The Omaha : Daily Bee VOL. XXX VII NO. ICG. OMAIIA, SATURDAY MORXIXO, DECEMBER 23, 1907 TWELVE PAGES. SINGLE COPY TWO CENTS. LOW RATE IS I1IDDLN Triico Merchants Make This Charge Against Express Company. BULK SCHEDULE NOT POSTED allegation that Attempt Wat Made to Deceire Shippers. DISCMMEIATIOII ALSO CHARGED Association Makes Joint Shipment of 16,000 Poundi from New York. PACKAGE RATE IS COLLECTED Matemeat that gulpments fc Express Wtpt Ner a arr for Ckrlstmus Trade axaiw - f Slow Freight gervlr. PAN FRANCISCO. Cal.. Dec 27.-Inter-state. Commerce Commissioner Franklin K, Imjia today began an Investigation Into the romplalnt filed with the commlmlnn against tha WeTls-Kergo Express company by the California Commercial association of Ban Francisco, charging the express company with discrimination, concealing ratea which had he en filed with the Interstate Com merce commission and other violations of the Interstate Commerce law. The associa tion Is romposed of about thirty wholesale and retail dry good firms. The charges of discrimination are baaed upon the refusal of the express company to transport a shipment of 16.000 pounds, consisting of 443 packages from New York to ths California Commercial association 'n Ban Francisco last August at the bulk of quantity rate f $8 per lo pounds, the company charging the regular package rate. It is also alleged that the express company charged a higher rate than that published and filed . with the Interstate Commerce commission, which was wilfully concealed and hidden from the public. This the complaint avers Is distinct violation of the Interstate Commerce act. Reply of Eisrem Company. In answer, the express company denies all allegations made and charges that the association resorted to subterfuge In order to extort unjust discrimination In Its own favor and based Its refusal to grant quaa t1ty rate upon the shipment In question on the ground that while consigned to one consignee It was Intended for more than a score of firms. It was brought out by Commissioner Lane that since the Ore of April IS. 1908, It has required seventy-five, ninety 'and even 130 days to get freight shipped from New York, which -had forced inany merchants to chip by express In order to get their goods for seasons for which thejr wcra Intended. Frelsrat Srrvleo Too Blow. Mr. Lsno also elicited by Ms questions put to witnesses that while freight rates at era fed from 2 to S cents a pound from New York to San Francisco the express ran. Is'frosi S J S rail a Tinned., ft de relnped that in order to take advantage f (be lowest express rate of t cents made in shipments of M.000 to 20.00(1 pounds a number of the local retail , and wholesale inrtthnnts formed an association which could not separately make such large ship ments. .These shipments gathered and for narded from New Tork from a forwarding aaency. are consigned to the association md by It delivered to its members. Pecause it does not constitute a firm or ne concern the express company refust d " apply the rate on a shipment of 16,000 pounds, charging the association 1700 in f HOCUS. The charge of concealing rates Is In lbs s negations made that the expreaa pom panics complied with the Interstate Com merce commission schedule containing the sulk rate, but did not post the rate pub liy and It was kept locked up so that the public might not know of the lower rate. THIEYES LOOT MISSOURI BANK Twenty-Five Htssrea Dollars Takea, bat Footpads Are rupture and Money HeroverosU ST. JOSEPH. Mo., IVc. 27. A special to the News-Press says the Bank cf Camden Tolr.t, Camden Point, Mo., thirty miles south of St. Joseph, was robbed by three men at 3, o'clock and S!,ii00 In currency taken. A fierce battle between citizens and the robbers took place. In which many shots were exchanged, but the robbers escaped. They aero pursued by a posse and are believed to be surrounded in the hills near Dearborn, six miles from Cam den Poult. Their capture is expected at any time.. The robbers were discovered by 1'ruf. Baihaii. president of th Camden Point college, who saw a light In th bank and aroused the cttlsens. Three explosions occurred, after ths alarm was given and tlm safe and Interior of the bank were wrecked. Th Camden Point robbers wera captured about I o'clock In the woods on Platte river, near Edgerton Junction, a station on the Rock Island railroad. They have not been Identified aiid were taken to Platte City ana Jailed. Th loot was about SX&O of whlth Sl.OuO was In silver. The robbers have told where they hid th luuney In a straw stack pear Edgerton. One Of tli bandits has been Identified as Clyd Rrd. son of a respectable farmer near Edgerton. H is 26 years old. VESSEL BATTLES WITH STORM British flfclp Drnosaeae Reaches Saw Fraarlaro After Nearly Year a Voyage. BAN FRANCISCO. Dec. 27. After a voy n ce Occupying 130 days, during which It encountered the flprcest hurricanes ever r-)t by the oldest hands on board, the Brit Wh (.'; Dynomen reached this port yes terday. The Dynomn left Newcastle. Knelsnd, November a. Heavy weather , en-vuntered In the vicinity of Cap Horn and by May t many of the craw were par tially d'.aabled. May 1 the Dynomen was struck by aea which snapped