The Omaha Daily Bee VOL. XXXVII XO. 213. OMAHA, FRIDAY MORj IXQ, FEBRUARY 21, J 903 SINGLE COPY TWO CENTS. FISH LOSES POINT Harriinan Interests Have Eight to Vota Stock in Dispute. COURT DISSOLVES IN.Tr JTION No Law Ajainst Outside Coi. Holding Illinois Stock, CONTENTION ABE HOT PRO, Union Pacific and Illinois Central Nov Competing Lines. MEETING WILL BE HELD MARCH 2 Beard of Directors Dominated by Harrlman Will Be Elected Case to Be Tried Later on It ' Merita. CHICAGO, Feb. 20. Judge Ball of the superior court today dissolved the Injunc tion tec u red last October br Stuyvesant Fish by virtue of which the Harrlman In terest wefrt restrained from voting 281,231 hares of the capital stock of the Illinois Central railroad at the annual meeting- or the company. 'The theory on which counsel for Mr. Fish based their arguments In support of the Injunction that It was con trary to the laws and public policy of the state of Illinois to allow foreign corpora tions to own and vote the stock of do i mestlo corporations was denied by the court. Under the ruling of the court the pre viously enjoined stock, ' whlcft" Is held by the Union Pacific Railroad company and by the Railroad Securities company of New Jersey, can be voted at the annual meeting of the Illinois Central, which la to be held In thle city on March 1 I There Is no appeal from the decision handed down today by Judge Bail, but It Is considered probable that Mr. Fish will take further legal steps to regain posses sion of the Illinois Central. Judge F. B. Karrer' of New Orleans, who has acted as leading counsel for Mr. Fish throughout the controversy, said today after the ren dering of the decision that the case will now be tried on Its merits, but declined to ay how quickly proceedings will be lnstl- tuted. Harahaa la Pleased. None of the principals In the case were In court, both Mr. Fish and Mr. Harrlman being in New York. All of the attorneys on both sides and many other lawyers and business men were preeent and filled the court room to overflowing. President Har ahan of the Illinois Central came in while ,Jie decision was being read and heard the latter portion of It. When the conclusion had been reached he said: , "My head Is too full of that decision to allow me to say anything, but to say that I am highly pleased and more than highly pleased la putting It mildly." Judge Ball, who Is of a somewhat frail physique, turned over to his son the task of reading the decision, which contained almost 19,000 words.. -A sown as It Was concluded there was a veritable stampedo In the court room, brokers, lawyers and messengers' making a rush for the door in order to announce ' the result. They ran into various rooms seeking for tele phones and many tore headlong for the elevators, while others fled wildly dowil the stairways. Bo much excitement and confusion has not been witnessed In the county Court house for many years. Contentions Are Not Proven. The' court declared that Mr. Fish had not been able to prove ' any of his con tentions that the domination of the Illinois Central by Mr. Harrlman would be to Its detriment and had also failed to show that the Interests of the stock holders would be Injured thereby. The Union Paclflo and the Illinois Central, he said, were not competing, but are con necting lines, and the one could not be a commercial rival of the other In sucn a sense aa to fall within the scope of legal decisions against the tJUaucea be tween competing railroads. The two roads, the court declared, wore not so situated aa to make It possible that they Would Combine to monopolise traffic In any section of the country. The court further declared that If the name of Mr. Harrlman was not a name . to conjure with, many of the allegations made In the case would not be considered erlously. He was compelled to act. he said,, on , facts alleged and proved, and not fears , "or supposed prophecies." The record of the case, he declared, failed to substantiate many of the declaration made against Mr. Harrlman. , Findings of the Coart. The decision was, in substance, as fol lows: It Is urged that the complainants, under the rules of equity practice, should have requested tike officers and directors of the Illinois Central to bring this suit that such a request and a refusal by the cor poration are necessary perquisites to their right to begin tills action. This suit might have been brought by the Illinois Central, its subject matter Is one In whloh ail the stockholders of that corporation are equally Interested. Before a stockholder Is entitled In his own riame to Institute and conduct a litigation which usually belongs to the corporation he should snow to tue satisfaction of the Court that he called upon the directors to bring the suit and tnelr neglect or refusal to comply with . his request, or he must show that an ap : plication to them Would have been useless. Bight of Stockholders to sue. The LIU as amended alleges that com plainants made no application to the' com pany to bring this suit first, because tuey believed they huve the individual right as stockholders to brlug this action; and, second, that It would have U-en idlo to have made such application, because elKht of the thirteen directors of Uie. II inois I'chual believe that tho Union Paelf c and the Railroad Seeuiltles company have die r g!il to hold and to vote the stock sev eialiy owned by them, because three of these directors have parllclt.aied In the un luwiul aits complained of, and live others would have L un advised by ilariiinun not to allow the blinking of such i suit and would have followed such advice, and be cause of tiie personal hostility of eight of said directors to Fish they would not have permitted such a suit to bo brought. i'iie first rouson given may bo paused as It It a legal conclusion, and the alleged facts slated as the basis for the second rea son aru vigorously demod In af fidavits filed by eaid eight directors. The only thing averred and proved in this .vase as to tho future actions of the de. 