Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 17, 1908, Image 1

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    The Omaha Daily Bee
VOI XXXVII NO. 183.
OMAHA, FRIDAY . MOKX1XG. JAXUAI5Y 17, llKTEX PACKS,
tSlNT.LK COPY TWO CENTS.
MUST TELL OF DEALsuakiary of the bee
Federal Crcait Court Directs E. H.
Htxrlmui to Amjwtr Questions.
coTELjntiyrs point is good
Commiiiiott Entit) -
Stock 2 V'
Facta About
St
EI7IDL53 QUXSTlL
"CUTEED
It CoaUiuj N Facto Vetting
Interstate Commei
REGARDED AS GREAT Vi .AY
Crart ar Mortgaging Raad lta
Fa eclat ia geearllle
liar A Vert Carrie Ability
Perfars O !!: lass,
NEW TORK. Jn. 1C Judge Hough of
th United State circuit court, handed
down today an opinion directing Of to H.
Kuhn, a mntilxr f the banking firm of
Kuhn, Loeb Co.. to answer all question
propounded to hlra by tb Interstate Com
merce commission. E. H. Harrtman wa
directed to answer all queatlona except
those relating to tha purchase of L'nlon
or Southern Pacific stock in connection
alth the dividend of Aurrt. I-
Villi the exceptions were regarded as
Important questions by the government
lawyers who wre investigating the Chl
A Alton railroad reorganisation, thay
constituted only a small proportion of thoaa
that Harriman refused to answer.
Ttie clash between tha witness and the
commission occurred on February of
last year. For several dsys the Inveetlgat
ors had been endeavoring to get at tha
bottom of Mr. Hrriman"s railway manipu
lation connected with the Chicago Alton.
The question that narked the beginning
of th controversy was this:
Did you own any of the Chicago A
Alton preferred stock sold by the syndi
cate to the Union Pacific?'
Immediately the railroad president's liw
yar. John G. Mnbum. contended that the
Inquiry was not within the scope of the
federal Investigation.
Frank B. Kellogg, the government at
torney, tooU the contrary view. The out
come, after prolonged arguments, was that
Ilarrlman declined to answer a number of
question as to stock transactions, on the
ground of personal privilege.
Aaverasseat Make Appeal.
Mr. Kellogg and, his associates appealed
to tha federal courts to compel the wit
ness to aaswer. Among the lawyer who
represented Harrtman in the court pro
ceeding a as John G. Spooner. former
I'mird State senator from Wisconsin, who
bad been prominently Identified with tha
pa stag of the law under which the gov
ernment started its investigation.
Both Ilarrlmau and Kahn were exam
ined In relation to the affairs of the Chi
cago Alton, the Atchison. Topeka
rWnta Kc. th Illinois Central, the Bt. Jo-
,t Oeand JlaJand, ttv New Tork T."n-
j I Hjdson River and the Southern Pa
cific Railroad companies.
Stock In these companies waa acquired
hy I'nion Pacific company, of which
Harrtman was president, by an Issue of
nun vert ible bonds to the amount of SiOfc
WO.OW par. In addition the Oregon Short
Un. one of the controlled companies, is
sued bonds for S4S.W9. par. Kuhn. Loeb
Y Co.'s bank w as stock depsoitory for. the
purpose of facilitating the transaction.
Ifarrlman declined to answer the ques
tion whether he owned any of the stock
deposited with the banking firm and Kahn
Jacllned to answer questions relating to
!h ownership . by the directors of the
lnkn Pacific of any of the Chicago A
Vlton stock so deposited. Harriman also
-efuaed to y whether he had acquired
tuiy part of the stock of the Illinois On
ral with a view to selling it to the t'nlon
Purine, or whether he had procured It at
i lower price than that paid him by the
I n ion Paclfic
Paaltloa sf overet.
In tb course of the argument before
ludg Hugn the I'nited State district
utorwey. Mr. Stimson, said:
"What tb commlswlou Is endeavoring to
learn Is whether the enormous stork In
vestments ntilf with t'nlon Pacific funds
mounted to a waste of the assets and Im
pairment uf the fbcllltle of an Interstate
.ommerco arricr. and whether the matter
sf such Investments would b made sub
leet to the reflation of congress."
The questions t J wnlch Mr. liarrlmaa ob
jected related U t:c purchase of the stock
of other rsilrcada !n tlie Interest of th
I'nion Pacific and tj the t'nlon Paclflo
lcldrrxi. In regard to tha W.OUj.OO) pf
llllnoia Central, purchased at ITS a share,
he questions which Mr. tlsrrlmsn declined
to miser are as foiloas:
Were the o.W shares sold by yourself.
Mr Rogers snd Mr. Btillman pooled?
Wa It acquired for the purpose of se'Ung
t to th I'nion Pacific?
Was th stock purchased by yon at a
much lower price than IT with the lu
t.r.tlon of turning It over to tha Vrljn
Pacific?
U'd you hsv ny Interest in the KsVOX)
Miiaies sold st tne time by Kuhn. Loeb a:
t.. U th I'nion Pacific?
Were tn luit sliarea acquired by the
kkine pool for tus pwrpose of selling to the
I i. tun Pacific?
n the auLrct of t!ie I'nion Pacific
dividend. hKb adarril from rate of
f to M per cent per annum on August IS,
l!ng. with a consequent rise In the stock.