off th bownprlt. The foretop gallantyard fell through the deck and nearly killed a man sleeping In th forecastle. &r May 30 th Dy nonu-iie waa a helpless derelict and for Ave day all hands lived tn th cabin aft. After the work at dealing away th areckag bogaa aad while superintending Hits Captain Proctor waa seriously in jurad. Th nurrlcaa tneanwhll had blown the ahlp around th Horn. A change of wind carried It bark, and after weeks of liaidahla the ship was worked nnder Jury U Into Montevideo, where repairs were uiade. Captain Proctor waa sent bom to . Ui.gla.nS with th seoecl mate, who alaa 1 was lajured In th burr!oana and th ahlp ! reautnal tt," Ja cttOaffiasjt t.Can- V Wi ieaiTJ . ... SUMMARY OF THE DEE an a. . W O at fOAf 1907 DECEMBER 1907 MOSJ TV I ( 4 5 6 r .7 II 12 13 14 18 19 20 21 25 26 27 28 $ T 5 c I .,2 cffl I. v 3 10 17 -.24 29 FOR C VTJl-NtlL. PUTTS AND VK'INIT .Faturrtuy: colder. rYiRB'A ' ,-OR NEBRASKA Partly cloudy Bsti oay; colder. rvREt AST ivk iowa Generally isir Saturday; colder. Temperature at Omaha yesterday: 73m Hour. Deg. IT7 r, 7 ,. 41 4 4 42 R as 33 SI SO r XMmxsrria Interstate Commerce Commissioner Lane has begun hearing charges of Jlscrimliia- ; tlon and concealing rates made by Hon Francisco merchants against Wells Fargo Express company. 'ago $ Trains on Pennsylvania railroad near Camden. N. J, meet In thick fog. result ing in three dead and seventeen Injured. . rg Denver girl marries Indian iover after fire years' opposition from her family. Fag's a Wells-Fargo Express company and other compares are ensjaged in row ove business In Pittsburg. Fag 1 Thieves steal 12, (00 from Bank of Cam den. Mo., and are later captured. Fag 1 Fred Bonfils has been charged with as sault and battery In Denver by Kenaior Patterson. Jraga a Vessel battles nearly a year with storms on voyage to San Francisco. rag a Des Moines man eludes prison keeper and commits suicide. Fags 1 Hill and Harrlman lines in Oregon are engaged in strenuous warfare. Fag 1 Senator Hale stands by Rear Admiral Brownson In his refusal to transmit the executive order regarding tha command ing of the ships. Pag 1 FOKEZOV. Panama merchants object to tha gov ernment stores acting In competition with them. Fags a Nebraska Telephone company terminates Its contract with Burlington road whereby special rates are given railroad employes In return for special favers from the-road. Far Mrs. Barnhart of Norfolk la glad she shot her husband. Fag a X.OCAX. Decrease In local receipts of internal revenue department iue to temporary cluing' of'aisfrriery for' repairs" and not to wsv of prohibition. Fog 1 Driver of mall wagon tells of unsuc cessful attempt to hold htm up by two men near Eleventh and Harney streets. Fag S Japanese student declares Japan ex tends welcome to Christians, needing In fluence of their religion and missionaries Fag 6 Money Is going back into savings bunks and as a result their deposits are larger now than a year ago. Fag 6 Price of seed corn has gone up S to 7 cents since contracts were made and seed houses will have difficulty in filling or ders. Fag It COMatZKCXAJ. AJTD zjrsinmuAju. Live stock markets. Fag 9 Grain markets. ' Fag Stocks and bonds. Ffcf S MOTIXESTI OF OCEAJf BTXAJkTSXXPS. Port. irrltel. atllea. NEW TORK La Brutal. NATLKS SUTMila uni'THAMPTS Oceanic l KKNPTOWN . ' Celtic. Ntw YORK Campania l.U miles off Sandy Hook st 2 p. m will probably dock at 6 a. m. . Saturday. PANAMA MERCHANTS OBJECT CLalaa Go vera meat Stores Bell at Cost, Klllisa Legitimate Trade ea Isthnaaa. NEW YORK, Dec. Ti. Two parties from Panama have arrived In New York, one composed of ten disgruntled steam shovel men who threw up thejr Jobs on the canal because they thought that several of their fellow employes who had been discharged for incompetency had net received th square deal," and the other a delegation of merchants who are going to Washington to protest to the president against th government stores established on the isth mus for the accommodation ef th men. The.y say the government stores ar selling goods practically at cost and that they cannot compel with them, as they ar obliged to pay duty on everything they im port. The merchants say that many of the employes of th canal purchase goods not only for themselves, but for others not employed on the canal and therefor not 'entitled to trade at ths government stores. SUITS ARE SETTLED EN BLOC Portr-Ose TkaiuiS Dollara the Cost of lattrtrfcia W reek at Charleston, III. CHARLESTON. 111.. Dec. ST7.-Forty-three damage suits against the Central Illinois Traction company, on account of the wreck on the road last September, wore settled today for Stl.OuO. On account of these suits a roctiver had been named for the road, which is owned by Chicago cap italists. One of the latter Is Judg Peter Grosscup of the Chicago court, who with other directors was Indicted after the wreck for alleged carelessneas. It Is said the receiver will now be discharged. A suit brought to have dec) yd fraudu lent a mortgage for 143.000, $ the Col onial Title and Trust corop and one for Slt0,Oi0, given to the Av u Trust and Savings bank of Chicago, was dis missed also. SALOON MAN IS NOT GUILTY rood Trial In Kansas City Test Case Resnlts la Verdict of Ac nlttaL CHICAGO, Dec. S7.