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Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 29, 1902, Image 1

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Daily Bee.
j:STAlJLlSHEn JUNE 19, 1871.
OMAHA, FRIDAY 310IININ
NO, A
TJGTJST 29, 1902 TEN TAQES.
SINGLE COPY FIVE CENTS
1 HE
Omaha
j
STRIKE BECOMES WAR
Twa Guardi and Two Striker Art Killed
Hear Elaefieldi, W. Vn.
OTHERS WOUNDED AND UNDER ARREST
Attack ia Ifado on Hinari and Tipplemti
at Crana Ortek Work
SOLDIERS HAVE TO USE BAYONETS
Crowd of Itriken Appeaf Too Demon
atratiya for Bafaty.
SMALL RIOTS FREQUENT THROUGH DAY
tm Pennsylvania and Aero.. the Line
ia Wtit Virginia Oonrds, Soldiers
ad Striata Miner Claaa
Incessantly.
TAMAQUA, Pa., Aug. 28. After a day of
Interne excitement the eltuetlon in the
Panther Creek valley bit quieted down and
tonight the troop are enjoying a well
earned red.
Thle evening Company K of the Twelfth
regiment, under the command of Captain
Helm, escorted the nonunion men to their
home In Lansford aod Coaldale. While
large crowds of strikers gathered on the
treeta, there was no hostile demonstra
tion. The officers of the Twelfth regiment de
clared that the second battalion of that
regiment, now stationed at Shenandoah,
would be ordered here tomorrow, unless
the situation la greatly Improved. The
battalion will be stationed at Summit Hill.
This afternoon Colonel Clement, in com
mand of the National guard in the field.
Issued an order to the troops on duty In
the Panther Creek valley, calling atten
tion to a recent act of the legislature pro
viding a penalty for the calling of obecene
names. He directed that thf officers In
command rigidly enforce the provision of
the act.
John King, Tim King, John Kelly and
Jamee Martens, four of the men arrested
by the troops this morning, were released.
John McCann, the fifth prisoner, was taken
to Lansford under a heavy guard, where
he waa arraigned before Squire Lewie on
charge of assault and battery, breach
of the peace and inciting riot. He was
held In $300 ball. - .
Wtti the Treable Began.
This morning a report gained currency
that the striking men were gathering in
force) to make a march on the No. 4 colliery,
where the Lehigh Coal and Navigation com
pany is mining and cleaning coal. The col
liery is at the west end of the Panther
creek valley and the Governor's troop was
ordered to that point. Companies F and K
of the Twelfth regiment were placed on
trolley cars and run through the valley. '
When the oars reached Summit Hill they
wors surrounded by a mob of strikers, who
hurled rocks at the soldiers and called them
hard names. While Jimmy Marteen.. an
Italian, waa In the act of hurling a atone at
a car several soldiers Jumped off, and made
resistance and the soldiers ware compelled
to fix their bayoneta. In the riot which fol
lowed Marteen waa slightly wounded in the
aide.
The troopers started back to the camp,
and aa the care rounded a curve Just out
aide of Summit Hill, at a point where the
tracks take an abrupt dip, the motorman
on the first car made the discovery that the
rail had been greased. The care were
topped and soldiers were aent ahead to
place aand upon the rails. When this had
been done It was possible by moving the
care alowly to reach Lansford In safety.
A mob had gathered there and for a time
It looked like a riot. As the first car wss
gassing through the mob Captain Qearhart
eras atruck on the right shoulder by a atone.
Several soldiers Jumped from the ear In
pursuit of the stone thrower. After an ex
citing scuffle they captured Joseph McCann,
a young miner.
They proceeded again, but had not gone
far when another crowd waa encountered
and the soldiers were again taunted and
atoned. Half a dosen soldiers Jumped oft
and captured three men who. It ia alleged,
were urging the crowd to attack the
troopers. The men gave their name aa
John King, Timothy Kin; and John Kelly.
They were taken to camp at Manila park,
where, together with McCann and Marteen,
they were placed under a heavy guard.
The officers of the Twelfth regiment all
agree that the situation Is serious. The
aay the feeling agslnat the soldiers is very
Intense In Coaldale, Lansford and Summit
Hill.
SHENANDOAH, Pa., Aug. x. After an
uneventful Journey from Philadelphia the
aeoond city troop, numbering about sixty
men, arrived at the Philadelphia ft Reading
railway atstten at 7: SO o'clock this morn
ing. The dlsembarkment waa quickly made
and at8:80 o'clock the troopnr were march
ing toward camp at Indian Ridge, where
they are cow occupying the site vacated by
(h governor's troop last night
West Virginia Troap Called Oat.
HUNTINGTON, W. Va., Aug. 18 Major
B. Verlander of the Second battalion, West
Virginia National guard, ha received order
from Governor White to proceed at once
with the three companies of atate militia
here and one company at Milton to New
River coal field, where trouble la Imminent.
The companies have been assembled and
will leave at once on a apeclal train.
Serious troubls is predicted.
