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PEAMNOT OFUEAWMJEAL Elevator Company's Relations with U. P, Railroad Within Statutes. ARRANGEMENT NOT tJOOD THO, DECLARED KNAPP Review of Former Investigation Shows Nature of Impend- ing Probe. By W. W. Jermane. Washington, July 30.It will be a matter of interest to grain men in tne northwest to know just what the lnter gtate commerce commission is to inves tigate in the matter of the Union Pa cific Kailroad company and the Peavey Elevator company, an investigation which has been determined upon on the petition of three of the competing lines in the Union Pacific's territorythe Chicago Great Western* the Burlington and the Santa Fe. The same subject-matter has been considered heretofore by the commis sion and a decision was rendered in July, 1905, in favor of the Union pa cific and the Peavey companies, .^hair- man Knapp wrote the opinion, in the beginning of which he says that the commission, acting upon information in the nature of informal complaint, in stituted the inquiry on its own motion to ascertain the facts respecting allow ances by the defendant company to the owners of certain elevators and to de termine Whether, as is. claimed, tnese allowances are in violation olaw. The agreement between the union Pacific and the Peavey company was executed under date of Feb. 7, 18yy, the contracting parties being ran* JOL. Peavey of Minneapolis and the rail road company. Its provisions a*e some what elaborate, but those materialJo the controversy are, briefly, as follows. Land Deal Involved, The railroad company agreed to con vey to Peavey a certain tract of land in Council Bluffs, containing about,90,- 000 square. feet, and additionatl land S adioining Dthi8*"tracanwhich railroad company was to grain t?an S 8 -^th 1 migh be needed to enlarge the elevatoi- buUd- injr which Peavey was to construct,: Ihe 7f^f- room and maintain a system of switches and sidetracks in connection With the elevator was to deliver to the elevator all grain originating on^its lines, and transported thereover whichR mightbe po^d thru the elevatoir^a transfer chargV not exceeding IV* cen a hundred pounds during the first ten years of the contract, and not exceed ing 1 cent a hundred pounds thereafter, but at no time more t^ th fl charge customarily made business ^.similar points.- fpceive from and deliver to SieltinrSIds at Council Bluffs cars for loading, unloading or transfer of grain at the elevators as cheaply as rt 0 cars for similar Ptoses at other elevators in Omaha and Council Bluffs. Similar Case at Kansas City. --Under this ^nU^tVe^ey^reiAeA. Vctacity & of ljSS&0 *Z& v^e^t^lnVocess of construct on Peavey assigned the contract to the Omaha Elevator company, lnis in- vSved no substantial change ri: owner hiT however, as a controlling inter ^ffiVtt? etavator company has always been owned by r^Vtwrh :Snk F. H. Peavey & Co., of icS H. Peavey was the senior P *IfranK, rtw other words, according to Judge Knapp's decision, the firm is the vir tual owner of the elevator and the beneficiary of the contract with the Union Pacific. A similar situation exists at Kansas City, where a similar contract was made with Peavey. The elevator there is operated by the Midland Elevator company, a corporation whose W^i stock is substantially all owned by the individual members of the Peavey firm. The decision states that F. H. pea vey & Co. appear to have some 45U country elevators in Minnesota, the Da kotas, "Iowa, Nebraska and Kansas, be sides elevators at Couneil Bluffs, Kan sas City, Duluth, Minneapolis and Chi cago and their business is extensive in the states named and elsewhere. They are also large buyers of grain upon the Union Pacific system. So much of the grain thus bought as is consigned to Omaha or Council Bluffs, that is to the Omaha Elevator company, is bought in the name of that company that which is consigned to Kansas City appears to be bought in the name of the Midland Elevator company. "Amounts to a Rebate." The decision then states that, in view of these and other related facts, the charge is made that the arrangement is preferential and unlawful. This charge is based upon the claim that the^ con tract price for transferring gram is exorbittant and unreasonable, that it is much greater than the necessary cost of performing the service and that, therefore, it has the direct but actual effect of a prohibited