Mr. Harrliuan declined to answer the fol
lowing: Wero you dlretly or Indirect lv Interested
In any atotka that wrre bouaht beiw-n
!e l.h ut July and ITth of Auguit, that
appreciated?
tid ou or any dim tor buy anv I'nion
Pacific and Boutlern ps Iflc etox ka In an
ticipation if U.sl divkk-nd?
Oylalaa af the Caart.
The gtvunds assigned br Messrs. Harri
nsn and Kahn for their refusal are thus
summarised by Judge Hough!
1. The questions propounded are not
iwrtirwnt. relevant r material to any In
quiry slated or defined by tr. resolution
uf tre lutrist&J" t'omiuerce eommtsljn.
2. Said reso'jtton or ord-r an Im
proper method of oralnallng inquiry by
tlie comruisaton.
S t!. commission Is not em
powered eltner to the resolution or
make tlie oroer or ask the queaUma by a
ststutory grant of power.
4 If. however, rorgress has asaumed to
(ran statutory pwer authorising auch
prvKCdur trn such conressl.nl
isiit is unconstitutional- Inssmutu as con
cress Haeif could not aak tueae quest tons,
because they do not relate ti commerce
among th several staus.
Judg Hough says:
h ether the language of the petitioner'
tokoluttott la broad enough to justify tne
qjeMiuo depends upon th view taken of
the Interstate Commerce law. It' la clearly
ataied that th corumiasioa alauaa t ascer
tain whether the 'rtlationa' existing be
tseea rarnet subject to the art. and
tCuatlaued ua Keouad Pag.
Friday, Janaarr IT, lo.
slLUiRy 1903
ttt, nta imr r. ax
- 1 2 34
Z 8 901
u j g n &
12 13
1920
26 2?
222 23 24 25
25 2930 8 -
FOR' OMAHA. CTH'XCTL. PL.T"FF8 AND
V1C1NITV Fair Friday; rising tempera
ture. FOK KEBRABKA Fair Friday; rising
temperature.
FOR IOWA Fair Friday; rising temper
ature. .
Temperature at Omaha yesterday:
Hour. Peg
a. m
a. m
7 a. m
t a. m
a. m
J a. m
11 a. m
12 m
1 p. m
2 p. m
3 p. m
4 p. m
i p. m
p. m....,
7 p. m
s p. m
p. m
. T
.
. 7
.
. 12
. IT
. U
.
. S3
. M
. U
, 1
3
BOI1RIO.
Judge Hough orders K. H. Harriman to
miner all but one of the questions In
controversy. Fags X
Extra session of Kansas legislature
called by Governor Hoch meets for
passage of important measures. Fag 1
Secretary of War Taft appeara before
th senate committee on intcrceanic
canals to tell what Is being accomplished
In the canal Bone. lag S
Bodies are burled without funeral serv
ice In Boyertown, the desth list mount
ing up by d. green Pas 1
Boston's historical -Second Con;rr ga
tional church Is destroyed by an in
cendiary fire. rags 1
Temperature drops to sis degree below
cero In St. Paul. ( 1
Th Amalgamated Copper company tuts
It ususl dividend In half. Fag 1
Evidence of Thaw's early Insanity
trait continue to be shown In the New
Tork trial. Pag 1
Montana court rail upon F. Augustus
Helnse for CiO.vOO he owes Butte bank.
Pag 1
Daniel Sully is credited with deeire to
boost the price of cotton. Fag 1
Prohibitionist are planning to have
lie law passed In Texas. Fag 1
Ohio member of the legislature says the
rportlonn are planning to accumulate
a big corruption fund to Influence next
legislature. Fag 1
Ueader of the constitutional democrats
In Russia Is obliged to return homo, with
full statement of his . utterances in he
I'nited Stat, a here lie has bef n five
days- Fag 1
N'vda senate isuc a call for troor.
Faf 1
roLmcAL
Senator Brown, in i letter to V. B.
Roe, says be I not seeking the honor
of -being a delegate to the national con
vent km. MrmoaiU are where Jhvy blun
dered In the banquet program. Faf S
rosxiav.
Sale of opium will be cut off In tire
Philippines. Fag 1
Entertainment of Aroerkan sailor at
Riu Janeiro continues. Fag 9
King Guaiave opens the Swedish l'ar
ilament. Fag S
Grinn government is pushing German
Ixatlon of Prussian Poland. Fag 1
Spain and France are In accord over
their policy in Morocco. Fag 1
Senator Sibley of Lincoln county will
make complaint before the Railroad com
mission thst grain rate are too high In
Nebraska. , Fag 3
People of Broken Bow protest af-aJnst
closing of land offlc-. Fag 1
LOCAXb
Omaha business men will hold Biw
meeting nxt Tuesday with a view to
bringing to this city the next show of
the National Com association. , Fag
Buyers from all over the territory cov
ered by the Omaha northwest tra-Je ex
cursion last summer are comlug to
Omaha to do their spring shipping.
Fag S
Grain men say Omaha in Tn no danger
of being Injured by th action taken to
compel the Milwaukee railroad to put in
effect the Missouri river grain rate to
Sioux City. Fag 9
Omaha A Council Bluffs Street Hail
way company buy half block at Tenth
and Pierce streets and will erect car barn
.covering the entlr property. Far t
Board of County Commissioners makes
report showing that 1140.004 was spent
on the roads in Douglas county during
the last year. Far
POST.
