Daily
VOL. XXXVII NO 2G4.
OMAHA, TUESDAY MORNING, APRIL 21, ' 190S TEN PAGES.
SINGLE COPY TWO CENTS.
Omaha
Bee
M MMM BILL
House. , Committee Tablei Vreeland
Substitute for. Aldrlch Measure.
ACTIOH rOLLOWS DISCUSS'
Members Say It it No Better That
Original Bill.
COMMISSION TLAN 13 IN FAVOR
Committee Votes to Report Fowler
' ' Bill, Ten to Three.
PROVISIONS OF ' PROPOSED ACT
CoaalHlM of Forty-Three Member
I to'tteay Situation nl Bring; .
la Bill Neat Mnlvt far Re
vialan al' System.
THNIWxO NG 8 cmfwyp shrdlu etaola
WASHINGTON. April .-Th house com
mittee or. Janklng ." and currency today
voted to lay- en the table the financial bill
offered ty Representative Vreeland (N. T.)
aa a substitute (or the AldHch bill and de
cided to report favorably the bill recently
Introduced by Chairman Fowler, provid
ing for currency commission to consist of
forty-three members,' eleven mambera of
tha senate, eleven member a of th house
and twenty-one other, who must ba clU
lena of tha Vnted 81 a tea.
Tha action ef th committee waa taken
lata is tha afternoon, after .a meeting
laatlng all day. Representative Vrceland
appeared, before the-committee and made
a long argument In favor of hi bill, aaylng
ha thought it 'Would be criminal negligence
for congress to adjourn' without paaatng
aom -measure of protection In the event
of another panio thla fall. He rid nit, how
evar, think that a, panic waa Imminent. Mr.
Vreeland said that Ma bill waa an emerg
ency measure only and ha favored the ap
pointment of a currency commission to
conalder a permanent banking and currency
law. '
IIU1 Criticise BUI.
Representative E. HU1 (Conn.) replied to
' Mr. Vreeland, severely criticising hia meas
ure, which h said waa the Aldrlch bill,
pure and simple with two sections omitted.
Tha committee then went Into executive
session to consider the measure. The dis
cussion over It waa more protracted than
over tha Aldrlch bill which waa tabled laat
week by unanimous vote. Tha "Vreeland
bill had some supporters and when the vote
'on the motion lo table It waa taken Messrs.
Weeks (Mass.). Burton (Ohio), and Mo
Kinney (III.) voted in the negative.
Those voting in the affirmative were
Messrs. , Prince (111,). McMorran (Mich.),
Wtomi (Ohio), Waldo N. Y.), Hayes
(Calif.). PujO (Loulstnana). Glass (Virg.).
Gillespie (Tax.). Jamea (Ky.). Crawford. N.
C). McIUnry (Fenn.) and Chairman Fow
ler. ' In caae of the Aldrlch bill the committee
decided to give no reneoa to tatjiouse for'
Ha action, simply reporting ht the meas
ure had been UoJed. , '
. Tha motion trt report the Fowler currency
commission bill was adopted 10 to 1.
Thoa voting in the negative were Merra.
PuJo, Jamea and Crawford, while Merra.
Burton and McIIenry voted present.
BEATE ADD TO PENSION LIST
Committee Ifaa About Completed Com
alteration of Mtaisre.
WASHINGTON. April 20.-The senate
committee on penaiona today practically
completed consideration of, tha pension ap
propriation bill. It will carry about U",2.ft.'
Co, an Increase of $12,000,000 over the house
bill, . having been made to carry out tho
provisions, of - the widows' pension bill,
which ha ben enacted. The house bill
was amended so as to eliminate provision
for abolishing pension agencies through the
country and consolidating the work of the
agencies under the bureau in thla city.
NO LIGHT EXCEPT IN SONG
JEleetrlo Bulk Cio Dsns at First
. Methodist and Candle
Are laed.
Standing at the chanuel with two caiidlta
In his hand and with the ushers marking
the aislea with other candlea, Kev. F. L.
Lovcland. . pastor of the Firat Methodist
thuich. ushered 1.K3 people out of the
church Sunday night. The electric lights
went out Just as Mr. Kelly, muatcal di
rector, was playing the prelude to the main
anthem of the evening, and thinking the
trouble ' might be temporary, Mr. Kelly
ilH-d, the prelude over and over again,
but It, was still dark.
Mr. ', l.evpland the.n asked th congrega
tion t stand and sing "Lead Kindly Light,''
wh'ch was done With organ accompaniment.
The singing of the vast congregation waa
worth going a distance to hear. It had
been hniiounced that the evening waa to be
given over principally to music, and con
sequently there Wat a large number of
Wel.known musicians In tha audience.
Wt.J the llghta completely out, they
seeitVd to take especial delight in letting
out 'their volcea and. such congregational
alnging has lieldoin been heard la that
church. In the darkness, where one could
pot kt his neighbor, they did not seem
la be afraid lo "sing out!" Two other well
known hymn were sung with equal
volume.
With ths aid of candles, th vast con
gregation was Fscd from, the church, sec
tion by section, without mishap.
DEATH RECORD.