concession to Peavey & Co., because they are the shippers of the grain thus transferred at a profit thru their own elevators. In the language of one of the briefs submitted to the commission "the al lowance of a cent and a quarter per hundred pounds, paid to the said ele I vator companies for transferring their own grain, amounts to a rebate, be cause it so much reduces the thru pub lished rate, in favor of said elevator .companies, but not in favor of other Shippers.'' In this same brief it is also said that -''if the allowance be permitted to stand the other railroads the compet itive territory must necessarily meet it in dealing with their patrons, or 11 suffer their patrons and themselves to '--^.ibe placed at a constant disadvantage, i^CwAth the tendency of creating in that territory a grain-buying monopoly in favor of the Peavey elevators and a grain haul monopoly in favor of tne Union Pacific railroad company." [l The commission took the contract -and the various allegations stated .*.''above under consideration, and the con- ^V tclusion reached.was that the arrange Continued on 2d Page, 2d Colnmn. ju7 4 y^-fi Hull, Birdcall and Other Congress- men Prge a &*&! "Square Deal/' Si Trumped-up Contests Expected to Be Ruled Out and Cummins Men Seated. will follow their lead. tr o-.-_,* Similar -i The railroad company also boundI it self to provide for the Peavey elevator eaual privileges and advantages to {Sort Ranted any other ^tflg or thereafter served by it .at P*&*! or Council Bluffs, and to switch, free oi charge, all cars, loaded or empty,, to and feom'the. elevator, bgwWTPJgJ. on its road within ten miles of Omaha, PROGRA I N IOWA HANGS I N BALANC E V',J?J Special to The Journal. Des Moines. Iowa, July 30.With supreme indifference the supporters, of Governor Cummins are today waiting, for J. W. Biythe to decide whether he will attempt to kidnap the state in vention on Wednesday for Mr. Tter kins. A 1:30 p.m. today the st:)te committee met to act on a request from the Perkins management that a tem porary rollcall be made up, after as full a hearing as possible of all con tests. When that committee votes on what is known as the "fake" contests, it will be disclosed what is the decision of Mr. Biythe.. If the opinion of the most expert observers, those close to the governor as well as those occupying a more unbiased attitude, may be relied upon, if Mr. Biythe is not willing to take more risks than he ever before as sumed, then the prediction heard this morning from many sources, that the state committee will not carry out the original Hunter program of throwing out Cummins delegates on "fake" eon. tests and giving Perkins control of the .convention, will be verified. What It Will Probably Do. Nobody is willing to make an abso lute prediction as to what the state committee will do, for the reason that nobody knows, except perhaps Mr. Biythe, and he is. not in the habit of making announcements. But the prob ability is that the state committee will act as follows: Seat the Perkins dele gations from Wapello, Jefferson and Jasper counties, where all admit there are proper contests, and seat the Cum mins delegations from all counties where so-called "fakes" were Jasti tuted. In support of this, prediction is the fact first that Congressmen Hull and Birdsall are on the ground, urging a real square deal, which means the abandonment of trumped-up contests. Other members of congress, it is Baid, IPrcin Sioux City comes the word that Congressman Hubbard believes he has succeeded in diyidinjr the delegation from Perkins' own county on the ques tion of dealing with the "bogus con tests. Besides, some leading standpat ters are against it, notably W. W. Mor row of Afton, candidate for state treasurer.. Biythe Sees the Point, But what will appeal to, Mr. B^fthe more than anything else .is^thiarr Frjbi the highest-authority .it ik stated that -1'.'.- -^,.'"',,.''.j v..