proceeded to Washington.
Fag a
Chancellor E. Benjamin Andrews, at a
meeting of Nebraska university men In
Spokane, says Bryan's election with a re
publican congress would be a block to
reform. 6
Interstate Commerce commission fixes
the statute of limitations on claims filed
before 1t. . 1
The work of rescue Is progressing rap
Idly at the Darr mine. Page 1
Milk trust Is under the ban In Chicago,
where the grand Jury hus been making
an Investigation. Page 1
Indictments by the hundreds have been
returned in Kansas City against violators
of the Sunday law. Pare 1
Judgment of ouster was taken c.gainst
Ohio plumbers' supply dealers, who were
charged with being In a combination.
Page 1
J. If. Ollphant, a prominent New York
uroker, was shot by a man who was be
hind In his speculative accounts. Par 1
XTXBKABXA.
The Railroad commission ordered rates
on oil In Nebraska cut by one-third In re
sponse to the demand of independent
shirpers. se 3
Negro at Columbus commits assault
upon prominent woman) In most brutal
manner. Page a
Testimony tn the Wnllage murder trial
reveals that trouble might have existed
between the defendant at Hlllls because
of domestic relations, -- Pag 3
POKSXCsT.
Trial of Editor Harden has been ordered
to proceed In secret without even the
newspaper men present. Page 1
At a banquet tendered Ambassalor
O'Brien at Toklo expressions of friend
ship for the United States were uttered
by Japanese and returned. Pag- 1
Ninety-three, persons were killed In the
explosion at Palermo. Pas's 1
A Russian bomb thrower was executed
at Moscow. Page 1
ZiOCAX.
Nine men charged with violating Sun
day blue laws are fined $1 each and costs
In police court. Page 1
Union Pacific will give shop men an en
forced vacation of eight days during holi
days as measure of economy. Page 11
New York bank demands legal tender
In payment of Interest on Omaha bonds
held there Instead of usual New York
exchange draft. Page 11
Christmas celebration will be held at
City mission Thursday, Santa Claus hav
ing been booked for a return engagement
on that day. Page 4
Sanford Peck of Chicago Increases his
Omaha holdings by Investing In five resi
dence buildings. Page
Newsboys who deliver the Sunday morn
ing papers are given quarters In the
Young Men's Christian association build
ing. Page 4
Mrs. Provldem. discusses plans for a
ChrlBtmas dinner jvhlch all might enjoy.
- Page S
COMME3CXAI. xXD tUSTSWAX
Live stock markets. Pag 13
Grain markets. Page 13
Stocks and bonds. Page 13
KOTEktEXTTa OP OCEAJT STEAMSHIPS.
Port. ArrlTid. tailed.
NKW YORK Florida Arabic.
NEW YOKK Fotaaam Brnl.u.
NEW Tlillll MajMlla Astoria.
NEW YORK llloula La Lorralna.
NEW YOKK Helllg OlaT.
NAI'I.Ea President Lincoln
NAPLKS NVekar
NAPLES Moratla
UVKHHOOu Canada.
IJVKKPouL Fr-ilaii.
LONDON' Mlnniapolla.
VlVEENUTOWN Adriatic.
PROMINENT BROKER IS SHOT
Customer Whose Marxlii Had Been
Kxhauatrd Kills Aavent
In TrndlnaT.
NEW TOHKj Dec. U".-J. H. Ollphant, a
prominent brokVr.'was shot three times by
a man. said to be a former customer. In
front of 20 Proad street, today. He is In
a serious condition. The man w ho fired
the shots committed suicide Immediate)
'afterward.
The shotting occurred in the offices of the
firm. James 11. Oilpl ant & Co. The man
w ho did ' the uhooilng called at
the office this afternoon and had a dispute
with Mr. Ollphant, supposedly over soma
business matters. The man, whose name
Is C. A. Geiger, appeared to be making
some, demands which were refjsed. He
drew a revolver and fired three bhots at
Mr. Oilplant, then turned fie weapon on
himself and committed aili.e. Mr. Oll
phant was taken to a hospital.
An unverified report Is that Geicvr haJ
lost heavily In the stock market and th it
the stocks the firm had been carrying for
him were closed o it because of exhausted
margins. Mr. Ollphant Is head of the firm
of James H. Ollphant & Co. and was a
well known flirure In financial circles Ilia
firm did a large business on the Stock ex
change. Mr. Olipliunt is a hretor of va
rious other couipank s.
Drift t.ravve to Be Opened.
'IjONDON. Dec. iO.-Tlu Home ofike has
cornel. ted to ill.1 opening of the grave 'of
T. C. Druie in liighgai,- cemetery. Con-
eiuently, shortly after Christina the
qutsitoii whether the coflin toiitbjiis a
body or a toil of lead should be definitely
answered.