-Tbe Jury in the cas ef Thomas Chamalea. the first saloon keeper to be placed on trial for violation ef the Sunday closing law, today returned a verdicr of not guilty. This was the sec ond trial of Chamaios. th first Jury hav ing disagreed after being out twenty-four hsura. Ths seoosd, juX WJ tocksd up jsp JrS ill, 11 - m f 1 I ( 2 p. m J f mJ r. m tC3JJa.r- S p. m JTg V p. m lV J-::" 1 ff p. ra COMMISSION FOR STOKES Medical Officer to Be Assigned to Command of Hospital Ship. pTT. DEFEXDS BSOVTXSON'S STAXD Ilea of Senate Naval Committee Kara All Command should Be Held y Line Ofleera la laterest f Discipline. WASHINGTON. Dec. 27. The orders as signing Burgeon Charles F. Stoke to the company of the hospital ship Relief are expected to be signed very soon. It having been definitely decided, according to Sec retary Metcalf to appoint him to that po sition. With this end In view every effort will be made to obtain a merchant crew and master for the vessel. Falling to man the Relief with a crew from the merchant marine tha enlisted force of the navy will be drawn on and a itne officer assigned as csptain. In which case he will have com mand. . While the hip is practically ready for service there are a number of things to be done to put It In the best of shape, which will take probably until February L The scheme of having a medical officer com mand th Relief In the event a merchant crew I secured Is to have a trial for at least six months and If the experiment prove satisfactory then th expectation Is that th assignment of a surgeon to com mand hospital ships will be a permanent leature of naval administration. Admiral Brownson's relinquishment of his position as chief of the bureau of navi gation, carrying with It, as It did. ex ofhelo connection with the naval general board, will result In a considerable loss of pay to the officer. Being entirely with out duty and relegated to th retired Hat. his Income will be diminished In the first place by the loss of 2S per cent of the full pay of an admiral on the active list, namely. I7.W0 a year. Also he will no longer receive the allowance to an active officer "of his grade of S1.600 a year for quarters and 1600 a year for heat ejid light. It so happens, however, that Ad miral Brownson Is a man of Independent means and able to disregard financial con sideration In taking his stand as champion of the line in the present battle wirh the staff. The formal order detaching Rear Admiral Brownson from duty as chief of the bu reau of navigation was made public today. The same order detaches him from mem bership In the Joint army and navy board. Hale Defeads Browasoa. Senator Hale, chairman of the senate committee on naval affairs today voiced frankly his attitude toward ths resignation of Admiral Brownson as chief of the bureau of navigation. "I think that Admiral Brownson has acted with praiseworthy coourage and promptness In tendering his resignation." aaid Benator Hale, adding that, he had not seen the admiral since, his resignation. Mr. Hale continued: ' . "I have always sustained the staff officers in their fight for positive rank and com plete recognition such as la received by tbeirpeera, la the army and I.toe ham bill pending which gives them such recog nition throughout the service. But tn that measure there is a precautionary provision against giving them actual command of any naval vessel. This Js the continuation and extension of the fight between the two branches of the service. That fight Is the crux of the present controversy and be cause I think he Is right my support is given unreservedly to the admiral as against the contentions of Burgeon General Rlxey. It may be that on some occasions staff officers have been in command of vessels, but I know of no Instance when such officers have been given command after the point was raised and both sides were heard. I do not believe that the contention for command by staff officers has ever been pressed seriously In the past." la Interest of niwtnllne. When asked for his reasons for the position taken, Mr. Hale replied: "They are entirely in the Interests of. discipline. Think what might happen if the command of the vessels should be turned over to a chaplain, or even to a paymaster, and It is just as reasonable to put the crews of a naval fleet under the charge of those officers as it Is to place them under the command of a surgeon. Admiral Brownson recognises this fact, and being a man of character and decision, he did not hesitate to resign his position, when, as the active head of navigation, his view of the law and of the best policy In the Interest of the service was over ruled. He will not lose anything by his manly course, either In the navy or with the public." I'hyslclaas Btaad by RUey. CINCINNATI. Dec. 27.