The Omaha Daily
Bee
VOL. XXXVII-XO. 201.
OMAIIA, FRIDAY MORNING, FEBRUARY 7, 1908 TEX PAGES.
SINGLE COPY TWO CENTS.
MORSE IS FaNG
"R r V r Tuai.t.. -i t o
vwvir tnu i.ru
g-aniaer Among- the Absent., jfr,
. ,
JUDGMENT AGAWST KIM ON NO
Hit Immense Fortune Seems to Have V
Crumbled.
CONDUCT UNDER INVESTIGATION
He Spent Several Days Last Week
Before County Grand Jury.
SWIFT CAS EES IN HIGH FINANCE
Mr. Monr Organised Ire Combine,
American tmikl Company aad
Wa Interested In Several
Bank Now Closed.
NEW TORK. Feb. a Search via con
tinued today for Carle W. Mom. the
banker, promoter and organiser of the
American Ice company, and th n20.000.0il0
Consolidated Steamship company. Mr.
Morse la hot known to have been In the
rtly tinea Monday, 'and mayhave left town
earlier.
With Judgment for $165,763 against him
ault for SZC2S1 brought agalnat him by
tha receiver of the National bank of North
Amerloa, hta home mortgaged and in ad
dition attached to cover the amount aued
for; hi aooounts In several New York
banka attached; hie consolidated steamship
company In tha hand of a receiver;. his
holding ef bank ttock greatly depreciated
and two grand Juries Investigating hie re
let Ion with the banka, he faced a condition
which might have appalled any man.
National Bank Examiner Charles A.
Henna, who U in charge of the National
bank , of America, announced that he waa
Informed Mr. Mora had probably gone to
Kurope or had departed elsewhere for an
indefinite period. Mrs. Mora waa at her
homo In this city, but no information could
ba obtained from tier.
Left Three Weeks Age.
Albert B. Boardman, attorney for Mr.
Moras. was quoted today as saying that
Morse sailed for Europe Saturday for a
three weeks, rest, not anticipating such a
crisis in his affairs. The action brought
by Bank Examiner Hanna for 1243,321 was
to recover the amount of loans alleged to
have been male by the National bank of
North America last fall aa security for
which Mr. Morse gavo his note. The bank
went into the hands of a receiver two weeks
ago.
1L A. C. Hmlth cstcrday secured a
turner! today for Carles V. Marse, the
I lit: value of w shares of bank stock
thhli Morse had suld to Mr. Smith with
thv Agreement . thst he would pay $160,000
fur it whenever Mr. Smith wanted to re
tun It,
Since Mr. Morse's elimination from the
Now York banking situation he has trans
acted the most of his business at his Fifth
avenue residence. Within the last ten days
be .feat bean before the county grand Jury
several times to testify concerning certain
assets of the Provident Savings Life As
surance society, which were deposited with
banks with whl.'l) Ik? was connected. '
. Grand Jnry at Work. ,
Tlie federal grand Jury a!o has been ln
veHilgating the conduct of those banks.
That Morn was greatly disturbed by the
various mnvn ugainst hlin is Indicated by
the statement of Thomaa B. Wing, attor
ney for tha receiver of the National Bank
of North America, who made affidavit that
Mr. Mnrcaid to him with great agitation
that he had watched his aecurltfcs drop
lar bclnw par nd had kept almost all of
his accounts margined and good, but that
be could not stsnd it forever and did not
know what he would do.
Prior to the collapse of the various enter
prises In which he was engaged Mr. Morse's
fortune was estimated as high as $,000,000.
Planned a Leave City.
At the office of the Consolidated Steam
ship company It was stated that Mr. Morse
wss at that office last Friday, lie has
not been seen since and It was under
stood last night that It was his Intention
to leave the city.
Albert B. Boardman, counsel for Mr.
Morse, waa at the district attorney's
office In connection with certain granu
Jury proceedings. It was not known
whether his presence waa in relation to
the grand Jury Investigation of banking
methods as disclosed by the October panic.
Before going before the grand Jury Mr.
Boardman ssld he supposed he was called
to tell the grand Jury what he knew
about the sale by Mr. Morae of a large
block ff stock of the National Bank of
North America. Former Judge Morgan
J. O'Brien. law partner of Mr. Board
man, also' mas summoned before the grand
Jury.
PLAN TO PROTECT DROUTHS
1 em pr ranee Mea and Women Appear
Before Jadletary Committee
la Tkla Behalf.
WASHINGTON, Feb. ".-Representatives
of the prohibition party, the Anti-Saloon
league of America, the Woman'a Christian
Temperance union and various Christian
organisations appeared today before the
committee on the Judiciary to arrange a
favorable resolution on one or more of the
bills lo protect local "dry option" towns
from receipt of Interstate as well aa Intra
state shipments of liquor.
Rev. B. F. Nicholson, -legislative superin
tendent of the Anti-Saloon league, spoke
for this organisation; Prof. Charles S. Can
ton of Pittsburg for the Presbyterian
church; Flnley Ilenrickson of Cumberland,
Md.; for the prohibition party, and Mr.