PARKERS BURO, W. Va.. Aug. 88. Colo
re! C. B. Morrison of this city, command
ing the Second regiment. West Virginia Na
tional guard, received orders thla morning
from Governor White, calling his regiment
to the New River coal fields. The ofllcera
refuse to atate what la their destination,
but ft la supposed to be Red Ash, where
the deputies were fired upon yesterday.
The regiment la composed of nearly 1,000
mea and the companies are acattered at
aeveral places in the state.
Huntington ha three, Parkeraburg two,
Charleston. Milton, Ansted and Bluefields
each one company. A apeclal train has
been ordered out and the companies are as
sembled at their armories here awaiting
further order to move.
Way Treaps Are Seat.
CHARLESTON, W. Va.. Aug. 18. Gov
ernor White ordered the 8ecood regiment of
troops to Thurmond, New River strike die
tiict, today. The troop are from Parkers
burg, Huntington, Milton. Charleston aod
Ronceverte. They will arrive there during
the afternoon, establishing headquarters at
Thurmond.
Regarding bis action In sending militia to
th New Rovr coal m la lug district. Gov-
(Continued ea Second Page.)
REPLY TO CANAL. PROPOSALS
Colombian Answer Ha Been Framed
and la Enroote to Wash.'
lagtea.
WASHINGTON. Aug. 28 An Important
communication relating to the Panama ca
nal treaty has keen received by Mr. Concha,
the Colombian minister at Washington. The
officials at Bogr - have Informed the min
ister that spec' j -notions to govern the
reply which Coo '''1,, ' make to the mod
ifications in the tre. ''' -sed by Secre
tary Hay will reach Wa. 'J' - v Septem
ber 15. The officials of the -. n lega
tion here have anticipated thv ''rut
at Bogota to some extent and aire..- a
set about the task of framing a reply K h,
to the ben of their knowledge, will embody
the views of the home government. When
the Instructions from Bogota are received
the answer, which they will have already
drawn up. will be made to harmonize with
the latest sentiment at Bogota, and it then
will be presented formally to Secretary Hay.
As already stated, the modifications which
were suggested by Mr. Hay met with general
approbation In Colombia, but there are a
number of changes which the Colombian
government desires to make before the
treaty Is signed.
The main purpose of the negotiations
which have been going on between Bogata
and Washington Is to conform the spirit of
the canal act with that of the canal treaty.
Rather Importance difference In the letter
of these two documents have been pointed
out, but It Is believed here that, by virtue of
the special legislative provision of the con
stitution the difficulties encountered can be
done away with.
ELASTICITY IS SHAW'S SUBJECT
Secretary of Trenanry Explains His
Purpose In Inviting Additional
Cnrreney laane.
WASHINGTON, Aug. 28. In view of ru
mora as to Secretary Shaw's plans for re
lieving the money market In the event of a
possible stringency the secretary, who la
In New Tork, today authorized Assistant
Secretary Alles to make the following
statement:
"The. secretary recently invited some of
the larger national banks in the princi
pal cities to order additional amounta of
circulating notea to be printed. National
banks are entitled to issue circulation to
the full amount of their capital. The ag
gregate capital of national banks Is $700,
000.000, but the banks have outstanding
only $358,000,000 of circulation. The secre
tary has hoped to Introduce an element
of, elasticity into the present system. HI
suggestions to the various banks in the
larger e!!!s that they !av prpsrsM"s
for additional circulation have met - with
very favorable response. It is not hla In
tention that they should Issue this -additional
circulation at all events, but only
in case of actual necessity and emergency.
With this In view, those banks which have
made arrangement to deposit United
State bonda a aecurity for such addi
tional circulation have aent in their orders
and the secretary has had all branches of
the treasury service busily engaged In ex
pediting the preparation of th notea pend
ing a possible emergency." .
PAGE COUNTY IS PROSPEROUS
Congressman Hepbnrn Talks of Cox
dltlone in Hla Home
Connty.
(From a Staff Correspondent.)
WASHINGTON, Aug. 28. (Special Tele
gram ' Representative Hepburn of Iowa Is
In Washington on business with the depart
ments. Speaking of the political situa
tion in the Hawkeye state the well known
Iowan said: "I have no reason to think
that any of the republican nominees for
congress will be In danger in low this
tall. The democrats always have me
beaten before the election Is held, and I
suppose they are still of that way of
thinking. The democrats in Iowa are pe
culiar to our state. Tbey fight, no "matter
what the outlook against them Is. Page
county, my home county, illustrates for
cibly the financial condition and content
ment of the people of my district and of
Iowa- in general. On August 1 the backs
In the county, which haa a total population
of 24,000, had Individual deposit In their
custody of 82,762.000, an average of $110
tor every man, woman and child In the
county. This is four times the per capita
circulation of the United Statea In gen
eral. Yet the democrat will nominate
ticket and fight along the same line.
Prosperity , has never been greater. The
democrats In my district hav placed In
nomination Mr. Davis of Fremont. Ho 1
a most estimable and pleasant man."
MILES' VISIT TO BE SHORT
General May Inspeet Host of the
Campa la Philippines, bat Will
Not Stay Long.