HARDEN S TRIAL IN SECRET
German Judges Take Stand in Inter
est of Morality.
PRINCE ZU EULENBURQ IS ILL
Kotoriona Case Which Una Jtrnrk
German Government to the
1 Heart Contlnnea at
Berlin.
BERLIN, Tec. Prince Philip Zu Eu
lenberg, Frau von FJbe, the divorced wtfe
of General Count Kuno von Moltke, and
Frau von Heyden, mother of Frau von
Kibe, testified In camera at today's hear
ing of the Harden-Von Moltke libel suit,
the court having decided that the interests
of public morality required the exclusion
of all persons not immediately connected
with the court.
The only witness heard openly was
Colonel Otto von Moltke. a cousin of Count
Kuno von Moltke. Colonel von Moltke Is
a studious looking man of SO. He spoke
with much emotion of his twenty-five years'
friendship with the co-plalntifl. They had
commanded squadrons of the same Life
Guard riglment at Iireslau. After he left
the army the colonel was often the guest
of Count Kuno tn Uerlln. He believed, he
said, that he knew him better then anyone
else. He was always popular with his
offleers and men. His cousin, the colonel
continued, was a man who exerted an ele
vating Influence upon those he, met rather
than a lowering one. The colonel had ob
served Count Kuno's friendship with Prince
Ph. hp ',u F.ulenburg on the occasion of
the various visits both of them had made
lo the prince at his castle at Liebenburg,
but he never gained the Impression that
the relations betw'een the two men were
other than was what was to be expected
In friendship. On these statements the
colonel took oath.
Harden Declined to Fight.
Regarding the statements made by Har
den in the course of the action that he
would only be able to repeat In camera
the remarks about Count Kuno made by
General Count Huelren-Paoeeler, chief of
the emperor's military cabinet, the witness
read a letrer from the general In which he
said that he Was not conscious of having
made such remarks to anyone. The colonel
produced a thick typewritten document
from which to refresh his memory con
cerning the ofllces he had carried out be
tween Count Kuno and Harden. The count
had come to him in his hotel In Berlin on
May 8 and said he was In great trouble.
He asked the witness If he would stand
by him and this the colonel readily prom
ised. Later he carried a challenge frem
his cousin to Harden to fight a duel, but
Harden declined.
The colqnel Is at present holding a sine
cure In the state Lutheran church, being
head of the cathedral chafer and super
intendent of church propert!es.
Emperor's Attitude Made Difference.
Herr Bernstein, counsel for Harden, ex
amined the witness closely as to whether
he or his cousin had taken the least notice
of the articles In Die Zukunft until Emperor
William took the action which resulted
In Count Kuno von Myltk" resigning the
position of military commandant of Berlin.
The colonel admitted that Count Kuno had
handed In his resignation on May 11. lie
declared he had taken his cousin's word of
honor to Harden, denying the insinuations
published In Pie Zukunft; Hardin had not
accepted the communication, and the count
then formally challenged him to fight
duel on foreign soil. Harden declined this
proposition by letter.
At this stage ot the proceedings the
public prosecutor announced that Prince
Zu Bulenburg, accompanied by his two
sons, was In an adjoining room. He was
so the prosecutor declared, that he
begged to be heard Immediately and the
suggestion was made that the defense might
wish to put questions to the rrlnce whloji
the father would not desire his sons to
hear. Dr. Isenbiel, the state attorney, then
moved, in the Interest of morality, that
the public. Including the newspaper repre
sentatives, be excluded until further notice.
The five Judges thereupon retired. In five
minutes they returned and directed that all
persons unattached to the court leave the
chamber.
It Is understood that the public wfll not
be again admitted, although both sides
have advocated publicity.
BANQUET TENDERED O'BRIEN
American Ambassador Guest of Honor
at Gathering: of Friends'
Asaooltlon.
TOKIO, Dec. 20. The American ambas
sador, Thomas J. O'Brien, was the guest
of honor at the banquet last night of the
American Friends' association, of which
Count Kaneko, the head of the movement
for an Intematlonl exposition to be held in
1912. Is president. The banquet was at
tended by the most prominent officials and
business men of this city. Foreign minister
Viscount Hayashi sent Ms regrets, his
absence being due to an official entertain
ment In honor of the Corean crown prince.
DELAY DUE TO DISAGREEMENT
Japan Disclaims Ever Consenting; to
l imitation of dumber of
Emigrants.
