Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 28, 1907, Image 1

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    The Omaha : Daily Bee
Triico Merchants Make This Charge
Against Express Company.
allegation that Attempt Wat Made to
Deceire Shippers.
Association Makes Joint Shipment of
16,000 Poundi from New York.
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
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.
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
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.
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 . ...
an a. . W O at fOAf
4 5 6 r .7
II 12 13 14
18 19 20 21
25 26 27 28
$ T 5 c
I .,2
I. v
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.
,. 41
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
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.
Mrs. Barnhart of Norfolk la glad she
shot her husband. Fag a
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
Port. irrltel. atllea.
NEW TORK La Brutal.
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.
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
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.
rood Trial In Kansas City Test Case
Resnlts la Verdict of Ac
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
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
Medical Officer to Be Assigned to
Command of Hospital Ship.
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
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
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.
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
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
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
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
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
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,
Llkertrnes at Port ."of ftpalo
Karen sad Rajoy Theaa-
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
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.
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
Des Moines Man, Terror-Strlcken
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.
Nrrel Rennlon of Bine anil Grny on
BattlrBeld Proposed la
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
Decrease of Internal Revenue Eeceipts
in Nebraska District.
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
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
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.
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.
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.
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
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.
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.
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.
Letter from Louisiana Indicates
Toon Girl Who Eloped la
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.
Vtrr President of Mine Workrrs from
Ohio frlnted to Be Xrat
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
Both Burkett and Brown Desire to Ba
Delegates to National Convention.
Also Desire Voters to Express Theit
Preference for President.
Omaha Indians Submit Series of Que$
tions to Commissioner Leupp.
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
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.