-Dr. C. A. 8. Reed, chairman of th legislative committee of the American Medical association, today sent the following telegram to Surgeon General Rtxey at Washington: "Your demand and the president's order giving the medical corps of the navy actual control where It has actual responsibility command grateful approval by the 140,000 physicians of the United States." When Dr. Reed teamed of Rear Ad miral Brownson's resignation and the reason therefor he telegraphed the presi dent commending his stand In ths name of the American Medical association. DARROW MUST LEAVE CASE Chief Connsel for Pettlooae Tnable to Remain to Finish Trial at Bolso. BOISE, Idaho. Dec. 27. Clarence Darrow, chief counsel for the defense in the Petti bone case, has been forced to retire from the case for the present at least on ac count of bis health. He will leave this afternoon for Los Angeles, where he will submit to a mastoid operation, which has become necessary because of an abcess In th middle ear, which baa given him trou ble for the last six months. After he de livered his opening statement to the jury yesterday afternoon his physicians In formed him that If th operation was not performed his life would be endangered. There is little probability that be will be able to return to Boise In time to make the closing address for the defense. Former Congressman Edgar Wilson will b In charge of the defense for the present at least. Mr. Wilson, however, waa una ble to be In court today on account of Ill ness and John T. Nugent conducted the ess, stating that th defense would begin Its evidence by the Introduction of deposi tions taken on the Bradley affair. The reading of the. depositions occupied the en tire forenoon session. There was Intro duced an effort to show that the explosion at the residence of Fred Bradley tn San Francisco was tha result of a leakage of gaa. It waa shown that Bradley had ex ported damages tram, ihs (U ceppjqjy tat XlM Ca doat RUSSIA DEFERS TO AMERICA! Premier atolypla ftaya Fair sad "peedy Trial Will Re Ulvem Areasesl Persons. ST. PETERSBURG. Dec. 2T.-TTie petition from the t'nlted States pleading for the liberation of Nicholas Tsehaikovsky and Madam Breshkovskaya have attracted the attention of the highest rlrcles here to M. Tsehaikovsky. whose arrest had been known to comparatively few persons In Russia. The petition represents the senti ments of thousands of citlsens of New York. Chlcsgo and Boston, t'pon receipt of the petition Premier Stolrpin Inquired personally Into the esse, and this afternoon he Informed the Exprea" that the petition would receive due consideration. "The American public, ran rest assured, however." the premier said, "that every thing will be done to avoid delay and give M. Tsehaikovsky a fair trial as soon as possible." The request bf the Associated Press cor respondent for permission to Interview him waa at first received with a fiat negative, as such a thing Is against all traditions, but In deference to American sympathy the request was takAn under considera tion, and, if possible, an Interview will be arranged. It Is believed that the indictment against Tsehaikovsky will be baaed upon Ms con nection with the Importation Into Russia of arms for revolutionary purposes. It was to collect money for this purpose that he visited the Cnlted States. Several large shipments of the arms thus secured were brought into Russia In lDOft and 1907 and other shipments were -intercepted at ths frontier. M. Tschaikovsky'a co-partner, Mme. Breshkovskaya, probably will face the more serious charge of being a member of the fighting organization which openly proclaimed Its responsibility for the assas sination of IJeutensnt General Vladimir Patloff. General Maximoffnky and many others. Madame Savinkoff, who was arrested here December 1(1. charged with complicity with M. Tsehaikovsky in his' revolutionary propaganda, was released today and ordered to leave Russia within three days, MEMBERS OF FLEET AT PLAY Llkertrnes at Port ."of ftpalo Karen sad Rajoy Theaa- elves. Visit PORT OF 8PA1N. Dwc. JT!. The tender Yankton left here today in advance of the American fleet for Rio Janeiro. It is con voyed by the auxiliary cruiser Panther. Five of the battleships today steamed out into the Gulf of Para to "swing ship" for the adjustment of compasses. Other ves sels of the fleet will do likewise tomorrow. The fleet will sail"for Rio Janeiro Sunday morning. The coaling mill be finished by tonight. A fresh batch of about 2.000 llbertymen came ashore this afternoon and went about the town or to the races. Many officers came ashore for the raoe meeting, where this la the second day. Dances were given by several citlsens last night In honor of the visiting officers. i The collier Hannibal left today for Pen sacola, whence she i2.?w gunboat Machlus to N' Ybrp Ma-cJUvr lo nidas left today for Hamilton Roads. The Virginia and Vermont vied today In friendly rivalry to see which eonld get the most coal on board In the shortest time. The Virginia won and retained th record gained previously. INDIANS BREAK UP IN FIGHT National - Congress at Karat Fails to Come to raaentasdlsg Over ' ; Homo Rale. SURAT. Bombay. Dec. 27 After two daya of futile efforts to elect a president the Indian National congress broke up this afternoon in a fierce fight, during which the police had to be called In. The congress was of especial Interest this year owing to the agitation for home rule. When the delegates assembled yesterday the moderates and Indian extremists at once locked horns on this Issue end the meeting