TOKIO, Dec. 20. The delay In closinj
the Immigration negotiations between Ja
pan and Canada was due to a claim put
in by the Canadian government through
Commissioner Lemlux that prior to Canada
becoming a rarty to the treaty of alliance
It was specifically guaranteed by a rep
resentative of Japan thut emigration of
laborers to Canada should be limited to
6"0 monthly. The Japanese government, It
is said, now repudiates this action.
NINETY-THREE ARE KILLED
This la Death 1. 1st 'o Fnr In Powder
Explosion at Palermo,
Itnlr.
PALERMO. Dec. 20. The work of res
cuing the persons wounded by the explo
sion lust night In the military powder rr.aga
siue was continued until this morning.
Up to the present time It is lrion that
ninety-three persons met their desth from
t?,e explosion and subsequent fire, -,rd more
than 1) wre Injured. The lo.l.V g house
for emirra.'ita which was destroyed I.y the
flumes gave the largest number of victims
RUSSIAN WCMAN EXECUTED
Bomh Throner Meets ftuuinaarr Pun
lahntent In Prison at
Maaraw,
MOSCOW, Dec. !?. The wrrrun who on
Dec. mlier 4 made an uricucceusful sttempt
to kill Lieutenant General Guerat httlrrsnn.
auvernor eiieral of Moscow, by tin an of a
bomb, was executed here this morning. She
refus.-d to partake of the sacraments. On
the scaffold she sl id to her executioner:
"We will soon st,p your hangings."
limit fixed upon
Interstate Commerce 1 y . a .le
termlnea M hen tal Lim
itation Appl. .'
WASHINGTON. D. C. Dec. 2-Afl of
ficial Interpretation of the two years' limi
tation provision of the railroad rate law,
popularly known as the Hepburn set, has
been made by the Interstate Commerce
commission. This action of the commis
sion Is of the first -Importance regarding all
claims now pending before the commission,
or likely to be filed, for damages or repara
tion. The claims Trow pending Include the
demands for reparation made by the mem
bers of the Yellow Pine association, which
aggregate between COOO.Ono and I3.0O0.W.
The commission has Issued no formal an
nouncement of Its Interpretntion of tV.e
limitation provision of the Interstate com
merce act. but simply directed that the
following entry be made on the minutes of
the body:
Claims filed since August W. 19f7. must
have accrued within two years prior to the
date when they were filed, otherwise they
ar) barred by the statute. Claims . filed
on or before August 2S, 1P07. are not af
fected by the to years' limitation In the
act.
Voting In the affirmative: The chair
man and Commissioners Prouty, Clark and
Harlan.
Voting In the negative: Commissioners
Clements, Cockrell snd Lane.
The commission will not take Jurisdiction
of or recognize Its Jurisdiction over anv
claims for reparation or damage which
are barred bv the statute of limitations as
Interpreted by the commission, and the
commission holds further that It will not
recognize t lie right of th rarrler to waive
the provtslcms of the statute.
Commissioner Harlan, voting In the nega
tive on the above interpretation of the
limitation of the act, desires to be recorded
as holding that the limitation In this net.
like the limitations In other acts, does not
affect the jurisdiction of the commission,
but Is a personal privilege that may be
waived by defendant in proceed'ngs before
the commission. He expressed himself also
as Inclined to view that a defendant who
offered to waive the bar of the statute, as
to one claimant might be required by the
commission also to waffe It as to all other
claimants, whose claims Involved the same
rate or Issue, In order to avoid dlscrlml
na'lons. Relative to the construction nf the law
as to the statute of limitations, the act
went Into effect August 2S,
WORK OF RESCUE UNDER WAY
"o Fire In Darr Mine and rrot.al.IHtr
la Bodies 'Will goon Be II e
roTcred. JACOB'S CREEK, Pa., Dec. So.-Up to 11
o'clock today but six bodies had been re
moved from the Dnrr mine, the scene of
yesterday's terrible explosion. Many more
of tho disfigured and begrimed bodies h.ld
been located, and as the work of the res
cuers Is progressing well, with the aid of
fans working and no fire In the mine, It Is
thought the reoovYry of all the bodies Is
merely a matter of hours.
The exact number of men entombed when
the explosion occurred Is still uncertain,
but there Is no reason to change the ear
lier estimates of at least 200. Six members
of troop A of the state constabulary, who
arrived during the morning from Greens
burg, were at once placed on duty at the
mines to keep back the crowds' which
began to enter at daylight, coming ,from all
directions. .
The cause of the explosion is still un
known. No other explanation than that It
war due to gas lias been advanced.
Many miners believe the explosion was
caused by gas In the "gobs," a name given
to worked-out sections of the mine. These
places accumulate gas, and the men ex
press the opinion that the gas escaped Into
the newer entries.