'leiiiiutiLS is that at the coming election the l.'mun J'atitio and the Railroad Securities company will vole the stock they own snd control for the re-election of three of the present directors, each of whom has served the Illinois CentsjU acceptably for many )ears, and for a fourth director, in place of Mr. Fish, a competent man. who la not In any way connected with the Union Pa cific, uo act prejudicial to the Illinois Cen tral or to its slues holders. Is shown to have been done units .the mere fact that the Union Pacific and the railroad securities company own iv per cent of the slock of the Illinois Cential be considered to be so. C ourts Act Upon Facta. Mot Fear. Binre tne retlrcotnt of Mr. Fish from the presidency the polUy of the company has (Continued on Second Pegs.) SUMMARY OF THE BEE Friday, Ffbrn.rr 81, 1908. 1908 Gebrry 1908 SV' moY TcZ. Hfa Tffif ' 0m tar 1 s a 2S 4 5 6 S1 1 8 Z 9 10 II 12 13 11 15 &6 IZ 18 19 20 21 22 v V 20 2Z 28 29 ' THE WE1TUB, ,H OMAHA. COUNCIL BLUFFS AND WINITY Fnlr Friday. FOR (N'KBRASKA increasing cloudiness FrMsyi ' i . .m FOR IOWA Fair Friday. --J. Tempernture at Omaha yesterday: Mour. Ifpg- DOMESTIC. Senator Brown has inserted In Indian appropriation bill an amendment which will make the Omaha Indian supply de pot a fixture. Page 1 Judge Ball decides the Illinois Central voting controversy in favor of the Harrl man Interests. The case cannot be ap peafed until tried on its merits. Page 1 Railroads may be forced to close their small stations because of Inability to secure telegraphers. Wabaah complaint to the Interstate Commerce commission. Pag-e 1 William Jones, murderer of Detective Simon Drummy, died at state peniten tiary of wound inflicted when shooting occurred. Page 1 Former Governor Pennypacker denies that he was present at a conference when the "whitewash" letter was dic tated. Page 1 Probability the house committee will report a waterways bill at this session. Pag-e 1 Reason for delay In payment of Mis souri Pacific employes Is merely that auditor's force was short, so the official statement declares. Pare 1 General postofflce appropriation bill re ported from the committee with $9,000, 000 reduction. Pag-e a pomsxos. Russian admlralty submits plan for expenditure of $1,000,000,000 In nine years .for new fleet. Page a General Stoessel Is sentenced to death by the courtmartlal at St. Petersburg, but the judges recommend that sentence be commuted to imprisonment for ten years In a fortress and that he be ex cluded from the service. Pas' 1 American fleet reaches Callao after un eventful voyage from Punta Arenas. - P 1 Sultan Informs Russia. . ha has' no In tention of picking quarrel. PagW 1 BTEBKABKA. Governor George L. Sheldon makes strong ' pro-Taft address at Weeplug Water, where he presides over conven tion of Cass county. The convention de clares for Taft and Indorses the' gov ernor for delegate-at-large to the state convention. Pace 4 Regents of state university finally ap prove the laundry bill of employes of the Institution. Page 8 Burlington engineer at Marquette first learns of accident during storm when he spies horse's head upon engine pilot. Page 3 State Board of Educational Lands and Funds rejects Minnesota certificates of indebtedness of state university offered for sale. . Pare 3 Bridgeport Commercial club ' favors state and national guarantee of bank de posits, rag-e a William Boohe, whose brother Is about to be tried for murder, breaks through Ice and Is drowned. Page 3 OOMXSBCXAX AJTO XBTDXTBTSXAX. Live stock markets. Pae 7 Grain markets. Page 7 Stocks and bonds. Pag-e 7 KOTEHCPIS OP OCX AW STDAJISKZPB. Pot. Arrived. Balled. NEW YORK ..Prlusess Irene ..Europa. BOSTON Bonis SOUTHAMPTON. MANCHESTER .C.l.ndnnUn .... ALEXANDRIA ..Romania PLYMOUTH .... Ocean lo LONDON Minneapolis CHKKBOIRQ ..Kaiser Wll m II. MAjastle. SULTAN HAS NO NEW QUARREL Rasala Receives Information Porte la Merely Protecting His Terri tory In East. 8T. PETERSBURG, Feb. 20. A repre sentative of the Foreign office declared today that Russia had received definite assurances that the TurkUh military pre parations In northwestern Turkey In the vicinity of the Russian border w.re not directed against Russia, but were made necessary by the threatening internal situa tion In this region, which Includes Armenia and Kurdestan. The assurance has been conveyed also that the sultan has no wish to Quarrel with Russia. CHANCES ON ISTHMUS POOR l nemployed Wno Tnrn In tbat Direc tion Likely to Meet Cold Reception. WASHINGTON. Feb. SX-Reductlons In foro are being made by the Isthmian canal commission In the divisions of build ing construction and that of mechanics, also In the clerical force of the Isthmus. Notwithstanding these facts considerable number of unemployed mechanics and clerks has been migrating to the Isthmus recently as a result of the commercial depression in the United Btates. but their chances of securing employment are very remote. FLEET ARRIVES AT CALLAO Successful Voyage Ends at Peruvian Seaport Koyal Welcome Is tilvea. CALLAO. Feb. SO.