Ray of Pennsylvania for the United Pres
byterian church. Preaent for the Woman's
Christian Temperance union were the na
tional president. Mra. I M. N. Stevens;
the natlonnl secretary, Mlsa Jordan, and
the national executive superintendent, Miss
Ellis. Representative Bartholdt of Missouri
made an argument agsinst the proposed
measures It behalf of the national German
American alliance.
COMMISSION ACT ASSAILED
fespreaa Cora mi ales Challeaa-e Jorl
e let Ion of Coaaty fesrt la
Hreeat Aetloa.
LINCOLN. Neb.." Feb. 1 Attorneys for
the, Adams. United States and American
Kx press companies today withdrew thetr
de-.tirrr r.r.A challenged the Jurisdiction
of the county couri The txpresa com
panies still assail the right ff the railroad
rnmtniaslon rf the ntnto to compel the
film of reports The rare was set for
trial February t. The commission attempted
, t ascertain; lb salaries) ef the expret
SUMMARY OF THE BEE
Friday, Fchronry T. 1M.
JTBZlAXV
,vo.V 7TH nCa IHlr HtJ SI
' s- --ST "'
S3' 4 5 6 Z 8
O 10 11 12 13 14 15
16 1Z 18 19 20 21 22
23 24 25 26 2Z 28 29
THI WI1TKIB.
FOR OMAHA. COUNCIL BLUFFS AND
VICINITY Fair and warmer Frldav.
FOR NEBRASKA- Probahlv Increasing
clondiness Friday; rising- temperature.
r OR IOWA Fair Frldav: not much
change In temperature. '
i enirxM-atiiro at Omaha yesterday:
Hour.
rvg.
... is
... 13
... 13
... n
... 13
... 14
... IK
... m
... 20
... 13
6 a.
m..
m..
a.
9 a.
10 a, m.
11 a. m.
12 m....
1 p. m.
1p.m.
J p. m.
Ip.m.
6 p. m.
(p. in.
7 p. m.
x p. m.
9 p. m.
, 0
DOMXBTXO.
Robber who killed Kngineer Clow of tho
Northern Pacific train given life sentence.
Fag's 1
Mr. Culberson, in a speech in the sen
ate, charges that New York City banks
were unduly favored by tho Treasury de
partment. . Paf 1
Residents, of Hayerstraw, N. Y., are in
fear of a slide of a portion of the town
Into the Hudson river. Pag-e 1
Orand Jury is investigating alleged acts
of Irregularity In connection with the
state government of Michigan. Page 1
President Roosevelt indorses the move
ment for a confederate monumept. Page 8
The United States senate passes a blil
for the participation of the government In
the Alaska-Yukon exposition. Page 1
A mandamus has been denied in the cae
of the minority stockholders who are
seeking to Investigate tho affairs of the
Schwarschlld & Sulxberger company.
Psg-e 1
Charles W. Morse, whose fortune of
$20,000,000 has been eaten up In big en
terprises, is not to be found in New York.
Pag 1
President Mitchell says that organised
labor has not yet said whom It will favor
for president, but naturally it will bo for
Its friends. P
Four fires, with a loss of $200,000, oc
curred at one time at Philadelphia.
Pag-e 1
Strong efforts are being made at Wash
ington to prevent the enactment of the
Barton bill again controlling tho waters
of Niagara river. Pace a
Firemen at Racine, Wis., have close call
from death. Page 1
Temperance workers appear before- con
gressional committee to prevent shipment
of liquors Into dry communities. Faff 1
Judge James liar gin, the noted Ken
tucky feudist, was . shot end instantly
killed by hie sop. "T1. ... I
roasxow.
Financial secretary of the German em
pire ateps down. Page 1
Moors again attack the French troops.
Pag-e 1
Many entertainments given at lunta
Arenas for the officers and men of the
American fleet. Pag-e a
Ambassador Takahira, who Is on his way
to New York, says ho has nothing but
optimistic hopes for the future of rela
tions between Japan and tho United
States. Pag 1
POUTXCAI.
- Calls for republican county conventions
provide for preference vote for presi
dential candidate. Peg's 3
First precinct in Lancaster county to
hold primary declares for Field for dele
gate to republican national convention.
Page 3
Joe Burna brings word that out -in Col
orado Nebraska's governor Is being talked
of for vice president. Pag 3
2TXBKASKA.
Commission at Lincoln is hearing evi
dence In the disbarment proceedings
against Captain Fisher. Page 3
OOXKEKCXAXi AJID UTDUSTmlAL.
Live stock markets. Pag 7
Grain markets. Page T
Stocks and bonds. Pag T
afOVXHZlTTS OP OOZAIT BTXAlCgHXFS.
Port. Arrives. galled.
NEW YORK Oceanic
I'HERBOl'KO
K. P. rei-elte.
Haverford.
UVKKPOOU ...
LiONDON
QIKBN8T0WN
L1RAU
OKNOA
UK.NOA
Geonpaa
.lvernla
.Katonta ...