The rescuers expect to find most of the
bodies In entries Nob. 27 and 29. which Is
nearly a mile further back than they had
been able to penetrate this afternoon.
Frequent falls of slate encountered pre
vents rapid headway.
Every man missing and supposed to be
In the mine was a member of the beneficial
association of the company. Their heirs
will. receive J150 and funeral benefits. The
members of the association contributed JtOO
to the relief of the sufferers by the recent
mine disaster at Naomi.
MILK TRUST JJNDER THE BAN
Head of Bis; New York Company Sud
denly Appears at (blcas;o
Hearing.
CHICAGO, Dec. 30. The prospect of In
dictments against several big dealers
charged with forming a "milk trust" In
Chicago Is being eagerly discussed about
the grand Jury rooms. It Is possible that
the Jury may make Its report by tonight.
William J. Rogers of New York, president
of the $25,000,000 Borden condensed milk
company, will. It is announced, be called
as a witness today. Mr. Rogers' arrival
here has caused Intense surprise. He
voluntarily came from New Tork.
The state's attorney's office knew some
thing of his coming, but kept it secret.
Mr. Rogers' appearance could not be com
manded by a subpoena while he was In
New York, and his presence here Is re
garded by the county authorities as show
ing that the Investigation Is causing much
concern among the big milk firms.
INDICTMENTS BY HUNDREDS
Judge Wallace's Crusade In Kansas
City Has Resulted In Flood
of True Bills.
KANSAS CITY, Dee. JO.-NIne hundred
and thirty-eight Indictments were returned
here today by the county grand Jury, prin-
elrntlv f r , - i , 1 1 a t i n r, r f h C .... .1 ... . :
n, . l, , . . . "
law. Of this number sixty-five nd ctments
.i . . .
were against the managers and ornp nveg
of theaters, for specific violations of th
low last Sunday, several liunlred were
against pool hall and rlgar store owners
and twenty against negroes fnr selling or
bootlegging whisky on Sunday.
In the two months this grand Jury has
been In session It has returned a total of
!,oS3 Indictments, over 6i0 of which have
been against actors, actrtsses and theatrl-
cal managers and attaches. This all u 3
result of the Sunday closing crusado
started by Judge William II. Wallace of
the criminal court
PROTESTANTS MEET CATHOLIC
Noteworthy Indication of Grovriait
Liberality In Celebration
nt Detroit.
DETROIT. 1':. b., Dec 2" -A noticeable
feature of the laymen's recetion tendered
at the li.ti Poiilchartrain last night to
Rt. Rev. Bishop John S. Foley of the
Roinun Catholic d.oiese of Detroit In con
nection with the te'elrai;on ycstciday of
the fiftietii anniversary ff Biahnp Foley's
ordlr.utiou to tii priesthood, us the up
Kurnce of a number of Protestant clergy
men In the r.cleving line. Among them
were nine ci-igym.n of the Protestant
Episcopal church, Incl idii.g Bishop Wil
Im.'iiS, fojr Pre.-byw nan miri:l. is and one
clergyman each from the Uarli.-t, Metho
dist Episcopal, Congregational and L'nl
versallst denominations.
MORE SUNDAY LAW FINES
Dollar and Costs Meted Out to Several
Alleged Offenders.
NO JURY TRIALS IN POLICE COURT
Where Cases Are Appealed Daniel
Saas Decision In District Court
Shall Be the Precedent
far lllm.
Violators of Sunday blue laws am In
thronged the police court room Friday
morning, laundrymen. cigar dealers, mes
senger -boys, photographers, pool room
operators, confectionery men. Those fined
were: H. Vackenson, selling papers and'
cigars. 2R3S Pherman avenue; Joseph
Brougl.ton. operating pool room and sell
ing cigars, 218 North Sixteenth street; W. A.
Keyt, IMS Capitol avenue, selling cigars;
C. C. Cannan, 107 North Sixteenth street,
selling candy and cigars; H. I,. Welsh. 10i2
North Sixteenth street, selling cigars and
candy; B. Harding, 1319 Douglas street,
operating pool room and selling cigars; 8.
J. Cusslck, 3i4 South Twenty-fourth street,
running poo! room and seilh.g cigars and
tobacco; David Rourke. 3U South Fifteenth
street, selling cigars; Churles Jacobson, HIS
North Twenty-fourth street, selling tobacco
and cigars.
' All of these were fini d $1 and costs. They,
were repiesented by the same attorney.
w ho demanded In each case a trial by jury, I
which was overruled by Judge Crawford.!
who held that under the statutes In cities of
metropolitan class a Jury cannot be de-l
munded In cases before the police court.'
