Omaha Daily Bee ... Jritl 5 VOL. XXXYII-NO. 147. CftfAIIA, MONDAY MORNING, DECEMBER 7, 1908. SINGLE COPY TWO CENTS. PANAMA CANAL DEAL President Send a Tart Reply to In dianapolii News f ?;ei. SAYS THE EDITG LIED Every Dollar of Purcha ' '.. Paid to Frerch Ootjc. . CONDITION OF THE WEATHER Where Shall Revision Begin? ELKSIIONOR TOE DEAD Cold Wave Wsrslsg. During Sunday afternoon the local fore caster hung out the cold wave flag, having Judge Sterling B. Toney of Dermr received warning of an approaching drop In the temperature of at least 20 degrees Delireri the Oration. within twenty-four hours. Temperatures at Omaha yesterday: SAYS DAY IS NOT ONE TO MOURN Drr 25 23 a Occasion to Offer Incente of Homajo 20 13 1 19 to Memory of Departed. FREIGHT RATES MAY CO UP Matter to Be Settled at Meeting of Official! This Week. THREE PER CENT RAISE PROPOSES Effect' I.acal Jobbers Cauaaat Be Estimated Until tba Character ot Rates Is Made Known. Will ths railroads Increase freight rates between the Atlantic seaboard and the Mis ( SO KNOWLEDGE "WHERE X X W Neither Brother-in-Law oraaft'i Brother Received a Dollar. RECORDS OPEN TO INSPECTION Anyone Wan Wishes Can Know All (hat Amy ol the fioveraiuent Of flrlala Kiowi Concerning; the Matter. HOT 'SPRINGS. Va.. Dec. 6. The follow ing Ing correspondence passing between President Roosevelt and William Dudley Foulks baa been made public by the lat ter: HOT SPRINGS, Va.. Nov. 29. 1908 -The President, Sir: The Indianapolis Newa not only during the campaign, but even after lis close has been repeatedly and continu ally making serious charges against your U ni In I t rauon as well as against Mr. Taft In connection with the Panama purchosu an tor example, me loiiowing: THE PANAMA MATTER." "The campaign Is over and the people will nave to vote tomorrow without any ofticiai knowledge concerning the Panama deal. It haa been charged tliat tne United States bought from American cltisena for -.v,iAAi,oiv property that cost those citizens oniy Illi.euO.OiO. Mr. Tsft was secretary ot war at the time the negotiation was closed. 1 here Is no doubt tnat the gov. eminent paid W,WM,0uo for the property but who got the money? We are not to know. Tne administration and Mr. Tafl do not think It right that tne people should know, me president's brotuer-in-law In involved in tne scandal, but ne naa notn lug to say. The candidate's brother has been charged with being a member of the synuIc-Hte. Ho hag, It is true, denied It, but lie rcfusoa to appeal to tne evidence) all of which Is In ine possession of the au ministration and wholly Inaccessible to ou. siiiers. t or weeks tins ncandal has been before the people. The records are In v ashlngton and they are public records, Bui ho people are not to see tnem until after election. If then. "h,ven after the election, this has been continued, It being said that Mr. Tafl's "weakness" in Indiana (where he ran many thousands ahead of any other republican candidate) was due to great measure to thle aiit ged ' scan. ml." V hat are tne facts in regaid to It? Where are these 'tnacces sluio records?' When did they come into tne tiusaession of the government and 'What do they contain? If the stalembnla ot tne News are true our people ought to know it. If nut true they ought to have some Just moans of estimating what credit should be given ill other matters to a Jour nal which tiiun disseminates falsehoods, lours. WILliaM DUDLOii FULLKii. President's Reply. WHITE HOUSE. WASHINGTON, Deo. 1. My Dear Mr. fc'oulke: I have received your letter ot the 29th ult., and have read It In connection wlt.it your previous letters inclosing quotation from tne Indianapolis News, a paper edited by Mr. Delavan Pmlrii.1 As Ac Smith certainly knew that ull the statements he made were false, both as to this Panama matter and as to the other matters of wJileh you enclose the clippings, and Inasmuch, therefore, as the exposure ot thu falsity will not affect Ills future statements, i am not very clear vtimt good will result from such exposure, lfnt Inasmuch as you evlden'y desire some a. inner to bo made and Inasmuch as yo t say thut some reputable people appear to believe the falsehoods of tho News and Mr. Smith, and Inuumuch ns you seem to think that his falsehoods as regards the Panama mutter are the most prominent, I will an swer them. The News states In one of Us Issues that, probably some ot the documents dealing with the matter probably had been de stroyed. This Is false. Not one has been destroyed. It states that the last docu ments were sent