Samuel Alexander.
It A ST) SOS, Ntb.', April JO (Special Tele
gram ) fflmuH Alexander, one of the flrat
stttlei of llsftlni;. died of stomach trou
ble after an illness of several months, at
i SO this morning. Funeral services will be
conduced at 4 o'clock Tuesdoy afternoon.
Mr. Aie.smler waa 4 years old. lie came
her In ISii, before a railroad was built
through, and settled upon a lioniesteal
which is now tha best residence sectkm in
the town. He conducted the flrat atore
hare and erected th first business build
Ir.g. U waa the first postmaster and
later served as mayor, treasurer and coun
cilman. H waa a member of the board
of trusts of Hastings colloge and la
reccgnluuu of Ms service one of th build
ings of the institution was recently named
after Mui. Mr. Alexander ta aurvlved by
his nil, four daughters and a son.
tains sy Saras ta Death.
BIOL'K FALLS. S. D., April a.-Spe-rlni
Ala LnilAnev, tha -year-old eon of
a homesteader residing !n Lyman county,
was turned to (5'4'J1 as the result of secur
ing pf,e .,! of a match during . th
(at. ....... ..,;. iJ (aratila.
SU?.L'.MY OF HIE DEE
Tuesday, April 31, lIMtft.
1903 cflpiUL
TX yatf 71Z. i iff a TPJ
1908
3 4
6 Z 8 0 W If
3 14 15 16 11 IS
1222 23 24 25
no on ?i
Ait? ens - -
tnra wiatbbii,
For1', .aha. Council Bluffs and Vicinity
Fair -fHiesday; continued moderate tem
perature. For Nebraska OenerallV fair Tueaday.
For Iowa Generally fair Tuesday.
J IJ I . - pur.
Dog.
a. m
69
. A a. m
7 a. m
8 a. m
t a. m
1 a. m
11 a. m
12 m
1 p. m
2 p. m
i p. m
. 4 p. m
6 p. m
6 p. m
T p. m.
8 p. m.....
p. m
KOTBJgBlTTS OT OCX AH gTXAMSKITS.
Port.
KBW TOHK
MW YORK
NBW YORK
Ql KBNHTOWN..
LIVERPOOL,
IKIVKR ,
rii'Mn
nog ton.. .......
Arrleeil.
ftlclllan Prlae..
1 Tnurstns.....
Flortds
lallea.
. tritesnls.
Caledonia.
Kroonland.
. rsanoaia. '
OleXoalaa.
MOV1U.E
Columbia I
SOUTHAMPTON. St. Paul
BY WIRELESS.
CAPE RACK, N. P. Steamer Kslser Wll
helm II. from Bremen for New York, waa
reported 1,223 miles east of Sandy Hook at
10 a. m.
8 ABLE ISLAND, N. 8.-Minnehaha. from
London for New York, waa reported by
marconlgram 619 miles east of Bandy Hook;
will dock at 8 a. m. Tueaday. -
WOULD GET INT0C0URT QUICK
Cossellmss Elmsnaa Proposea City
Kaglseer Tear I'd rower Condalt
f Street Railway Cosapaay.
The city attorney has been instructed to
advise the council when it convenes this
evening as to what procedure to adopt In
the courts to either oust public service cor
porations fiom the streets or to 'establish
their rights to use them. The committee
of the whole of the cosincll, yesterday
afternoon took thla action toward ascer
taining the legality of the franchises held
by the traction, electric light and bell
telephone companies. The resolution waa
passed only after a heated argument.
Councilman Sheldon first made a motion
to lay on the table the opinions regarding
the validity of the franchises held by the
traction and electric light companies, from
the ctty attorney. Zimman and Funk
houser were Immediately upon their feet
and in declaring that the two companies
ought each to. be pitying $00,000 yearly in
royalties to the i-lfy. asked what use there
would be In deferring the matter longer
and' In- virtually anulllng what work hatj
already been done. by . laying on the table
the exhaustive op'nlona presented by the
city attorney. Bridge then made the sub
sequent motion Instructing the legal de
partment to advise further action. As
sistant City Attorney nine, however, aaya
that it is doubtful if the legal department
can prepare the necessary Information by
tonight. . ,
Councilman Zimman proposed tkat th
olty engineer be Instructed to tear up all
conduita of the traction company used for
the transmission of light and power other
than the propelling of street cars, and
Oiat the city electrician be Instructed to
cut all wires of the electric light com
pany used for the transmission of power.
His Idea In this being to force the com
panies to ask for injunctions and thereby
get the matter Into the courts. The public
service corporations would therefore be
oi the defensive: and the burden of proof
would be on them, not th city.
The first hint, of the validity of the fran
chise held by the Nebraska Telephone com
pany being questionable was made In the
meeting Monday afternoon, but Bridges In
cluded thst company In his resolution on
the ground that "all three companies are
on mighty thin Ice and we had better put
them all in the same boat." The telephone
company In acting under an ordinance
paaaed October 4, 1890.
