The Omaha 1 Bee The Omaha dee a clean, reliable newspaper that U admitted to each and every heme. WEATHER FORECAST. For Nebraska Bain or snow. For Iowa Haln or snow. For weather report pajce 2. VOL. XXXIX NO. 14G. OMAHA, FRIDAY MOK-NINO, DECEMBER 24, 1909-TWELVE PAGES. SINGLE COPY TWO CENTS. -FORMAL NOTICE SENT TO MADMZ Dawson to Take Leading Place in Washington Daily NINE MEN KILLED IN COAL MINE Explosion of Gas Wrecks One Entry . of Colliery Near Herrin, William son County, Illinois. TWENTY PROBABLY ENTOMBED Four Bodies, Including that of Sur veyor Pierce, Are Recovered. FEAR THAT OTHERS ARE DEAD Secretary Knox Will Hold Zelaya'a Successor Responsible for Safety of Americans. CONSUL ASKED TO REPORT Council Bluffs Man, Specialist in Cen tral American Affairs, Arrives at the Capital. State Department Asks for Basis of Apprehension of Danger. 1IARCH ON MANAGUA NEXT Believed Estrada Will Begin Move ment to Take Capital. S0R20W TEMPERS THE ELATION niueflelds Hospital- Filled with Wounded and Nary lirironi Art Kept Hoar War on Madrls Government. WASHINGTON, Dee. 23 Secretary Knox has given formal notice to President Mad rli of Nicaragua that the United State government will hold him strictly account able for the safety of American citizens In the western aectlon of that country. Instructions to this effect were sent to the United States consul at Managua, with directions to Immediately Inform the Mana guan authorities of the attitude of this government,' and the consul was also di rected to report what basis there was for apprehension of trouble on ,the part of the American residents in that part of the country, and especially at Granada. A telegram was received at the State Department today from Admiral Kimball, In command of the United States war ves sels now In Corlnto harbor, stating that the commandant of the port of Corlnto had mad a call on board his flagship, but that the commandant was not saluted. Admiral Kimball also noted the arrival in that harbor of the Mexican gunboat General Ouerrera. The State Department Is In something r.f a quandary as to what has become of the mall army, approximating 1.000 men, be longing to the government forces, which at last accounts held possession of Orey town. This section of the army -as .i til recently commanded by General Toledo, who lately was reported as having arrived at Managua. The report received yester day from Captain Shipley of the Des Koines at Bluefields stated that the de feat and surrender of the Zelayan forces at Rama disposes of practically all armed resistance to Estrada on the east coast. Whether the Greytown contingent had pre viously Joined the Zelayan forces at Rama Is In doubt. If not, It la assumed that an other engagement at or hear ' Greytown inay be expected before Estrada's army takes up its march for Managua. ' See Victory for Estrada. Messages received at the State depart ment .today Indicate, a condition of excite ment throughout the' western portion of -Nicaragua... Zeloya seomn to have assumed direction of the military operations in that part of the state. . and In consequence a stubborn resistance to the expected xd vance of the revolutionary army Is looked for. Riots are reported at Masaya and Gran ada, whore the people have come in col lision with the military forces. American cltixuns at Granada are again calling for protection, but so far as can be learned the only provision so far made for them in the announcement that refugees con sidering themselves In danger will be re ceived on board the American warships In Corlnto harbor. The marines recently landed from the troopship Prairie have been sent from Colon to Base Obispo, a station on the Isthmian railroad about halt way to Tan am. This action lias been taken with a view to the marines being within easy call In case it is found necessary to send them to Corlnto. Officials here regard the recant over whelming victory of', tho revolutionary army at Kama as the beginning of the end of Zelaya, Madrlz and their faction as po tential forces In Nicaragua. The feeling here is general that the conquest of the western half of the country will be far more easily accomplished than was tha eastern and that within a month at the farthest It Is believed General Estrada will be president of Nicaragua- Will March on Managua. BLUEFIELDS, Nicaragua, Dee. 23. General Estrada, It is said today, will Im mediately assume the offensive against the government of President