WASHINGTON, Aug. 28. General Neleon
A. Mllea, accompanied by Mra. Miles and
hi aide, Colonel Whitney and Msus, will
leave Washington tor the Philippine islands
next Wednesday. Mrs. Miles may not go
farther than San Francesco with the gen
eral, or she may conclude to accompany
him across the Pacific.
"I regard the trip as merely a visit
there," said General Mile. "It may be
called an Inspection tour, and I shall maks
It a point to visit probably every army camp
In the islands, although.. aa I have said, this
matter has not yet been determined upon.
The visit will consume from thirty to sixty
daya."
The transport Thomas, on which the gen
eral and his party will sail, haa recently
been overhauled and fitted up, making it
tne of the most elegant and comfortable of
the army transports.
WESTERN MATTERS AT CAPITAL
Location of Postoffleea at Arapahoe,
Neb., aad Missouri Valley,
la., Cheated.
(From a Staff Correspondent.)
WASHINGTON. Aug. 28. (Special Tele
gram.) The postmaster general has author
ised a change of alte of the postofBce at
Arapahoe, Neb., to the Allen block; also
the postofDc at Missouri Valley, la., to
the building owned by Or. B. J. Chapman.
The comptroller of the currency haa ap
proved the Live Stock National bank of
Chicago aa reserve agent for the Citizen's
National bank of Belle Plains, la., and the
Chase National bank of New Tork for
the Citizen's National bank of Slsseton,
South Dakota.
Charles A. Hurley of Manchester, la.,
haa been appointed a rar laborer In the
United Statea fish commission service.
Postmasters appointed: South Dakota,
Agnea C Reder, Grecamont, Lawrence
eounty. Wyoming, Catherine Carpenter,
Little Bear, Laramie county.
LITTLE SLEEP FOR EMANUEL
Emperor William Oirea Italy's King a Taste
of Baal 8trennouaitj. v
C0RBIN AND YOUNG ARE SPECTATORS
Visiting- American Generals Case from
a Window at Parade of the Po
tentates aad Plaadlta of
the Pepnlace.
BERLIN. Aug. 28. The entry of King
Victor Emanuel into the city today and
hi drive through the Unter den Llnten
was advanced purposely halt an hour from
the published time as a precaution against
possible disorder. Consequently the great
crowds which were packed into place an
hour before by the police at the Branden
burg gate, were astonished by the arrival,
at a brisk trot, of a gorgeous cavalcade,
surrounding a slx-borse carriage in whtcb
eat Emperor William and a email man in
a dark ulform, pulling at a blonde mus
tache. The carriage stopped and the crowds
ceased cheering in order to see what was
to happen. The chief burgomaster, Herr
Kerschner, advanced and read an address
of welcome from a parchment scroll. Be
hind the burgomaster stood bareheaded
100 representatives of the city In evening
dress. The reading waa over In less than
a minute. The Italian king then turned to
the German emperor and asked him if he
should reply. The emperor shook his head
negatively and the king then shook hand
with Herr Klrscbner and thanked him.
A deputation of young women advanced
on the other aide of the carriage and gave
the king a bunch of roses, he smiled,
bowed, ' burled hla face In the blossoms,
handed the bouquet to a lackey and the
cavalcade and carriage swept through the
gate and down Unter den Llnten, three
quarter of a mil. On one 'Side of the
thoroughfare were curlasseurs, dragoons
and lancers, lined up two deep a glitter
ing barrier of color! On the other aide
the people's view was unmolested, except
by extraordinary numbers of police stand
ing with their faces toward the epectatora.
The cheers of the people were spontaneous
and really cordial. They seemed so to
General Corbln and Toung and their party,
who had a row of good windows.
What Americana Host Admired.
The American officers most admired the
splendidly horsed cavalry more, than any
thing else. The show was over in a few
seconds. Shouting and the successive
crashlngs of bands placed at intervals be
tween the suadro53 of rsvalry marked
the progress of the king and the. em
peror down, the avenue. Their majesties
later drove to th Italian embassy for
breakfast and then again to the castle in
order to receive the dlplomatlo corps.
The secretary of the United Statea em
bassy, John B. Jackson, represented the
United States in the absence of the Amer
ican ambassador, Andrew D. White, who
Is on a Tlslt to Switzerland.
Emperor William kept King Victor Eman
uel up late - last night at Potsdam , and
bad him out of bed at 6 o'clock this morn
ing.' The visit of King Victor Emanuel
to Emperor William haa been marked by
the conferring; of many orders, Including
the Order of the Annunclata, which was
personally handed to the king by Count
von Buelow. i
The Order ot the Black Eagle was be
stowed on Slgnor Zanardelll, the Italian
premier, and the German ' ambassador to
Italy, Count von Wedl; the Order of the
Prussian Crown on Slgnor Prinettl; the
Grand Cross of Saints Marks and Lazarus
on Baron von Rlchthofen and the Grand
Cross of the Italian Crown on the German
under secretary for foreign affairs, Dr. von
Muhlberg. Count Lanza dl Buses received
a bust of Emperor William.
SCHWAB COMES OVER FOR REST
Proves His Statement by Golngr to
Work Immediately on
Landing-.
(Copyright, 1902, by Prea Publishing Co.)