The council accepted the Brlgg street
sweeper on a ten days' trial in preference
to a number of otiiera submitted. This ma
chine is made at Waterloo, la., and acts
.... ..m principle aa a carpet aweaper,
gathering up the sweepings and depositing
at certain Intervals. The machine will be
here In two weeks. '
HAS . RECORD OF BEARD
Wallace Has Paototrrapha ef Li a col a
Inaagaratlaa Day Shonlsg
Wore a Beard.
J. Laurie Wallace ha found til "com
plete record of Lincoln's beard nrd whis
kers, and challenges the memorlea cf those
who claim the martyred president did not
wear a beard when inaugurated, March i.
186X. , ,
The record produced by the Omaha artist
In contradiction to the statements of those
who say they saw the president when he
took his oath of office are the fllea of
Harper's Weekly In the city library. Mr.
Wallace aaya:
"I fnand In the city library of Omaha a
photograph of the preaident atandlng on
the platform delivering his Inauguration
addr. H wore a beard, and, more than
that, I have copies now of pictures of Lin
coln taken In the spring of 1861 showing
him with a beard. One la owned by H W
Fay of DeKalb, 111., and the other by
Frank A. Brown of Minneapolis, Minn.
"More than that, thoa who aay that Lin
coln .wore no beard when he visited the
can p of General MeClellan. near Hard
aon'a landing, are tnletaken. I have photo
grarha now of the president in General
McClellan a tent and-walking on the field
mlth Oetieral McClelland, and ho weara a'
fceaid. Thla waa In October. 1MB."
CITY KEYS GIVEN SAILORS
Rsssa at Free Eattrtalanrat
Jack Tar Bealaa at Loa
. Aaaeles.
for
LOS ANGELES, April J0.-Tlie city today
began Its week's entertainment of the At
lactto fleet. For the next six days officers
and men will participate in a program
which will occupy nearly every hour of the
time. A four-day program for th Bailor
began at Chutea park thla morning. Three
thouaousd sailor ware given liberty from
th hip and wer escorted from th bach
Oiuea Li Lva Acaias'ta ti M trolley liax.
r
SUIPS WILL SOT 'BE SENT
Turkey Satisfies Italy and Naval Dem
onstration is Called Off.
SULTAN QUICK WITH - ntOJflSES
Dlfflealty Over Disregard t
Rights, bat Other Resseai
Display at Military
Exist.
Postal
for
CONSTANTINOPLE. April KX The dif
ficulty with Italy regarding the opening of
postofflcea has been arranged. Turkey has
recognised Italy's right to th lama treat
ment in this respect aa is enjoyed by tha
other powers. . No further objection will be
raised as to the establishment of Italian
poatofflces In which poetoffiees of the
other powers already exist - .
ROME, April SO. Turkey has acceded to
the Italian demand for Italian postofflces
In Turkish territory In order to avoid a
naval demonstration in Its waters. Italy
Insists, however, that the. other claims
against the Ottoman empire be recognlaod.
and active exchange of dispatches between
Constantinople and Rome Is going on. .
. Turkey has communicated officially to
the Italian government that It does not ob
ject to Italy establishing poatofflces in the
Turkish cities where the other powers have
like Institution. Furthermore, the ports
has practically acknowledged the other
Italian claims In th matter of the right
of Italian freely to purchase property on
Turkish territory and with regard to coaat
navigation. Aa a result of these concessions
the Italian government has issued orders
to the fleet that was about to depart for
Turkey to remain In Italian waters, and the
incident Is regarded as closed.
Several Cssae of Difference.
The difficulty between the two nations
arises out of ths refusal of the Turkish
government to permit the installation of
Italian poatofflces In Turkish territory,
while at the same time other nations have
established and are conducting poatofflces
there without interference.
Considerable Irritation has been felt here
over the murder of an Italian missionary
In Tripoli and the persecution by the Otto
man authorities of natives who hav sold
land to Italians, but the present aotlon of
tho Italian government Is based primarily
on the postofftce question. With regard to
thla, however, the Turkish ambassador In
Rome has pointed out In an Interview that
his government has In no Instance granted
to the countries In question suoh a privilege,
although It has "tolerated" the poatofflces
which they have maintained.
For years It has been felt In government
circles In Rome that Turkey has been
taking advantage of ths international situa
tion to act In a high-handed manner toward
Italians, showing . but little respeot for
Italian rights. Thla government, it Is stated,
has been Indulgent, not wishing to cause
complications which might endanger the
aocord of the powers with .regard to ths
Ottoman or the Balkan problems.
Climax at Troable.
In addition,, taere has been much opposi
tion on the pari of .Turkey . to all peaceful
Italian Initiative in Tripoli and matters
reached a climax when Italy asked for per
mission to open postofflces in Turkish terri
tory, where other, powers already were
established, and met with what is con
sidered by the administration her unjusti
fiable refusal, for besides being an acquired
right, Italy considers that It Is sntltled to
claim it according to treaty between the
two countries granting It th privileges of
the most favored nation.
Apparently Turkey came to th con
clualon .that th Italian government would
never resort to extreme meaaures In view
ct the fact that the Macedonian problem
is pending, for the settlement of which
the accord of the powers Is Indispensable
and it went so far as to order dtachmenta
of troops to guard th Italian poatofflces
and thus prevent the work - from being
carried on.
