Newspaper Page Text
The Omaha Daily Bee.
ESTAHLIHIIEl) .1UNE 1871. OMAHA, MONDAY MORNING, SEPTEMKEK 22, 1902. SINGLE COPY THREE CENTS. WITH DYING SOLDIER looeeTtlt Spends Half Honr at BscMde of Spanish War Veterai. DAY AT DETROIT OTHERWISE UNEVENTFUL Church Services, a chert Drive and a Dimer Oeniamt Hit Time. GENERAL ALGER CHIEF ENTERTAINER Farmer Secretarr of War Doee the Honeri with Major1! Aid. PRESIDENT WILL BE VERY BUSY TODAY Makes Two Addrfnari to Yoani Vrti and Rrrltna Their Parade Will Kind Time Also for Rlda on Steamboat. DETROIT. 8ept. 21. For the second time 1a its history Detroit la entertaining the chief executive of the nation. President Rooaevelt arrived at 8 o'clock this morning over the Michigan Central railroad and found Detroit awaiting his arrival in gala attire. Flags were flying, the city waa bright vlth bunting and pictures of the president greeted the eye at every turn. Throughout the day crowds lined the treeta about Hotel Cadillac anxious for a glimpse at the chief magistrate and his appearance waa always the signal for en thualastlc cheering. The weather was all that could be desired, being bright and warm, with a pleasant breeze stirring. It was a restful day for the president, although his time was completely occupied by the program mapped out for him by the local arrangements committee. Im mediately on his arrival he was driven to his apartments at Hotel Cadillac. At 10:30 o'clock he attended services at the Fort Street Presbyterlau church, driving from there to Oeneral R. A. Alger's residence, where he was entertained at luncheon. He returned to the Cadillac soon after 3 o'clock, only to leave again In a short time lor a drive about the city. During the drive he called at St. Mary's hospital, on 8t. Antolne street, where Thomas K. Doherty, a local veteran of the Spanish war. Is dying of consumption. Doherty had expressed a wish to see the president and Oeneral Alger learned of It. Accord ingly at luncheon today President Rooaevelt waa asked It he would call on Doherty at the hospital. The president answered he would be delighted to do so. Doherty la unable to sit up and the president re mained at his bedside for some minutes, chatting with him and expressing words of cheer and hope. Then the president dined at the Cadillac with a party of trlends. Reception nt Station. Chen President Roosevelt'a special train arrived this morning the groat crowd on the platform and in the station cheered lustily. Th reoepUon.cpmmU.tecimpose4 of Gov ernor A. T. Bliss, -Ireaeral R. A. Alger, former secretary of war; Mayor William C. Maybury, Congressman John D. Corliss, Hon. William E. Qulncy, former minister to The Hague; Judges Donovan, Brooke and Roh nert, D. M. Ferry, George H. Barbour and a delegation from the Spanish war veterans headed by Oeneral Prell of Washington. General Harold McOrew of Indianapolis and Captain George T. Oaston of thla city. marched down the platform to the steps of President Roosevelt's car. Mayor Maybury and Oeneral 'Alger entered the car and greeted the president. In a few moments the president, accompanied by Secretary Cortelyou, stepped down from the car and the members were presented to the chief magistrate. At a brisk walk, with the pres ident and Mayor Maybury leading, the party then started down the platform for the sta tion entrance'. A train that had arrived lust a few minutes ahead of the presiden tial stood on an adjoining track and Its platforms were crowded with people anxious (or a glimpse of tha president. To the Cheering which greeted htm the president responded repeatedly with a smile and a wave of his hat. Aa the party reached the tnglns of the presidential train President Roosevelt stopped. He stepped over to where Engineer James Thomas and Fire man John M ester hung out of the cab win flow and gave to hand of each a hearty grasp. Naval Reserve Are Ont. The Detroit battalion of the Michigan aaval reserves, with whom the president made a cruise on the lakes while he was assistant secretary of the navy, stood at present arms on Third street as the pres ident emerged from the depot. Bowing to the crowd that cheered hlra to the echo, President Roosevelt entered his carriage, accompanied by Secretary Cortelyou, Cen tral Alger and Mayor Maybury. After the Other members of the presidential party bad found their carriages the naval re serves wheeled Into line and