HAVRE, Aug. 28. (New York World Ca
blegram Special Telegram.) On arriving
here today Charles M. Schwab was most
emphatic in his denial of the story that
he la about to form a universal ateel trust
or that hi voyage ia connected with tho
affairs ot the shipping trust. He said:
"My trip la purely for rest and recu
peration. I hav been working pretty
hard recently and my physician advised
mt to go slow. I have no plans whatever
beyond an Indefinite stay at various con
tinental watering places. I intend to leave
business strictly alone while on thla aide
of the ocean. There la not the slightest
friction In the steel trust management
everything is most harmonious. I have
not the slightest Idea whether trusts will
be an Issue In the next presidential elec
tion, but (smiling) I do understand, how
ever, that they are being freely discussed
nowadays."
Mr. Schwab worked extremely bard dur
ing the voyage, and this morning he was
up before S o'clock watching for mall and
at waa immersed in a pile of corre
spondence, with the steel trust's European
agent by hla side; Psesengers say he never
gave himself five minutes' leisure during
the voyage.
POPE APPOINTS MGR. GUIDI
He I' Formally Named aa tha Apea
(olle Delegate to tha Phil
ippine Islands.
ROME, Aug. 28. Mgr. Guldl ha been
appointed delegate In the Philippine.
Mgr. Oudt 1 expected to hasten hi de
parture for Manila In consequence ot In
formation received here at the Vatican of
the organization of a acblsmatle Cathollo
church In the Philippines. The Vatican
professes not to attach much importance
to the movement and declare it "cannot
develop under the leadership ot persons
who sola reason for organising is be
cause they are excommunicated from the
Cathollo church.1" '
CASTRO HEADS FOR THE FOE
Veneanelaa President Expected to Ex
change Lead with the Revo
latlonlata Boon.
WILLEMSTAD, Island of Curacoa, Ang.
28. A battle between tha army com
manded by President Castro of Venezuela
and tha revolutionists of that republlo Is
Imminent. Tbs president returned from
San Caslmiro to Cua, and Is marching on
Ocumare, whore the advance guard of the
government army la atatloned. The rev
olutionists occupy La Democracla, only a
few leaguee distant from Ocumare. All
th telegraph aad telephone line are cut.
CARLISLE TALKSTO THE BAR
Tell the American Association ef
United States Power to Gov
ern Territory.
SARATOGA, N. T., Aug. 28. John O. Car
lisle of New Tork, former secretary ot th
treasury, delivered an addresa before the
American Bar association today. He spoke
of the power of the United State to own
and govern territory, which, he said, was
a question ot the acquisition of territory
from Spsln.
"Unless the constitution Is changed,
which Is hardly probable," said Mr. Car
lisle, "the law la the aame, whether the ter
ritory Is located In the eastern or western
hemisphere."
He next touched on the limitation of the
power to acquire territory under the con
stitution of the United Statea and re
ferred to the power to declare war and to
make treaties.. "The territory acquired by
military occupation," the speaker declared,
"la held by the same until congress can meet
and substitute civil for military govern
ment." Congressional power to government
acquired territory waa dwelt upon at aome
length, and the Porto Rico Incident In re
gard to Imports and exporta waa alluded to
by the speaker.
"Porto Rico and the Philippines cannot be
domestic for one purpose and foreign for
another purpose," he said.
Mr. - Carlisle quoted ffim the decisions
banded down by the supreme court.
Mr. Carlisle said In addition:
The right of discovery Is not authorized
by International powers. The power to
derive territory Is derived from the same
source an power to declare war. Not only
Is the power to acquire admitted, but also
is the right to govern It admitted. 1 don't
believe It rlKht to the people to proscribe
political rights, depriving them of a say in
the conduct of these affairs. Territory Is
not property in the sense of depriving its
Inhabitants of the power of government.
The government In a territory when rati
fied by a treaty becomes fie facto, although
administered by the military. The func
tions of the latter, after the recognition of
territory as a part of the new owner, ere
merely to preserve order, to protect the
interests of the people, to eee that they
shall enjoy the liberties of subjects of the
governing country.
When the treaty with Spain wae ratified
Porto Rico and the Philippines became do
mestic. Those new possession could be
come domestic for one purpose and foreign
for another. It was held, however, that
Porto Rico and the Philippines did not be
come domestic under the meaning of the
revenue laws. The constitution was In force
with Porto Rico when it became a part of
tho United States. The trade with Porto
Rico is domestic trade, and the authorities
of the port of New York hsve ruled that
the regulations governing vessels trading In
foreign trade did not apply to those trad
ing with Porto Rico.
The constitution does not expand or eon
tract, but extends wherever our boundaries
extend. As the territory of a country ex
tends so its Jurisdiction extends or dimin
ishes a the country dlminlsneo.
In the section of trade mark and patent
law, the principal address waa made by
L- Bond of Chicaaro.
Reports were submitted by aeveral of the
special committees.
MORGAN TO HOLDERS OF STOCK
Ho Advises that Southern Railway Ex
tend Votlna; Traat for Bom
Yearn, ,', ,
i
NEW TORK. Aug. 28. A circular te the
stockholders ot tha Southara Railway com
pany waa Issued -today, bj: Jlwpont. Mor
gan, Charles Lander and George F. Baker.
the voting trustees, recommending a contin
uation of the voting trust tor five years.