To this provocation the Italian adminis
tration felt that It could only reply with
coersive measures In order to protect the
dignity of Italy and safeguard its rights.
In Issuing orders .for a demonstration ef
Italian warshlpa In Turkish watera, Italy
desired clearly to show that it did not
wish to take advantage of the situation
for the purpose of occupying any territory.
MERRY WIDOWS AND RELIGION
Barllnarton, W, J., Pastors gar that
Hats Are Drlvlas; Jrtea
from Service. (
BURLINGTON. N. J.. April SO.-fleveral
local churches have proposed a ban upon
"Merry Wldjw" hata In the congregation
during servlcea Faator declare that men
are. becoming fewer at the services as th
number of big hats Increase, and that the
popular styls threatens to make many male
backsliders.
Ushers In some of the more crowded
churches were at their wits ends to seat
their Easter congregation. Pews which
have comfortably accomodated six persona
would hold no more than four when the
quartette wore large hata '
In th prominentchurches hereafter it
Is proposed to request women who wear
their big hata to church to check them at
the cloak room duriu the services.
CANNON HAULER OVER COALS
Mlaorlty Leader Bays Aetloa la A d
Joarnlag Hoaae Grave Breach
j of Rales.
WASHINGTON, April .-Jalning the
floor by unanimous consent to speak to a
question of privilege of the house, Mr.
Williams, minority leader In th house, to
day directed attention to what he called
the speaker's breach of privileges of the
house In arbitrarily adjourning the house
on Saturday last. He would , make all al
lowance, he said, for the "pestering" with
which he had inflicted the speaker and for
human nature becoming intolerant at being
so pestered, but at the same time, he de
clared, the speaker's act was one of the
gravest thlnga that had occurred In par
liamentary history.
WYMAN FINALLY WINS FIGHT
Preeideat Baoeevelt Beads Ma Warn
for Seooad Term at at.
Leal.
WASHINGTON. April .-The president
todsy sent to ths senste the nomination of
Frank Wyman to be postmaster at St.
Louis for a second term of four ysers.
Thsre haa been a long and bitter fight over
this office, the ihree republican eongreaa
men from St. Louis opposing Wyman. They
advocated th appointment of another man,
but the preaident concluded that the aar
victa of .Wyman Jualifitd, aeoOiar term.
BRIGANDS OUTNUMBER TROOPS
Floed Make It Difficult for Reln
fareeneata to Reach Meat
at Border.
TIFLIS, April 20. An alarming report
ha Just been received hare, setting forth
the critical situation of a small Russian
expeditionary force In Persia, which I
menaced by a vat!y superior body of Per
sian brigands. The Russian troops pene
trated the frontier In the neighborhood of
Beleusvsr In pursuit of Kurdish brigands
who had committed depredations In Rus
sian territory.
The Russian commander of the force has
aent out a messenger demanding reinforce
ments of Infantry, artillery ami cavalry.
The Persians, who hav been Joined by a
warlike tribe of nomads, surround the Rus
sians with a numerous force, and their
horsemen have assumed the offensive. The
sending In Of Russian reinforcements Is
made particularly difficult by tho flooded
condition of the country.
Yesterday the Russians had three men
killed and ten wounded In various minor
engagements with the Persians.
ROUTE OF FLEET FROM EAST
Government t Will Be Fnable to Accept
Iavltatloa to Visit Ear.
llsh Cities.
LONTK5N. April 20. It haa been decided
definitely that the American fleet of bat
tleships will not call at any .European port
on Its way home, with the , exception Of
certain points in the Mediterranean, where
It la necessary. to stop for coal.
This Information Is conveyed In the Amer
ican reply to the invitation extended by
Great Britain that the fleet come to Eng
land. This answer which haa Just been
received at the Foreign office, says the
American government regrets that the fleet
will not be able to touch at any European
port except thoae In ths Mediterranean; it
will, however, probably call at Malta or
Gibraltar, or possibly both,.
. In conclusion. President Roosevelt ex
presses hi cordial thank to Great Britain
for the Invitation and for the. facilities of
fered for coaling and to make repairs at
British ports along the fleet's rout from
the far east to tha Atlantlo coast.
RELIGION CLOAK OF CRIME
Father Joha of Cronetadt Brought
Into 111 Repate by Practices
of Followers.
ST. PETERSBURG, April 20 The su
thorltles of St Petersburg finally have de
cided upon the prosecution of the leaders
of the notorious Johannlte sect, whose
practices have brought the name of Father
John of Cronstadt Into evil repute In the
eye of all Russians, excepting posiby
the lowest classes, Doiena of men and
women who surround the supposed saint
have assumed such sacrlllgoug pities as the
Holy Ghost, the Virgin. Archangel Mich
ael, Mary Magdalene. John the Baptist, and
tha designations of other apostlea, and they
are to ba thoroughly ir.veatlgated. . - Tha
prosecutor ha secured material grounds
Vpon which to bring charges; not only will
they he prosecuted for blasphemy and se
cret and Illegal practices .ondwr JTie lawa
of religion, but for forgery, blackmail, reb.
bery, malversation,' panderage , and .other
Crimea, all committed, under cover of re
ligion. MOROS NOT YET PACIFIED
Troop Experience Trouble with Na
tter es Continually and Hard
FlghtlasT Results.