over In June of this year, , the object of this particular falsehood be ing, apparently, to connect the matter In some way with the nomination of Mr. Taft. As a matter of fact the last papers that we have received of anv kind were sent over to u In May of 1904. and they have been accessible to every human being who cared to look at thorn ever since, and rn nrcepslhle now. Any reputable man within or without congress, republican or demo crot. has now and always has had. the opnnrtun'ty to examine anv of these docu-r-rnt. You quote the News as ststlng tl-nt "Thn people have no official knowl frtcre Poncmlng..the Parr-ma canal deal." Tim fart Is .fiat the people have hod the mnst minute official knowledge; that every Imnortant stn In the tran'sction and everv important document hes been made public In communications to eofie'es and thronah the dn'lv nrens. and the whole matter hns been threshed nvr In all Its details again and f'i "d aealn. i - Jto Money to Americans. The News gives currency to the charge that "Tela .Italtett States bought from American citizens for $.O0O.00O property that cost these cltisena only $12,000,000." The statement Is false. The United States did pot pay a cent of the $10.0.000 to any American cltlien. The News says there is no doubt that the government paid $40,000. 000 for the property and continues but who got the money? We are not to know. The administration and Mr. Taft do not think it right that the people should know. Really this la ao ludicrous as to to make on feel little impatient at having to answer It. The fact haa been officially published again and again that the govern ment tuld $40,000,000 and that it paid this $40,000,000 direct to the Preach gt-ernfent, getting the receipt ot the liquidator ap pointed by the French government to receive tho same. The United States government has not the slightest know!-' edge as to the particular Individuals among whom the French government distributed the sum. This was the business ot the Wench government. The mere supposition that any American received from the " French government a "rake off Is too absurd to be discussed. It la an abomina ble falsehood and It Is a slander, not gainst the American government but gainst the French government The News eonttivufce saying that "the presidents brother-in-law la Involved In the scandal, but he has nothing to say." The presi dent's brolher-ln-ls w was Involved In no oandal. Mr. Delavan Smith and the other people who repeated this falsehood Ued about the president' brother-in-law; but Why the -fact that Mr. Smith tied should bs hold to- Involws Mr. Robinson in a "scandal" la difficult, to understand The scandal afreets no on but Mr. Smith and bis conduct has not merely been scan dalous but ' Infamous. Mr. Robinson had not the slightest connection of any kind, sort or description at any time or under any circumstance with the Panama mat ter. Neither did Mr. Charles Taft. Keeorda Made Patella. The Newa says 'that Mr. Taft was "a member of the syndicate." Ho far as I know there waa no syndicate. There cer taluly wa no syndicate In the United State that, to my knowledge, had any , dealings with the government directly or Indirectly, and Inasmuch as there was uo syndicate Mr. Taft naturally could not be long to It. The News demands that "Mr. ' Taft appeal to the evidence," by which It i means what It calls "the record" that Is, f the ross of papers which are stored In the 7 War department, save such as, because of (Continued on Second Page ) , 20 , 20 , HO , 20 1 iM7 lv'.m'.'.'. j f jZ-J1 -Yi 4p. m... 1' 7 TTTf 6 p.m... A I !x p. m... 1ft 18 , IS FAMOUS KENTUCKY JURIST Jadge Toner, Man Who Issued Ia lanctioas la Celebrated Taylor Uoebel Case. Judge Stterling B. Toney of Denver, who delivered the address to tne Elks on the occasion of their memorial services yester day, was for fifteen years on the bunch of the law and equity court In Louisville, Ky., and Is the Judge who Issued the famous injunctions In the Taylor-Qoebel contro versy of several years ago. The judge Is a democrat and those he enjoined were democrats, but he says that politics and courts do not go together, even though members of his party at that time prophe sied his poltlcal death. On that memorable election day In Ken tucky the democrats refused admittance to republican Inspectors at the polls when tho votes were counted. Judge Toney issued Injunctions restraining the election officers from refusing admittance to the republican inspectors. The officers then declined to recognize