The company postponed a dividend declar
ation recently, in order that the sharehold
ers might havs an opportunity to record
their wishes with regard to the voting trust.
The circular contains the following:
"The events of the last eighteen months.
In connection with railroad propertiea have
revealed to us the danger to which cor
porate propertiea are exposed, of the con
trol of their stock being bought up in the
market by purchasers not identified .with
the property or permanently Interested In
Its development and improvement. There
fore, we do not hesitate to atate that in
our opinion It Is decidedly for the Interests
of the Southern railway to protect their
property by an extension of the voting trust
until negotiation now pending for the fur
ther development and strengthening of its
lines shall be settled beyond any risk of
being overturned and until the completion
of other negotiations as to transportation
Interests In the southern statea which hive
an important bearing on the interests of the
Southern railway."
MANY VICTIMS OF CHOLERA
Epidemic on the Other Side of the
Faelae la Becoming;
Alsralag.
VICTORIA. B. C, Aug. 23. The epidemic
of cholera la reaching alarming proportions
on the other side of the Paclflo, the out
break extending further and having more
victims than ever before reported.
It extends from the Island of Java to
Jaran, and almost every city on the coast
and many from ths Interior are affected.
The disease, too, la being contracted by
Europeana as well aa natives. In Hong
Kong, from the first of the outbreak to Au
gust 8, there had been 526 cases, six of the
patients being Europeana, and Sll deatba
of whom four were Europeana.
In Tien Tain, the last report placed the
number ot cases for tho year at 1,049 and
764 deaths, within the city walls, and 1.015
cases and 693 deaths outside tha city walls.
In other places In China, tha proportion of
cases and deatha ia just as great.
A dispatch aays hundreds have died In
Java. A writer from Kuelln Kwansi prov
ince savs:
I write from a city stricken with a vio
lent epidemic of cholera. People are dying
by hundreds daily. Outside the city over
1.000 have died. Whole families are re
ported to have died.
In Japan the disease Is working fearful
havoc.
TRANSVAAL CANNOT PAY ANY
Time Correspondent Warn Cham
berlain that No War Penalty
la Possible.
LONDON, Aug. 29. A dispatch from Pre
toria to tha Time, la which the corres
pondent voice th popular protest against
the attempt to Increase ths tax on mines
with a view of making the new colonies
contribute to the coet of the wsr. says
well founded reports credit Joseph Cham
berlain, British colonist secretary, with
the Idea of getting from $250,000,000 to
$500,000,000 from the eolonlea for thla pur
pose. "It la well to face the facts," says th
Time correspondent, "and the fact are
that for many years to come there will
be no prospect of the Transvaal having any
surplus above what is necessary for the
proper development of the country. It is
obvious that any attempt to exact even
$250,000,000 would permanently hamper the
reeourcea for what will at beat for years
remain a poor country, dependent ea a
alngle industry.-'
JUDGES MAY STAY IN JAIL
Saaoern lafnaei Naritt and Fad Eabtu
Oorpu Fririlega,
HOLDS THEY CANNOT BE PARDONED
BastaJna tho Coarse of Jedge Phllllpa
la the St. Clalr Connty Bond
Controversy and ' Man-
damaa Proeedare.
8T. PAUL, Minn.. Aug. 28. Tha United
Ststes court of appeals, in an opinton by
Judge Sanborn, today denied the applica
tion for writ of habeas corpus or other re
lief In the rases of Thomas D. Nevltt and
Samuel C, Poden, judges of the county court
of St. Clair county, Missouri, and sustalna
th right ot a federal Judge to Imprison
Judges of county courts for contempt in
refusing to carry out the mandates ot a
Judgment Issued by him.
This case, the like of which. It la aaid,
has not come before the courts since the
early and unsettled dsys of the republic,
datea back to a period shortly after the
close ot the civil war. St. Clalr county,
In aid of the construction of a railroad.
Issued a large amount of bonda and when
these became due the county sought to
evade payment and to have the courts In
validate them. ' The judgment against the
county, aggregating more than $200,000,
however, were issued In the United Statea
court. The county fought on, adopting
every legal device to defeat the enforce
ment of the Judgment and the case haa
been In the court In some form until about
two years ago, when United Statea Judge
Phillips, at the Instance ot one of the
judgment creditors. Issued a writ of man
damus directing the county court to levy
a tax for the partial payment of the In
debtedness. The judge refused to obey
the mandate, holding that the bonds had
been illegally issued. Then came the or
der of arrest and commitment for contempt
of court.
Dlgnltarlee Play Hlde-and-Seelc
The judgea evaded the federal court of
ficers, who sought to serve the writs on
commitment, hiding In the woods and other
placea. Meanwhile the county courts were
not held, criminal went untried, civil
cases could not be heard, the county roads
and bridgea fell into decay and other busi
ness commonly transacted by the county
court was wholly neglected.