Notice was given that all of the cigar and
pool room cases would be appealed to the!
district court and tried before a jury,
(leaning Baggy Necrsary.
Robert Wood was discharged on a com
plaint charging him with cleaning his
buggy on Sunday, the judge holding that to
be necessary labor. Wing Sing, a Chinese
laundryn an arrested for washing and Iron
ing clothes on Sunday, pleaded not guilty.
"Me no washle; Just sprinkle," he said.
The Judge set his case for Saturday
morning In order to have the oflicer who
made the discovery appear In court. When
Wing Sing was told to come back to court
Saturday morning for trial he asked to
change his plea to guilty and was allowed
to ray a fine of II and costs. D. J. Mar
tell, a photographer at 612 North Sixteenth
street, admitted he had taken several pic
tures Sunday in his gallery, but told the
Judge he was a Seventh Day Adventlst
and wus not In the hublt of observing: the
day commonly known as tho Sabbath. He
said ho observed Saturday and kept his
place closed on that, duy, whereupon he
was discharged,
.Messenger Is Fined.
Gorge Crow of the Hurry L'p Messenger
service was fined II and costs for carrying
messages on Sunday. He failed to show
the labor he, performed was necessary. Ed
Beeman of the A. D. T. messenger service
was discharged. He was arrested for car
rying a mesage for the Western Union, but
upon the showing that the message was
an Important one the Judge held It was
necessary labor.
-JiYarrciUs were sworn out Friday morn
ing for the-' jrrrest of Frank Phelps for
selling admission tickets to tho Krug thea
ter Sunday; William Byrne, for selling
tickets at the Orpheum; Purnell Manga.ii
of the Boyd and Fred Pluler of tho Bur
wood for the same offense.
"Wherever cases are appealed to the dis
trict court," said City Prosecutor Daniel.
"I will not arrest others In the same line
of business for working on Sunday until
the cases appealed have tieen settled and
then will be guided in the future by the
decision of the esses appealed. I will make
one exception to that rule, however, and
that Is where the appellants pursue dila
tory tactics and attempt to evade a speedy
trial."
TO PILOT FLEET IN STRAITS
Captain H. F. Greene Has Been
Selected by Navy Department
for This Task,
LOB ANGELES. Dec. 20.-The man who
Is to pilot tho United States battleship fleet
through the Straits of . Magellan Is In
Los Angeles, on his way to .Washington,
from whence he will proceed to Rio de
Janeiro, there to Join thu fleet on January 1.
The man who has been selected by the
Navy department for this Important duty
Is Captain K. F. Greene of the United
States army transport service. He Is M
years of age and has made tn all seventeen
trips through the straits. He has-been a
sailor since he was 11 years old, when he
Joined the confederate navy. His first trip
was made In 1&U9 and the lust, a year ago,
when he brought the lighthouse tender
Juantia to the Pacific coast. Captain Greene
will assume charge as pilot of the fleet at
Punta Arenas about February 1, according
to schedule. There will be assigned to him
by Admiral Evans one of the fleetest of the
torpedo craft wltlf which he will lead the
way through the straits. The actual pas
sage will require about forty-eight hours.
Captain Greene anticipates no danger
In taking the squadron safely through.
"There Is no danger In passing through
the straits if you know the channel," he
said. "It is to all intents an Inland sea.
The water is dcepand there are no heavy
seas. It Is essential of course that the
pilot knows every foot of the channel.
Pulsing through the Mraits cuts off the
I Hint dangerous pa-t of the tup between
., . ...
the eastern and western coasts; name y the
1 ,, , ,, . ' . , '
I "l . , 0"" J "c ,rom
the east and west meet at t tie Horn and
In cone(;uence It is frequently hIiiiumI Im
possible to carry a ship around. At all
II. nes it in decidedly dangerous. '
"N.)t only la this danger avoided in pars
ing through the straits, but a great saving
In time is'tffeclrd as well. The Journey
lp shortened komtwhat and having to
conibjit no w Inds or s. as. It is possible to
' 3rlvo the Lou" a'"n8 at a rt'atf'r "f ed."
T".-.
BONDS AND ROAD'S EARNINGS
Auditor of Walsh Railroads Gives
Figures in Trial Now On
at t alcauo.
CMlCAuO. L. 0. W.-. F. Williams,
auditor of the Walsh railroads, was cross
examined by the attorney for John R.
Walsh at thd Ulttrs trial today. Witness
stuted thut the railroad sc. uunll Were
correctly kept and that aWl. hud given
him 110 instructions to exaggerate the value
of the pri.p. rties or otherwise.
He testified that the surplus net esrnlngs
uf the Southern Indiana railroad for l'l
V.ut amounted to $1 ,Xi,3i. Deceit. ber IS.