the court's orders, and the Judge promptly Issued bench warrants and eighty offenders were brought Into court. They were fined $10 each, but still the law was not obeyed until the governor, who was In the city at tho time, ordered out the mil itia and the polling places were entered by the soldiers with fixed bayonets. The year following this Judge Toney waa elected to the supreme bench of Kentucky as a democrat with a majority vote of 3,000. Judge Toney has taken up Ms residence In Denver on account of the health ot his son, who, 'the judge says, "went west an Invalid, but now weighs as much as his dad and can choot better, fish better, swim better and practice law better than his dad." Judge Toney and Judge E. M. Bartlett have been friends for years. GENT'S GOODS HIS SPECIALTY Men's KaraUhlnas Gathered Up la Large Lots by Fellow Who Is Arrested. Burglary was the charge placed against John Nallen at the police station Sunday. Nallen waa arrested on Douglas street by Patrolman "lynn, who recognised him from descriptions furnished by Chief of Detec tives fiavage. ; .,t "'" Thefts of men's clothing from M. Robin son's tailor shop at 1020 South Tenth street last Monday and ot a quantity of laundered ahlrts, collars and cuffs from the Globe laundry Friday evening are the jobs which Nallen Is believed to have recently pulled off In the city. He Is also thought to have participated In other little "lifting" and "touching" parties during the laat few months. Entrance to the laundry was gained by breaking a window, while tho front door of the tailor shop was the more genteel point of entrance to the clothing store. Detectives Donohoe and McDonald worked on the two cases for several days before getting traces of the burglar. The sale of the greater part of the men's clothing said to have been stolen by Nallen to Kurtcman Bros.' second-hand store on" South Twelft street led to the capture of the man. The clothing, and also the stolen laundry, were recovered. Nallen says he lives at 243s'Vi South Sixteenth street. Elks', Memorial at Slonx Falls. STOUX FALLS, S. D., Dec. . (Special.) -i-The annual memorial services of the members of the local lodge of Elks, which were held in the New Theater this (Sun day) afternoon, were of a very Impressive character. An elaborate program was pre pared for the occasion. The services were tho year ten members of the lodge who died during the paat year. During the year ten, members of the lodge who passed to the beyond; tho departed breth ren being the following: II. I. Lien, Prank W. Duffey, James L. Norton, J. W. Craig, J. H. Ramsey, H. M. J. Dulton. o. P. McNulty, Jacob Becher, L. S. Tyler and Rev. John H. Babcock. The lnvoca tlon at the memorial services this after noon was by Rev. Frank Fox, pastor of the First Congregational church. The memor lal address was made by Hon. E. I Abel, of Huron. Music for the occasion was fur mailed by a quartet, composed of Miss Maudo Brandt, Miss Marguerite Booth and Messrs. C. D. Rowley and Percy B. Church- hill. At the conclusion of the exercises the audience sang the hymn "America, after which Rev. J. M. Brown, pator ot the First Methodist Episcopal church, pro nounced the benediction. Huron Club Officers, HURON, S. D., Dec 1 Speclal.)-The Huron Commercial club haa held Us meet lng and elect these officers: II. J. Rice, president; Chas. B. Bryant, vice-president, and C. N. Mcllvaine, treasurer. Reports of committees showed avery satisfactory of commltttees showed and indicated that a vast amount of work for the Interests ot the city, had 'been done during the year, by the club. Granville Jones, secretary of the state federation of commertcal clubs, was present and delivered an Interesting address. 4- Balloon Starts fur Long; Trip. 8T. LOUIS, Mo., Dec. 6. Sylvester Louis von Buhl and Captain if. E. Honey ell maae an ancenaion at w.i j o crock till morning in the balloon "Yankee." At S:i the balloon waa seen over Tllden, III., thirty-five miles southeast of 81. Louis. It waa sailing rapiuiy toward the aoutnwest. Fesr Skaters Drowned. JANE8V1LLE. Wis.. Dec .