Recently, however, the marshals discov
ered the hiding placea of the fugitive
judges and arrested them. Their counsel
petitioned the court of appeals for their
release on ball and for an order staying
;rscscd!2S 'jr.!! application could be
made to President Roosevelt for a pardon.
In denying their application Judge San
born declines to enter Into the merits of
the original controveray aa to the legality
of the bonda, and holds that a writ of
habeas corpu cannot be made to' perform
the office ot a writ of error, as It la avail
able only,, when a prisoner is Illegally re
strained by a' court without 'power to make
an ardor -for contempt. ,-. In that-portion
ot. their petition asking. that proceedings
be stayed; pending an appeal for pardon, the
"petitioners alleged -thatv their "contempt
waa "an offense agslnat the United States."
In answer to this. Judge Sanborn hold
that their commitment to prison until they
comply with a mandamus directing them
to levy the tax referred to la not of a crim
inal character, but civil, remedial and
coercive In its nature, because It ia of the
character ot an execution to collect Judg
ment and that the president is without
constitutional power to grsnt reprieve or
Issue pardon In such a case.
ALL THE HEIRS SATISFIED
Fair Family Reach Agreement, bnt
It Will Take Lous Time to
Perfect Arrangements.
SAN FRANCISCO, Aug. 28. Although the
heirs of the late Mr. and Mrs. Charles L.
Fair have reached an agreement, it will
be alx months or a year before all the
legal arrangements can be perfected.
The wills left by the decedents will be
filed in the near future for probate. Then
executors will have to be appointed and
there are a number ot minor heirs whose
Interests will hare to be looked after.
There will be no contest, however, over
the estate, aa the Fair children, Mra; Anna
H. Nelson, Abram Nelson, Charles Smith
and the other heirs, desire to avoid litiga
tion. All the terms of tha adjustment will not
be made public, but the attorneya atate
that the relative of Mra. Fair will receive
the full value ot her estate, which haa been
estlmsted at $300,000. None of those in
terested will admit that they are to be
given a lump aum In cash.
The document by which the Nelsons re
linquish all claima on the estate ot Charles
L. Fair la In the form of a quit claim, the
consideration for which is stated to ba $10
In gold coin. By It Mrs Nelson and her
two aona convey to Mrs. Oelrlchs and Mra.
Vanderbllt all their right, title and Inter
est In ninety-nine different pieces ot Fair
estate property In this city, together with
thirteen In San Mateo county, thre In
Napa, four in Tolo and aome holdings In
Calaveraa county.
This settlement will not affect tha ap
plication of Publio Administrator Farham
to secure administration ot the will, which
I being opposed by the heir.
CITY OFFICIALS LEAVE TODAY
Leagst of Amerlcaa Manlclpailtlea
Will Conclude Grand Rnplda Con
vention This Afteraooa.
ORAND RAPIDS. Mich.. Aug. 28. At to
day's session ot the convention of th
League of American Municipalities ad
dresses were msde by the president, Jacob
A. Canton of Manhattan borough, New York.
J. McCardy, ex-comptroller of St. Paul,
Minn., Comptroller James H. Smith of Bal
timore, and Ignatlua A. Sullivan, the "dry
goods clerk mayor" of Hartford, Conn.
The afternoon waa devoted entirely to en
tertainment. The convention will close to
morrow with the election ot officers and the
choosing of the next place of meeting.
CANNOT CAN S0CHEAPLY NOW
Fro It Preservers May Have ta Pay
Glassware Maker Higher
Prices.
PITTSBURO, Aug. 28. At a meeting today
of manufacturers of pressed and blown
glassware it waa decided to Increase the
price of common pressed tumblers and tin
top Jellies 6 per cent and all other lines
10 per cent. These advancea are made
necessary, ths manufacturers say, by the
coat of production in all lines. Th In
creased price take effect at one.
CONDITION 0FJTHE WEATHER
Forecast for Nebraska Fair and Cooler
Friday; Saturday Fair.
Temperatare at Omaha Teaterdayi
Ilonr. Dear. Hear. Dear.
B a. ra 4 1 p. as...... TM
a. sn flt a p. at, TH
T a. m tut '8 p. m l
a. n, as...... T 4 p. an...... eU
a. m Tl Bp. m...... mo
lO a. m T p. as TT
It a. na Tit T p. m TT
13 m TT N p. as T5
p. sa Ts
CONGRESS ELECTS OFFICERS
Fraternal Convention Fills Place foe
Enanlna- Tear aad Selects Mil
vrankee for Nest Meeting).
DENVER, Aug. 28. Joseph A. Langfllt of
Pittsburg, Pa., past supreme regent of the
Royal Arcanum, waa today elected presi
dent of ths National Fraternal congress.
Other officers were elected aa follows:
Vice President E. O. Wood, Flint. Mich.,
grand chief of th Loyal Guard.
Secretary-Treasurer M. W. Beckett,
MeadviUe, Pa., supreme recorder of the An
cient Order United Workmen.
Milwaukee waa chosen aa th meeting
place for next year.
The congress this afternoon adopted a
resolution Introduced by Dr. Oronhya
tekah reaffirming the old table of mortal
ity rates, first adopted five years ago and
repeatedly reaffirmed alnce. The provis
ion known as the "force bill," which re
quired all of the orders to adopt the mini
mum acale, Is repealed, however, by a res
olution previously adopted.