Madrls. The In surgent leader holds tnat the Zelaya ele ment was removed from consideration by the sweeping battle of Kama. The march on Managua is believed to be Imminent. The prisoners captured at Rama have been well fed and all who now espouse the cause of Estrada will be armed and enrolled In the ranks of the Insurgents. The details ot Estrada's further cam paign are not made known, but it Is understood his movement on Managua will be by way of Greytown, which he expects to fall with little show ot reslstence. The various groups of 'he enemy In the vicin ity of San Juan river, will be wiped out and the path to the Nicaraguan capital made along Lake Nicaragua. The exact number of dead. Injured and captured In the two days" fighting near Rama either la not determined or the facts are withheld. Today Bluefields realties what reek war means. The wounded fill the hospitals and dead llo In many homes. Funerals are being held In great numbers. Insurgent ela tion over the triumph that has placed Estrada In unquestioned possession of Ituma, Recreo and the strategic point of Tatumbla Hill.' aa well as the adjacent territory heretofore disputed, la tempered by the Borrow oi grlef-atrlcken homes. There Is less ot noisy rejoicing at the capital of tha provisional government, but tlie grim determination to overthrow the government of Managua has been strength ened by the sacrifices of the last two days. Generals Chamorro, Dlas and Matuty are popular heroes today. The American surgeons front the cruiser DeS Moines are giving splendid service lit th oar of tue woundtd. Marines Stilt on Prairie. COLON, Deo. XL The marines are still on board His Untied States auxiliary uu.wr Prairie, availing further orders. Fourteen Men allMlasc. SEATTLE. Deo. 23. Mystery veils the fi.to ot the faurten men composing the irew of the four-ntested schooner cSuoie M pjummer which Is drifting, abandoned, in tho ocean south of Cat Flattery, a uionac to navigation. It la aurpoed the crew was taken off by a passing vesatd. The I'lutimwr was carrying lumber from fcvrtl to CallfuruU. (From a ' respondent.) WASHING1 ? 3.-(Speclal Tele gram.) Thorn, c c son of Council Bluffs, retlrlnt . " Chile, who has been designate 3- '.heu division of Latin-American . the State de partment, arrlv family today from South Am 7 There Is strong 'i. In diplomatic circles that Mr. . ir -rival will be followed by an e V-'i- Jixatlon of a more definite pot. t government toward the sltuati, .. al America. The Central Ameil n situation Just now is in need of expert attention and Mr. Dawson Is expected very soon to appear as a leading figure In handling It. Pursuant to the general policy of re trenchment on the part of the Fpatofflce department, a number of rtar routes In the Sixth Nebraska district have had their schedules reduced. Congressman Kinkald Jiaa earnestly remonstrated against this policy and hos pointed out that the Sixth district Instead of being at a standstill in population Is Increasing at a rapid rate, and these reductions will work a hardship, and Instead the facilities should be In creased. In several Instances he has had the old schedules restored, the last one being from Chadron to Antelope, changed to three times a week. Victor Rosewater and daughter were In Washington today for a few hours, re turning to Baltimore this evening. Mr. Rosewater said his brother-in-law. though still very 111 In a Bnltlmore hospital, Is holding his own, and, If anything, shows Improvement. George Krug of Omaha, in charge of the western division of the Anheuser-Busch Brewing association. Is In Washington to spend the holidays with his daughter, Mrs. Brown. H. J. Bailey of Brookings. S. D., has been appointed assistant In the bureau of grain standardization In connection with the Agricultural department. C. E. Phelps has been appointed rural carrier, Eliza J. Phelps substitute, for route 1, at Indianola, la. Roy C. Spangler has been appointed postmaster at McLaughlin, Carson county. w. D., vice R. S. McLaughlin, resigned. Induce Mrs. Sncad to Kill Herself Evidence Indicates Sisters Inter cepted Letters and Told Her Husband Was Dead. . NEW YORK. De. . Although Mr. Caroline B. Martin.. mother of Ocey Snead, has been indicted with her tWo sisters for the murder of the East Orange' bath tub victim, the New Jersey authorities have not yet obtained possession of Mrs. Mar tin and she ts determined not to be. taken from New. York state without a