Wrestling match between War Eagle,
Blarkfoot Ind'an. and Farmer Burn to
take place in the Auditorium this even
ing expected to be the most hard-fought
contest eier seen In Omaha. Fags
COKMXaVCIAX ASS EsTDUtTxtlAi.
Live slock markets. Pag T
Grain market. Pag T
Stocks and bond. Par T
MOTX'KZJrTti OF OCBAJT TXAMSBtlFta.
am Ted.
...Cesinsa ..
all4.
OrH .
Mo,.
Ys4cri&4.
CaitCoalaD.
! SEW TORK
tgW TORK
KIW VORK
St TORK
LGHO rentsla
MANCHESTER
IMM'T HAsriON
BRBUKS K. P Wilhela
Ur.KrorL ... itwriaa
UVEHPOuL . ... ruink
UMwS lDrattriaa ...
. aa.-latlr.
NEW HAMPSHIRE THUG BUSY
Post waster at Haaoter Held l la
OHr aad Relieved af
Bis; Saaa.
j HANOVER. N. H.. Jan :g-Poa.masier
I- F. Canifsjn was held up st the point
of a revolver by an unknown masked man
I m the postoffice last night and robbed of
j liT-v ad a gold watcn. The robber e
j caped.
jSIX BELOW ZERO AT ST. PAUL
First Aetaal I'ald Weather af Year la
Xarlhera Stale weaae.
ail Mht.
ST. PAVU Jan. ki Th f.rst baiow aar
temperature of thl winter prwvaliad dur
ing last night and early today. The toaest
record C degrees below during th
early hours.
Aelrraa OIe I gtsva ta Wed.
MINNEAPOLIS. Jan. it. -Charles S so
le y Albeit. Xt. attorne), ,ium a one lo fin
es g o. whereon Saturday It will becum
huuand of &rah Truss, la aetreaa. M
Truax ima gives up the stage for klr.
A'brrl Her last engagement aas la U.s
"bptorrs' WeU."
EXTRA SESSION IN KANSAS
Legislature Conrenf d to Enact Lawi
that railed Ltut Karch.
PRDSART AJTO TWO-CEST FARE
Gaaraatr Pepsslt Law Asead
saeat ia Hevea Law, wlta Fra
klbltlaa, Alsa kjeets
far Aetlaa.
TOPEKA. Ksn., Jn. 31-The fifth
special session of the Kansas legislature
convened this afternoon. Practically every
member was present The senate was
called to order by Lieutenant Governor
W. J. Fitzgerald, and th house of repre
sents! ivrs by Speaker J. 8. Simmons.
Tha senate and house resumed business
Just about where they left off at the close
of the regular session lsst March. The
bills of interest thst sre expected tc tx
formulsted into laws sre the guaranty dc
poait lsw, ihe primary election bill, the
amendment to the assessment and taxation
taw, the paasag of a S-cent fare law and
amendments to th prohibitory law. It is
expected th session will lsst ten days.
Th governor announce that the legisla
ture Is called to enact a primary election
law, to at renal hen the tax commission
law, to establish a bank depositors' guar
antee fund, lo enact railroad legislation
and strengthen the prohibition laws. Tut
governor aays:
I recommend the enarl merit of a primary
election law. state wide In ita character,
to include every stsl. d'strh-t and county
officer to be voted for In tills stste this
esr, and to include also an expression of
popular choice for I'nited States senators
and to be j-eralive in the selection of this
year s cam), date by every political party.
Deaoltra' Gssrastee Law.
The governor says that the demand for
the depositors guarantee law Is over
whelming. The governor recommends that
all doubt of the legality of the slat rail
road commissioner In establishing ?-cent
passenger fare be removed by the enset
merit of a straight Z-cent passenger
far law and incidentally the re
peal of the mileage book law. A bill to
strengthen the prohibition law ha been
prepared nd will be submitted by th
attorney general.
The governor favor amendment of the
pure food law; amendment of the national
guard law. to bring it into harmony with
th Dick bill, and an act conferring upon
women of Kansas th right to vote for
president this year, but the governor doe
not wish these latter reform to occupy
th attention of the legislature to th dis
placement of th specific measures, to pjiss
which the legislature was called together.
BREWER PAPAL CHEVALIER
Death af Jska F. Bels, W bee Beae
faetlvaa Have Oftea Aided
Hair e.
PHILADELPHIA. Jan. H. -John F. Beta,
one of tlie beat known brewer In the
country, and on of Philadelphia's wealth
iest cltler.s died at hi horn here today
after a long Illness. Mr. Beta, although
Lutheran, was a chevalier of St. Gregory
by grsnt of the late Pope Leo XII L H
was b-wr z TJeVwjnr in IRIl and ma
brought to Ihla country when an Infant.
II waa largely tatereated In everal finan
cial institutions of Philadelphia. John F.
Bets, Jr., a son by his first wife, will suc
ceed the fattier In his extensive Interests.