with a squad Of mounted police at the head the party Started up Third street. Despite the com paratively early hour ths atreets were lined with people and the president was greeted irlth a auccesslon of cheers throughout his rlda to Hotel Cadillac. At the hotel en trance the naval reserves again formed in battalion front and atood at present arms is the president alighted from his carriage tt the Washington avenue entrance. Be fore entering the hotel President Roose relt walked arross the street and compli mented Captain Blandish on the appearance f his men and aaktd him to thank them In bis behalf for turning cut In his honor. Oolng to his rooms on the second floor of the hotel the president received the reception committee and local newspaper men and then was left to prepare for church. Paatur Has Fall rinarreeratloa. At 10:20 he left the hotel for the Fort Etreet Presbyterian church, accompanied by Oeueral Alger, Secretary Cortelyou and Mayor Maybury. The party stopped at Oeneral Alger's residence on Fort street, where Mrs. Alger Joined them. It waa but a moment's drive to the church, which was crowded to Its utmost capacity. The president oacupled General Alger's pew with the general and Mrs. Alger and Sec retary Cortelyou. The church was beau tifully decorated with flowers and the pul pit waa hung with American flags. The subject of Rev. E. H. Penre'a ser mon was "A Threefold Oospel" and his text waa from I Thessulonlans, II., I. During ths services the president's favor ite hymn, "Ood Guard Columbia," was lung. At tha conclusion of the church serv ice ths president drove to Oeneral Alger's residence, where he was entertained at luccheon. Oovernor mits. Mayor May bury and General 11. M. Duffleld were tho only guests aside front the members of General Alger's family. It was after 3 'clock when the president and Secretary (Continued en Second Pag a) KING LEOPOLDREACHES SPA Other Members nt Royal Family to Conic from Ilrnssels Today for Haeen'a Mum. SPA, Belgium, Srpt. 21. A requteum mats for the late queen of the Belgians, at which the bishop of Liege will officiate, will be celebrated here tomorr- Special trains will be run for the t, ''''"i from Brussels to bring members y -oyal family, who, after the mass, wtt. ff-" the body of the late queen back capital. King Leopold arrived here day. BRUSSELS, Sept 21. A dispatch to the Patrloie trcm Spa says that when King Leopold arrived there he refused to speak to the Princess Stephanie, and compelled her to leave the royal palace. The princess consequently left Spa suddenly. She rode to the station In a hired carriage and amid demonstrations of sympathy from the peo ple took a train for Brussels. By Queen Marie Henrtette's own desire, her body will not be embalmed and an amu let, a gift of her son, now dead, which she always wore, will not be removed. There are various versions of the quar rel at Spa between King Leopold and Princess Stephanie, his daughter, the most reliable of which Is to the effect that the princess was In the death chamber when his majesty arrived at the palace. He re fused to enter until she had left the room. Princess Clementine, the king's third daughter, came and took Princess Stephanie away. King Leopold then entered the death chamber and prayed before the coffin for twenty-five minutes. The news of the quarrel between the king and princess spread rapidly. It Is announced that King Leopold will return to France next Sunday after the funeral. Princess Stephanie Is the second daugh ter of the late Queen Marie Heniiette and King Leopold. She married tha only son of the emperor of Austria In 1881 and wss left a widow In 1889. She was married the second time in 1900 to Elmer, count of Lonay. This marriage was against the wishes of King Leopold who refused to permit It to be legalized. He baa been very bitter against his daughter and courts friendly to that of Belgium have declined to receive the princess. DISCOUNTS PELLETIER'S TALK Premier Combe Impllea that the Bel licose Gentleman Is Not to ' Be Taken Seriously. PARIS, Sept. -21. At a political banquet given at Matha, Department of Charente Iufeileute, tuuuf rruler Combes at tempted to efface the damage of the re cent Indiscreet utterances of M. Pelletler and Oeneral Andre. After saying the gov ernment's religious policy had not violated the Concordat, which the cabinet re spected, M. Combes