SAN FRANCISCO, April 20. Army Offi
cers who arrived here yesterday on the
Buford from the Islands bearing news of
serious uprising In Mlndano and , guerilla
warfare between tha whites, the settlers
and the natives.
"The natives have fired on the whites,"
said Colonel F. W. Manafield of the Second
Infantry, who is in charge of the troops
that srrlved on the Buford, "and ws hav
ended the trouble for the time. But another
outbreak may came at any minute."
Captain Charles H. Mulr of the Second
Infantry spent some time In the Moro
country quieting the natives, and the cam
paign there was a trying one. The natives,
he said, fight as did the North American
Indians and it takes many weeks of scout
ing and hard work to bring them to terms.
BUBONIC PLAGUE APPEARS
Prevalence of Suspicions Disease
Leads Color to Belief It
Exists.
CARACAS, Veneiuela, April 18 Via
Willeir-stad, Curcacoa, April 20. The pre
valence and continuance of a suspicious
edldemlo at La Gualara, which haa caused
a number of deaths, haa decided some
steamship companies not to admit pas
sengers from that port, while others have
resolved not to have, their vessels call
there at all. This malady haa been de
scribed as pernicious fever. Dr. Perasa, a
local physician, diagnosed th dlsea som
months ago as bubonic plagu. For this
ha was at once thrown Into JalL . Today,
however, he was liberated.
General Llnevltch Weaker,
ST. PETERSBURG. April S0.-The condi
tion of Lieutenant General Llnevltch. aide
de camp to Emporsr Nicholas and former
commander-in-chief of tha Russian army
,n Manchuria, who la 111 with pneumonia,
is now critical and hie phyaiclana have little
hope for his recover.
Royalty Goee mm Visit.
LONDON, April ZO.-Klng Edward and
Queen Alexandra left London thla morn
ing for a visit to Copenhagen, Stockholm
and Chrlatlanla, where they will be the
guests of the royal families at thoae capi
tals. LIU HOP MAY REMAIN HERE
Chinaman Ordered Deported by Ne
braska Court Haa Legal Riant
of Residence.
WASHINGTON. April 20.-TU aupreme
court of the United States today decided
that Liu Hop Fong, a Chinaman who came
to the United States In 1819 aa a student,
but who haa since been found working,
sl.ould not be deported a was decreed by
th United gtatea district court of Ne
braska. The latter declared that Hop had
only studied to the extent of taking les
son in a Sunday school and finding that
hi certificate declaring that he waa com
ing to the United States for the purpose
of engaging in the pursuit of schoolaatlc
knowledge mas fraudulent ordered that h
be sent back to China. v Today's opinion
was try Justice Day and reversed the order
of the Nebraska court. Justice Dsy took
th position that there waa no testimony
before the district court to Justify th dis
regarding of th certificate, aa waa don
by that oourt.
PRESIDENT TO GREET WOMEN
Chief Executive. Will Receive Daugh
ter of American Revolution.
MANY ARE GATHERED AT CAPITAL
esaloa Will Be Uninteresting; When
Compared with Previous Gath
ering Change In List
f Officers.
WASHINGTON,' April V The . seven
teenth continental congress of the National
Society of Daughters of the American Revol
ution convened here today fn Memorial Con
tinental hall, 'With an unusually large at
tendance. The congress will be in session
for six day. The vice-presidents general,
whoso terms of office expire this year and
whose places are to be filled, Include Mrs.
Drayton W. Bushnell of Council Bluffs, la.,
and Mrs. Ira H. Evans of Texss.
A number of social functions will be given
in honor of the daughters during the week.
On Thursday, President Roosevelt will re
ceive them at the White House. Tonight
the daughters have been Invited to attend
a reception In honor of the president gen
eral, Mrs. Donald ' McLean, given by Mra.
Charles G. Terry of New York, one of the
vice-presidents general, end Mrs. Henry S.
Bowron of New York, assistant historian
of the society. A musicals will be given
Thursday and the Sons of the American
Revolution of the Dlatrlct of Columbia will
give a patriotic celebration In honor of the
daughters on Friday night.
The presentation, by the Berks county
chapter of Reading, Pa,, of the Colonial
hall clock for Memorial Continental hall on
Wednesday will be attended with elaborate
ceremonies. The clock is very artlstlo and
Is valued at S&flO.
The first session of the congress was
formally called to Order at 10 o'clock this
morning by the president general, Mrs.
Donald McLean. She made an address of
welcome followed - by brief responses by a
number of tha national officers. The morn
ing session was concluded with mn address
of welcome to the Daughters of the Ameri
can Revolution from the Sons of the Ameri
can Revolution by their president, . Judge
Anderson. '
NEW INSPECTOR FOR HANNA
Maa Selected - to gupei sisn . Dlatrlct
A gainst Whom Coal Company
Protested.
CHETijKNE, Wyo., April 20. (Special.)