was adjourned among much disor der. When they reassembled today thefr passions broke loose, and the platform from which moderation and constitutional action had been advised was rushed by the extremists In a body, who loudly de manded the speedy establishment of com plete home rule. Chairs and tables were broken In the scrimmage and table legs and other pieces of shattered furniture were used by the delegates as bludgeons on each other. The fighting became fierce and many delegates sustained serious in juries before the police finally cleared the j hall CAIN FOILS PRISON KEEPER Des Moines Man, Terror-Strlcken at Prospect of Penitentiary, Cats Ills Throat. DES MOINES, Dec. 27. By means of a rsxor which was smuggled to him during, the week. J. C. Cain, awaiting transporta tion to the penitentiary at Fort Madison, where he was sentenced to life Imprison ment for the murder of Charles H. Morris, a wealthy mine owner, slashed his throat In the county Jail here today. Death was not Instantaneous, and the freniled man with his own hands tore open the gaping wound, thus completing the act of suicide. Cain was notified by a turnkey this morn ing that the sheriff would take him to Fort Madison today. "Why didn't you tell me that last night?" he asked. "I didn't know It until this morning," replied the turnkey. "Well. I'll be ready for them." answered Cain, leaving his cot and going to the water closet. A few minutes later the turnkey was at tracted by moans from the closet. He rushed In and found the prisoner lying upon the floor writhing In a pool of his own blood. The rasor was still grasped lightly In his hand. NORTH AND SOUTH TO MEET Nrrel Rennlon of Bine anil Grny on BattlrBeld Proposed la Mlrklxas. TECUM 3 EH, Mich., Dec. 7 -At the an nual reunion of the Thirty-first Michigan volunteers, to be held her May 17, a plan will be discussed for the holding of a Joint reunion with the First Georgia volunteers, at Chattanooga, in U09. It will be the first of Its kind in the history of the country. It is proposed that th reunion be so ar ranged that the first day can be spent at the Chickarr.auga National park by those who wish to visit It. The next day a trol ley rid to Missionary Ridge and a trip to Lookout Mountain will be taken. A ban quet win be served In th evening. If It can be arranged, on th return trip th two regiments nun luc s tlkr at LESS CASH FOR GOVERNMENT Decrease of Internal Revenue Eeceipts in Nebraska District. CLOSE OF DISTILLERY FOR REPAIR Loss to th Government on Report for th Year Amonnts to Two Haadred Ninety Thonsaad Dollara. "The fact that there has been a diminu tion of approximately I2SO.O00 In the Inter nal revenue receipts for th Nebraska dis trict during the year Iftfl cannot In any respect be attributed to the wave of pro hibition now sweeping over the country," said Special Agent Evans of the Internal revenue department. "The caus lies wholly In the shutting down of the Omaha distillery during the last few month for repair and overhauling. "This distillery pays to h government a daily revenue of S12.000, or a tax of J1.10 on its daily output of about 10.000 gallons of distilled spirits, when It is in full op eration. For Instance, the tax paid by this distillery alone In ISOS was approximately R.000.000. while in 1907 It was about Sl..a0,000, so the reduction of revenue from this one concern alone was $250,000. leaving the total reduction from all other sources but $40,000. Blar Proflt Even Bo. 'There Is a big profit In whisky with even this high tax. About four and three quarter gallons of whisky can be made from one bushel of com, and with corn at 00 cents per bushel you see there is a little profit in the buslnes. after all. Of course you must take Into consideration that It requirea about four years to produce the distilled spirits from the original product, and there Is a shrinkage and evaporation of about seven gallons to the barrel (forty seven gallons) during this four years' process of aging. "The tax on beer is about $1 per barrel. There Is about three gallons of proof spirits to the barrel (II gallons) of beer. There is however a difference between proof and distilled spirits. If the spirits in the beer were distilled spirits the tax would be $3.30. so you see the beer men hsve a considerable advantage over the distilled spirits makers. "The Omaha distillery Is the only one In this revenue district, but after the middle of January another distillery is to be es tablished at South Sioux City, with a ca pacity of 1.000 bushels of corn or about 4,000 gallons of distilled spirits daily. The near est distillery to Omaha at the present time Is the one at Oskaloosa, Iowa, which has a capacity of about 250 bushelsf corn or 1.50U gallons dally. California W lore ForttftW. "All California wines are fortified by brandy, which brandy is a product of the grapes after the wines are pressed from th grapes and clarified. There la no tax on this brandy, which accounts for the cheapness of California wines. Most all foreign wines are fortified by distilled spirits which are largely furnished from the Peoria distilleries and hence their higher prices. "Denatured alcohol is not yet made at any of the western