-The American battle ship fleet hes Just been sighted off this port. The latest wireless dispitch from the Connecticut says that Rear Admiral Evans is still In poor health and that Rear Ad miral Charles M. Thomas, commander of the second squadron and third division of the fleet, has assumed charge of the vessels. I Ju VWiSI --4 IPX m. T TTrifrl Ql C a. m 8 ri 1 uV 7 a- m 9 r4 jf"" 8 m 51 Jlr 9 a. m 13 -Jf7 A 10 a. m..; IS S f O. U a. m 1l ,1 12 m 4 -kSyrA. 1 p- m 27 S VhZ. 2 P. m 29 A rjr 3 p. m 30 t fhrri P- m Si v, ssQxL- B p- m 33 I ? p m S i . ya tP ' P- m 1,0 WAGE CONFLICT IMPROBABLE Bftilroadi Are Not Considering: Gen eral Seduction in Fay Bolls. SOUTHERN ROADS DEFER ACTION Receiver for Great Western Rays Only Matter In Hand is Mlsnader standing; Aboat Cnargree for Overtime. WASHINGTON, Feb. 20. Industrial and financial circles have been more or less concerned today over what they re gard as a prospect that the railroads of the country have In contemplation a gen eral reduction In the wages of their em ployes. Such apprehension Is praotlcally groundless. Information which has reached the Interstate Commerce com mission, particularly, and other officials of the government, who haVe a direct or Indlreet Interest In the Industrial and railway matters. Indicates clearly that there is no concerted action on the part of American railways to make general changes In their wage scales ' at this time or In the near future. Instances of postponed readjustment of - wage, scales are cited In the cases of three or four southern system, the Southern railway, the Louisville A Nashville, the Seaboard Air line and the Atlantic Coast line bs Ing named aa practically the only roads In the country which may be affected. It Is the Intention of the officials of the lines named to consider with their em ployes the question of a readjustment of some least of the wage scales now In force with a view to reducing their operating expenses, which they regard as necessary. The plans of the officers have not been worked out yet. even In a tentative way, because It Is their desire first to present the situation which con fronts them fairly and Impartially to their employes. It Is expected that the employes may meet them half way and no serious diffi culty Is anticipated. The proposition. In a general way, will be to return to the wage scales which were In force about a year ago, at which time the general advances In the pay of men In the operating depart ments of the railroads throughout the country were advanced. What conclusions may be reached It Is not possible now definitely to foretell. Assurances have been given by the railway officials that they have no disposition to Impose any hard ships upon their employes and they will not do so. Question of Great Western. One other line, the Chicago Great West ern, has been named aa likely to reduce the wages of Its employes. It can be said by authority that the receivers of that road have no Intention to reduce or re adjust the wages now in force. . It Is ex plained that certain rules and regulations obtain In the operating- department of the Chicago Great Western which are ambigu ous and subjected, perhaps, to two or three constructions. Owing to the difference' of construction placed on these regulations by the men and by the officials a good deal of overtime pay Is charged .against the operating expenses of the line. Confer ences between the receivers or their repre sentatives and the employes are to be held for the purpose of reaching a definite understanding as to the effect of the regulations in order that so far as possible the excessive overtime charges shall be eliminated. No proposition haa been made by the receivers, it Is stated positively, looking to a reduction of wages. Chairman Knapp and Commissioner Nelll have adjusted successfully In the, last fif teen months several controversies, that have arisen between Interstate carriers and their employes. In each case their action has been purely informal. They simply have threshed out the questions with the representatives of the employes and of the employers and in each case have succeeded In bringing them .to a basis of satisfactory understanding. ' No Cauae, for Apprehension. So far as the Interstate Commerce com mission Is concerned and so far as Im portant railroad Interests here are aware there ia no cause for apprehension respect ing the wage question on American rail roads. Such questions as have arisen In Isolated instances are not regarded as ground for any general concern. While some railroads have suffered dur ing the last few months from a falling off of business the records shown In the re