^--"-^""": Oontinned n 2d Page, "8d Column. Indiana Pioneer Remembers Inva sion of Russia When She Saw French Emperor. La Porte, Ind., July 30.Mrs. Fer dinand Kees, the oldest woman in In diana and perhaps in the United States, died here today, aged 112 years. Ac cording to documents in her possession she was born in Volgravitz, Poland.in 1794, and after marrying and burying two husbands in Poland, came to Amer ica in 1870,: settling at Buffalo, N. Y where she married Ferdinand Rees. Later Mr. and Mrs. Rees removed to La Porte. Her husband died two years ago. In 1812, when Napoleon and an army of 700,000 invaded Russia, she saw the French emperor. On her deathbed she recalled vividly the circumstances of his visit to Volgravitz, which he devastated. She among otherr escaped by fleeing into the woods. She at tributed her long life to her simple method of living, eating two meals of corn bread and black coffee daily. She leaves some property, but there are no known heirs. FATAL PANIC IN WARSAW CHURCH Shooting Causes Rush to Ferry boat, Which Sinks, Drown ing Five. Warsaw, July 30.While the church of Wilanow, a'suburb of Warsaw, was filled with worshipers today an un known person outside began firing rapidly with a revolver. A panic fol lowed^ the church service was broken up and the congregation, in an effort to escape, crowded on board a ferry boat, which sank, drowning five per sons. The affair indicates the nervous ness of the people. No day passes -without tragic occur rences. -In the city park last Saturday evening a manured into a crowd kill ing one man and wounding four. MORTALLY WOUNDED IN DUEL WITH POLIGE TJrbana, HL, July 30.In a desper ate running--fight with the police offi cers early today "Bill" Williams, a negro was mortall wounded after keeping the. officers at bay.all day yes terday. He had a shotgun and de clared he would shoot any man that approached his. house.. When. ,he came from the house today one of the watch ers put a bullet thru his bowels, but he slightly -wounded an officer before he was shot. .-,,^V bBAilD VIZIEK DISMISSED. Teheran, Persia, July 30.-rThe grand rider, whose ultrK-reactionlsni made hie 11OWASTANDPATLEADEB JOSEPH W. BLY.THE. Whose Dictum -Will Be Potential Iowa Q.,0. P. Fight.. POPE ISSUES LETTER AGAINST SOCIALISTS Home, July 30.A papal encyclical against Christian socialists, Italian and foreign, is expected to be issued to night. It is understood that it will deal also, with the situation of relfc ious affairs in France, growing out of the separation of church and state.: REVOLT URGED IN St. Petersburg, July 80.The full text of the appeal to the army and navy, adopted July 27 by the radical group of the outlawed parliament, in conjunction with the central commit tees of the proletariat organizations^^-ix is as follows V" Soldiers and^sa?lors: The government has ,v by imperial command dissolved parliament, and troops have been assembled from all sides to oppress the people by armed force. The people ?s representatives were elect or from among your fathers and broth ers in order to lay before the emperor the needs of the people and to. obtain land and liberty. "But the emperor would not listen to the elected of the people, he barkened to his former councillors, the errand dukes, ministers, generals and the wealthiest of the landowners, who did not want to giv up their lands, their properties, their emoluments (amount ing to many thousands of roubles) and their irresponsible power. "Russian is now divided into two parts. On one side is the vast majority all the peasants and workmen, all the poor and oppressed, the best educated -WWWWMMBBBJBWOiS^^ W rery ular naa been dismissed, granting ot reforms. opposennpop the 1 ^5^" &Jirsia^^* Kt* m CONFESSESHESLEW Negro Farmhand, Balked in'At tempt to Assault t/bild, Murder#Three. House Set Afire to Hide Crime Efforts to Lynch the I." Negro. W- TT" Canbnsburg, Pf.,^July 30.Coroner W. H. Sipe and Qpnstable John J. Mil ler of' Canonsburg drove jrito town .at 7:30 a.ni. today vHih Elmer Dempster,1 a ld-year-old negpbv who had been ar rested for the murder of jMrs. Samuel Pearce and two childretneveninge ing of ai smd th shoot- third child las Demp ster was. taken to.the Washington coun ty jail at ^Washington, Pai.' leaving here'. on a trolley car.' While no blood, stains were found, on the prisoner, suspicion fii^st rested on him last night when it 'was learned that he was the last person seen about the house before the tragedy. Confesses in Sweafcbox. Dempster was a helper 6n the Pearce farm and after the departure of Sam uel Pearce with his sister, Miss Fanny Pearce, for the Canonsburg .railway station, Dempster is said to have been at the scene of the tragedy looking after the stock. He was taken from his bed at 2 a.m. today and put thru a process of sweat ing, which, -it is alleged, lasted until daylight, when, it is said, he made a complete confession.