distilleries, but it Is possible that th new distillery st South Sioux City may snake ' It. The T.tatest bulk of denatured alcohol made in the country Is made at Peoria. At present It Is being produced from corn, none of the cheaper produots being used in Its manufacture by the distilleries. There ar but twelve makers of denatured alcohol In the country at the present time and these are all connected with the large distil leries." ENAMEL WARE FIRMS SUSPEND Both Hope Eveatnally to Reorganise ud Settle with gtorkholdrrs Other Tronble. BUFFALO. N. Y.. Dec. 27. A petition In voluntary bankruptcy was filed today against the Llsk Manufacturing company of Canandaigua, N. Y.. and the Reed Man ufacturing company of Newark. N. Y. Both manufacture enamel ware. Receivers of the two companies were appointed. The debts of the two amounted to $1,556..5. of which $1,479,41)0 Is represented by paper held by banks In New York, Philadelphia. Chicago and Frovldence. Each have over $1,000,000 worth of manufactured goods and stock on hand. Both companies hope eventually to reor ganise and pay In full, and save the plants and business for the stockholders. The receivers will operate the plants and the 850 employes will not be out of work. The capital stock of the Link company Is $2,000,000. That of the Reed company is $500,000, and Is owned by the Lick company. NEW ORLEANS, Dec. 27. On the appli cation of William P. Luck, who represents several large manufacturing concerns, the Schwarts Foundry rompany was today placed In the hands of a receiver. Moses Bchwartz, the president, disappeared from New Orleans at the same time as William Adler, head of the wholesale grocery firm of Adler A Co. MUCH INTEREST IN TEST CASE Right of Executive to Discharge Battalion ef Army Challenged by Lawyers. WASHINGTON. Dec. !7 War department officials are much Interested in the reported action of a firm of New York lawyers In bringing a test case In a federal court In New York to determine the right of the executive to discharge a battalion of the Twenty-fifth Infantry as sn outcome of the rioting at Brownsville, Tex. No such action has ever before been brought against the secretary of war In a United States circuit court under the Tucker act of 1BS7. The secretary of war has not yet been served with papers directing Mm to make answer In the suit filed In behalf of Private Reld of Conjpany C, to recover $123.-6, the amount of pay which he claims from the date of his dismissal, November . 191. to the date of the termination of his enlistment. July 18. 1907. TELL OF COST OF TESTIMONY fa Itnesses In Powers Case Relate Con veraatlona Aboot Pnyments Made Them. GEORGETOWN. Ky.. Dec. 27 The de fense rested Its cas in the Caleb Powers trial today and the prosecution began re buttal testimony. The defense called sev eral witnesses for the purpose of breaking down ths testimony of Noakea and Golden. Attorney W. R. Jewell of Danville. 111., testified that Ncakes made his Danville statement In the presence oft himself aud Attorney Max Lewis, but refused to sign it unless paid to do so. R. L. McClure, a newspaper correspond ent, testified that Wharton Golden aaid to him: "That damn fool (meaning Youtaey) Is talking too much- il won't g4 cent. WELLS-FARGO STEALS MARCH Raters Flttsbarsj r Trolley and e- esret lirsrr Annul of Boal imi Thereby, riTTSPVRO. Ta. Dec. T.. -Locsl execu tive officers of express companies cperstlng In Pittsburg have been summoned to a meeting In New Tork next week to con sider a situation growing out of the Wells- Fargo Express company gaining an en trance Into Pittsburg via a trolley line. A long standing sgreement among ex press companies requires that freight or packages taken In one office for delivery to another company that alone reaches the point of destination, must be delivered to the company at its nearest office. The second company, which delivers the pak age to Its destination In this way, usually gets the larger share of the freight charges. Th Wells-Fargo company Is the only transcontinental express rompany and an Immense exchange of freight hss always taken place between that company and others. Its business from Pittsburg has been enormous and most of this hss come from Adams, United States and American Express companies, which hsd the carry ing of the freight to points along the Brie railroad over the Pennsylvania and Balti more & Ohio railroads, securing a liberal share of the charges for It. The Wells-Fargo company, by contract with the Bessemer & I.ake Erie railroad and the Pittsburg & Lake Erie Electric railroad, secured entrance to nttsburg and the present holiday season developed that the local companies lost heavily In busi ness because they were obliged to turn over transcontinental freight here and also all that came to Pittsburg from the east along; the Pennsylvania and Baltimore & Ohio railroads. WESTERN ROADS IN CONTEST Allegation Portland Seattle Ter minal Company is Vlolstlnsj Antl-Trost Law, . PORTLAND. Ore., Dec. 27-ln a far reaching answer last night to a complaint brought In the state circuit ceurt the Northern Pacific Terminal company, a Har rlman corporation, avers that the Portland at Seattle Railway rompany, one