ports of operation received by the Inter state Commerce commission indicate no large or very general reduction In reve nues. On account of the financial strin gency during the autumn and early weeks of winter some curtailments of construc tion work were made, but that work, which is in a measure continuing, will be resumed In a majority of Instances at the opening of spring. SANTA FE CLOSES ITS SHOPS Two Thousand Men Throvm Ont of Employment at Topekn by Railroad. TOFEKA. Kan., Feb. 20. Ths Santa Fe railroad shops at this point wl I not open tomorrow morning for work. Tl e officials say the closing down will only be tem porary, perhaps until Monday. This means the throwing out of employment of 2,000 men. Lack of work and the financial stringency Is given as the cause. NORFOLK. Va.. Feb. 20. W. A. Garrett, chief executive officer for the receivers of the Seaboard Air Line railway, today Issued an order making a 10 per cent cut In salaries of more than J5.000 per annom and S per cent In those between $3,010 and 16,000. WATERWAYS BILL CONSIDERED Frobablllty Meaaure Will Be Reported In View of Great Interest In Subject. WASHINGTON. Feb. SO.-The Newlands bill for the appointment of an Inland waterway commission and appropriating 50,000,000 as ft special fund to be known as the "Inland waterway fund" was taken up today by the senate committee on com merce. In view of the grat Interest arouaed by President Roosevelt's message and speeches on the general aubject It is likely that a bill will be reported from the committee at the present session. GEORGE TENNYSON ACQUITTED Jodce at Marysvllle, Kaa., Vnder Confession of Woman, Takes Caae from Jury. . MARYSVILLE, Kan., Feb. 30.- Judge Kimble today Instructed In the case h.i. George Tennyson was being tried for the murder of his father to find the dfrnrtttr,t aot guilty. The Jury was then dismissed. ROADS MAY CLOSE STATIONS Serious Situation ,1'on fronts Smaller Cities of the lalted-. States. WASHINGTON, Keo. 20.-A proposition very serious to many thousands of persons, residing at, and In the vicinity of small railroad stations throughout the country Is presented to the Interstate Commerce commission In a formal petition In which the Wabash railroad company asks for an extension of the time of the going Into ef fect of the nine-hour law which applies to railway employes who have the direction of movements of trains. It is declared In the petition that 1 unless the order of ex tension is made, either by the commission or by congress, the nly alternative will be the closing of a large number of sta tions on the Wabash, railroad. This action, It Is said, will Impair the efficiency of the service and result In public Inconvenience and Interfere with the prompt movement of trains, but the Wabaah officials assert that they see no way out of the difficulty Into which they ' will ; be plunged by the operation of the law. ! It Is pointed out In ,the petition, that In order to comply with ihe provisions of the law the company would have to employ an additional telegraph Operator at each of 246 -stations on its llnnj Thus far the com pany says that It has not been able to cure the services of ent operators In such able it to comply wit! fftclent and com pet numbers as will en , the act. s maintain that the The Wabaah offlclij application of the laW to their line would result In great hardship and expenses to the company "seemingly unnecessary, even If It were able to secure the necessary number of efficient and competent employes for the purpose." Other railway companies have taken substantially the saie grounds as the Wabash. They maintain their absolute In ability to secure a sufficient number of competent telegraph operators to man their wires, aa the law after March 4 will require. It Is. pointed out that in com plying with the law their only course will te to transfer operators now In their em ploy to stations of greater Importance and larger traffic, thus practically closing many small stations where rlow the operator per forms the duty of ticket agent, freight agent and telegraph operator. The seriousness of the, situation presented by tho railroads Is realised fully by the In terstate Commerce commission, which will endeavor to reach some satisfactory ad justment of the matter before the law be comes operative. Western Lines In Better Shape. The Union Pacific has asked the Inter state Commerce commission for a hearing before the new nlne-fiour law Is put Into effect, claiming that ship, and the hearing It will work a hard- s set for February 27. The Burlington roiil west of the rivor has made all arrangements to comply with the new Jaw D. Wills dent In charge of op General Manager H rd, second vice prexl ratloo, meeting with ldrege and all the western general superintendents and super intendents last week t make final arrange ments. It Is said the law will be com plied with without having to close any stations west of the Missouri river. Some switching around of men was made and telephones will be used In some places, but no stations will be , . - Tho Northwestern haa also arranged to comply with the taw without having to close any stations. ROBBER ENTICES HIS. VICTIM Colorado Springs Drairirlst Shot Throngh Lnnsrs and Relieved -of Valuables. COLORADO SPRINGS. Cdlo., Feb. 10. Otto Fehrlnger, a druggist and whole sale liquor dealer of this city, was slugged, shot and robbed on a country road three miles northeast of this city last evening by an unknown man who had Induced the merchant to accompany him to the place on the pretext that an uncle had some fine wine which he wished to sell. Fehrlnger was shot through the right lung and It Is feared the wound will prove fatal. The robber secured a diamond stud and ring, valued at $1,000; a roll of bills and checks amounting to $600 and a valuable gold watch with a diamond setting. After shooting Fehrlnger the man drove back' toward Colorado Springs and the horse and buggy were later found In the heart of the city. Fehrlnger after being shot walked half a mile to a telephone, from which place the police and sheriff were notified. PENNYPACKER J3ENIES LETTER Former Governor of Pennsylvania Says ,lt Was Not Prepared at Confercace with Him. HARP.I8BURO, Pa., Feb. 20 Former Governor Pennypacker in his testimony at the state capitol conspiracy trial today, de nied 'the statement of Stanford B. Lewis, assistant to Architect Joseph M. Huston! that the famous Huston letter to former Attorney General Carson was prepared at a conference between Pennypacker, Lewis and former Auditor General Snydec,- one of the defendants. Mr.,Pennypacker declared that when Lewis stated that this letter was Intended to be a. "whitewash" ho stated what was absolutely false. Mr. Snyder was called as a witness today In his own defense. DEATH RECORD. Senator Aabury C. Latimer. WASHINGTON, Feb. ffl.-Scnator Asbury C. Latimer of South Carolina died at Providence hospital at 9:15 a. m. today of peritonitis. . He had been at the hospital since Sunday last, when he underwent an operation for appendicitis. It was then dis covered that the bowels had become twisted and his condition was found to be such that surgeons held out llttlo hope for his recovery. He rallied, however, anii hlj progress was satisfactory until last even-In,-, h.n , steadily became worse. The members of tiie senator's .family were with him when he died. Brigadier General F. S. Dodge. WASHINGTON. Feb. 20. Rrlgadler Gen eral Francis 8. Dodge. I. S. A., retired, whi was awarded a medal of honor by congress for distinguished gallantry at the battle of White river In Colorado In the Indian cam paign In the '. died at his residence here yftterday. General Dodge served with tha Twenty-third Massachusetts volunteer regi ment during the civil war. He was 06 years of age. Mrs. A. W. Scattersood. AIN8WORTH, Neb., Feb. ao-(8peclal Telegram.) Mia Minnie E. Scattergood, 36 years of age, the wife of A. W. Scatter good, died today of heart failure caused by la grippe. She will be burled in Ainsworth cemetery at a time not yet set. She leaves a husband and two children. Donald L. Adam. Donald L. Adam. 4 years old, son of Mr. and Mrs. Andrew Adam, died Thursday afternoon at his home, 8S Park avenue. The funeral will be held at 1; p. m., today from the residence. Interment will be In West Potft FATAL GASOLINE EXPLOSION Mrs. . L. Dodder Dead and Sitter it Fatally Burned. VICTIMS DISPLAY COURAGE Woman Suffering Arony Forireta Herself and Thinks Only of Her Husband and Sister. Mrs. Rdward L. Dodder, wife of Edward L. Dodder, an undertaker. Is dead, and her sister, Mrs. Kllxabeth Hamilton, Is so badly burned that she cannot recover, as the result of an explosion of gasoline In the Dodder home, M4 North Twenty-fifth street, yesterday morning. The explosion occurred at 9:30 o'clock. Mrs. Dodder died at 4 o'clock In the afternoon, having been under the Influence of opiates most of the Intervening time. The two women were In the laundry In the basement of the house. The gasoline had been placed In a bucket and the cur tains were being placed In the fluid, when suddenly It exploded, throwing the burning liquid over the women and turning them Instantly Into human torches. Neighbors heard their shrieks. Mrs. Dod der rushed from the basement and plunged Into a deep bank of snow. The flames were extinguished, but not before she had been so severely burned that there Is no hope for her recovery. Mrs. Hamilton also ran out of the house and followed her sister. The explosion blew the cellar door off and blew several windows out of the second story of the house. Neighbors rushed to the assistance of the women and the fire department was on the spot within a few moments. All the clothing was burned from the two women and they were In terrible agony. Mrs. Dodder was badly burned from head to foot. Dr. A. C. Bunce was on hand al most as quickly aa anyone. He saw at once that Mrs. Dodder was fatally burned. She realized her condition. She begged the physician to give all his attention to Mrs. Hamilton. Displays Great Heroism. y "I cannot be saved. Maybe you can save her," , she said. The women were carried irtto the home of Edlef Jepsen next door. Other physi cians arrived and the burns were dressed. Mr. Dodder was at a funeral. He ar rived, however, soon after ' the accident. Still forgetful of herself Mrs. Dodder ex claimed: "Poor fellow, this will be hard on you." Opiates were then administered to the two women. Mrs. Hamilton was badly burned all over