.North Amcrlks..
.KvgiM O' Italia.
STEAMER CAUGHT ON REEF
tailed Fralt Conapaay'a Aaeolaa
Wrecked Off t'oaut of Spaa
Isk lloadaras.
NEW ORLEANS, Feb. 6.-A cablegram
from Port Barries to ths United Fruit
company's 'office here reports that the
steamer Ansohn is wrecked on a reef off
the roast of Spanish Honduras. The exact
position of the wrecked steamer is not
mentioned in the cablegram.
WASHINGTON, Feb. 6. The commander
of the gunboat Dubuque at Porto Cortes,
Honduras, reports to the Navy department
having received news of the wreck of the
steamer Ansolm near Belise, British Hon
duras. The gunboat Marietta has sailed
to render what assistance It can.
MICHIGAN UNDER LIMELIGHT
Greed Jery Ch arced to lareetlarate
Alleged Irrecalaritlea la tea.
aeetloa with Goveranaeat.
MASON. Mich.. Feb. (.-Judge Wiest this
afternoon charged the county grand Jury
to Investigate the acts of Frank P. Gla
sirr, late state treasurer, who resigned
under charges of malfeasance la office;
the reports that certain state senator so
licited bribes to defeat the bill establish
ing a binder twine plant at the state prison,
and the charge made by Governor Warner,
while the election of a United States sen
ator waa before the legislature a year aero,
that Arthur Hill of Bagtnaw, one of the
leading candidates, had need Improper
means to further his election.
RUEF SENTENCE POSTPONED
Oee Week Mure fee Kx-Beu oa Ei.
tortloa ladletaaeat He Ad.
ssltt4.
SAN FRANClSi'O, Feh. S.-T.I.' passage
of sentence upon Abraham Ruef on the ex
tortion titdtctroent to which he pleaded
guiktx was aaui euaUisued an week tav.
dajr.
MR. CULBERSON ON FINANCE
Contention that New Tork Banks
Were Unduly Favored.
ALASKA-YUKON BILL PASSED
Mrnnnre Provides for Government
Exhibit at Proposed Fxposl
tloa Mr. Barkett Speaks
Against It.
WASHINGTON, Feb. 6.-A financial
speech by Senator Culberson of Texas and
the -passage of a bill providing for a
government exhibit at the Alaska-Yukon-Pacific
exposition were the chief features
of Interest In the proceedings of the senate
today.
Mr. Culberson gave the results of his
analysis of Uie recent report of the secre
tsry of the treasury on the Panama canal
bond issue. In order to substsntinte his
contention that national banks of New
York City were unduly favored bv the
disposition of public funds and had vio
lated the law by Issuing those bonds.
The last hour of the day was devoted to
a further consideration of the bill to revise
tho criminal laws of the United States,
snd at 4:28 p. m. the senate adjourned until
next Monday.
Bnrkett Opposes Exposition.
The senate today passed a bill providing
for the participation of the United States
In the Alaska-Yukon exhibition at Seattle
in 1909.
In the discussion before the bill was
passed Mr. Burkett of Nebraska opposed
the bill, as he said be had opposed every
other bill for such purposes since he had
been In the senate. During the debate Mr.
Burkett said the proposition to hold the
exposition did not originate In Alaska. "It
has been put forward," he said, "by a lot
of boomers of Seattle, who propose to boom
their real estate and their private inter
ests." "The men who promote thee exposi
tions," said Mr. Burkett, "are not the men
who have to bear the responsibility for the
bills Incurred. They start an exposltTnn
and unload their Ideas on the community
and then demand our money and the money
of every nation on earth to pay for It."
'Mr. Burkett read a list of expositions in
the United States showing that $20.9fi0.727
had been expended by congress in aid of
them.
Mr. Tillman supported the Idea of hold
ing expositions, saying the Charleston ex
position had brought a great many people
from the north to tho south to be "civi
lized" there. He believed In expositions In
order to encourage travel among the people
.from one section te another.
The passage of the bill followed.
Speech of Mr. Culberson.
In a speech in the senate today Senator
Culberson declared that the secretary of
tho treasury by his report to the senate
has raised an Issue of fact as to whether
national banks in New ' York used the
$7R,000,000 of public money deposited with
them for speculative purposes or whether
this money waa used to meet the demand
of outside banks for reserve purposes.
Mr. Culberson complained that the com
mittee on finance had failed to take any
action on his resolution directing that it
Inqdire'tnto ttiecauees of the recent finan
cial stringency. He declared that the re
port of the secretary of the treasury had
shown that that official had violated the
law in issuing the Panama bonds, be
cause money for the canal was not needed
and that he had violated the law in
awarding these bonds to national banks
Instead of individuals and In using the pro
ceeds of the ssles for the purposes set
forth In the report and not forN the con
struction of the canal.
In Issuing the 1 per cent certificates
tho secretary also violated the law, Mr.