16. there were uutslaiidtrg 7.6.'JOO of
Inst mortgage bond, for which t,,115,!:'X
hud leen received, and t2,tiu,u0 of bond
certificates, for which there bad been re
ceived fl.siS.tuu, a total of Sb.5-.ijc0 of out
standing securities for wliieu tt.iu.UX) bad
been received.
GRIGSBY WANTS PLACE FOR SON
Sonlh Dnkntn II ouch Itlder Visits
President to Secure the
A Opolnt ment.
From a Staff Correspondent.)
WASHINGTON. Dec. 91 -(Special Tile-
gram.) General J. W. Grigsby of Sioux
Falls. S. D., one of Roosevelt's Rough ;
Riders, Is In Washington on legnl business !
beforct he court of claims and also to secure !
the appointment of his son, George B.
Grlgsbv, as United Stnles district attorney
at Nome. Alaska. General Crlgshy. when
appointed United States district attorney
for Alaska In l!1;. took with him his son as
his- assistant an tlihe young man has re
mained at Nome ever since, hav'ng been In
practical charge of the office for several
years.
General Orlgsby was succeeded In the
office of district attorney by Mr. Hoyt. a
cousin of the then solicitor general. Upon
the retirement of Mr. Hoyt. young Grlgshy
was suggested to the Department of Jus
tice by Mr. Hoyt for rpomoilon. hut as yet
he has not been nominated, snd General
Grigsby Is here to see what can be done
to secure the young man's elevntlon to Ihc
office of United Slates district attorney.
General Grigthy this morning called ipon
the attorney general and doubtless will
see the president during his stay In Wash
ington. J. H. Weiss of South Omaha wos the
lowtst bidoer for the work of constructing
an addition to tho postofflce at Deirolt,
M ch. His bid wss J1!W,0.
One of the president's callers today was
FrcVrlck van Huren, a direct descendant
nf President Martin Van Buren. The
oresldent was very much Interested In hhn
on account of his remarkable likeness to
Admiral Dewey. Out In Cedar Rapids, la.,
his home, and other places In the middle
west, where Is Is known, he has received
tho cognomen of "Admiral Dewey's
double.'1 He says lie has been mlsttken for
the admiral on several occasions In Chi
cago. Representative Tollard left. Washington
tonight for Cleveland, where he will deliver
an address at the banquet of the Mer
chant Marine convention tomorrow night.
responding to the toast "The Merchant
Marine as Seen from the Viewpoint of
Congress. " From Cleveland Mr. Pollard
will go to Chicago, where he will he Joined
by Mrs. Pollard 'and they will spend their
Christmas holidays at Butler, Pa.
Congressman Kinkald has recommended
thut a postofflce be established in Custer
county to be called Burr ' Oak and that
Wlllium Davis be appointed postmaster.
He has also recommended the appointment
of Drs. Willis Talbot and C. J. Christen-
sen a-i members of the board of pension
examining surgeons at Urokcn Row, Neb.,
vice Drs. Cyrus Pickett and A. L. Mathews,
resigned.
W. C. Dickerson of Clay Center, Neb.,
has been appointed fireman In the Treasury
department.
Jacob Fteedman of Omaha has been ap
pointed a clerk at Fort Omaha.
Postmasters appointed: Nebraska Mars
land. Dawes county, James M. Willis, vice
F. R. Hellamy, resigned. Iowa New Vi
enna, Dubuque county. Jacob A. Elena,
vice Stephen Frolmann, resigned. South
Dakota Harrison, Douglus county, Mary
Vanderwerp, vke eorge Vanderwerp, re
signed. . .
SHEEP HEHUlRJS MURDERED
Charles ltrnae Found nt Camp on
Beaver Creek with Bullet
Hole In Body.
LANDER. Wyo., Dec. 20. fSpeolal Tel
egram.) Charles Hesse, a camp mover
for Dick Barrash. a Rock Springs sheep
man, was shot and killed In his Mieep
camp between the government slide and
Halley, on Beaver creek, Wednesday night
by a sheep herder named Homer Stalch,
also In the employ of Rarrasli. The mur(
derer took his rlrle and a saddle and horse
belonging to Barrash and rode to Lander,
reaching here yesterday evening. He sold
the outfit to William Vaughn, a livery
man here, for 165 and Intended to leiwe
on the eastbound train this morning, but
got drunk and was urrested by Sheriff
Stough late last night at the Capitol ho
tel. Hease's body was found yesterday
by Frank Kahler and another herder
called Big Jack, who noticed the sheep
wandering without a herder. They
rounded up the sheep and found the body
of Hease at the camp. Hease had evi
dently been killed with a rltlu and there
were some evidences of a struggle, as
the utoek was broken off the Winchester.