the upper half of the body. Burns of this nature over one-fourth of the body surface are usually fatal. Mrs. Dodder has no children. She and her husband lived alone except for Mrs. Hamilton, who has been living with them since last November. Mrs. Hamilton is widow. Mrs. Dodder was a trained nurse before her marriage She is well known In many of the best homes of Omaha and also has made close friends n other towns. While she was being cared for by the. neighbors before the arrival of the physicians she directed what should be done for herself and her sister and throughout the awful ordeal maintained the most remarkable self-possession and coiirage. The body of Mrs. Dodder will be taken to Glade, Pa., her old home, for Interment. GEN. CARRINGT0N TO RETURN Sheridan Ch'aniber of Commerce Plana Great Celebration There Next July. SHERIDAN, Wyo., Feb. 20. (Special.) Surpassing In historic interest any pre vious event In the annals of Wyoming will be the celebration planned by the Sheridan Chamber of Commerce In this city next July, at which time General and Mrs. Henry B. Carrlngton of Hyde Park, Mass., will be the guests of honor. In 1868 General Carrlngton, then a col onel, established and was commanding officers of Fort Phil Kearney, located near the present site of this city, and It was at this frontier post the first full garrison flag between tha Platte river and Montana was floated. Gen eral Carrlngton is now over 80. He lett Fort Phil Kearney In 1667, when this country was swarming with hostile In dians, and has neveri visited it slnco. The fort was abandoned In 1868, and only a few depressions here and there mark the site. The general and his wife wIU return to the scenes of their early strug gles on 'e frontier and review the tragic events of 1866, this time the hon ored guests of the citizens of a city of 10,000 Instead of being members of a small band of brave soldiers, manfully contending against fifty times their number of hostile Indiana. The history of Wyoming presents many vicissitudes, occasions which have tested the bravery of the stoutest heart, but there was no time In thla history more trying to the soldier than the period covered by November and De cember, 1866, at Fort PI 11 Kearney. Here on December 21, 1866, the gallant Brevet Lieutenant Colonel W. J. Fetterman, Lieutenant George W. Grummond and seventy-nine others were masjucred by a band of Indians under ited Cloud, not one qf the soldier remaining alive to tell the story. This massacre was the re sult of the disobedience of orders by Fetterman, who had been commanded by Carrlngton not to go beyond Lodge Trail ridge In pursuit of the Indians. The savages cunningly led the soldiers Into a trap and killed everyone of them. To review the scenes of this end simi lar traf-edlea ufter forty-two years. Gen eral and Mrs. Currington will return as honored guests of the city of Sheridan arid the people of Wyoming. An effort will be made to have as many of the surviving members of Fort Phil Kear ney present as possible. A portion of the original flagstaff has been preserved, together with other relics of the long since dismantled post, and these will De presented to the general and his wife. The state officials, the Wyoming con gressional delegation and many men prominent in frontier military affairs wtll be invited and the occasion made a fete week for Wyoming. It Is expected to have the annual meeting of tha State Press association here at this time and from those present it Is expected to se cure much valuable historical data con cerning the earlier efforts to shelter and protect an advancing civilisation. Surviving members of the Fort Phil Kearney colony of 1866-7 are requested to communicate with the secretary of the Sheridan Chamber of Commerce that arrangement may be made to appro priately entertain them as honored guests of the city during that week- MURDERER CF DRUMMY DIES Ballet Which Reached Him Just After He Had Shot the Detective Brlnn Death. William Jones, the nerro who murdered Detective Drummy of Omaha last Saturday In South Omaha, died at about J:25 Thurs--day afternoon In his cell at the penitentiary In Lincoln. Frlson Phjulclan R. E. Glffen had made an examination of the prisoner but a little while before and decided he was too weak for the operation necessary to extract the bullet lodged in his body by Captain Shields of the South Omaha police force or Detec tive M. J. Sullivan of Omaha. The doctor had left the prison and the nurse and hos pital steward were there when Jones Indi cated he wanted a drink of water. This was given to him. The nurse and steward were engagred in something else for about five minutes. They then turned their at tention toward the prisoner, who had said nothing since getting tho water, and found him dead. A post-mortem examination was made of Jnnea, and It was found ho had been killed by a thirty-eight caliber bullet. The ball passed through the left arm, entered thn chest between the fourth and fifth rlus. t through the left lung, cutting the spinal column at the Junction of the fifth rib and vertebrae, passed through the canal, cut ting the spinal chord, then to the right through the back portion of the right lung, and lodged In the angle of the fifth