TRUST PROSECUTION" ACTIVE
St. Joseph Batcher Reiterates Testi
mony Declaring; Secret Rebates
Made by Packer.
ST. JOSEPH, Aug. 28. Th beef trut
Investigation proceeded at S o'clock this
afternoon, but without material disclos
ures. J. F. Seitter, a local butcher, was
on the atand for the prosecution. His
evidence waa to the effect that he had, on
a few occasions, been given rebate by local
packers, and that he had been warned not
to tell any other packers.
Attorney General Crow la piling up this
line of evidence in hopes of establishing
his accusation that a combine existed prior
to May 6,' The Inquiry will adjourn thla
afternoon until some tlma next week.
WANTS NO MESSENGER BOY
Western Union Fatly Decides to Use
Girls Hereafter In Chicago
Delivery Work,
CHICAGO, Aug. 28. The Western Union
Telegraph company haa definitely decided
that It will, in thla city, employ no more
boya as messengers. The boys have
atruck three tlmea within the last month
and tha company haa decided that It will
employ them no longer. Girls will be used
to carry messages . in the business and
residence districts. ,. For the night " work
men, will be .used, aad men will alao .be
kept in the day time for the purpose ot
carrying message into the undesirable
parte "ot the city. Ths change 'will be made
at once. .
OBSERVING OLD HOME WEEK
Massachusetts Residents and Cleve
land and Joe Jefferson Gather
at Sandwich.
SANDWICH, Maea., Aug. 28. Thle little
town. Which almost may be aaid to guard
the entrance to Cape Cod, la observing
Old Home week. Among the speakers at
the dinner today were Joseph Jefferson and
former President Cleveland, both summer
residents. Mr. Jefferson told stories, whllo
Mr. Cleveland talked In a more aerloua
vein. Among other things he said that he
believed that our aafety aa a nation, our
happiness aa a people depends upon keep
ing alive forever as the foundation of all
other efforts and of all other endeavors a
love for . the old home.
BORIS GOES T0 OYSTER BAY
Grand Dnke of Russia Announces He
t Will Call on President Roose
velt Soon.
NEW TORK, Aug. 28. Grand Duke Borla
of Russia, cousin to the csar, who la mak
ing a tour of the world with hla autte, ar
rived here from Buffalo tonight. He said
he does not know how long he will stay
or what he will do except that he will let
hla fancy dictate. .
Regarding a visit to President Roosevelt
the duke said: "I shall call on President
Roosevelt, probably about September 8, at
Oyster Bay. I expect to go to Newport on
the 4th and probably will sail for Europe
September 9, but that la uncertain at
present."
WATKINS IS THE RIGHT MAN
Identlaed a-s Peraoa Wha Paaaed
Spartan Check at .
Seattle.
SEATTLE, Wash., Aug. 28. Information
waa received tonight that the man ar
rested at Newcastle, Wyo., on suspicion
of being Philip D. Watklns, haa been def
initely learned to be the person wanted.
Sheriff Cudlhee wired the authorltlea at
Billings. Mont., today to let him know It
the question ot Identity has been settled,
and if ao he will aend a deputy to Montana
after the prisoner. Watklns la wanted here
for passing a spurious chsck tor $100 on a
local bank.
STEER ROPER BREAKS RECORD
W. E. Fitch of Eatoa, Colo., Is Star
Performer oa Frontier Day
Program.
CHEYENNE. Wyo., Aug. 28. Th world's
record for ateer roping waa broken by
four ot tbe large number of participant
In today'a tcontest In connection with the
Frontier day celebration. The winner was
W. E. Fitch of Eaton, Colo., who per
formed the feat In fifty-five seconds. The
former record was 1:29 2-5 seconds, made by
Duncan Clark of Iron Mountain, Wyo.
Fitch la government cattle Inspector at
Eaton.
Movements of Ocean Vessels A a. 88.
At New Tork 8alie4: Columbia, for
Hamburg; La Uasrogne, for Havre; Bre
men, for Bremen, via Southampton.
At Queenntown Sailed: Germanic, from
Liverpool, for New York.
At Liverpool Balled: Commonwealth, for
Boston.
At Havre Arrived: L'Loraine, from New
York.
At Cherbourg Arrived: Moltke from New
York.
At Southampton Arrived: 8L Louis,
from New York,
HONORS GRAND ARMY
lUugh Xldar Colonel Ifakea Aoknowltdp
nnnt to Oivil War Veteran.
TO THEM IS DUE GREATEST GRATITUDE
Son Othari Hav Had to Endurt 8 If uoh
fat Their Xapublio.
LEAVE DESCENDANTS GRAND LESSONS
Heritage li Iiipirlnf Example of Valor
and Industry.
NEW HAMPSHIRE IS PRESIDENT'S HOST
Ha Kneads Whole Day la the Hilly
State, Making; Principal Addresa
at State Baeampmeat
at Tha Weirs.