Culberson said, because they wero not
used for the purpose as provided by the
statute, as there was ample funds for
such purposes. Moreover, he said, the
secretary had violated the law in issuing
the 3 per cents, as the law limits the
basis of such notes to registered bonds
of the United States and to Panama bonds.
He had also failed to. distribute this
money as provided under the act of March
4, 1907. His distribution was Inequitable,
said Mr. Culberson, as the money was used
by the New York banks for speculative
purposes. "The public money deposited
In the national banks of the United
States," said Mr. Culberson, "on March
22, 1907, was $140,000,000. On December
3 the amount reached the enormous sum
of 1223,000.000. In New York City alone
on March 22 the amount was $14,000,000
on deposit; on August 22. $28,000,000. and
on December 3, $76,000,000.
"New York City, with about one-sixth
of the capital and surplus of all the banks.
secured one-third of all the public money
on deposit, the eastern atates. Including
New York, having only about three times
the capital and surplus of the southern
statea, were given four tlmea as much of
the public money
Mr. Culberson charged that the report
of the secretary of the treasury contained
a denial of some of its own statements.
Oae Alleged Contradiction.
"The secretary of the treasury," he said,
"says in effect that W.OOO.OOO of specie
held by the New York banks and $40,000,000
of reserve was used to meet the call of
outside banks whose reserves the banks
of New York hold, whereas the report
of the secretary shows clearly that the
amount which the national city banks
owed other national banks decreased be
tween August 22 and December J, only
$10,820,511. and It la signiflcent that al
though the New York City banks did not
pay to the banks outside of that city more
than this $10,82u.Sll they Increased thiir
loans and discount during the same time
t32.RW.000."
Mr. Culberson declared that while New
York had ao much cash In Its banks south
ern bank were paying a premium for cash,
and added the declaration that the panic
did not arise from natural causes, as the
crops and general business of ths country
were never gi eater than last year.
Reply of Mr. Hopklas.
Senator Hopkins replied briefly to Mr.
Culberson, saying;: "Kvery statement marie
by the senator has been answered by thi
secretary of the treasury, and If any on
will take the trouble tp read that report
he will find tkere a complete answer to
all that baa her been charged. Instead
of the secretary ahowtng favoritism to
New York or other banka he bas been
actuated by other patriotic principle and
be made the depoaft to New York, ChWgo
or other bauak because they were located
where the emergency existed. "
Mr. Uopktna read zlansively from th
report of th aecretary of the treasury,
explaining his reasons for what he had
done, saying he wished these reason to
go out wtih the speech of the Texas sena
tor. I
Mr. Culberawn said the secreLary refused
to gi th Texas banks deposits they
liTnntliruad en rjeuund Pace.)
RATE WAR MAY BE SETTLED
Which Agreement la Talked
OTr.
LONDON, Feb. . The general meeting
of the representatives of the transatlan
tic steamship lines her today decided on
the broad line of a mutual agreement
The purpose of the conference, to put an
end to the present rates, has therefore
been practically accomplished. There will
now be a rumber of committee meetings,
at which the details of th agreement
reached today will be worked out.
The rate war has been going on In one
form or another for the best part of a
year.
When the rate slashing began In earn
est the price of a steerage ticket fell
until the low level of $18.76 was reached.
An understanding between the steamship
companies will result in the re-establlsh-nient
of a rate 'approaching the old stand
ard of $31.
KING TO BE ASKED FOR AID
Unemployed 1st F.ngrlend Seek to Use
Groan Serroanrt In Palaee
at Windsor.
LONDON. Feb. . A little bend of un
employed men, who had marched all the
way from Manchester, started on the last
lap of their Journey thhi afternoon. Their
destination Is Windsor, where they propose
to take possession of a portion of the
Great Royal park, build cottage's and farm
the lands which surround the castle of the
king. The demonatrants hope to obtain
their desires peacefully, and on arriving be
fore the castle they propose to send In a
petition to King Edward asking him to
give an example to the land owners of the
country by grsntlng them the uso of fifty
acres of the park for experimental pur
poses. Unless the police Interfere the trav
elers hope to reach Windsor tomorrow.
FRANCO FLEES TO MADRID
Former Premier of Portugal Arrives
ThereTransfer Fortaae
from Lisbon.
LONDON, Feb. 6 A dispatch from Mad
rid says that Senhor Franco, the former
Portuguese premier, has arrived there from
Lisbon.
LISBON, Feb. 6. A republican newspa
per says that Franco has transferred his
entire fortune to French or Swiss batiks
and that his ultimate destination Is Switz
erland. Thla paper points out that the de
cree Issued by Franco banishing agitators
from Portugal have been avoided and that
Franco, himself, is tho only man realty
forced to flee the country.
MOORS ARE AGAIN REPULSED
French Colanan Has Kna-aarement with
Arab and Drives Them
Baek.
PARIS, Feb. 6. A dispatch received here
from General Armade. the French com
mander In Morocco, says that the column
operating on the coast had an engagement
yesterday with the Arabs at a point south
west of Kasbap' Ber Rcbld. The French
apparently had routed their enemies, when
the . Moors returned with reinforcement
ami attacked the T5r -vamp a. eecor.il
time. Tills fight was--a- hot one, but thlj
Moors were eventually forced to retire in
the direction of Bettat. Five Frenchmen
were wounded.