rib. The examination was made by Prison Physician R. E. Giffen and Drs. Irwin, Mayhew, McKlnnon and Williams. Coroner Matthews located Jones' motlior in Cleveland and wired her regarding tha disposition of the body. MAN AND THREE-TOED HORSE Men of Science Differ Over Existence of Human I.lfe Durlna Neo cene A are. SAN FRANCISCO, Feb. 20. Claiming that man did not live in California at the tlms of the three-tood horse, and that the claims of early human life In California, made by Prof. J. D. Whitney, the eminent anthropologist, are all wrong. Dr. W. J. Sinclair .has Just Issued a bulletin from the University of California that Is ex pected to revolutionize modern anthropolog ical Ideas. The bulletin covers the In vestigations made by the university de partment of anthropology and Issued under the title, "Recent Investigations Bearing on the Question of the Occurrence of Neocene Man In the Auriferous Gravels of the Sierra Nevada." Of the human bones reported from the auriferous gravels the best known is the Calaveras skull, at present In the Peabody mUseum at Harvard university. It Is this skull that forms a basis for Prof. Whit ney's deduction that Dr. Sinclair attacks. His attack is based upon a critical ex amination of the auriferous gravels under taken by the university department of anthropology some years ago and Just completed. PRESENTATI0NCF TAKAHIRA New Japanese Ambassador, Received at the White House with . Much Ceremony. ' WASHINGTON, Feb. 20.-The formal re ception for Baron Takahlra as ambassador of Japan to the United States, took place at the White house at 2:45 this afternoon. The ambassador was brought to the Whlt-j house in President Roosevelt's carriage ac companied by Colonel Bromwell, the presi dent's military aide. The suite of the am bassador In diplomatic, military and naval uniforms were pr?sent at the reception. The speeches exchanged between , the president and the new ambassador, while on their face purely formal, were charac terized in each by an undercurrent of strong desire for the preservation of peace. The ambassador, for Instance, said: "The maintenance of lasting peace with all nations and the conservation of the rights and Interests of all people are the cardinal objects of my august sovereign." For his part the president said: "I fee! that I can do even more than reciprocate these assurances I most sin cerely plidge the earnest co-operation of the United States to Increase the good we mutually bear," etc. , BANQUET FOR FATHER D0WLING Crelarhton Alnmnl WIU Honor Retir ing; President and Welcome His Successor." A complimentary banquet will be given next Tuesday evening at the Rome hotel to Father Dowllnsr. retiring president of Crelghton university, and Father Ma- geveny, his successor, by the Crelghton University Alumni association. C. J. Smyth will preside. T. J. Mahoney will speak on "Legal Education," Dr. De wltt C. Bryant will respond to the toast. "Our First Professional Department," and W. F. Gurley will speak on "Good Citizen ship." There will be Informal addresses by Father Dowllng and Father Mareveny. About 150 will be present. tlovernor Sheldon was Invited, but Sent his regrets, as he has a previous engagement for that evening. Invitations have been sent also to the supreme Judges, the federal und dis trict Judges and to leading educators of the state. AUDITOR'S FORCE TOO SHORT This Said to Be Only Reaaon for De. lay la Payment of Mlnsourl Pacific Men. ST. LOUIS. Feb. 20.-M. C. Markham. as sistant to the vice president of the Missouri Pacific-Iron Mountain system, and who has supervision over the, auditing depait ment, stated today that the delay In the payment of the 35.000 employes of the sys tem, the first Instance of the' kind In a number of years. Is due to a reduction In the force In the auditor's office. Concerning the dejay ho today gave out the following: The pay car usually goes out during the third week of the month, and the pay master, following the uhiiuI custom, bulle tined that the car would reach a certain point upon a certuin day. The pay r-ar will go out the third wejk as usual, except that owing to some delays In the prepara tion of payrolls It may 1 a few days late This Is all there Is to the report cuncernlnii the Mlssoarl Pacific pay car not going out M. C. MARKHAM. ' STOESSEL SENTENCED" TO DIE Judges After Ions Drllberatloa Finally Agree He Must Pay Penalty. ST. PETERSBURG. Feb. 2). General Stoessel has been condemned to death; Gen eral Ftack has been reprimanded, and Gen erals Smirnoff and Kelts have been ac quitted, i i The court recommends that the death sentence upon General Stoessel be com muted to ten years' Imprisonment In a fortress and that he be excluded from the service. ANCHOR FOR DEPOT Senator Brown Makes More to End Fight on Indian Supply Home. PUTS BACK HOUSE AMENDMENT Considered Certain the Ssnata Will Concur in the Plan. HEADS OF NEW YORKERS KICK Increase in Appropriation for Publio Building- at Kearney. WORK ON GRAND ISLAND PLAN3 Congressman Norrls Presented Watrh by the Connecticut State Repub lican Club, Which He Re cently Addressed. (From a Staff Correspondent.) WASHINGTON. Feb. 80 (Specie I Tele gramsSenator Brown today during the discussion of the Indian appropriation bill lit