- The only thing missing from the Dempster home are $12 and a few cents and the revolver "amth which Mrs. Pearce and her two children were mur-, uered. 1 i Robert Pearce, years old, the only survivor of the awful tragedy, who was shot thru the brfdy, will be brought to Continued on 2d Page, 3d Column. Revolutionists of Chiftee^^rKairient Make Stirring Plefl tat Army and N/foy to Resist and the most enlightened eitl*ensr the soldiers who see the most clearly, the best officers and all the martyrs in the jails including many thousand of sol diers and sailors. On the other side is a collection of oppressors suefc as Tm .pqff, Pobiedonostseffp(*d tfta Manehuf r|an general wKa $*,u ,away from the Japanese but vmo-flieda-on the people at Moscow and'Odessa, the-petty gov ernment officials, the police spies and the whole .Black Tjundred, and these rely on your strength to beat down-the whole Russian people. Will Tou Shoot the People? "Will you shoot the people, shed the blood of the people, and transfix the people's breasts wi'' "Remember that lie' breasts with bayonets? rou are the chil dren of peasants that you are the Children of the Russian people, and that at the same time in the villages, where you were born, your iown brothers, who are remaining home, are also agitating, are-also demanding land and liberty, and the government is sending other troops to shoot and beat them. "Why will you defend the govern ment? WWMM MWMWMMHIIMWW. IIMM..M ,jfm#%&: KING ED'AKD'S COMING, DON'CHER KNOW? *i SUCCEEDS BIS FATHER CHARLES F. GATES. '-rr Son of John W. Gates, "the plunfler," who,. It Is reported."la oon to take over his father's bualneM Interests, the latter to retire. With the elder Gates now In the limelight by virtue ef over*i vast projects It Is reported he engineering, the load on the son's ehoulders will be enormous. Young Gates Is capable, says his friends. He has been trained carefully by his fsther." 'i--- "Do you yourselves live so well? "Are not you yourselves in a state of servitude? _.. "You are in- a worse state of^ppn dage than, all the others..... You are given slavish employment as officers' geryants yon are^tormen^d.in dis|iip-, linefbattaUons for every free word youLare sent to hard labor or shot. We, the represeatativ of the peo ple, wished td' promulgate laws pro^ vlding for a reduction of the term_6f military service to two years, the abo lition of the soldiers' employment as servants, for the* payment of a monthly wage to soldiers and the effective pre vention of all insults to the rank and file by those placed over them. We wished to improve the lot of the sol diers, but the great aim before us was to improve the lot of the whole work ing population. "To prevent all this the government hastened to dissolve parliament. '..="tflrged to Diaobeyv "Soldiers and sailors: We, the',le- gally elected representatives of the peasants and workingmen, declare ^to Continued on 2d Page, 5th Column^. Defective TWO ABE HELD AS FOURTffBURGLIRS Prisoners in Eookford, 111., Ac cused of Looting Minneapolis Offioe Buildings. ait Y, '^b^ DAUGHTE OF DIETZ FOUGH LIK E A fVET George Evorett and Edward "Williams, charged by the Minneapolis police with the "Pourth-of-July burglaries in the Northwestern and Railroad .buildings, have been arrested in Rockford, 111., and may face trial in Minneapolis for the sensational' holiday raid on office safes and vaults. The men were ar rested in Rockford-SatuTday, and they will be prosecuted in the Illinois .city for .the theft of $800 worth of jewelry, found on their persons and stolen from a jeweler's safe in Rockford. On the night of July 4 the North western building, on Hennepin avenue, and the Railroad' building, Nicollet avenue and Third street, Were visited byi}exbert5,safebreakers, who, taking ad iva^tafje- oiC' til' celebration, of the n.a- tional,holiday, visited a dozen or more offices, ransacking desks and forcing safes and vaults. Desks were onened with hammers and bars, while chisels -were by the burglars in. opening safes.usen Id the Railroad building Uttle booty was found but the thieves met with better success in the Northwest ern building, G. W. Thompson and the Smyth Jewelry company being the victims. Since the burglaries the Minneapolis police, have been on the# trail of two m'on answering the descriptions of the two sa.febreakers arrested at Rockford, ind-nhfttoffiraphs received today prove J^Jo1*^JjS?tciion-of the local authori- iffhlsTthat ihe Rockford and Minneapolis robberies Were the work of the same men.!