TAKAHIRA MOST OPTIMISTIC
New Ambassador to Waahinartoa
Sends Cheerful Message in Ad
vance of Coming;.
LONDON. Feb. 6. "I know of no truer
friends of Japan thsn the Americana and
our excellent relations and knowledge of
one another will secure an amicable out
come at an early date of the negotiations
still in progress."
Such is the message that Baron Taka
hira sends to America on the eve of his
departure to assume the ambassadorship of
Japan at Washington. The baron will sail
for New York Saturday on the Etrurla.
FINANCIAL SECRETARY IS OUT
Germany's Money Tronblra Bring;
Abont Chance In Minis
try at Berlin.
BERLIN, Feb. . It was announced that
Frleherre von Stengal, secretary- of the
Imperial treasury, had resigned his office.
His successor has not been named. The
retirement of Von Stengal la undoubtedly
connected with the financial embarrass
ment of the German empire and the diffi
culty In finding a solution satisfactory to
the various states and political parties.
BRITONS DENY FLEET STORY
Official Statement No Intention to la
crease Slie of Fleet on
Par I He.
LONDON, Feb. 6-The Associated Press
is officially authorized to declare that there
is absolutely no truth In the report tele
graphed from Halifax yesterday that the
British squadron in the Pacific Is to be
materially Increased.
RESIDENTS IN FEAR OF SLIDE
Crack In Groand at Havrralraw
i aoae Fear Home May Fall
In Hndson. k
HAVERSTRAW, N. Y-, Feb. -Residents
of Front street, lower Mala street and
AUIs avenue, the best residential section
of the town, are alarmed over the possi
bility of their homes being precipitated
Into the Hudson river. A great crack has
appeared in the earth near the atreeta, and
today many homes were hurriedly va
cated. The district is very close to where
the disastrous slide of January $. 190S. oc
curred. In which several persons lost their
lives. The crack la believed to have been
cauaed by the removal of an Immense quan
tity of clay for brick.
KICK ON MALE SUBSTITUTES
Girl of Smith College Protest
A sal oat Mea la Uecollette
Gowa at Wesleyaa.
MIDpLETOWN. Conn., Feb. . Students
at Smith ooUcse have formed a protest to
students at Wesley an agalnat the produc
tion of an opera entitled "The Girl and the
Graduate," which is In preparation by the
students of th latter institution. Th pro
test is baaed on the tact that on act In
the opera la supposed to occur at Smith,
and the girls there object to the tact that
the part of the Bnuth girls are to be
played by mala atodaua" clad ha awcoUet
gowna."
The tunnel pretest baa hern aextt to th
preaUaot. at tha, awateal ksetjF a Wnahrjaay
BIG GAIN IN POPULATION
Omaha Ceniui Taking Indicates
157,500 People in City.
PREDICTION OF THE COMPANY
a crease Over Last Year of Nearly
Fifteen Thonsand, "ay the Di
rectory Men, Who Are
Hard at Work.
According to census takers of the Omaha
Directory company the new city directory
of Omaha will contain 70,000 names, Vhlch
would mean a well estimated population
of 157,00(1, an Increase of 14,940.
The solicitors and census takers of the
directory company are busy and are mak
ing a thorough search for the address of
every man In the city, every unmarried
woman, student or young person working
who Is not In school. When these names
are collected the directory company bases
its estimate of the population by multiply
ing the names In the directory by 2H to
represent the names of married women
and children, whose names are not Included
In the directory. ,
Being expert name getters the census
takers for the directory company are
usually enabled to secure names and ad
dresses of people overlooked by state or
federal census takers. The solicitors have
been frequently employed by commercial
clubs and town boosters to go over cities.
assisting the official census taker. In one
Missouri river city the directory solicitors
have the record for finding almost 2,fm0
people after the census was taken by the
state solicitors.
In Omaha the total number of names Is
multiplied by only two and one-fourth. In
most cities the number is multiplied by
two and a half, but the number of students
and young people in the city has led the
directory publishers to use a lower figure
to enable them to make a careful estimate
of the population of Omaha.
Several Thousand Inerease.
"We cannot tell exactly how many names
there will be In tho directory this year,"
said a censua taker. "But I have discov
ered a Isrge Increase On the various routes.
Indications are that the Increase In the
number of names will be larger than last
year by sweral thousand."
The population of Omaha last year was
estimated at H2.W0, the total number of
names In thj directory being 63,360. The
South Oma:ia portion of the directory con
tained 13,489 names a year ago, the popula
tion being estimated at 30,330, making a
combined population of 172,890. It is esti
mated that there will be almost M0 new
names In the South Omaha city directory,
which would make a total number of 11,280
names. This would give South Omaha an
estimated population of 32,130, and the com
bined population of the two cities would
be 189,630.