the committee on Indian affairs, of which he Is a member, offered an amend ment, which was accepted, whereby the Indian supply depot at Omaha will become permanent. The house committee on Indian affairs reported an amendment to the existing; law providing for the permanent establishment of Indian warehouses at certain points by the Insertion of words which would have fixed the status of these several stations. Congressman Fitzgerald of New York made v a point of order against the paragraph, which was sustained by the chair, and the appropriation wss made but for the year ending 190. The Junior senator from Nebraska, realiz ing the Importance of Omaha as a dis tributing point and appreciating Its ad vantages under the present railroad condi tions, made New York. Chicago, , Omaha, St. Louis and Ban Frnnclsco permanent Indian supply depots by amending In com mittee the bill as It passed tho house, and It Is believed the senate will take the view of Senator Brown and once for all elimi nate the yearly fight over this feature of tho Indian supply bill. Raises Limit on Building. The committee on public lands and build ings has reported Benntor Brown's bill for an Increase In Uie appropriation for a new building at Kearney from S3,u to Slft.OOO. The bill as passed last year carried $86,000, Work on (iraud Island Plans. Judge Norrls this morning called upon Supervising Architect Taylor regarding th plans for the new public building at Grand lBlund. The original plans for the construc tion of this building were changed some- -what at the request of the people of Grand Islund, the change desired-relating to the entrance to the proposed structure. The changes asked have been made In con formity to the wishes of the people of Grand Island, but to effect these change naturally caused considerable delay In plao tng the advertisement lor -proposals On the market. Architect Taylor toduy Informed-' Representative Norrls that his force Would have the plans and specifications for the Grand Islund building ready to place on the market within tlireb weeks. Watrh for Norrls. . Representative Norrls is wearing a new watch, a present to him from the Con necticut McKlnley State league In recogni tion of his speech before that organiza tion at Danbury, Conn., at their memorial banquet to commemorate the birthday of the late president, William McKlnley. Nebraakan Vlnits President. Contsressniiin Norrls today Introduced Major J. F. Stealey of Omaha to President Roosevelt. Major Stealey has the distinc tion of being one of the youngest surviv ing soldiers of the civil war. He enlisted In lWl and served throughout the conflict, rising from a private to the rank of major at the close1 of the conflict. During- the last ten years Major .Stealey has held the position of postmastor at the National Sol diers' home at Grand Island, Neb,, resign ing that position some weeks ago.. Major Stealey Is east upon a vacation and leaves Washington today for New York and Bos ton to visit old friends. Gamble la busy. Senator Gamble has secured a favorable report from the committee on public build ings end grounus on his bill providing an appropriation of $110,(00 for a new publio building at Huron, S. D. ' He also has se cured a favorable report on the bill ex tending the time one year In which tho Winnipeg, Yankton & Gulf railroad shall construct a bridge across the Missouri river at Yankton, S. D. Minor Matters at Capital. , On recommendation of both senators from Iowa Dr. A. O. Williams has been ap pointed pension examining surgeon at Ot- ' 1 tumwa, vice Dr. Murdock Bannister, re signed. On the . recommendation of both South Dakota congressmen Dr. F. J. Wood has been appointed pension examining surgeon at Huron, vice Dr. C. U. Alford, resigned. Civil service x&iiiliititiuii w!!i to held March 7' at Columbus. Neb., for clerk and carrier In the postofflce service. Postmasters appointed. Nebraska Leaf dale, Cheyenne county, Anthony M. Leaf dale, vice M. I -oaf dale, resigned. South Dakota Rutland, Luko county, Hammond W. Gage, vice J. W. Koehler, resigned. W. H. Woodward and wife of Independ ence, la., were visitors at the office of Senator Brown today.' Mr. Woodward, Senator Brown and Congressman Frank Lowden of Chlrago were classmates at the University of Iowa. FOU4.KKII WILL BR ITf.MI.TORITT Senate Committee Will Sustain Pres ident on Brownsville Affair. WASHINGTON, Feb. 20-The Browns ville question will be voted oa by th senate committee on military affairs on Tuesday next, uccordintr to an agreement reached today. The majority of the com mittee will vote to endoise the action of the president In dismissing three com panies of negro soldiers of the Twehty-ftfth Infantry on account of the raid on the Texas town. Senator Foruker will make a minority report. POSTOFFICE APPROPRIATION CUT House Subcommittee agrees en Rill with Reductions. WASHINGTON, Feb. ai.-The subcom mittee on appropriations of the house com mlttee on postofflccs and pjst rosds today reached an agreement to report to the whole committee the poslofflce appropria tion bill. The bill as revised by the com mittee carries a total appropriation of $220,716,000, which Is approxl-natcly 9,00)00 less than the estimate submitted by Uie department. I V