fight. Tt-day her attorney. Colonel Robert J. Halre, announced that he would at onoi take steps fofr bringing habeas corpus pro ceedings to test the strength of the case against his client. Some of the evidence which was pre sented to the grand Jury in support of the charge that a plot existed against Mis. Snead became known today. An Important point was made In the presentation of documentary and other evidence to show that letters written by Mrs. Snead to her absent husband, Fletcher -Snead, were un mailcd, and that his letters to her were Intercepted. Meanwhile, It was alleged, the sick woman was told that her husband was dead and that she had nothing to live for. Big Fight for McLaurin's Scat Half a Dozen Aspirants Appear for Mississippi Senatorship No State Funeral. JACKSON, Miss., Dec. 23.-The death of United States Senator McLaurln occurlng within ten days of the biennial legislative session, gives promise of the most spirited political struggle In the history of the commonwealth. The legislature must elect an Incumbent for the unexpired term of three years and three months. Indications are that the names of a half dozen aspirants will be presented including ex-Governor J. K.-" Vaj daman, and Chief Justloe A. H. Whitfield of the supreme court. NEW 0RLEANSJT0 HAVE SHOW Will Celebrate Opening- of Canal and Ana:rcrsarr of City's Fosadlag,- NEW ORLEANS, Dec. 23.-An exposition will be held In New Orleans to celebrate the opening of the Panama canal and In cidentally the two hundredth anniversary of the founding of the city. Today plans were announced for a meeting of. all the commercial bodies of the city In the near future to work out details. Mystery and Glamour Lifted from Tiburon NOGALES. Aril., Deo. 21 The mystery and glamor ' surrounding Tiburon Island, Gulf of California, has been dissipated ef fectually through th return yesterday of seven American explorers, who had passed threugh Nogales on October 13 on their way to explore th Island, which they sup posed to b Inhabited by man-eating Serl Indians and to contain hldde'n' treasures and rich Ailneral deposits. Tne party was under the leadership of Prof. Fayette A. Jones. , At Ouaymaa th explorers bought a boat, provisioned It tor a thre months' stay, and proceeded up th gulf, landing at Keno bay on the mainland. Here tbey were Vlaltod by twenty Serls, men and women, who proved friendly and who Informed Twenty-Five Men Supposed to Be at Work When Explosion Occurred. FIREMEN RUSHED TO SCENE No Slarns of Fire Hare Been Dlncov. ere and It Is Hoped that Con flagration Will Not Add to Horror. MARION. III., Dec. 23.-Nine men are known to have been killed a score or more ore thought to be entombed aa the result of an explosion In Squirrel Ridge mine No. 4, near Herrin, this county, late today. Parties of rescuers are at work and exact details of the disaster will not be learned until they have reported. Four bodies he.ve been recovered. These Include the corpses of .W. C. Pierce, mine surveyor: Writer Rutledge and two un identified Italians. Gravest fears aro expressed for the fate of other workers In the mine. So far as can be learned, the explosion was confined to one entry. A hasty poll of the mine em ployes has accounted fornearly all of the members of the working force. About twenty-five men are said, to have been at work In the entry where' the ac cident occurred. It Is not known whether the force of the explosion reached the workmen. Aid was immediately summoned from Herrin and the fire department of that town was sent to the mine. No signs of fire were discovered several hours after the accident and It is hoped that a con flagration below ground will not be added to the difficulties of the rescuing parties. Efforts to get Into direct communication with the mine have met with little suc cess. Mark Twain Says tie's Not Dying "Charge is Not True; I'm Behaving as Good as I Can," He Asserts. - . REDDING, Conn., Dec. 23.-Mark Twain today" gave out th fdllowjbg statemen': as a result of various reports concerning his condition of health following his recent return from Bermuda: , "I hear the newspapers say I am dying. The charge Is not true. I would not du suoh a thing at my time of life. ' I am behaving as good as I can. Merry Christ mas to everybody." SMALL FORTUNE FOUND IN SERVANT'S TRUNK Miss Margaret Sullivan, Who Spent Life Working; In Kansas City Hotel, Leaves B,000. KANSAS CITY, Dec. 23.