Tho Increase which will probably be
shown this year when the directory Is
published Is not out of proportion with
the story of Omaha's growth, as shown by
the library of Omaha city directories. Ten
years ago the directory contained only
46,025 names; eight years ago 64,393 names
appeared. An Increase of 1,000 a year has
been the record from' 1901 to 1905, In 1906
the directory had names and last
J f-nr 63, 30. an Increase -of" 4 4X names In a
single year. It Is aald that the year of
1907 was even greater than during 1906.
FOUR FIRES AT ONE TIME
Loss of Two Hundred Thonsand at
Philadelphia Firemen on
the Ron.
PHILADELPHIA. Feb. 6 Four fires In
this city esrly today, nil burning at the
same time, caused damage estimated at
$200,000. The first fire started on the freight
steamship Aries of the Merchants and
Miners Transportation company, rylng at
Pine street wharf, Delaware river, and
caused damage of S,0P0. Meanwhilo the
big store of Jacobs Brothers in Chestnut
street was damaged by fire and water to
the extent of about 175,000. The Macey
furniture store, adjoining the drug store,
suffered $10,000 damage.
The third fire occurred at American and
Locust streets, where a large three-story
building occupied by publishing firms, wss
completely burned cut. The Individual
losses of the occupants of this building
were: Garret & Gregor Co., printers and
publishers, $45,000; P. W. Zlegler & Co.,
publishers, $10,000; Franklin Bindery Co..
$30,000; loss on building, $15,000.
While firemen were battling with the
flames at the other three places, a fourth
fire started In a house at Marahall and
Cotner streets. Three other dwellings were
also damaged and twenty persons were
forced to seek shelter from a snow storm
elsewhere. The loss is $5,000 on these dwell
ings. COURT DENIES MANDAMUS
Stockholders Foiled In Kltort to In
spect Book of Swrartschlld
' A Snlsbera-er.
NEW YORK, Feb. 6,-The application
for either a peiemptory or alternative writ
of mandamus to compel the Schwarschlld
& Sulzberger company and Its officers to
permit Moses H. Joseph and other minority
stockholders to examine the books, pa
pers and other records of the corporation
was today denied by Justice Greenbaum in
the supreme court with costs. The applica
tion was based upon allegations of waste
and diversion of the corporate funds by
Ferdinand Sulzberger, the president of the
company.
FLOOD RESULT OF ICE GORGE
Lower Portion of Dlllonrale, O., fa
der Fifteen Feet of Water
Three Drown.
DILI X)N VALE, O., Feb. .-Heavy rain
caused the ice In Short creek to gorge to
day and at the Dillonvale Athletic park a
bank of Ice thirty feet long formed. This
changed the course of the stream and
water and Ice covered the lower portion
of the town to a depth of fifteen feet.
Fifty families escaped from their homes
by horses and boats and It wa but a few
minutes until the first floor were sub
merged". Two Polish boys and one girl
were drowned. ,
CLAIMS DIVERSION OF FUNDS
President of National Hollow Brake
Beam romnavay A I Used to Hare
Misaaed Money,
CHICAGO. Feb. t-Henry G. Brown of
Pittsburg today filed a bill in ths federal
court asking for a receivership, accounting
snd distribution of the assets among tin
stockholder and creditor of the Nation;
Hollow Brake Beam company. Tha bill
allege that Henry D. Laughlin. far many
yaara prealdiiat of th company, has di
Yartnd. Its funds l his own uaa
BETTER HIDEJTHAT CHICKEN
tltr Collector of Deed Animals Ma
Power to Cart It Away, Sa'y
Derision of Jadsje Manger.
Houseliolilers In the city of Omaha, keep
ers of restaurants and hotqls and pro
prletors of meat markets are In momentary
danger of ha ing their meats confiscated
by the city collector of dead animals, and
In addition can be compelled to pay ' the
collector from $1 to $2 for converting to
his own use the meats ho may selxo upon.
Judge W. H. Mungcr of the L'nlted States
circuit court pointed this out today In
handing down a decision In the earns of
James Whelun, city collector of dead ani
mals, against Charles Daniels, who hss
been trespassing upon tho preserves of the
favored one and collecting and carting off
dead animals on his oan hook. The de
cision of the judge was on a demurrer In
troduced by the attorneys for the defend
ant, who argued on the theory that W'hc
lan's contract with the city waa void bo-
cause it undertook to deprive parties of
their property without duo process of law,
in that the contract undertook to give to
the plaintiff all dead animals found within
the limits of the city. Judge Mungervsis
tatned the domurrcr, tltough granting the
plaintiff leave to file an amended petition
within five days, holding that the con
tract is too broad.
"The contract does not cvon axcept anl
mala killed for food purposes," cites the
judgo in his hjh-lslon, "and surely no one
would for a moment undertake to say that
where a party residing in some outer por
tion of the city, very thinly populated,
should butcher a healthy hog for the pur
pose of curing the meat for home consump
tion, that, aa soon as he killed the animal
und It became dead, that tho city could
transfer the ownership and property in
such hog to the plaintiff In this case and
authorize him to take or remove- It and
convert it to his own use; or, supposing
there should bo hanging the carcass of a
dead calf or sheep or pig or steer in ono
of the markets of this city, may the plain
tiff remove it and convert it to his own
use? That is the authority which the con
tract, according lo its liberal terms, gives
the plaintiff."