A messenger was sent to Lauder and it
was upon a telephone message from him
tljat Stulch was arrested. Coroner J. W.
Shoo hus gone to Halley to hold an In
quest. Stalch has confessed the crime,
but claims fcelf-defenHe, saying that Heuae
came at hlin with a butcher knife and
he wus forced to shoot to save his own
life. He claims to be but 19 years old,
but looks older. He had been In the em
ploy of Barrash for four months, romlr.g
here from Big Horn county, this state.
House was a member of the Woodmen
of the World and his funeral will be held
here Monday under the auspices of that
order.
COTTON, NINEMILLION BALES
This Is Production Up to December
Thirteenth! According; to
Census Report.
WASHINGTON. Dec. 0.-The census bu
reau today Issued u bulletin showing that
the total amount of cotton of this year's
growth In the United States finned up lo
Dei ember 13 last was S.2S1.077 bales, as com
pared with 11.112.7S9 bales for the same
period last year and 9.2)7,819 bales for the
sur.-e period In l'ufi. Tho total i.umber of
active ginneries was "7.152. In this bulletin
ro ind bales are, counted as half bales.
The number of round bales Included is
lb7,1s", for 1Kij7 and -4:t,'vj for lis); find 203 137
for l!'o. Sea island Included iu.il5 bales
for !9r7. W,i:i for lmsl and 00,S3a for V.'oi.
PLUMBERS' TRUST IS CROKEN
Judgment of tiuoter Taken In Ohio
Against Twenty Firms In
oiuMuatlan.
COLUMBUS. O., Dec. 30.-In the circuit
court at Dayton today, Attorney General
Kills tool, judgment of ouster against the
twenty Ohio companies and firms dealing
In plumbers' supplies v!o were found to
bo in the nati.Hial combination of such dee'
ers. The court orders them out of the
combination, which It found to be In re
straint c! trede.
FLEET OFF ST. THOMAS ISLAND
Last ' Message from Paclflr-Buund
ships Comes front Porto
It Ico.
ON BOARD FIGdMIP CONNECTICUT.
(Thursday Dec. .-Ni.on By Wireless
Telegraphy to San Juan, Porto ltico.
The fl.'et Ht thin hour 1 full nilld t...rO.
west of the Island f bu Thomas. Tl. J
weather is fine. I
TROOPS ARE TO LEAVE
President Orders Soldiers at Goldflcld
Back to Station.
SHARP WORDS TO GOV. SPARKS
Nevada Executive Virtually Accused
of Shirking Duty.
SAYS STATE SHOULD KEEP ORDER
Facts Have Not Justified Call for
Federal Assistance.
MINE 0WNEFS STAND PAT
Refusal to Rrreltr Attorney of West
ern Federation P.xrrpt si nn Indl
virtual Fifty Nonunion Men
Brought In
WASHINGTON, Doc. 20. President
Roost velt today directed the withdrawal
of United States troops sl I loned at Gold
field, New, on Monday, December SO,
next.
Telegrams on which tho decision to
wlt'iUraw the troop, is based were given
out at tiie White Hoimu loi'ay. The first
under date of l'e. ember 17, directed to
Governor Sparks of Nevada and signed
by the president, reads:
1 sent the troops at your request be
cause, from tin tenor of your tclcgr&m
anu from t lie representations made me by
the two senators lioin Nevada and tho
member of the lower house of congress
from Nevada It apr-ared that an Insur
rection was Imminent against whlca tho
state authorities would be powerless. Tho
troops have now been in Goluileld ten
days and no Insenrrectlon has occurred,
mi l Heeni'.ngly no cliviimstani es exist tn
Justify your now calling on me for action
by the troops under the provision of tho
constitution. The troops went to Gold
field to be reaily to meet a grave emer
gency which seemed likely at once to
arise and not to provide a substitute for
the exercise by the state of Its poller
functions. 1 do not feel at liberty to
leave them indefinitely under sucli cir
cumstances that they will in effect be
performing on the part of the Unltel
."states those ordinary duties of maintain
ing puo.ic order in the mate of Nevada
uliich rest upon t lie government of tho
state. As the legislature of Nevud.i has
not teen convened, I hiu hound to atmime
mat tne powers already vested in the
peace offices ,; the state are adeuuate.
u.irl tliut if tl,..t ... I i. mn lh,.i' ti.
,ain(in rij,.r themselves. Under these
circumstances, uiiles there be forthwith
fuitnt-r cause shown to Justify scoping
me troops In Uolclllcld. 1 tliail i ,t that
they shall return to th li' forniei stations.