-In the trunk of Miss Margaret Sullivan, who died here recently after having worked as a servant In a downtown hotel for twenty-seven years, more than $6,000 was found today. The woman was thought to be penniless. She died at the age of 66 years. When Colonel Kersey Coatee, an old time hotel man here, died, several years ago, he left Miss Sullivan, who had worked for him, 11,000. She placed this amouiu and her other savings in a bank. It failed and her frlonds supposed she had lost all of her money. But with the opening ol the trunk came the discovery of a certi ficate of deposit of J3.000, of another show ing Miss Sullivan had an account beside? ner uniortunate one. About J2.000 In currency was secreted lt one corner of the trunk. During her entire life the woman nevei took a vacation. The money will prob ably go to Miss M. Sullivan of Ogdeiis- burg, N. Y., and to Mrs. C. R. Helblng of Grand Crossing, Chicago, stBters of the woman. WU ASKS MANY QUESTIONS ABOUT NEW TRAIN TUNNELS Retiring: Chinese Minister Visits Latest Engineering Feat in New York. NEW YORK. Dec. 21 Wu Ting-fang, the retiring Chinese minister to tho United States, came to New York today expressly to Inspect the passenger train tunnels unde. the Hudson river which connect Manhat tan with the various railroad terminals on tho Jersey side. Dr. Wu displayed his well known pro pensity for asking questions end when the tour was finished a member of the party PBid: "Dr. Wu has the man from Missouri looking life a deaf and dumb man when It comes to a matter of 'show me." M thm that there was nothing at value on the Island. However, they crossed to the Island, established a permanent camp and for five weeks prosecuted their explora tions, finding no Indication of any thing of value or of great Interest Tho island ts twenty miles wide and thirty-five miles long and la of volcanic origin. Good grass abounds and there Is some running water. It contains no human beings, but hundred of deer and myriads of wild pigoons. Inscriptions wer found proving th visit there In VMS of a rescue party In search of traces of th Orlndell exploring xpedtilon, lost th year before. During the party's stay th Island was visited by former Congressman Conn of Indiana, who is making a pleasure cruise In his private yacht Comfort Another From the Denver Republican. KING ALBERT 1 ON MONE New Belgian Ruler Greeted with Cheers by Subjects; PAYS HIGH TRIBUTE TO LEOPOLD Say Royal Uncle Performed Bis Work for Enrichment of Nation, but Declares for Humanity - and Frg:ress. BRUSSELS, . Dec. 3.-Another young monarch was addea ti kiie reigning sor crlgns of Europe today hen Albert I a scended the throne- of Belgium. The of ficial ceremony was ,brilliant and the pop ular acclaim genuine. Yesterday all Bel glum mourned. Today everywhere there was merry-making and Joyous cries filled the air. ' The scene In the House of Parliament, where .the oath to the throne was taken, was Impressive with Its setting of royalty. Here ' the new monarch made an address destined, by its democratic tone and une quivocal expressions on the great question of the Belgium Congo, to attract the at tention of the world. Colonization should mean civilization, said the king. The nation desired a policy of humanity and progress In the Congo and no one had a right to doubt her prom ise that such a policy would be main tained. At daybreak the streets were again crowded with thousands who sought po sitions from which they might view the entry to the capital of -Albert and Eliza beth. Windows, baleonies and roofs were filled and standing room on wagons, tables, chairs and ladders was sold by enterpris ing speculators at extravagant prices. Preceded by Queen Elizabeth and the two little princes, Leopold and Chase, Who occupied the royal coach, Albert made a 'Joyous entry" to the city. Thfc Uing was mounted on a spirited charger and made a striking picture In the gold and white uni form of a general. He repeatedly ac knowledged the plaudits of the people and smiled as a shower of flowers- fell upon the queen's coach. King: and Qaeen Applauded. The arrival of the queen at the Hall of Deputies was the signal for an outburst of applause, while the demonstration that followed In honor of the king continued for many minutes. A feeble attempt of the socialists to raise counter cries were drowned In shouts of "long live the king." Standing before the assemblage 'of bril liantly uniformed princes and foreign repre sentatives, bishops