The contract between the city and the
carter of dead animals emphasizes that
"all" dead animals "wherever fdund" In
the city of Omaha can be seized and dis
posed of by the party holding the con
tract. The manner of disposal is not speci
fied, and it Is therefore argued that tho
collector can enter a householder's kitchen
and take the chicken which he has pur
chased for tomorrow's dinner and dispose
of It by eating the said chicken himself
if he so wishes. The contract with the
collector of dead animals la authorized
by rule 67 in ordinance M91 and is very
explicit in tho following paragraph:
"The said parly of the second part (the
collector) aarees to and with the party of
the first part (the city) that lie will col
lect or have collected, removed, hauled and
disposed of, free of cost to the citizens
thereof, , all dead animals wherever found
the city of Omaha," ',
The ordinance, however, provides that
he "shall be entitled to charge, collect
and receive for the removal thereof from
the owner or occupant of the promises"
from which the dead animals are removed
$2 for each dead animal weighing more than
600 pounds, or $1 for each dead animal
weighing less than UHi pounds.
No Thanksgiving turkey has been known
to weigh more than 500 pounds, and there
fore citizens of Omaha will not be com
pelled to pay iriore than the sum of one
almighty dollar for the gratifying sight of
tho city collector calmly walking away
with his long anticipated Sunday dinner.
HAMMOND REJECTS PROPOSAL
f
Moat Have Somethings P;ie at Once
or Stay in t'ollcrtorsblp)
Flaiht.
(From a Staff Correspondent.
WASHINGTON, Feb. 6. (Special Tele
gramsThe selection of an Internal reve
nue collector will be settled at the next
meeting of the Nebraska delegation. This
la the concensus of opinion among- the
members. Ross Hammond of Fremont has
refused to be a party to any proosition
looking to a future appointment and get
out of the way for W. B. Rose. "Show
me," the Fremont man has said to those
who have earnestly labored to bring about
an appointment for hlin that would amount
to almost a cabinet position. Without men
tioning names, It can be said with au
thority that the members of the Nebraska
delegation have been laboring lor weeks
to clean up the collectorshlp matter by
giving the collectorshlp to one of the two
candidates, and an excellent position on
the outside for the other.
It waa understood that Mr. Hammond
was open to suggestions looking to a plsce
that would bring him to Washington, for
he likes Washington, now that he has
been here this length of time, and in the
belief that an excellent position might be
provided for Mr. Hammond and the presi
dent being willing a solution of the collec
torshlp difficulty might he amicably aet
tlod the president was seen and was shown
the condfctiens. Nothing was kept frona
the chief executive. He knew every turn
of the way. He learned the conditions and
appreciated them and with his usual desire
to I sip his friends the president said that
if there was a vacancy In the first or
second assistant postmaster generalships,
of which he had no knowledge as Immedi
ately happening, he would consider the
Nebraskan as first choice.
This waa put up to Mr. Hammond, but
through the advice of Senator Burkett and
Congressman Boyd the Fremont editor de
cided to stand by his original application
for collector or nothing, and the woik done
by his friends of both psrties promises to
go for naught. It now reaolves Itself Into
a question who can command the most
votes on February 13, Hammond or Ros-.
THUG GIVEN LIFE SENTENCE
Man Confesses floldop of Northern
raclfle Train nnd Mnrder
der of Eaglsctr.
BOI LDER. Mont., Feb C George Has
tins, the last of the Clow murder suspects,
the trio who held up a Northern Pacific
train near Butte last May and murdcrtd
Engineer Clow, today confessed the crime
and waa given a lite sentence. Henry
Gruber confessed yesterday and George
Towers was sent to the penitentiary for
ninety-nine years last week.
Trial Trizt for Sooth Dakota.
SAN FRANCISCO. Feb. 6. The new ar
mored cruiser aouth Dakota, sister ship
of the California and the other armored
cruisers now on te coast, will have - its
first government trl. trip on February ?5,
according lo tnformalVn z?ven out yier
dsy. The South DskuY is now at Min
Island and anil be taken to Santa Barbara
channel tor Uie trials.
5 Clecttnn at rraakfart.
FRANRTORT. ky . Feb. (.-The ballot
for aenauir takea uvluy by Lbs hteisiaixure
JUDGE 1IARG1S SllOT
Famom Kentucky Character IraUntlj
Killed by Hia Son. '
EXACT CAUSE NOT YET KNOWN
Report that Father Remonstrated
with Boy for Drinking.
MURDERER K LOCKED UP
He Raved Like a Maniac and Ead to
Be Draped to Jail. J
HAD SELECTED HIS CASKET
.Voted Feudist Month Ago Malted
Ionlarllle Factory and Or
dered tasket Costing;
1,600.