-Earl CooDer Harvey Richardson. Violet Hllvlns and Fannie Bllvins were drowned tuday while saaiing un nunii.iMiuiiK. raaoei rsrown was rescuea. out may uie irom exposure. HOTEKHTS OT OCZAJT TXAMSaTXrg HIM. . .rrpuia. . Cadrlc. . Cantors la. . lorfiAaa. ..La LAirtlse. .,VUrlnt Fort. NEW YORK...... NKW VDKK SEW YOKK KBW YOHK MOW YOKK KW YUH AKTWKHP ANTWERP NAPLES NAPLfr. H A V h K H.UKK , PLYMOUTH KOI THA UPTON. OLASUUW ArrlTes. Noid Anrrttt.. La TouraUM.... Lucaols. .Arsatlca... Luuuaa ..I BraUca. ..riorM. !.'lhlU4lkla. , ..Culiuaftia. St. Psul. sissippi river? That question has been wor rying the Jobbers for some moons, but Is now In a fair way toward settlement. When the railroads first announced that a raise In rates would be necessary they said they were going to increase the rates 10 per cent. Then a change was made and they said a S per cent increase was all that was required to bring up the revenue to a paying basis. The question Will. In all probability, be settled tomorrow evening In Chicago at a conference between the railroads and the representatives of the Manufacturers' association. W. C. Brown, vice president of the New York Central, Is authority for the state ment that the raise will not exceed t per cent, but It Is not announced on what art icles the raise will be made to apply. If the class rates, on which the higher grade merchandise are shipped are to be raised the complaints will come from ths mer chants. If the raise Is to be confined to commodity rates ths manufacturers will be expected to make the strongest protest. The conference, It Is sexpocted, will definitely determine what the raise Is to be and on what articles, and also whether a fight la to be made, and also who will make the tight. Ne Compromise Whatever. When the proposed raise of 10 per cent was first announced last May a committee was appointed with Instructions to submit to no compromise whatever. The situation has been somewhat changed by the return of prosperity following the presidential election and, although the committee Is still bound by the shippers' conference, which demands that any Increase of rates be submitted to the Interstate Commerce commission with the alternative .o seek an Injunction, It Is believed that If the sub' committee Is convinced that the demands of the railroad) are reasonable a report will be carried back to the general committee for further Instructions. If the committee determines the shippers will not stand for the increase they will demand of the rail roads that a test case be made before the Interstate Commerce commission and that In the meanwhile the new tariff be held In abeyanoe. Just what the effect ot the proposed raise will be on Omaha merchants and Jobbers and manufacturers cannot be determined until it la learned on what commodities the roads propose to make the raise. TAFT QUITS HOT SPRINGS Offices to Da Opened tor President- Elect la Blar Washington , ., , Office- UnUdlnc , v t n HOT SPRINGS. Vs.. Dec. 6.-Th presi dent-elect and Mrs. Taft, Secretary Car penter and the entire office force, took their final departure from Hot Springs tonight. Mr. Taft tomorrow night will be the guest of honor at the dinner of the North Caro lina society In New Tork. After a week In Washington he will go to Augusta, Oa., for an extended sojourn. Pending, his departure for Augusta Mr. Carpenter1 will establish offices for Mr. Taft In the Union Trust building in Wash ington. OBJECT OF DUTCH WARSHIP n Look on t for Venesnelan Gunboats and to Stop Movement of Troops, ROTTERDAM, Dec. 6. The Nleuwe Rot- terdamsch Courant underatands that the naval demonstration off Venezuela Is In tended for the purpose of sequestrating Venezuelan gunboats and scout vessels and to prevent the transport of Venezuelan troops and contraband trade with Curacao. DR. NORTHRUP IS TO RETIRE Haa Been the Head of the Minnesota VnlvcTsity of Twenty Five Years. MINNEAPOLIS, Minn.. Dec. 6.-Dr. Cyrus Northrop will retire from the presi dency of the University of Minnesota at the close of the present college year. His formal resignation will be presented to the regents Tuesday. He has been at the head of the university twenty-five years. SHAH CONDEMNED TO DEATH Revolutionary Party . Poets Proclama tions In the Persian Capital. TEHERAN, Dec. . Proclamations of the secret revolutionary organization have been posted condemning the shah to death for violating the constitution. Peculiar Claim Against Road. SIOUX FALLS, a D., Dec. . (Special.) By direction of the attorney general of the United States, the United States attor ney's office In this city haa Instituted a damage suit In the United States court In Sioux Falls against Charles O. Bailey, as receiver of the Missouri River & North western railroad company, which operates a line of railroad from Rapid City to Mys tic, In the Black Hills. The property of the railroad company Is to be sold at pub lic auction in January under an order ot the federal court. The complaint In the case Just