and senators, Albert in another setting, would have passed read ily for a young college professor addressing his class. In an agreoab'e voice and speaking de liberately th new monarch pledged him self to work for the social advancement of the nation and the elevation of tho mora! ?nd Intellectual standard of the people. He would seek, he said, to develop the system it popular education nnd labor unceasingly1 for the, general wellbelng of the masses. He paid a high tribute to Leopold II and the latter's policy in opening the Congo to Belgian activity. He outlined a program of humanity and progress and was greeted with a storm of applause as he declared probably that Belgium had always kept Its promises and no one had a right to doubt Its word. Later In the day the king received the addresses of Parliament. Intimates of the king Informed the Associated Press today (Continued on Second Page.) Today is the last chance to buy Xmas presents. 'Under the head of "Christ mas Hints," on the first want nd page, are a lot of sugges tions that will help the late shopper. Some of the things are quite out of the ordinary. Have you read the want ads yet today; Financial "Twister" Strikes All Efforts to End Deadlock at Butler, Mo., Fail Convention to Nominate Successor to De Armond Takes 484 Ballots -Without Result. BUTLER, Mo., Dec. 23. Determined ef forts to break the deadlock In th Sixth district democratic convention called' to nominate a successor, to .the-Jat ..Congress man De Armond met with, failure today. Three sessions were held and after the forty-eighth ballot, the situation was-substantially the same. The convention asked the four candidates to present their ideas about the best way to break the deadlock. Suddarth, Hargus and Newman agreed to release their dele gates from their pledges If tho other can didate would do the same. Dickinson re fused to agree to this proposition, urging the delegates were responsible to their counties and not to him. A motion was then made that the can didates meet In conference, but no action was taken after a spirited discussion. None of the delegates appear to know the chances for a break, and no dark horse has been suggested. I Half Million for Indianapolis Parks Codicil to Rhodius Will Cuts Off Dare Woman and Provides for Family. INDIANAPOLIS, Dec. 23. A codicil to the will of George Rhodius, filed for .pro bate today, leaves the residue of his es tate, or about trflO.OOO to be applied to Im provement of the parks In Indianapolis. The original will gives only S50.000 to the womaji knowm as Elma Dare, who has appealed to the Indiana supreme court the annulment of her marriage to b'lm. The codicil to the will cuts Elma Dare off without any share of the estate. Num erous relatives and friends are provided for and the rest of the fortune Is to go to certain charities and to the park system. ROBBERS BLOW KANSAS BANK Secure Fifteen Hundred Dollars from Safe and Battle with Presi dent Follows. MOUND CITY, Kan., D?c. 23.-R-bbers early today blew open the safe of the State Bank of Centervllle, near here, and escaped with $l,CO0. . One of the robbers, the last to leave the building, was fired upon by C. H. Brown, president of the bank. The robber returned the fire and after a lively fusillade of shots drove Brown to cover and escaped. Neither was woundtd. The Interior of the bank was wrecked. Dr. Cook Murdered Abroad, is .Belief of His Brother NEW YORK, Dee. 23.-WllIlam L. Cook said today he believed that his brother, Dr. Frederick A. Cook, had met foul play abroad. "I had a letter from Dr. Cook early this week," said the brother, "In which he said he was hurrying to Copenhagen with his proofs of having found the North polo. He should have reached Copenhagen be fore this and as he had been threatened with violence I fear his enemies have over taken hln" Th report of the special committee which Investigated Dr.' Frederick A. Cook's claims to having reached th summit of Mount McKlnley will be delivered to the board of governors of the explorers' club tomorrow. While the Investigators will not divulge the text of th report they do not deny that It discredits Dr. Cook's claims. WASHINGTON, Dee. -The report of :bo L'ulventlty of Copenhagen adverse to Oklahoma. EXCHANGE OF PROPOSITIONS Twin City Switchmen and Railroad Officials Hold Long Conference. NO AGREEMENT IS REACHED Adjournment Is Taken I'ntll Ten O'clock This Mornlnir Butte Men Forced Oat by Local