* Gfeorge Everett altho only 24 years old, is said to have made safeblowing a profession for fourteen years, and to have, served time-in the Illinois and In diana state prisons. His real name is said to be Charles Everett, but accord ing to police Teebrds he has been known as Charles Thompson, alias Stanton, alias Stanley, alias Mansfield, alias Wal lace, alias fewanson. Williams is said to be Edward Snare, a St. Lows safe cracker. The Minneapolis pdlice are busy pro curing evidence against the nien arrest ed in Bockford, and they will be brbughiw.Minneaptttis to face trial if1 they ftui? convicted Jpp ^WKj^My the. Jft|joiayoit3fri.. 5. 'would |Take al|Regiment to Handle Her, Say Defeated Invaders. 11 fiSOffllNHEALTS Former Mayor of Paterson, if.-' J., Alleged Embezzler, Gives Up.- '"^'r^' Journal Special fientea. New York, July 30.r-William H. Bel cherv-who, while mayor of Paterson, N. rj., i alleged to have stolen approxi- -mately^lG0 fl0O from the banks and.the public and who has been a fugitive from: justice one year, was found last nieht in the Grand Union hotel in this city. As a result of his discovery he went to Paterson and at 12:30 a.m. the gates of the county jail clanged behind him and he was imprisoned in a cell, self confessed forger and embezzler. Belcher was rogistered at the hotel as B. H. Williams,'' the initials being the reverse -of- his own name. Broken in purse and health-he admitted his identity tonight and declared that, aftes a year of Sell,'' he intended to sur render to the authorities of the town in which i ne was the most respected citizen. -"What have you been doing during the^past year?" he was asked. I Save spent most of the time in bed. BSeu matism has attacked,'mevad my left knee is swollen so that I .ean scarcely walk. See, I use a cane always." "Have you,been in this.country con stantly?" "Yes, excepting- onee when going from state to state I had, to go thru Canada." -P.. -Money All Ottawa "What have you done, with the money you got?" he waa asked. '.'That is the subject tftwhich I am not willing to speak at this time," re plied Beleher. If $100,p0ft is Rone someone else must have got it and blamed iton me but I shall implicate no bna in: what I did. I shall stand alone. The stories that I am going to implicate several officers in the eity .government are" false. ri Se "'?-when^ v- X-XKX. SEAS OB I 1 5L There were many times I was absent wheQ comed arrest.'" I "would have wel- of embezzling about $150,000. The Manchester Building '& Loan associa tion, of whicS he was president, was forced to go Into bankruptcy.. TBODSANDSAffDNEBAL OF THE 1E1YIEST MM A dozen indictments have been found- -hjtant General Boardman of Madison, against Belcher in which he ^accused commander of the militia, so declare at Camp Douglas when Company mad its splendid record as sharpshooters. '~3? Journal Special Sorrico. Anderson, Ind., July 30.~Tive thou-v sand persons were attracted to Ander son .cemetery yesterday by the burial of Joseph Rodecap, a farmer and the heaviest man in Madison, county. Mr. Rodecap weighed 4K pounds. His coffin was 3 feet wide, 28 Inches deep und 7 feet long. No hearse could carry it because of its size, and a wajron was used as a funeral car. Ten men were requised to carry the coffin end sixteen menJ fce lower it into"4 tSe ground. s-^fj Special to The Journal. Webster City, Iowa, July JG.James Heone berry, one of the oldest pioneer residents of this citv, feU dead upon-the atreet today. While feeble for sotne years' he not*een HI a day. A sudden attack of beat* BSMB* caused bis y? v. Grave No Heed to Flying Bullets Emptied Her Rifle Repeatedly. Scared Posse Deserted Wounded V1 Member, Fearing Pursuit by Diets. Vfp Spaoial to The Journal. Milwaukee, July SOv^Six o the Mil waukee men who participated in the battle with John Dietz at the Cameron dam last Wednesday, returned home to day. The seventh member of the par ty, John Rogich, who was wounded by John Dietz and his son Charles, is la a lumber camp. "Of the whole Dietz family." said the leader of the party, I think tha daughter is the most dangerous to a sheriff bent on making an arrest. She kept firing from the time the battle began until it was over, and did /not once let up except to reload her rifle. "She paid no attention to our