of the James J. Hill lines. Is doing business Ille gally and therefore Is without standing In court In seeking to condemn a right-of-way across the tefmlnal yards in Portland. The terminal company says that the Portland Stattle road Is owned jointly by the Northern Pacific and Great North ern railroads and that the three roads are units of one great system; that there Is no competition between them; that the forma tlon of the Portland & Seattle was to se cure rights-of-way at strategic points to prevent competition; thst the formetion of a third company by the Great Northern and Northern Pacific is in violation of the statutes of Minnesota and Wisconsin, under the laws of whlQh the ta-o last named roads are Incorporatd, and finally, the answer asserts the alleged attempt at preventing competition Is In violation of the Sherman anti-trust law. GROCERIES AS SHIP'S CARGO Hondnrnn Authorities Makisg Inves Tlgstlrm of- Ilnoch of Vessel to Sontb. NEW ORLEANS. La., Dec. 27.-The Hon dursn consul here has cabled his govern menTto hold for investigation a cargo of grocer Us consigned to the Honfluran gov ernment, which was shipied to Perto Cortex on the steamer Alp last' week. The groceries were largely from the whole sale dim of Adler Sl Co., recently placed in the hands of receivers. William Adler, loading member of the firm, and late pres ident of the State National bank, has not been heard from since he left the city last week. One report has been to the elicit that, he has gone to Honduras. When the receiver assumed charge of the Adler a- Co. business yesterday, he looked up the papers In the shipment to Honduras and discovered the goods were consigned to the Hotnjuran government. The Honduran consul said the cargo could not have been Intended for his govern ment, and he cabled the facts and asked that the matter be Inquired Into. The Alps should have arrived at Puerto Cortex some days ago, but up to last night had not appeared. BONFILS STILLV BELLIGERENT Denver Pnhllaher Arrested on Chargo of Assault nasi Battery lie Is Anarry. DENVER. Colo.. Dec. 27. Fred G. BonPls. one of the proprietors of the Denver Post, was arrested today on a warrant sworn out by Thomas N. Patterson, former United States senator and principal owner of the Rorky Mountain News and Denver Times, charging him with assault and bat tery. Mr. Bonfils was taken before Justice of the Peace Thomas M. Carlon, who issued the warrant, and furnished bonds for his appearance for trial. In a card published In the Post today Mr. Bonfils states that the reason for his action was the publication of articles In Mr. Patterson's newspapers,' "villtfylng" him and declares he will call the senator to account every time they meet If similar publications continue to be made. TRACE OF FLO RETT A WHALEY Letter from Louisiana Indicates Toon Girl Who Eloped la Thero. NEW YORK, Dee. 27. That Florett Whaley, the young girl who eloped last April with Rev. Jere Knode Cooke, then pastor of St. George's Episcopal church of Hempstead, may now be In LoulclHiia Is Indicated In a letter received today by the clerk of the Nassau county surrogate court. The letter Is dated from Emden, La., U postmarked New Verda, La., and is signed "W. O. Jones." It says that a girl atout 17 or J8 years of age, who gave the name of Floretta Whaley was brought to hlg home last April by a man named Conke. The man said the girl was his stt-p-child and that her mother was dead, and that he was no longer able to care for her, the writer of the letter declares. LEWIS TO SUCCEED MITCHELL Vtrr President of Mine Workrrs from Ohio frlnted to Be Xrat President. WHEELING. W. Vs., Dec. 27.-Returns from a majority of districts In the United Slates Indicate that Vie President T. L. I.ew1s of Ohio has a majority of votes for the presidency of the United Mine Work ers, to succeed Jol.n MiUhcll. INDIANAPOLIS. lr.d. Dec. 27.-Jolm MiUtiell. president of the United Mine Workers, left today for Chicago to meet his wife and brother, who will accampany htm to Lxcoieior Springs, A1H SENATORS LN RACE Both Burkett and Brown Desire to Ba Delegates to National Convention. TO GO ON THE PRIMARY TICKET Also Desire Voters to Express Theit Preference for President. LAW NOT CLEAR ON THE SUBJECT Omaha Indians Submit Series of Que$ tions to Commissioner Leupp. SOME OF REQUESTS GRANTED Others ot Favorablr Consider- mm on Mill Other Depart mrnt De sires More Information Before Rating. tFrom a Staff Correspondent.) WASHINGTON, Dec. 27.