,t la learned from one In authority that an
ttempt will be made some -time this week.
probably Wednesday or Thursday, to reopen
mine No. 1 of the Union Pacific Coal com
pany at Hanna, In which fifty-nine men
lost their lives on .March 28, laat. State
Coal Mine Inspector Noah Young" of the
northern district passed through Cheyenne
yesterday en rout to his home at Glen
rock from Montana, where he had been In
vestlgatlng conditions with ; Inspector
Thomas Bird for, the southern district,
recently appointed ito sueceed , David) M.
Ellas who was killed In the Hanna mine and
whoea body -has not - been, recovered. In
spector Young will have nothing to say re
garding conditions at Hanna. as It Js not In
his district,, but In answer to questions, sd
mitted that mine No. 1 Is In bad' shape,
and it will be extremely dangerous for
some time to come to enter the wrecked
colliery.
. It Is learned from an authoritative source
that Inapector Bird was not the choice if
the Union Pacific Coal company, and that
he will be able to act with a free hand,
and If he finds conditions as have been
represented he will recommend that the
mine be closed permanently. Bird's ap
pointment Is said to have been strongly op
posed by the coal company, who wanted
one of Its own men named, for tha place. ,
OLD MEN GO BACK' TO WORK
Traction Company at Chester Appar
ently la Fall Control of
Strike Bltnntlon.
CHESTER, Pa., April 20. About forty
members of the state police who are hers
as a result of disturbances arising out of
the strike of the employes of the Chester
Traction company, are ill, and their ail
ment has befcn diagnosed aa ptomaine pois
oning. None of the men, who are mem
bers of Troops A. C and D, sre seriously
111. It 1 believed the trouble was caused
by the men eating canned goods. '
The second week of the strike opened
today with the company apparently in con
trol of the situation. Cara ars running
throughout the city under the protection
of the state police and are meeting with no
oppoeition. The line of the coirpany. which
extends to Wilmington. Del., is being oper
ated as far aa the state line near Clay
mont, Del. , Ten of the employes of the
company who quit work last week were
reinstated today. The company announced
that It will re-employ all of the old hands
who apply before tomorrow morning, pro
vided they can show they conducted them
selves properly during the strike.
IRISH MUSICIANS IN CHICAGO
Revelation la Choral Work at Initial
Presentation of tha Dra
matic Coatata.
CHICAGO, April 20. An audience of 1.500
lover of Irish music enjoyed a revelation
In choral work at Orchestra hall last night
wilh the initial presentation In th UnltVd
State of "The Voyage of Maeldune," sung
by the Irish Choral society.
The "Voyage," a dramatic cantata,
founded on a legend of the Emerald Isle,
and Interpreted by a chorus of sixty voices,
a quartet and forty members of the Chi
ef go orchestra, held the auditors as though
spellbound. The legend wss translated by
Alfred Tennyson and the ntualc reflects the
genius of the .Irish composer, Sir Charles
Villlers Stanford. The solo parta were
taken by Mme. " Guthrle-Moyer, aonrano;
Maud Earl Burdette, contralto; Holmes
Cow per, tenor, and Gustaf Holrnqulst,
basso. Thomas Taylor Drill was the con
ductor. '
ORIENTAL LIMITED BURNED
Faet Passenger Derailed at High
Polat in Montana aad Com
pletely Deatroyed.
SPOKANE. Wash.. April 2D.-Oriental
limited No. I the Great Northern fast
passenger train, eaatbound. was wrecked
and burned near Summjt, Mont., today. At
almost ths highest point in the Rockies,
the train struck a landslide, demolishing
the engnt and upsetting or derailing every
car. The wreckage caught fire and every
car except th standard sleeper and the
observation car wer destroyed. No one
was seriously, hart, .
BORAH CONDEMNS ' SHOOTING
In Maiden Speech In Benate He Cam
pares Idaho Affair ta Brawns-,
villa Shooting;. -
WASHINGTON. April JO.i-flenator Borah
of Idaho, who aa special counsel for that
state, conducted tha prosecution of W. D.
Haywood, secretsry. of the Western Fed
eration of Miners, whose trial on the
charge of murdering former Governor
Steunenherg, attracted wide attention last
year, today found opportunity In hi
maiden speech In the senate to express his
disapproval of any effort to secure leniency
for Harry Orchard, " the wlf-confe?d
thrower of the bomb which caused Steun
enberg's death. Ths utterance was a part
of a speech by the senator on the Browns
ville affray, and was made In connection
with a condemnation of all efforts to con
done the offense at Brownsville. It waa
aa follows: .
A cold-blooded. Inhuman. Incarnate dvil
blowa to pieces an ex-governor upon the
doorstep of hia home, is caught and con
fesses, and before the grave of th man
who died a martyr to law and order 's
green, sentlmentailsm puts a halo upon ths
brow of the blackest spirit that ever es
caped the crypta of hell. Men wearing the
Uniform of a soldier of the union, the
Insignia of government end the symbol of
law and order. In the quiet of niKht, while
homes are defenseless, assault and attempt
to murder whole families and finally suc
ceed In committing one murder; to com
promise with such an act or such a deed Is
cowsrdlce; It Is a betrayal of government;
It is sn Insult to every Intelligent and right
thinking negro, for It presupposes he is a
traitor to his country and a criminal at
heart.