THEODOHH KOOSLv fcLT.
Second Telrtrram to Governor.
The following telegram was sent to Gov
ernor Sparks today by the president:
I have received no answer from you to
my telegram of December 17, In which I
fald tiiat unless there was forthwith fur
ther cause shown to Justify keeping thu
troops al Ooldfleld I shuiild direct their
return to their former stations. I m In
formed by three representatives of tho
Iiepartmeiit of Commerce and Labor, who
are In Ooldfleld by my order, that you
have stated to them lu writing mat yoa
will not convene the legislature to con
sider call for troops nor time Uie neces
sary steps to form a safe nllltary force..
Their report further satisfies ma that there
is no dlsturtiHTne threatened which tho
government of Nevada oiiuht not be able
to control If It starts to work with a seriors
purpose to do so. but that no effort Is
being made by tn government of Nevada
to take the uteps necesiiary In the matter.
I stand ready to see that the national gov
ernment does its full constitutional duly
In the mutter of preserving order, but this
readiness on the part of the national gov
ernment does not excuse ih state govern
ment for failure to perform Its full duty
! In tho tirst pluce. Ued-ral aid should not
of relieving itself" from t lie performance ot
oe sougui lor oy toe smic a.i a iii.:iiiim
this duty, and the slate snouiil not db
permitted to substitute the government of
the United States lor the government of
the state In the ord'nary dities of main
taining order In the state. For the reasons
given in this and In niy former telegram I
have accordingly .Iireiied the troops to re
turn to their former Mution 011 Monday,
December 3w next.
tSignedl 'lHKoDORK ROOSEVELT.
Operators Refuse to Negotiate,
GOLDFIELD. Nov., Dec. 2l. The Gold
field Miners' association refused today to
recoRiiize the Western Federution of Min
ers as a labor organization or to deal with
thu local miners' union as a body.
A reply to a letter asking for a confer
ence with Attorney O. , N. Hilton w as re
ceived by Mr. Hilton this morning saying
that the executive committee of the Mine
Owners' assoi'lation would be pleased to re
ceive linn as an Individual, but that the
decision of the mine owners to ignore tho
Western Federation of Miners In the future
Is Irreovacuhle. Thus ends In failure the
inlHBlon of Attorney Hilton, who came from
Denver delegated by 1'rcfident Moyer to
make a compromise with the mine owners.
If possible.
Attorney Hilton upon receipt of the letter
dispatched a telegram to President Rooso
velt setting fortn the fact that the offer
of a compromise has ben refused and as
serting that the commission sent here by
the piesldent lo investigate the labor situa
tion Is hearing but one side of the case.
He accuses the members of the commission
of being prejudiced In favor of the mine
owners.
Strikebreakers Arrlvo.
Fifty strike-breakers arrived on the train
from California at 11:15 a. ni. They were
in charge of guards and detectives of tbs
Mine Owners' association and were taken
at once to the temporary boarding houses
which huv.i been established by the mine
owners in the Combination mine. Many
members of the Western Federation of
Miners were etitiiered ut the depot, but
beyond the passing of some uncomplimen
tary remarks, nothing occurred. Attempts
were made by strikers to approach tho
strike-breakei s to induce them to desert
the mine ouners, but these efforts were
thwartd by the guards. A strong line of
guards now patrol the grounds around the
Combination buildings and prevent pickets
from tnlklni; with tne Hlrike-hreakeis.
Tho Combination mine und mill are work
ing today Willi more men under ground
thu n 011 any d..y since the strike waa de
clared. FINAL ESTIMATE OF ACREAGE
Department of Agriculture nt Wash
Ington Figures nlue of Crops
of I ulted Mutes.
WASHINGTON, Dec. -I'.-The Depart
ment of Ai ici'lture today Issued a repoi t
g,.ng fir .il t.s-.hnali s of acnusv, produc
tion und value of farm cups, showing
winter wheal Uci.-Mge to bo I'l.llK.OnO; pro
duction. ti.H-.i"! bushels; value her
bust el, fc 2 cents.
Sprit. g wheat, ui reage, 17 liTD.Oiofi; produc
tion, bushels; value. cents.
Corn, acreage, S9 .IMl.bUu; induction, i,
M2.22'J.IM) bushels; vul.:.-, .1.7 cents.
Oats, acreage, Kl .nT7.w.: pridmiion, JM,
tli'.'x) bushels; value. 44 3 i. nU.
1 he average Weight lit bushel is shown
by reports received y tr department P
b St, J pouni's foi opting ..heat, &v 9 pounds
for wluier wheat aud TJi ouuds for out.
t