-Ppeelel Twlo-gram-i-Senators Rurkett and Brown de sire to be delegates to the national re publican convention which meets In Chi cago June IS next and both are urging tho. primary election law of Nebraska to bring about their own election. "If Brown wants to go I want to go," is the thought of Senator Burkett. and "If Burkett goes surely I should go." says Brown. Both senators agree that under the ruling of the national committee thero should be a convention for the selection of delegates-at-large. they should lie guided by th vote of the people upon the question of a candidate. Senator Burkett has received a number of letters In the last two, or three day relative to this very question and In reply he has Insisted that the primary should toll the wishes of the people as to their Individual choice for president so that th delegates elected might ' lnuw what th wishes of their constituents wero so far as a successor to President Roosevelt went. In these letters Senator Burkett lias said that while he was for Secretary Taft, he recognised the right of others to be lor other candidates, and as Nebraska had established the primary law he thought It the part of wisdom to have th state vote polled ard have the electors say In voting for delegates to the national convention whom thoy favored. Intent of the Loot. Just whether the primary law contem plated the election of delegates to a state convention to seli-ct delegtcs-al-larg to the national convention and Instruct then delegates along certain lines Is a moot question, but the national committee left it wholly in the power of the rentral oom mittee of each state to determine th question as to a state convention for dele-gates-at-large and undoubtedly the Stat committee of Nebraska will determlno th question whether delegutes-at-large are to be Instructed just the same as delegate from the, congressional district in thi statu. ' . It is a most Interacting question for Nebrp.Fka and quite as interesting for Michigan and Wisconsin, for all have passed primary election laws and they all differ In their essential elements. Burkett wants everybody to vote his choice for president, on the theory that If the primary law means anything, it moans Instructions to delegates. Senator Brown Is -erlpo In favor of tha primary lew and believes In its applica tion to the political conditions which sur round the American commonwealth. Ha goes further. probably than his col league regarding the primary law and says Uiat the primary choice binds tha delegate, whether a district delegate or at large, and -llcves In the people vot ing their preference for president when they vote for delegate, thereby climinut lng the question of trad" wholly out of the equation. Lropn Answers Omakas. The commissioner of Indian affairs to day sent a letter to Hiram Chase, reply ing to some aiflltltinal questions upon which the Oiualia Indians wlnh to bo Informed. The four questions wort; First As to what Is known as "half breed cases." In Uils matter Commis sioner Leupp -: "TJie Indians men tioned Mrs. liimmick as one of the lust beneficiaries, but the Is the only pervon named. lct your report allow the exact status of these lands st the present tline and contain all the information necessary, in order to dispose of this fcubject prop erly." Mr. Chase says that out of 100 aeres, now known as tho school or agency quarter,- there should be reserved as publio grounds for the use of the Omaha tribe a square of ten acres, more or leas, of that portion upon whic h the school build , trigs tre slluuted. In reply to this Com missioner Leupp says: "The reservation of ten acres of land on which school buildings are sltujteJ si public grounds for the Oinnhas is a subject difficult to consider and it would seem, without luor definite information, it would requlr spe cial legislation ty congress." It is requested that authority b granted the Omaha tribal council to set aside a site from tribal lands as a btuial ground. To this Mr. Leupp replies: "Tbe request for a reservation fnr a burial ground convenient for the tribe aeema a very reasonable one, but there appears to be km pie burial sites already reserved, al though it may be that they are not con veniently located. It Is suggested that twenty acres will be ample for this pur pose." As to the complaint that persons, not members of Omaha tribe, be not allowed to settle on agency or school grounds, th Indian commissioner replies: "The objec tion to residence of persons not members of the tntie ori ageticy or school grounds seems to if directed against Chief Clerk t'odillngton. who is occupying a building ereetei by the fornir blacksmith, who took the land by tiermtsttlon of someone not In dicated by the Indians In their complaint. Minor Matters at Capital. Congressman Kinkald has recommended the appointment of William B. Miller as postmaster at Peres, Box Butt county, vice Fred S. Wescntt, resigned; also the appointment of Miss i'eeii R. Robinson as postmaster at Mariaville. Hock county, vice F. L. Hutton. resigned. Mr. Hlnshaw lias secured from th su perintendent of the free delivery a promise of an additional illy carrier at Falrbury. Postmasters appointed: Nebraska, Adelia, Sioux county, Sarah Hamilton, vice M. D. Jordan, resigned. Iowa. ltid. Van Buren county, Ernest T. Greenfield, vice W. A. Carson. leslgned. William F. Janus has' been appointed regular and Stephen Purdy substitute rural carrier for route 2; Thomas C. Llklns, regular. Charles Adrain, substitute for route $ at Orient, la. The application of J. R. Harris', H. B. Fiskett. J. P. Nye. A. W. Murphy, 1. Y. Lake and II. J. tie oil to organise tha First National bank of North Boro, la.. With $Jfi.' capital, ha ts-rn approved by th comp: roller of the ruriency. t.rand Island t vnple to Marry, CHICAGO. Dec. 27. (bej lal Telegram Henry Anderson and Daisy Mappo. Vibth of Grand Island. Neb. wvr UwsfcsoS to marry Jer Thursday.