Instituted by the government against the railroad company alleges that on April SO last, through the failure ot the railroad company to have one of Its loco motives provided with a spark arrester, sparks from the locomotive set fire to dry 'grass and other combustible materials, the railroad company permitting the fire to escape from its right-of-way to land owned by ths United States and Included In the Black Hills Forest Reserve. The fire Is alleged to have caused damage to the amount of (6,173 to pine timber, pitch posts and lumber in the forest reserve. It being alleged that an aggregate of about 1,100 acres were burned over "by reason of the negligence of tho defendants." Drops Revolver and Is Killed. SPRINGFIELD, Mo., Dec. .-Whlls searching early this morning for a burglar whom he believed was lurking In his cel lar, Ir. Charles F. Brown. Jr., a prominent physician of Sprlnfield, accidentally killed himself. Dr. Brown had bean aroused from sleep by a noise in the basement of his home. Revolver in hand he went In search of the Intruder. When he reached the cel lar he became excited and dropped the weapon. The bullet penetrated the lower part of his body, death resulting in a few hours. lL jnSUfU-fctVlStTMt TARIFF- I AL) REVISION lVVwTVt Htlfi BUT a BUT DONT TOUcitl WHEAT Jft N0T OH.STteUt JTW ' rLVytRt rOR Rt VISION, YOU BET- J&M RSVlSt THE TAIPF. DY ALU MEANS, gSSfc BUT- AOOUT PROOMY OX gLTTYOVI WOULttflT.HAW ltBL8WfaT CREATURE From the Minneapolis Journal. CONGRESS TO MEET TODAY Two New Senators to Be Sworn in and Seven Men in the House. NOTHING DOING THE FIRST DAY Message of President to Be Reavd Tues day and Thereat rj Both Bodies Will'- et Doit to Appro- ' pr la tlon Business. WASHINGTON, Dec. 6. Tomorrow at 12 o'clock .both houses of congress will convene for the beginning of the second session of the Sixtieth congress. Vice President Fairbanks and Speaker Cannon will preside. In the senate ex-Oovernor Cummins of Iowa will take the oath of office as the successor of Senator Allison of that state, as will Carroll S. Page of Vermont as the successor of Senator Stewurt. In the house the seven members elected in November to fill vacancies also will be sworn In. They are Henry A. Barn hart, democrat, who succeeds the late Mr. Brick, republican. Thirteenth Indiana district; Albert Kstoplnal, democrat, who succeeds the late Mr. Meyer, First Louis iana district; Otto G. Foelker, republican, successor to Mr. Dunwell, republican, Third New York district; Frank F. Guern sey, republican, successor to Mr. Power, republican. Fourth Malue district; Eben M. Martin, republican, aucceseor to Mr. Parker, republican. South Dakota, at large; O. C. Wiley, democrat, succeaor to A. A. Wiley, democrat, Second Ala bama district, and John P. Swasey, re publican, successor to Mr. Llttlefield, Second Maine district. The two houses will appoint commit tees each to notify the other house and the president that congress Is organized for business. The senate will then ad journ for the day out of respect to the memory of the late Senator Allison. Tt.e house will also terminate its brief ses sion with resolutions commemorative of the lives of Messrs. Parker, South Da kota; Wiley, Alabama; Dunwell, New york, and Powers, Maine. Tuesday will be given up to the read ing of the president's message. As this is President Roosevelt's lust annual mes sage, there is unusual interest in it. The general report is that it will prove to be a conservative and carefully prepared document and that few recommendations for legislation will be ventured upon. The house likely will begin business Wednesday by considering the bill pro viding the means for the taking of the thirteenth census. It la the expectation of Mr. Tawney, chairman of the com mittee on appropriations, that his com mittee will be prepared to report tho bill making appropriation for tha legis lative, executive and Judicial branches of the government before the end of the week, and its consideration will be be gun at the first practical moment. The Benate has agreed to take up the bill for the establishment of pestal sav ings banks and Senator Foraker's bill au thorising the re-enlistment of the negro soldiers who were discharged on account of ths Brownsville riot of 10. BATTLESHIPS AT SINGAPORE Make Favorable Impression ns They ' 8 tea in Into the Harbor. SINGAPORE, Dec. . Tha United States Ataltnio battleship fleet, under Rear Ad miral Sperry. passed through tha harbor here today. The stately profession Im pressed both the experts and the many spectators. The scout cruiser Yankton kept In constant communication with the fleet during its passage, but otherwise the bat tleships did not communicate with the shore. The flagship Connecticut saluted the port and the salute waa returned. Many launches and small steamers filled with spectators went out early to meet the A mer If an ships. The Yankton received a wireless message from the Connecticut that on Saturday evening the fleet was 145 miles off. The voyage from Manila, from which port the fleet sailed on Tuesday, was uneventful. JAIL FOR CONTEMPT OF COURT Arcnaed of Impeding; Justice Tampering; with Witness la Criminal Case. by MITCHELL. S. D., Dec. .