RIGGS WILL SUCCEED SOLOMON
Waterloo Editor Becomes Member of
County Board, Giving; Outside
Precincts Two Commissioners.
Jamea H. Rlgga, editor of ths Waterloo
Gazette, was named a member of the Board
of County commissioners yesterday after
noon, the agreement being reached by
Judge Leslie, County Clerk D. N. Haverly
and County Treaaurer Frank Furay.
Mr. Rlggs succeeds Emmett G. Solomon,
who has become county comptroller by
reason of his election last fall, but who
was prevented from taking the office
January I by a decision of the district
court recently reversed by the supreme
court.
In naming the Waterloo editor the three
county officers whose duty It waa to name
a successor to Mr. Solomon, took into con
sideration the fact that the county outside
of Omaha had but one member of the board
and It was thought best to select the man
from the western part of Douglas county.
All other candidate were scratched when
Mr. Rlggs' name was suggested. ' He will
become a member of the board at once.
The new commission waa elected to the
legislature from this county six years ago,
serving one term In the house and has
been and Is now an active member of the
republican county committee.
SAYS CONNOR A BAD VISITOR
Lo Angeles Woman Sues Omahaa
for nBO.OOO ns Result of ' His
Vtalt to California. . '
Mrs. 1 eon a W. Wheeler of Loa Angeles,
formerly of Omaha, has begun suit in dis
trict court against Joseph A. Connor pf
Omaha for 150.000, charging assault and
libel. March , 1907. at Los Angeles she
says Connor assaulted, her and struck her.
csus'ing a nervous shock that severely in
jured her health. For this she asks fo.000.
The libel portion of the suit for. which
she asks an .additional 1 25,000 Is baaed on
the contents of two letters in which Con
nors is alleged to have discussed her
Omaha record to her detriment. She de
clares the statements he made were un
true and were both humiliating to her and
Injurious to her standing and reputation
in Los Angeles.
RECRUITS WANTED FOR NAVY
Blx Thonsaad Additional Mew to Ba
' Enlisted as Boon as
Possible.
WASHINGTON. April 20.-AntlcIpatlng
favorable action by congress on the propo
sition for 6.000 additional men for the navy,
of whom 8,000 may be obtained prior to July
1, Instructions have been given by the
bureau of navigation to reaume recruiting
which waa suspended some weeks ago, at
which time' the full quota had been at
tained. The department is anxious to take
advantage of the prevailing willingness of
young men to enlist in the navy and It la
probable that most of tho 'advertisements
Inviting enlistments will be through weekly
publications and monthly magaxtnea of a
class which reach available young men.
THAW NOW SEEKING RELEASE
First Step Taken in III Behalf by
Counsel at White
Plain.
POUGIIKEEPS1E, N. Y.. April 30.-The
first step toward the release of Harry K.
Thaw from the Matteawan asylum for the
Insane was taken today. Jamea G. Graham
of Newburg of Thaw's counsel' made ap
plication to Justice Morschauser at White
Plaina for an order directing the superin
tendent of the asylum to permit Thaw to
algn a formal application for a writ of
habeas corpus. Tha order was granted
and when Thaw haa made the application,
he will probably be brought before a Justice
for a hearing to determine whether or not
he ia aane.
FRIEDMAN RABBI FDR LIFE
Denver Congregation - nf Tempi
Eaaenuel Confers This Honor
Upon Ita Minister.
DENVER April S0.-Rev. William g.
Friedman waa elected rabbi for Ufa of
Temple Emanuel in this city at the annual
meeting of the congregation last night.
Thla I an honor seldom bestowed upon
Jewish rabbis. Rev. Mr. Friedman haa
already served this congregation as rabbi
eighteen year. ' ,.
TWO BATTLESHIPS IT STAYS
Bennte Will Make Change In the
House Program for th
Navy.
WASHINGTON. April 20.-No change will
be . made by, the senate In the house pro
gram providing for the building of two
battleships. The senate committee on
naval affairs today took up the
naval appropriation bill and It Is expected
It. will be reported before adjournment of
the senate today.
TRINITY RIVER STILL RISES
Reaches Stage of Tbirty-Mae Feet at
Dallas, Hlhet la Maay
Vears.
DALLAS. ' Texas. April 50.-The Trinity
river -haa reached a stage of thirty-nine
feet here and Is still rising. Th present
st la tha highest sine Is'KX.
SETBACK STATE
United States Supreme Court Refuses
to Remand Cases to State Court
MERITS OF CASE NOT PASSED ON
Simply Decides State's Remedy Was
On Appeal and Not Mandamus, t
MUST BE TRIED ON MERITS K0W
Cases Involye, Enforcement of State's
Railroad Rate Laws.
JW-fJJaj.
CHINAMAN GETS NEW, HEARING
Secretary Wilson Premises rn Make)
Denatured Alcohol ia Omaha If
Appropriation Remain
la Bill.
(From a Staff Correspondent.)