The honor conferred upon Mr. Lets by Pope
Leo was an unusual one His first
wife was a member of a well known
Catholic family of Stuttg&rt. Ger
many, and It is understood that
liia Interest In Catholicism and In the
Roman see. originated In the Influence
which Mrs. Bets exercised over him. He
pave hw-ge sums of money for the uses of.
the church, snd hi first audience with
lieo XIII waa held In intimate conversa
tion by him, seated upon a rustic bench In
the gardens of the Vstlean. Pope Leo ex
pressing great surprise at Mr. Bets's deep
interest In th welfare of th Holy See In
view of the fact that he was a Lutheran.
At th end of the Interview and beore
Mr. Bet left the Vatican, one of the papal
i-ffk-lals handed him a brevet of th title
of chevalier of St. Gregory, which Leo
had cauaed to be prepared, unknown to
him, while the conversation was In
progress.
HISTORIC CHURCH DAMAGED
Fir af lareaalarr Orlsrta la Second
Cana,raatlaal Caareh
at Baataa.
BOfrrOX. Jan. 14. That th fir early
today which nearly destroyed the Second
Congregational church in Dorchester, with
a losa of S&O.uuu. was the work of an in
cendiary, was th opnoln of the authori
ties at th conclusion of their invert Ra
tions after th fire had been extinguished.
A small hole was discovered In th side
of th building where the fire broke out.
and near it was considerable material
which appeared to hve been used in the
work.
The principal loss was the new ogan
which had recently been Installed at an
expens of K2-(i0 Many of the historic
treasures of th church, which recently
celebrated Its one-hundredth anniversary,
war saved.
Th Rev. Dr. Arthur Lit tie is pastor of
th church.
i
CALL ON HEINZE FOR MONEY
Caart at Ball Direct Hla ta Pay
Qaarter Mllllaa He Owe
Savlaaa Bask,
BUTTE. Mont . Jan. K Judge ttuuryujn
In th d. strict court today cont.nued ins
hearing incident to tha application for a
receiver for the suspended Stat Savings
bank until February" K. . On December 17,
'Judge Bourquin directed M. 8. Largry,
president of the back, to put up f7.ujt, and
F. Augustus Heinz, a ho owned a con
trolling interest in th bank, to pay S-StcJ0
to secure their Indebtedness to the bank
by January 1- The credit was to be put
up in money or marketable aarurilie.
Laxgey has put up the cash. At the re
quest of counsel for the back, the court
did not announce today wheuier or not
Heina had put up th fSe.UMi Tha Mat
examiner will make th fact public.
SULLY IN COTTON CAMPAIGN
Price AfTsse and Hld llrssg aa
Hsasr a Tala Blscl la
Saw T ark
s' EW TURK. Jan. It A report that
lnlel Sully had embarked on a campaign
to mov up cotton prices appeared to hav
had a strung fleet on that mark! to
day and local quotations advanced SXS0 per
bale ainc Ih low level of yeterday mom-
j tog Spot cattoa bouse were heavy buy
J r eera
DISCOUNT RATE COMES DOWN
Risk af Faataaa Red aces It frasa
l (a Flv Petr teat ;ld
Fleatlfal.
LONDON. Jan. 1. The rate of discount
f Ih Bank of Eng'and was reduced from
to t per cent todsy.
The reduction ws anticipated as the
fresh gold rrlya), most of which were
absorbed by the bank, and the teturn of
cash to the country o m'eril!y strength
ened th reserves In the metal in spite of
the considerable amount taken by outh
America that ther w n excuse for a
further prolongation of the higher rat,
which mo discommoded trade for some
month past. Even If th bank desired to
retain a higher rate. It l doubtful If it
could be made effective, as the supply of
money tn Lombard street was so abundant
as to be almost for Ihe moment In excess
of th requirements.
The discount rat in the open market
fell to 4H per cent. The recent, continental
purchase of sterling bills Indicated th
probability that the gold borrowed from
France during the American stringency
would be allowed to "Mnan here for a time
and the bills renewed. This proved a
further inducement for the bank to lower
It rate.
The stock exchange already had fully dis
counted the & per ent rate and the actual
announcement caused only a slight hard
ening of quotations.
GUSTAYE 0PENS PARLIAMENT
Klag af wedea Take I won Himself
Raraeaa Laid Dawa by
Ills Father.
STOCK HOI JM. Jan. It -The formal open
ing of the first Parliament under the reign
of King Gustave lok place In this city
today with simple ceremonies. King Gus
tave. who waa pre'It. In the speech from
the throne referrii-g to The heavy re
sponsibility that devolved upon him with
the death of King Oscar, promised in
whole-hearted seal for the prosperity and
progress of the fatherland, always to try
and fulfill his duty-. "It is my hope." the
king said. "In both good and tvll days to
be supported by th Swedish people In the
common work for !! true weal of the
fatherland."
Continuing, hia majesty announced that
the suffrage bill sdopted st the lsst ses
sion of the Rtgsdag would be re-submitted
to the present liouse for Tnal approval,
but he said there was no intention o? giv
ing the franchiae to women for the present
Special commissions are considering the
Joint scheme of naval and military national
defense, as well as the question of the
relations between employers and work
men. POLES TO BE DISPOSSESSED
t'kaaeellav vaa Baelnw Frapme Plaa
fer bermaat'satlaa af Tala
Terrltary.