-(Special Tele gram. Jacob French, a farmer, waa placed under arrest yes(erd morning by direction of Judge Frank B. Smith of the Fourth Judi cial circuit, on tho charge of contempt of court. French's daughter, was the state's witness In two ease of criminal assault during tho week. In the first case the de fendant waa convicted and In the second case the girl refused to give the same tes timony that she did In the preilm'nary ex amination. It came to the knowledge of tho court that French sent his girl into the country to avoid her giving tho testimony. Later developments of ths case showed that French had attempted to settle the case with the defendant's father for a monoy consideration. French waa brought Into court this afternoon and three witnesses testified that French agreed to settle "the case for the sum of S7G0 and that his duughter would not testify against the de fendant. Tho testimony of four other wit nesses showed that French had stated to them that his girl would refuse to furnish evidence to convict the young man. Judge Smith adjudged French guilty of contempt of court, Imposed a fine of WOO and a sen tence of thirty days In Jail. A. E. Hitchcock, the attorney for French, took an appeal from the decision and will appeal the case to the, supreme court. THREATENS TO CLOSE SMELTER President Roosevelt Says Fnmes In jure Forests Bnslness Men of IJutte Proteat. BUTTE, Mont., Dec. A special from Washington to the Intermountain says that at a conference at the White House today the president told John D. Ryan that he Intends to closn every smelter In America where fumes, Injure the forests, unlesa means can be made to make sulphur imoki trocuous to vegetable life. He mentioned tl e smelters at Anaconda and at Eas' Helena. Mr. Ryan secured a stay of execu j tlon until Investigation can be made with a view of rendering the fumes inocuous. It ir believed that this will delay action some weeks. If not months. Muyor Corby, the president of tho Busi ness Men's association and of the Mer chants' association, and otTier men of af fairs, called a mass meeting for tonight to protest against the threatened closing ot the smelters by the federal government. Condemning it as a subterfuge an characterizing It as an "unwarranted pro ceeding," a mass meeting of business men tonight voiced a vigorous protest against any action of the fedeial authorities which mleht'tend to bring about the closing down of the Washoe smelter at Anaconda and telegraphed resolutions to this effect to President Roosevelt and Montana's delega tion In congress. LONG TRIP INJFROZEN NORTH Two Thousand Miles to Deliver Mall In the Artie , Reclons. WINNIPEG, Man., Dec; 6 A detachment of Northwest Mounted Police has left Ed monton for the far north as an escort to a government dog train carrying malls be yond tha Arctic circle. The mall Is destined for Lao Le Rlche, 500 miles north of Edmonton. The next stops will be Fort McPherson, Fort Reso lution and Hereschel Island. It will be a three months' journey, covering over 1,000 miles. WATCHMAN ROBS THE POSTOrFICB Inspector ChtehM Hint Opening; and Rlfllnar Letter. DES MOINES, la.. Oec. . James Page, watchman, at tha Des Moines postofflce, was arrested today on a charge of rob bing the malls. Page had been under sus picion for some time and the postofflce In spector came here and concealed himself la the postofflce and saw the watchman open a latter. Page Is a veteran of the civil war and was formerly a member of the police force. JUDGESHIP IS UP IN THE AIR Lawyeri Have Been Plenty Around the Office of the Governor. DEMOCRAT LIKELY TO BE CHOSEN Leaders of that Party Intimate, Mow. ever, Democrat Will Accept the Appointment for the' One Tear Term. (From a Staff Correspondent.) LINCOLN. Dec. 6. (8peclal.)