shots, altho, of course, we were as careful as possible not to shoot at ker. .We were In danger any minute of bernfit Killed by one of her bullets. She is a corker and no mistake. If it takes a compa ny of militia to capture the old man, it will take a regiment of regulars to arrest' the daughter. How They Lost Rogich. "After we retreated, carrying Bo-*f gich on a stretcher, the report spread that the* old man was following us. Ws put Rogich down in the wood* and scattered in different directions, as we had no idea which way he would come from. We were now off his ground and we determined to shoot to kail if he molested us. I went in the direc tion of his Souse, but could find no trace of him. When I returned there was no sign of Rogich or she other "Dietz must Save a large collection of rifles. He secured RogicS'B gun af ter we left, and a few days ago Se hap pened to come across an Indian asleep by the Blue of the road. S took, his rifle and ammunition and sent Sim on his way. We thought our militia suits would frighten Sim, but they did not. He is not at all particular about what kind of a person he picks off with Sis rifle." Ko Guardsman in Party. TSe members of tSe party were not militiamen. TSe report to tSat effect started en account of three of the men wearing suits tSat resembled tSe khaki uniforms of-the militia and service hats. This they did wtth-thejmrpose of mak ing Dietz believe the soldiers were af- ArtSur J. Hoeft, leader, of the -r i Mil waukee men" was dressed as a soldier, and he says he was the first one sin gled out by Diets, who sent a bullat thru his service hat. Hoeft brought this back to Milwaukee and exhibited it to his friends. He wore it in high, sugar-loaf fashion during the batue and the top of it was nearly torn off by the bullets. He was close to Dieta^ when the shot was fired, as the powcUW 3 marks are in evidence. Diets Will Die Hurting. 4 Mr. Hoeft says: I am firnuy jsefs vinced that John Dietz will never be taken alive, but will die witS a jrun in Sis Sands. No one was in sigSt at first, and we were making preparation to storm the home, when the old man walked out. He looked in our direction, but as we were behind a bush he did not see us. Further to the right in a field was Sheriff Gylland. Diets aaw Sin and rushed into the Souse. A minute later Sis wife, daughter, two sons and himself appeared, each with a rifle, and began shooting at the sheriff who by this time Sad reached our sSelter. i How the Casualties Occurred. "We all Sad smokeless powder eart^ ridges except Rogich, and this ac counts for Sis being wounded. Clar ence, the eldest son of Diets, noticing the smoke, fired straight toward it. The bullet struck Rogich in the neck and Se fell to the ground. When Se arose Se took careful aim at tSe young man and fired. Clarence fell to the ound, but was quickly dragged into house by his mother. -f. "TSe remainder of tSe famfrjr con-" tinned shooting*--The old man rusheoT toward the bush where Rogich was con cealed and- fired twice at it. The two shots took effect, one in Rogieh's Sip and one^in his. foot. This ended the bat- HUDSON IS INTERESTED iH ShaxpaSooters^of Company O May Be -Ordered to Dislodge Diet*. Sp.tctal to.The Journal. 'Hudson, Wis., July 80.Citizens of Hudson are greatly interested in the report that'Governor Davidson will call out a part of the state militia to cap ture John Dietz, for the reason that it is understood that when troops are or dered out, Company of this city will be one of the companies summoned. Dr. C. F. King says that he heard Ad- made GOVEMIENT MAY PROBE:*- BURUNGTON'S BONFIRE Journal Speelal SarTios. OmaSa, Julj'80.It is -believed a federal investigation of the burning by .officials of the Burlington railroad of two carloads of records, containing what.is declared to have been incrimi nating evidence regarding rebate prae-' tiees, will be undertaken at once. Chicago, July 30.Burlington offl cials in Chicago yesterday denied Sav ing i,if SnowedM of the burning of,, two carloads of tne roads records and rebate correspondence^ near Greeley JDenteri Neb. The railroad men said' that they Sad only seen what a^speaxei in fUe. morning papers. jxTwaxa xxxx AE&OVAUT, Salt lake Olty, Utah, July 8D.-Joi* Mann, the aeronaut who fell at the salt palaos last night, owing to the failure ot his para* chute to work," died today at Holy Onus he*, pltal. Melissa's hm was near Des Motes*,