BERLIN. Jan. Is. Chancellor Von Bue
low spoke in the Prtist-lan Diet today In
support of the bill autliorixing the gov
ernment to enforce the sale to the ao
called settlement coiiiniinsion of larxls in
Prussian Poland Ii-jM by li)e In order
that German ile'-V' setllsl upon them
with the aid ot VeaJst.' Tia cbancellor
said that If the Oermanlxstltui of Poland
was to continue this measure must be
adopted. The chancellor was interruptej
frequently by the Polish members of the
Diet with murmurs and ironical remarks.
It appear certain that the bill will rss
the Diet by a large majority.
SPAIN AND FRANCE AGREED
!a Art ar basse la M oroera Caw
AsTect Ike lltltad af
Power.
PARIS. Jan." It Foreign Minister Pl
chon. who has Just returned here from
Madrid. I authority for the statement
that there Is perfect acejrd between France
and Spain regarding Morocco. "The Alge
clras act will remsin In force," M. Plchon
said today. " France undertook certain ob
ligations which no change in Morocco can
modify, and Morocco undertook certain
obligation to Europe which no transforma
tion at the Sheriflan court can alter."
REVOLUTIONISTS IN HAYTI
Expedltlaa af Exllea Laaal ear Gaa
wives aad Take Paaaeaalaa
af Cltr.
PORT AL PRINCE. HayU. Jan. 1. The
first actual operation of a revolutionary
movement agaJnst the present government
of Haytl took place yesterday and has, so
far, been successful. An expedition com
posed of Haytians who have been In exile,
under the command of Jean Jueneau,
effected landing not far from Gonalves.
sixty-five miles northwest of here and oc
cupied that town. The government is tak
ing meaaures to resist the movement. Port
Au Prince Is calm.
SMALL PAKIC IN THEATER
Fire la Oatarlo tity Reaall af Expla
laa af Muvlsg Plrtare
Machine.
8T. CATHARINES, v.-.tario. Jan. !.
Fire following the explosion of a moving
picture machine occ urred last even.ng tn
the Hippodrome, a small thester her. Trie
audience numbered abojt fifty, principally
women and children, several of whom were
lainfuliy hurt by being trampled upon in
a mad rush for the street. Lorn McDer
rnott. aged IS. was fataily bjrned. The fir
damage ia fi.'Oi
Hole la 1 raiser' Bettoia.
KIEL, Jan. 14. The new German armored
cruiser Scharnhorst ran aground near
Buelk last night while engaged in evolu
tions. It Is reported that a hole 1 fee;
long was torn in her double bofom. Three
of the cruistrs stokeholds immediately
filled with water, and It was mcesrary tu
close the colli. on bulkhead in order tu
prevent ler from slnk'ng. Later, under
her oan steam, the cruiser entered the im
perial ducks here, where she will unJergo
repairs. There were nJ c ja'-.ie-;.
AMALGAMATEDDIVIDEND CUT
DIslrlbatloa ! One-Half af (ia Per
teal Instead af Oar
Per teal.
NEW YORK. Jan. !. A quarterly divi
dend of H of 1 per cent was declared by
th AmalgaButted Copper company tday.
The previous quarterly dividend was 1 per
cent.
NEW TORK. Jan. 1. Tlie directors of
the.Bostou and Montana Consolidated Cop
per and Silver Mining company, one of th
ronaiituerit companies of the Amalgamate
Copper eenipajiy. today declared a quar
terly dividend of tl pel share and SI extra.
TTis compares with C per si.sre regular
and St per ahar extra tbre month aro.
DEFENDANTS DENY INTENT
Banker Rcierre Director Atsert Ko
Chans it Contemplated.
TOWLE ALLEGES HIS DAMAGE
aya Real laleatlaa la ta Pat
Presrst Coaapanr Oat af Exist
ence la Favar af
Oa.
The prinejpal feature of the bearing be
fore Judge Kennedy yesterday afternoon
of th Injunction case brought by John W.
Towle to prevent the voting of proxies in
favor of changing the Bankers Reserve
Life company from a mutual' to a stock
company was the denial on the part cf
attorneys for the defendants that It was
their Intention to alter the present com
pany. Giller & Weaver for Towle pre
sented their arguments in support of the
application for an Injunction and the de
f end ant a will answer this morning. Judge
Kennedy promised as speedy a decision as
possible.
In the answer filed yesterday the board
of directors deny their purpose is to change
the nature cf the present corporation.
Their object is. thty say, to re-insure the
pclicy holders of the present corporation
in the new corporation, which has already
U -en organized. They say th law forbids
j their changing the present corporation and
that it is not their Intention to do so.
1 While they assert the restraining order
does not forbid their reinsuring their policy
holder In the new company they object
to Its being msde permanent beta use it
Is broad In Its terms and they might In
advertently violate some provision of it by
misinterpretation.
Letter Seat t Palter Holder.
Mr. Gillfr presented a copy of the letter
sent out to the policy holders, which he
contended stated it was the intention to
vote all proxie In favor of a change in
the corporation and some time was spent
In a discussion of the meaning of some
parts of the letter. He also contended If
it wss not the Intention to change the
present company directly Into a stork
company It was the purpose to accomplish
thst end Indirectly by rcinsjring present
policy holders snd tranaferrlng the assets
of the present corporation to the new com
pany In trust.