-Bvery one around the state house Is still speculating on who will be appointed supreme judge to fill tho place made vacant by tne resig nation of Judge John J. Sullivan. For a day or two after the resignation the law yers swooped down upon the office ot the governor by .storm. Then came a lull until yesterday t when another bunch swooped down. The governor haa not Intimated who will bs his selection, but there is a general rumor out that he prefers to appoint a democrat Leaders of the democratic party, however, are trying to work up a sentiment that If a democrat is appoint he will resign. They seem to have an Idea this will make the governor and the republican party angry or at least hurt their feelings. Practically all of the time of the gov ernor Is now taken up with hearing ep plications for executive clemency. Three were heard yesterday and several more are set for hearing. Brash's Successor Not Selected. The State Board of Health has not yet selected a successor to Dr. George Brash of Beatrice, member of the board of sec retarles of the Board of Health, though several meetings were held for that pur pose last week. So far as heard from no ballots have yet been taken. At least one member of the board favors the selection of Dr. Mulrhead of Omaha, for the place, while Dr. Brash, himself, stands a good how to be reappointed. Insr.ne Asylum Needs. Superintendent Hay of the Insano asylum at Lincoln has recommended to Governor Sheldon that he request the legislature to appropriate J50.000 for the construction of a Building for men Rt the Institution. He also wants 11,000 with which to enclose a porch for the sleeping quarters for the patients afflicted with tuberculosis. The report shows that since the enact ment of the dipsomaniac law 700 patients have been treated at the Institution for the drink or drug habit. Dr. Hay believes much good has been accomplished by the treatment of dipsomaniacs and as they are kept separate from the Insano patients no harm results to them. In ths number of patients sent to the In stitution during the blennlum Douglas county takes the lead! of the fourteen counties here enumerated, with Lancaster a good second. Douglas county sent 111 men elxty-three being Insane and forty eight dipsomaniacs; fifty-two women, forty-nine insane and three dipsomaniacs, a total of 1S3. Lancaster sent ninety-eight men, fifty-eight Insane and forty dipso maniacs; forty-five insane women total, 13. Johnson, twenty men, four insane and sixteen dopesters; four Insane feminine patients total, twenty-four. Gage, twenty- two; thirteen Insane pd nine dipsomani acs, eight females,' six Insane and two dipsomaniacs total, 30. Cass, fifteen males, nine Insane and six dipsomaniacs; four In sane -femalestotal, nineteen. Dodge, thirty-two males, eight Insane and twenty four dipsomaniacs; ten females, eight In sane and one dipsomaniac total, forty-one. Pawnee, three males, two Insane and one dipsomaniac; two females listed as Insane total, five. Saunders, twenty males, fif teen insane and five dipsomaniacs; nine insane females total, twenty-nine. Sew ard, males, fifteen, ten Insane and five dipsomaniacs; two Insane females. Nem uha, seven males, four insane and three dipsomaniacs; two Insane females total, nine. Otoe, seven males, six insane and one dlpsomaniao total, nine. Saline, four teen males, six Insane and eight dlpsoma- (Continued on Second Page.) MISSION OF ORDER TO PURITY Elkdom Throwi Oat Life Preterm to Shipwrecked Brothers. SERVICES AT 0RPHEUM THEATER Exalted Rules John A. Rlne Presides and Carl R. Herrlasj Reads Eulogy Large Attendance Is There. In commemoration of the seventy-thiuj departed brothers, nine of whom died dur ing tho year, memorial services were held Sunday by Omaha lodge No, 89. Benevolent and Protective Order ot Elks. The services were held In the Orpheum theater, begin ning at 10:30 a. m. and continuing until 1 o'clock. Every seat on the lower floor was occu pied by a member of the order or a mem ber of an Elk's family, while the baloony and gallery seats were taken by the general public. Judge Sterling B, Toney of Denver deliv ered the memorial address. Judge Toney was formerly on the bench In Kentucky and Is the Judge made famous by Issuing the Injunctions in the celebrated Ooeble Taylor case. He Is a fine specimen of na tive Kentucklan and his silvery eloquence marks him as a natural southern orator of the old school. The judge closed his oration with these great lines from Bryant's "Thanatopsls," the spirt of which underlay his entire ad dress: So live that when thy summons comes to join the Innumerable caravan that moves to that