NEWBURY, N. H.. Aug. 28 I'ri nident
Roosevelt toplght Is the guest of Secretary
of State Hay, whose aummer home ia sit
uated a few miles from here on the shores
of Lake Sunapee. The secretary and hla
daughters met the president upon his ar
rival and joined with the assemblage In ex
tending him a hearty welcome. The presi
dent delivered a brief addresa to the towns
people, In which he thanked them for their
greeting. He then entered Secretary Hay'a
launch Nomad and ateamed to the Falls.
New Hampshire's arms were open today
In readiness to receive the president. Long
before he waa awake a committee repre
senting the governor boarded the train.
The welcome they extended to him on be
half of the state waa magnified later In
the day in the smaller towna through which
the train passed, and at Nashua, Manches
ter, The Weirs and at Concord, although
the day waa replete with mlacarrlage ot ar
rangements. Crowd Too Great.
At Tbe Weir, where the Grand Army
reunion waa held, the people. In the ex
oess of their desire to accord the president
a fitting reception, came near causing a
crush which might have resulted disas
trously. As It waa the preaident wsa for
a time In the midst of a howling, surging
mass and waa all but carried oft hla feet.
So Inadequate were tbe police arrangements
tbat the crowd had entire control of the sit
uation and much relief was expresaed when
the president, after reviewing the veterans,
wss ported into the hotel for luncheon.
Here again the carefully laid plana for
hla entertainment went astray. . Luncheon
was served through the gallantry of tha
governor'a atafT, who turned to waiter. The
president' speech at the. park was most
favorably received. Aa In the case of Ban
gor, he admonished hla hearers to remain
still and not to ahove. A great crush oc
curred at Concord aa the train waa pulling
out, and for, a time It wae feared people
would be hurt.
:J: .". evall. Loses Sleep,, 1 1
NASHUA, N. H,, Aug. 28. For tho firai
time alnee beginning hla tour ot New Eng
land President Roosevelt last night slept
aboard the train. He remained up until a
late hour, talking over old tlmea with
"Bill" Bewail, his former guide, whom ha
insisted should accompany him to Ells
worth and back to Bangor. In all proba
bility the president will return to Maine In
October for a bunting trip.
Early thla morning at Kittery Junction,
Me., the train waa boarded by General Ay
ling of Concord, N. H., aecretary of atate;
Edward Pearson and George H. Moses, rep
resenting Governor Jordan of New Hamp
shire, who extended the president a wel
come to that atate as soon as the president
bad passed the boundary.
In his anxiety to respond to the greeting
of the people of Clermont, a email station,
the president, who bad not finished dressing,
rushed to the door of his car, wrapped In an
overcoat, and bowed to the little gathering.
At Wyndham Junction the populace waa
astir early and aa tbe train approached th
station a aalute waa fired and a rousing
cheer went up aa the president appeared on
the rear platform. Th train reached
Nashua on time.
Ovation la tontlnoona,
The president and his party were escorted
to carriage and all proceeded to tha city
hall. At the station and along the streets,
and massed around tbs platform, which had
been erected In front of tha nttv hall, were
thousanda who cheered Incessantly front
tbe time the president's train appeared un
til he had begun to speak to the great as
sembly. The president occupied about tea
mlnutea with bis address.
Withdrawing from the platform, tha pres
ident, the reception committee and those ,
who were with the president resumed their
carriages and proceeded to the' Nashua
Junction station. The ovation to President
Roosevelt waa continuous and aa the train
drew out prolonged cheering followed.
Some at Home Have Erred.
MANCHESTER, N. H., Aug. 28. A presi
dential salute, mingled with a great crowd,
greeted the preaident aa hla train reached
here..
As many of tbe men on tha reception
committee here were personally known to
ths president, th exchangee ot courtesies
were unusually cordial.
Tbe preeldent waa driven about tha city
la a barouche drawn by four horses. On on
of tbe bridge th two lead horses became
unmanageable and had to ba taken out. An
other delay occurred when tbe procession
waa held up by a pssslng freight train. At
a point opposite Merrlmae common the
presldsnt's carriage waa brought to a atop
and the local camp of Spanish-American
war veterans tendered the president a
salute and their commander, Colonel Wil
liam Sullivan, stepped forward and pre- .
ented him with a bouquet of roses.
In accepting them the preaident epoke for
ten minutes, saying:
We hav heard a great deal ef criti
cism about what our people have don in
the Philippines. Those who went out there
were our brothers, friends, companions.
There was occasionally one of them who
did something wrong well, we are not all
of us Immaculate. (Laughter.) There Is
every reason why we should put a stop to
wrong doing and punish the wrong uoer,
be he soldier or civilian, and where it has
been possible to get at any soldier who did
wrong he ha been punUhed, but th fact
remains that you and those like you In
the Phllpplnes have written a new page
in the honor roll ot American history
and shams to us aa a nation if we don't
stand by you and appreciate what you
have done.
He was enthusiastically cbsered at tha
close ot hla remarks, following which the
line of inarch was taken up for the depot,
where tbe president boarded his special
train tor Tbe Welra.
Addresses Encampment.
THE WEIR8. N. H., Aug. 28.-Fully SO.
psopl Joined la welcoming th president

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