He pointed out that th new slock com
pany has the same name as the old mu
tual company, with the exception the word
"the"' Is Included In the title of the new
company. Ha declared this was proof it
waa the Intention to put the present com
pany out of existence In favor of th new
one.
It is the contention of the plaintiff h
has a right to participate in the earnings
of the present company and that this
would be denied him In tho new company.
PECULIAR GIFT TO EVELYN
Harry Thaw Krst F.laht r-Fr
I'enads f Beef Hkn -e
was III.
NEW TORK. Jan. 1 -More -vlscrjoe as
to alleged Irrational conduct on the part
of U'.iy aefejitiant.wss .lre4 at th? trUI
of Harry K. Thaw today, the most impres
sive witness being Abraham R. Beck, an
uncle of former Assistant Attorney General
James M. Beck. The elder Mr. Beck
taught a select school of fifteen boys In
Pennsylvania In mi and 1SS2. and young
Thaw was one of his pupils. Mr. Beck
described Thaw as a boy of ungovernable
temper and produced a letter from Mrs.
William Thaw, mother cf the defendant,
who said that she feared Harry's mind
waa unbalanced be was so different from
other children.
One of Mr. Thaw's eccentricities which,
it was said, will soon be testified to. was
the bending of eighty-four pounds of beef
to Evelyn Nesblt one rnorninr when she
waa ill. The attorneys have the receipts
for the meat.
Mrs. William Thaw, mother of the de
fendant. Is now In New Tork. It is said
that aha will be called as a w-itness this
afternoon or tomorrow.
RUSSIAN IN GRAVE DANGER
Leader af Coast Italloaal Deaancrala
Xatlaed to Retara Home Ready
la Defend Hlsaself.
NEW TORK, Jan. 16. Prof. Paul Milyou
koff. leader of the constitutional demo
crats in the Russian Duma, sailed for
horn today after a flv days' visit. Prof.
Milyoukoff, who attended a dinner In Waah
Ington last night, reached New York thl
morning. After the teamahip had left Its
dock, a cablegram addressed to Prof. Mil
youkoff a as received from s friend In Russia-
It read: '-Imperative you brlnr full
report of your utterances In America." The
message was regarded by Milyoukoff s
friends here aa a warning that he must b
prepared to defend himself.
A typewritten statement, bearing upon
Ihe fact that Prof. Milyoukoff was not re
ceived by President Roosevelt when h vis
ited Washington, was given to th- news
papers after the steamer sailed. It state
that President Roosevelt did not receiv
Profe Milyoukoff because of objection by
Baron Rosen.
SALE OF 0PIUMJS SHUT OFF
Habit Haa Caaaca Maca Haras la
Phllpplaes, Hear Law la
ta Effect.
WASHINGTON. Jan. 14. Within a Utile
over a month; time the law prohibiting the
Importation of opium into the Philippines
will become effective and in anticipation
of that Important event there Is much
speculation among the Filipino in regard
to the probable effect of th law. A larga
quantity of opium Is consumed In th
Islands, mainly by th large Chines ele
ment, but th baneful habit of opium
smoking has been rapidly extending among
Ihe native Filipinos and even among the
Americans.
Congress has rssed an act Intended to
correct the evil, but l her ts great doubt
of th ability of the confirmed opium user
to abandon the drug and a considerable,
agitation has been taking place tn the
Philippines with the object of securing an
extension of th time permitted for th
stoppage of th traffic.
(SENATE CALLS FOR TROOPS
rvada l.rgtaatara Frtltlaa Prealaeat
la La-ad M Till Stale
Cmm Art.
CAIuhjN CITY. Nev.. Jan. 14.-The Ne
vada stale senate passed a resolution to
day, ptdttlening th president to irglntaln
troops tn Goldfield until th legislature
can by tha passage ef a law provide either
for a nolle fore or om other rnaliod
of maintaining tiie pear. Th resolution
was passed unanimous: .
BROKEN BOW PEOPLE PROTEST!
Object t Ike (law la a af the ailed
Males Laaa time al that
Ple.e.
From a Stai'f Correapombmt.
WASHINGTON. Jan. 1 Sp-ctal Tele,
gram. I Senator Brown today tiled with
Secretary Garfield resolutions of the Com
mercial tlub of Broken Bow. protesting
vigorously against any change In the land
office at that place and a letter from Reg
ister John Reese showing the amount of
business done In his office. Senator Broan
also filed a vigorous protest of his oan
against any change In the land offkes at
Broken Bow. O'Neill and Alliance.
Tlie house committee on labor met this
morning and perfected its organisation,
appointing sub-coiamlttees. etc. Repre
sentative Norris of Nebraska was assigned
to the chairmanship of the sub-committee
on bills relating to the regulation of woman
and child labor.
Representative Boyd today sppeared be
fore the committee en Indian affairs in
reference to bills introduced by him to
gsrdtng the capitalization of the funds of
the Wlr.nebsgo Indians snd permitting the
Omahas to submit their claims against the
government tor final adjudication to the
court of claims.
Congressman Parker f Deadwood, 6. D.,
today Introduced a bill providing that Gen
eral Edward M. McCook. now redding to
Chicago, be advanced on the retired list lo
the rank of brigadier general. General
McCook Is a member of the famous
"Fighting" McCook family and was re
tired sonic years ago with the rank cf
colonel.