WASHINGTON, April . (Special Tele
gram.) The auprsme oourt today In an
opinion by Chief Justice Fuller denied the
petition of the state o' Nebraska tor a
writ of mandamus directing tha Judges cf
the federal court of Nebraska to remand
the case of the state of Nebraska against
the Burlington railroad to the supreme
court of Nebraska for a hearing on its
merits. '
In delivering the opinion of the court the
chief Justice aald In part:
"The motion to remand presents for de
cision a question whether there waa in th
case a controversy between the cltisens
of different state to a complete determina
tion of which Nebraska waa not Indis
pensable party. If the defendant's conten
tion was correct the action could hav
been originally brought In the federal couit
and Its Jurisdiction of the tase waa more
complete on removal. The circuit court
was called upon to determine that queatlon
and to exercise Judicial discretion In de
ciding It. This being so, its Jurisdiction
waa complete and If It erred in its conclu
sions the remedy is not a writ of man
damus, which cannot be used to perform
the office of an appeal on a writ of error."
Chief Justice Fulled then followed with
a number or citations where the principles
applicable to thla Nebraska case have been
laid down In Innumerable decisions.
"If vthls case," said vchlef vjustlcs, "is
one wherein there ' was a controversy
wholly between cltisens of different statea
to . the complete determination of whloh
other parties to the record were pot In
dispensable or necesserw then removal be
ing sought ' on that ground the federal
court had Jurisdiction. If the state of Ne
braska waa not an indispensable party by
reason of Its Interest in the controversy
Its presence of record as ' plaintiff would
not defeat the Jurisdiction of tha federal
court. And to the circuit court was com
mitted the decision of these questions in
the first Instance the correctness of which
cannot be examined upon this application.
Wrong Method of Procedure,
"The circuit court might clearly hive
been correct In ita decision that ths pres
ent, case waa one In which the stste of Ne
braska was not real party plaintiff, but
that decision could not be reviewed by
mandamus. '
"The circuit court W'as called upon on
thla record to decided whether the slat Cf
Nebraska had any real or legal Interest fri
th controversy alleged to have been
wlfolly between Cltisens of different states;'
and It was a decision which the court had.
a right to make, ' Involving no abuse of
Judicial discretion. A premature review
cannot be obtained by a writ of mandamus.
' Tha court baaed Its Judgment on man
damus entirely on the ground that, aa the
circuit court had Jurisdiction to pass upon
the question of removability of .the case,
and as Its order overruling the motion to
rcmsnd wss subject to review by a higher
court after the esse bad been disposed
of by final Judgment the remedy was by
appeal and not by mandamus."
Senator Broa-n, who had much to do with
the preparation or the case for presen
tation to the supreme court and who be
lieved that a writ of mandamus was the
simplest and easiest way to bring the whole
subject of Intra state rates before the au
preme court for adjudication was disap
pointed over the decision handed down to
day by the chief Justice. He aald. talking
of the conclusions reached: "I hav read
the opinion. There Is nothing in it to dis
courage the good people of Nebraska In
Insisting on the right to pass stats laws
and have them enforced. The opinions does
not pretend to pasa on the merits of tha
controversy not the validity of ths state
statutes. It decides but one question and
that is that a writ of mandamus Is not the
proper remedy for relief of an agreed
litigant. In other words the court holds
that the controversy must be brought to
the supreme court on a writ of error or
appeal and not by mandamus before ths
merits of the case will be passed upon by
1U '
."The decision of the supreme court mean
but on thing, the case will now have to
be tried on its merits in th federal court
of Nebraska and should th atat lo or
the railroad lose the appeal will be un
doubtedly taken to th aupreme oourt on a
writ of error, a proceedur which Chief
Justice Fuller suggests, as proper. All of
which means delay."
l.lu Hop Fong Geta New Hearing;.
ustlce Day In the aupreme court thla
morning reversed and remanded the can
Of Liu Hop Fong, plaintiff In error, agalnat
the United States, for the d.nrlct of Ne
braska, adjudging that the pU lntlff in er
ror la unlawfully in tlx-. Untied States and
ordering him deported to i.'nlna. Tha at
torneys for tha plaintiff in error were
John L. Webster, Frank L. McCoy and
Robert H. Olmatead.
Wilson Promises Exhibit.
Senator Burkett had an interview with
Secretary Wilson today over the appropri
ation carried In the agricultural bill for
demonstrating the making of denaturlcsl
alcohol.
"W have 110.000 In a bill for your demon
strations," said Senator Burkett," and its
for Omaha."
"Yea," aald Secretary Wilson, ''l will
make an exhibit and gladly, if 1 get the
money."
"Your word ia all I want," aald th sen
ator and the Incident waa closed .
Senator Burkett a as Just a bit doubtful
whether a genersl appropriation fot a gen
eral purpoae might not fall to bring the
result desired aa to' ths corn exposition,
but the law officer of the department as.
sured the senator that .tha wording of th
amendment was all that was necessary
In the way of authorisation, th Secretary
of agriculture needed to mak the dlap)a
at Omaha for denaturing of alcohol and
, j.OonUnugd, oa ftco&4 Fg