Unions.. ST. PAUL, Minn., Dec IX At A -confidence today In the office of Governor Eber bart, whfch was attended by all of the representatives of the railway council of the American Federation of Labor, repre sentatives of all the Twin City lines ef fected by the present switchmen's strike. Governor Eberhart, his secretary, Ralph' W. Wheelock, members of the state rail way commission and Labor Commissioner W. B. McEwen propositions were made both by the railroads and the switchmen looking toward a settlement of the strike. No agreement was reached at the confer ence, which lasted until 6 o'clock, and It was Agreed to meet again at 10 o'clock to morrow morning and continue negotiations. The railroads' proposition, briefly. Is to agree to employ as many of their former employes as they have room for, undor th present agreement, until the termination of the conference now going on between the switchmen and the railroads In tho Chicago district, when the Twin City roads will agree to meet any additions in pay or working conditions granted the Chicago switchmen by the Chicago lines. In their counter proposition the switch men agree to arbitrate under the arbitra tion act of 1898, hut Insist that separate negotiations be conducted with the Twin Ity lines here In the St. Paul. Proposition of Railroads. The proposition of the railroads to Gov ernor Eberhart is as follows: A conference between representatives of the railways in the Chicago dlstriot, and representatives of their switchmen Is now in progress for the purpose of determining a scale of wages and the establishment of working conditions for that district. The rates of wages in the Chicago dis trict and in the Minnesota cities for Bwitchmen have been Identical and the working conditions similar. The representatives of the Twin City lines in conference, this date, have con firmed, by majority vote, the report to your excellenoy, that these roads repre sented, will agree to re-employ such of their former, yard employes as the roads may have places for, at the rates of pay and under the working conditions In effect November 1, 1909, and that at the termina tion of the Chicago conference the lines here represented will meet any additions in rates of pay or working conditions that may be granted by the Chicago lines to their switchmen and that as heretofore announced, the differently of 2 cents per hour In the wages of switchmen will apply In the territory of Billings and west on tho Northern Pacific railway, and In the territory of Havre and west on the Great Northern railway. Offer from ttwltchmen. Thrt KlvllAkmB-. . .. tuuiiicr proposition Is as follows: For the employes, we are aware that con- (Continued on Second , Page.) in cimnia of Dr. Frederick A. Cook as tu . iuiainu,ut ot l,.e isorui pow u no., u ' l tuuui. ior tue guiU.iuu. iue b.iiiiiu: iiivesu,.ui-s o m uu. ..ei o. A cablegram was received today fioj. u. Un.vei.uy by rrut. itoomu Uu,. wia.,1 .ii ot liiu uu-comiuiu uppoiuieu Uie Nuiioiioi Uuofcmpulc sv-ciuw- iy conuuet Uiu iiiveatiiiuLwii unuer tue u p.ces of mat orgmnx.tion, aiuouuv.n tu tne univeraiiy, had forwarded Us npoit to the society. ' . That, report will be considered by ' the sub-committee, but on the submission of the original observations of Dr. Cook, the field not book which he kept on hU Arctic travel, will, he says, hinge on the verdict of tha subcommittee. Th meeting of the sub-committee will be held probably during the first week in January. DUNN ON KNEES BEFORE COURT Omaha Lawyer, Disbarred for Con tempt, Comes Off High Horse and Begs for Mercy. RESTORED TO PRACTICE OF LAW Judges Refuse to Listen to Him Until He Apologizes. RIGHT , TO DISBAR AFFIRMED Following This, He Decides to Eat His Humble fie. CHRISTMAS GIFT FROM BENCH Attorney Connrll Parrs Way for ills Ilea uprara ace Before Bar Makes Amends for His , Conduct. (From a Staff Correspondent.) LINCOLN, Dec. 23.