JACKSON. Ky., Feb. (.-Former County
Judge James Hargls, for many fears mem
ber of the state democratic executive com
mittee, accused of complicity in many
murders and a prominent figure in the
feuds which have (Unruptured Breathitt
county for - several years, was shot and
Instantly killed In his general store here
this afternoon by his son, Besch Hargls.
The son fired five shots In rapid ucce
slon at his father, who fell dead, while
his clerks were waiting on customers. The
exsct cause of the murder has not been
learned, but It Is supposed to have been
the result of differences which have ex
isted between father and son for somo
time. The two men are reported to have
had a quarrel several nights ago, when
the father. It Is alleged, waa compelled to
resort to violence to restrain his son.
Young Hargls. It Is said, has been drink
ing heavily of late. He came Into th
store late this afternoon and wa appar
ently under the Influence of liquor. Judge
Hargls. It is said, spoke lo his son about
his drinking and a quarrel resulted.
Father and son stepped behind a counter
In the store, when the son, after only a
few minutes' conversation, drew a revolver
and fired five shots. Four took effect, tha ,
noted mountain character falling dead.
The young woman stenographer and th
customers In the. store rushed for th
door and fled In fright.
Young Hargls was arrested and placed
In jail. He was raving- like a maniac and
the offlcere were compelled to drag him
to Jail.
Judge Hargls will be burled In a caakel .
which he himself purchased about a month
ago. Some time during the early part of
last month Judge Hargls went to the Na
tional Cavket company at Louisville and
requested that he be shown the moat
elaborate coffins the company had lit
stock. Nothing suited Mm and he finally
ordered one along his own Ideas, costing
$1,800.
WATERS OF NIAGARA RIVER
Persistent E Herts Made, in Congress
to Prevent Re-Enactment,
of Barton Las. '.
WASHINGTON. Feb. 6.-Perslstnt f
fort are to be msdo In congress to prevent
the re-enactment of what I known as th
Burton law passed In 1906. governing tha
disposition of the waters of Niagara Falls.
The object of that enactment was to con
serve the waters of the falls agsinst th
encroachment of commercial enterprise.
It was destined as a purely temporary
measure ,to be supplanted by a general
convention or treaty on this subject be
tween the United State and Canada, and
which is Intended to cover also the disposi
tion of other waters forming a boundary
line between tho two countries. Th Bur
ton law expires In less than a year aud a
half. Those opposing Its re-enactment for'
ten years, as is proposed In some quarters,
declare this Is a distinct advantage to th
Canadians, who, because such a large por
tion of the falls are on the Canadian aid
of the river, are content to let existing,
conditions remain. In preference to agree
ing to a treaty which will restrict the priv
ileges they now enjoy.
A failure to reach an understanding In
the form of a treaty between the two
countries at an eaJy date will necessitate
the passage of some form of legislation;
extending the present law a resort to
which Is bitterly opposed by some Now
York Interests. I
FIREMEN HAVE CLOSE CALL
Five Are Serlonaly Injnred at Ha.,
cine Fire that Doea fl20,.
OOO Damasre.
. RACINE. Wis.. Feb. (.-Five firemen In
jured and a los of $130,000 was. the result
of a fire that broke out in the Club room
of the Racine club. In the Alshuler build
ing, today. The Injured:
Captain John Diedish, scalp cut and over
come by smoke.
Fireman Peter Joachim, three rib broken
and Injured Internally.
James Bruce, ribs broken, cut and bruised
on the head and body.
John Strlpple, Injured on the legs.
Charles Jenisto, severely bruised.
' Eight men were on the ladders leaning
against the south wsll of th structur
when It i fell. James Bruce was carried
with it over Into the burning- building and
It was believed lie was lost. HI com
rades, however, threw a stream of water
on him and he managed to crawl out Into
a hallway and was rescued by the firemen.
The other men, when the wall went down,
fell to the roof of a building adjoining.
The Dan i.Bul Clothing company, th Hur
brlilge Grocery company, the Racint club,
Zahn Dry Good company, sustained the
bulk of the loss. The cause of the fire
was defective electric wiring; ;
M'DONALD CASE NEARS END
Defense Finishes Testimony and f tat
Bearlas lti Rehattal at ,
Ihteaaro.
CHICAGO. Feb (.-Mrs. Minnie Hirseh,
a niece of Mra. Dora McDonald, who. testi
fied yesterday In the trial of Mra Dora Mc
Donald that Webster 8. Guerin has at
tempted to blackmail her aunt, today said
that ahe heard Guerin ask the forgiveness
of Mrs. McDonald for hla part In the at
tempt to extort money from her.
Francis W. Beaver, manager of 4n ad
vertising agency which controls many bill
board. teaUfled that the bill board behind
which Mrs. May Campbell swore that she
atiioil and listened to Guerin making
threats against Mis. McDonald did no!
come within eighty feet of, the place whtra
Mra Campbell testified she was ataading.
The defense finished its testimony today
and tuis afternoon rebuttal e1dt4 was)
taxruduced ky tha (lata.
V