mysterious realm where each shall take his chamber In the silent halls ot death, thou go not like the quarry slave at nigm, acourgea to ins dungeon, out, sus talned and soothed by an unfaltering trust, approach thy grave- like on that wraps the drapery of his couch about him and lies down to pleasant dreams. Not a Day ot Sorrow. Characterizing the holding of ths me morial services as a time-honored cuetor of the Elks to dedicate one day In tha yea as a "sacred anniversary upon which ws may offer the Incense of our homage to the memory of our departed brothers," the speaker declared the day to be not one of sorrow, but the opposite, for the departed brothers "are beckoning us to come to them on the golden shores of that mysteri ous realm, beyond the stars, from whose bourne no traveler returns." Giving something of the history of the order of the Elks, which sprang Into ex istence something over twenty-five, years ago. "full grown and panoplied at Its birth, like Minerva from the brain of Jove,", the .. speaker declared the order to have been in spired at Its birth by the purity of lofty principles and to have grown until today It extends the aegis of Its fraternal juris diction wherever the stars and stripes wave. . "Go where you may," said the speaker, "whether amid tha frocen snows of the north, over the purple billows of the east, beneath tho gorgeous sunlight of the west or along ths blooming vales of the sunny south, you will find a brother Elk to greet you and to cheer your heart with the as surance that, although you are In the land of the stranger, you are In the home of a friend." Mission of the Order. Judge Toney then gave a brief Insight Into tho mission of the Elks' organization and the lessons which It teaches, saying; "The mlPElon of the Benevolent and Pro tective Order of Elks Is to purify, to ennoble and to exalt the lives and charac ters of all of Us members, to drive the winter of adversity from tholr hearts and their homes, and to make them always I appy with the sunshine and flowers of fraternal love. Its mission is to guide the stumbling footsteps of erring brothers back Into the ways of pleasantness and Into, tho paths of peaoe. When the sky of Ufa hangs lew with clouds of disappointment Its mission Is to fringe those clouds with a rllver lining and to brighten the very night of despair by bringing out the stars of hope. "Its mission Is to throw life preservers. and to extend rescuing hands, to those ot our shipwrecked brothers floundfrlnvr cn life's storm-swept sea. "Its mission Is to twine garlands of ob livion over the tomb of burled animosities and forgiven and forgotten wrongs, and to turn all the hoarse murmuring of hu man discord Into the sweet melodies of fraternal Joy. "Its mission la to eliminate from the garden of the heart the bitter seeds of strife and the rank weeds of sorrow and o embroider all of Its verdant borders with sweet violets end blooming for-get-me-nots. "Its mission Is to broaden the emplra of justice, truth, chanty and benevolence, and to awaken In the sad heart of hu manity the Joyoua song of the meadow lark and to fill the uplifted soul of every brother Elk wltU the Inspiration of a cloudless morning In May. "Its mission is to preserve Inviolate, within the family circle of every Elk, an altar as pure and as stainless as any that was ever guarded by angels, the altar of 'Home, 'Sweet Home.' Duty and Destiny. "It teaches us tho Immortal principles of duty and of destiny. "It teaches us that the snowy heights of honor are far above the gold fields of commercialism. - "It teaches us that ths mission of man la to stand erect In the Image of Ills Maker, and to look up, to live snd to love. and not to look down, to dig and to hate. "It teaches us that character, honor and truth are a heritage more pieclous In value than all the stocks and bonds and bank deposits that were ever horded In the iron safety vaults of all the millionaires of the world. "It teaches us that life la a mystic river silently and serenely flowing on to the boundless ocean of eternity; that Its deep currents are fed by the fountain streams of the true, beautiful and gocd, and that we are drifting on IU placid bosom te the quiet harbor of eternal rest. "It teaches us that a life properly lived. Is not a tragedy of storms and tears, but a poem of love and melody, as vibrant as ths harp of Homer, and as fragrant as the flowers that bloom on ths borders of 'elloa's brook -that flows fast by the or acle of God.' "It Uaches us the religion Ot ne sect 1