Senator Clark of Wyoming today intro
duced a bill providing that a term of
I'nited States circuit and district court be
held annually at lender, Wyo., on the
first Monday in October.
Senator Burketl today Introduced the
following bills: To authorize the secretary
of the interior to issue' a permit In fe
sitnnle for certain lands of the Sante
reservation In Nebraska lo the directors of
hool district No. M In Knox county.
Neb.; to authorize the- cspltallzatlon and
payment of fund due the Wlnnebsgos nd
to ensble tii-m to sell and convey their
allotted Isnds in Nebraska; to aulhoilze
the secretary of the Interior lo issue
patents lo lndlsns of the Santee trile of
Nebraska for lands under th treaty of
April S. I: to pay to lxander and Ed
ward A. Gerrard of North Platte $1 "0 to
reimburse them for horses taken by the
Sioux lndlsns In 18S. This claim has been
before, the court of claims and rejected on
the ground that at the time the Gerrard
horses were taken by the Indians they
were not American citizens.
Postmasters pppotnted: Nebraska Moul
lon. Loup county. Emma M. Miller, vice
L. D. Auctln, resigned. Iowa West field.
Plymouth county. Melville A. King, vice
C. M. Rasmussen. resigned. Wyoming
Fort Mackenzie. Sheridan couniy, Carrie
A. Wallace, vice li. M. Ingram, resigned.
Rural route No. J hss been ordered es
tablished April 1 at Brtdgewalrr. McCook
county, S. D., serving V people and
ninety families.
Bernard A. Naber has been appointed
regular and Frank Kruse substitute rural
carrier for route 3 at New Vienna. Ia.
Th . postorflcca . at Watts, LJwroln
county. Nebraska, and Storm, Marshall
county. South Dakota, have been ordered
discontinued.
CORRUPTION FUND GATHERING
Oh la Ropresealsllve Alleges Corpora
tions Are Ralslas: Large gaa
la This Ead.
COLUMBL'S. O.. Jan. 1. Representative
Elijah W. Hill of Columbia county charged
before the annual convention of miners of
District No. . assembled her today, that
State Mine Inspector Harrison Is dealing
doubly with the miners of the state of
Ohio. The charge created a sensation.
Representative Reynolds of Cleveland,
charged that certain manufacturing Inter
ests of the state were gathering together a
great pool of money for use in corrupting
the present session of the state general
ahSembly.
"I was going horn on the train last even
ing," said Mr. Reynolds, "when a manu
facturing friend approaching me, handed
m a letter, addreased sub rosa. copies of
which were sent ta manufacturing inter
ests calling upon them to contribute tJ
each toward the gigantic corruption fund.
That letter la now la my possession and I
Intend to make use of It."'
DIAMONDS STILL SAME PRICE
I as porters Dee la re nsadirate la Laa
aaa I Brat I sss Holding
I p Coal.
NEW TORK, Jan. 1 There is lo be no
reduction in the price of diamonds, accord
ing to an announcement made by one f
the big diamond importing house. It Is
stated that all Importers have received
word from tlie diamond syndicate In Ion
don. which controls k, per rent of the dia
mond output of the norld. that the policy
of maintaining prices will be strictly ad
hered to In spile of the great falling off in
sales within the last few months.
QUINBY IN DIV0RCE COURT
Marriage af Kansas City Maa
Ma 7 aar Resalasnaa Prases
Flat Patlar.
KANSAS CITY. Jan. 1.-Herbert M
QuJnby brought suit her late yesterday
for divorce from Mamla Qjlnby, who Is
known to the theatrical profession as
Mayme Remington. Qjlnby alleges vari
ous indignities. Quinby la a son of Wl
liam E. Qutnoy of Detroit, formerly United
States minister t the Netherlands. He
married Mits Mamie Remington in iso
while she was plajlng in Buffalo, N. Y.
Qulnby now live, in Kansas City.
CHOLERA OVER MINDANAO
War Department Dlstarbea Over Nesi
Dlavrasa Ha Attacked Baas
af soldier.
WASHINGTON. Jan. It-Some uneasi
ness waa created at the War department
today by the receipts of a report by cable
from arrr. headquarters at Manila that
Asiatic cholera had made its appearance
on the Island of Mindanao. According to
tne report erne soldier has died from this
disease.
PROHIBITION NEXT IN TEXAS
Leader af Parly Decide la Aak Legls
latar la Pass law la
hat stale.
DALLAS. Tex.. Jan. le. At a conference
of proii.eltlonl', here tola v. 1: aas de
cided to aak the next hg.tlatdie for a
bill prohibiting the saie til :n'.c.c-Ui,g
lUjuors In th stai,
MORE EXTRA FUNDS
Emergrncy Currency Authorised by
Aldrich Bill to Be $500,000,000.
COMMITTEE HOLDS TWO SESSI0N3
Belief that Tax Will Prevent Larger
Issue Than Needed.
0THEK CHARGES . SUGGESTED
Mr. DolliYer Objects to Bailroad
Bonds as Security.
ANOTHER HXETING MONDAY
tarlaaa Aaaeadaacata Already Evelied
Will Then Be Isrsrssralra
la Ihe Prapasea
Meaaare.