-(Speclal Telegram.) I. J. Dunn, disbarred from the practice ol law In all state courts a month ago by tha supreme court for Contemptuous conduct, came off his high horse this afternoon, apollglzed to the court, and was reinstated In his profession. Ho speared at the state capital with the Intention of making a statement to the Judges. His attorney, VV. J. Connoll, aaked tho Judges that Dunn be permitted to appear before them when the court In formed Mr. Connell that an opinion had already been given on the contention he had raised, that the court had acted lit violation of the constitution by disbarring him without a hearing. In this respect the Judges held that their action In disbarring Dunn for his attitude toward the court and his criticism of Judge Rose in a brief in the case of Robinson against the city of Omaha was within the law. Mr. Dunn perused th opinion and later Attorney Connell, when the court was at leisure, asked that Dunn be allowed (o appear before the court an dapologlxe. Dunn Takes Kedlcln. Mr. Dunn thereupon advanced before the court and orally expressed Ills regret for tne action he had trfken and expressed himself as willing to comply with the court's regulation. t The Judges then or dered Mr. Dunn's statement reduced to writing and filed as part of the decord, which was done. ' Following a consultation of the Judges In their chambers, an ordier v'aa then given restoring Mr. Dunn to th rights of a practicing attorney, Mr. Dunn Is one of the attorneys for tho city of Omaha in th suit Involving an old gas lighting contract which is being argued on appeal. When the case was called this af ternoon W. J. Connell, appearing for Dunn, rose and said before the case proceeded Mr. Dunn would like to, m&k a statenient. ' Chief Justice Reese, speaking: - for tho court, said the court had Just handed down an opinion In th Dunn case, and probably Mr. Dunn would like to read It before he made a statement. Mr. Dunn went to the clerk's office and secured a copy of the' opinion, which he read. It held the court had a right to disbar Dunn and re affirmed the position the court took In the contempt case. Judge Dean dissented. By tne time Mr. Dunn had the document read Will Herdman, for the gas company, was making an argument to tho court and proceedings In the Dunn case wer delayed for a time. llit Attoloary. The apology together with the order of the court follow: "In the supreme court , of the state of Nebraska, Anna J. Robinson, appellant, against the city of Omaha, appellunt. No. 15037, retraction and apology. "In re-citatlon of I. J. Dunn for con tempt. And now comes I. S. Dunn and In ac cordance with, his written ' statements heretofore mude and filed herein and in accordance with his declared purpose made in open court before he had knowl edge of the rendition r filing of the opinion of the court and as already orally done In open court, liereby In writing withdraws all statements in his brief filed herein which havg been referred to, or considered by the court as contemptu ous or objectionable and liereby makes makes full and nuquallfled apology for having written or filed said statements. "December 23, 1909." ''By the court: And now on this 23d day of Decembor, 1909, th respondent having made ample oral apology In open court for the statements contained In the brief and on which our order of sus pension herein was founded, end he hav ing filed the foregoinggg written declar ation of apology, ' "The court accepts the same as satis factory and the respondent, I. J. Dunn, is hereby restored to all ' Ms rights aa such attorney and counselor at law. "CostB taxed to respondent." POWER TO SELLFRIAR LANDS Attorney General Wlckersham Gives Opinion No Limit on am ber of Acres, WASHINGTON, Dec. 23.-Attomey Gen eral Wlckersham hna rendered an opinion for the War department to the effect that to sell the Friar lands In th Philippine In any number of acres desirable, not withstanding the organlo act of the Phil ippine government, which limited the sal of the tinapportloned publlo lands obtained by treaty with Spain to forty adrrs. In developing the sugar Industry of th Islands individuals desired to purchase tha 55,000 acres contained in the Ban Jos es tate on the island of Mlndoro, whlob was purchased from the Recoleteo friars by th United Stoles and which nas never been occupied. It was argued that to attempt to sell this land In forty-acre tracts would defeat tho proposed use of the land. This condition does not modify th law providing that every corporation engag ing In agriculture shall not hold mor than 2,600 acre. It Is said the sugar trust Is the protective purchaser of the land. EVIDENCE STOLEN FROM JAIL Wason Load of Llanos- Seised l Raid on Modal Club Dls appears. GALENA, Kan.. Deo. 2J.-A wagon load of beer, whisky and other liquors which waa seised in a raid on a social club her yesterday afternoon was stolen from th city Jail last night. The liquor had been locked up and was to hav beau u4 a evidence