WASHINGTON. Jan. 1 -After tao se.
sions of the senate committee on finance
today the members of the committee were
in possession of a fair Idea of a hat shsp
the Alrtrlrh financial bill will be In when
It Is reported next week. There will be no
more meetings of the committee until
Monday, when the various amendments
which have been gradually evolved through
th.- general discussion of the bill durirg
this week will b incotpoiated In Ihe
mras jrc.
It Is stated to be practically certain that
the limit of extta currency which the bill
provide for will be raised from Vu.Ons.nnO
to t,W.rtlMM. Most of the numbers of th
committee believe that this figure la not
too high for a time of emergency when a
heavy issue of currency notes Is demanded
on security of the prescribed sort and
under the proscribed tax. Th tax on tlie
e-mergency issue will not. It Is believed,
lie placed higher than per erent, ahtcu
th bill now provides.
An amendment offered by Senator Bailey
redtu-lng the require! population of a
county or munlciiality whose bonds re to
figure in a currency issue frop .not ,,
la.KO is expected to receive the support of
a majority of the committee, snd accord
ing to reliable report will be adopted. This
alii permit smaller towns of Ittrt as great
an age and of commensurate prosperity
with th larger tna-ns to participate In tho
beneflta of th measure.
Senator Dolllver probably will offer an
smendment In opposition to the railroad
bond feature of the bill, and It may possi
bly call for th entire elimination of such
securities.
Senator Bailey will no douht support him
in such a project, as be does not hesitate
to let It be known that he Is not In favor
of railroads being allowed lo file their
bonds with the government aa security
for currency issues, oaing to their tend
ency to fluctuate. There Is thought to b
enougli oppoellion In the committee, how
ever, to defeat such an mrndmeut. for
tho belief expressed by Its opponents Is
thst the backing' by the government, once
railroad rwndn sre ai'cepted a" saciiri'y
ftr' a. cert in'tsau. - will l-aw (; Vtfe
I of Insuring lii stability cf tlie currency
notes Insucs on them. ,
A democratic member of Ihe commit tec
asserted today that the minority as a'whole
la not in favor of a bill providing cur
rency basis on any security cept gverr.
ment bonds, but being unable to prevrnt a
favorable reort on such a measure thev
are making it their duty so far as He In
their power, to make it aa effnotlo a
measure of that nature aa possible- and
they are therefore Joining wtih republicans
in advocacy of most of the feature of the
Aldrich bill.
PROtKEDIM.5 OK TI'B E'TK
Calendar I Ilea red af All Bills aad
Cade Revision I Takes I p.
cVASHlNGTON, Jan. K The s nat
calendar aas cleared of naarly every b 11
on it today and the bill lo revise the
criminal laws of the l'nttd States wa
taken up and discussed until adjournment,
which was tsken at 4:30 o'clock until Mon
day. There was a running fire of crit'eiini tl
the senate today of the b:ll to revise th
criminal laws of the I'nited States, which
Senator Heyburn. chairman of the Jjlnt
committee which framed tlie Wlls. m;t
with many explanations. -Senator Bacon
claimed that the print ot the bill aas not
arranged In a way to make clear eva-y
change of law contained In the bill. Sen
ators Ht-ybum and Sutherland dfend-J
the bill, explaining that they were ready
to give full explanation of each Sectlou
when reached.
Senator Carter of Montana today an
nounced thst he would object to the I II
ssge of all bills looking to th donation
of putlic land for various purposes. It
declared that such donations. If allows I,
would make it necessary for etialors front
all states having publlo land to see that
they receive as latge donations ef land sa
other states.
Senator Carter's ol jeellou aas n.sde tv
a bill granting to the cats of North Dtiko a
30.000 acres of lsnd to aid in th? main
tenance of a school of forestry.
' j PROCEEDING OF THE HOrft
Faal Cade Volvd Dow a.
WASHINGTON. Jan. W.-A oomplet
change of front was exhibited by th ma
jority in the house of representatives to
day in the consideration of t La bill to
codify and revise the penal laws ot the
I'nited States. The pa?iftc spirit displayed
by the committee; on rewsion of th law
toward the close of yesterday' elcn.
when it appeared aa though th severs!
amendments strengthening certain ptavl-
j sions of the bill regarding corruption In
the appointment of p-.rson to public office
would ba ad -peed, had vanished today ant
Instead every In. !i of ground was fought
over to keep amendment out of the bill.
When adjournment was taken only s,x
additional pages had been disposed of and
but on or two erba! amendments ly th
committee had be:n inserted.
WARRING FACTIONS AT PEACE
Taft lartlaa la tajabnaa Cwaaly,
Ohio. Reaarda Division Ibelr
t irlari .
T01.EE0. O.. Jan. la.-Walter Brawn,
chairman of ihe reeub11'"jn state com
mittee, haa broi.gtit ntjt a ctxa'ion of
hostilities heiacen t'-e war-lni factions
of f jyaiicga couniy. Tne muni will he
divided l-.t.j Cue- di;tnt. The Tart
organization regards ;;.is a their vietory.
The Hallol al Frankfort.
FKASKKM1T. 1". Jmi !C-Hjiloi f..r
l'nitd ri'ai.-v a r j . o r n omt iton re
sulted aa 'iJlo,: Keek) aui, v( isradic.
M, a alter ii'U. I, ubecni. A