protested against the action of his political opponents, who, ha said, animated by a desire to beamtrch the government's foreign policy, had selx.ed upon the remarks of individual ministers, delivered by them In the fervor of extem porary after dinner oratory, and not al ways correctly reported, t and had used them as government utterances. The pre mier contended that such individual state ments could not Involve the responsibility of the government, which, under the par liamentary system, could only be Involved by the premier, who alone was responsible to the chambers and the country. In tha matter of foreign policy, said M. Combes, only the minister of foreign affairs Is en titled to speak and act In the name of the government. In conclusion the premier summarized France's foreign policy as a desire to strengthen the existing, good re lations with foreign countries, find he re Iterated that there had been no change In the government'a policy since the day he assumed office. The premier's speech was received with prolonged and enthusiastic cheers. GENERAL B00THC0MES SOON London Salvationists Send Hint on Ills Journey ' with Greetlnara to American Comrades. LONDON, Sept. 21. Oeneral Booth con ducted three farewell services at the Clap ton Congress hall tonight. Three thou sand Salvationists bade tha general god speed at the evening service, when he ex pressed a decision to convey messages of affectionate regard from them to Canada and the United States, The general asked those present to send a message that their American brethren, with the people of Oreat Britain, might stand up before the world as friends of the human family, and that these great nation should work shoul der to shoulder for the peace and happi ness of the world. A mighty shout of "Amen" and a forest of waving hands greeted Oeneral Booth's words. COLONIES MUST PAY FOR WAR Mlalna- Profits to Bo Taxed Ten Pes Cent More Than by the Boera. LONDON, Sept. 22. The Dally Mall tays the government has decided that the new South African colonies are to be required to pay $500,000,000 toward the cost of the South African war. The colonies are, how ever, to be allowed ample time to make this payment. H will not be collected until the extension of trade and expansion of rev enue permit. Consequently the loan will not be floated for two or three years. Min ing profits will probably be taxed 10 per cent more than before the war and money will also be obtained by granting all kinds of. concessions and mineral rights. SAY NO TO HAY'S APPEAL Austria and Hauls Reported to Be l awllllnaT to Act In Behalf of Roumanian Jews. LONDON. Sept. 21. Cabling from Vienna, the correspondent of the Dally Chronicle says be learns that neither Austria nor Russia Is willing to support the appeal made by the Vnlted Statea in behalf of the Jews in Roumanla. It Is admitted, says the correspondent, that the treatment of Jews infringes the treaty of Berlin of 1878, but It Is one of many Instances of Infringement without the powers protesting. YELLOW DEVILS STILL BUSY Bhaaahal Correspondent Reports that Bosera Mast Sot Be ('ousld- ered as Subdued. LONDON. Sept. 21. In a dispatch from Shanghai the correspondent of the Stand ard declarea that BoxerUm In Stchuen has not been subdued The premises of the China Inland mission and Met Yau have heen destroyed, but no Uvea lot. The Boxers are threatening three cities Tan j uena nucg I en sua ivai nog cu HENDERSON IN THE HOUSE Haw the 8peaier Haa Cenducted Affairs of Hit Exalted Office. WORKS HARD AND TRIES TO BE FAIR Political Influence and Social I'o Alike Impotent to Sway Him In Discharge of His Duty aa Speaker, om a Staff Correspondent.) VV .INOTON, Sept. 21. (Special.) The recent declaration of David B. Henderson that he would not be a candidate for con gress, outside of the great shock It gave the political world irrespective of party, has aroused Intense interest In the speakership of the house and the possibilities of the many men who are named aa candidates for this high office. Considering the prominence of the posi tion and the immense power which It It acknowledged Is wielded by Its occupant. It Is a somewhat remarkable fact that so lit tle is known concerning the methods em ployed by Oeneral Henderson In the trans action of public business as speaker of the house. This Is doubtless largely due to the fact that at the very outset of his career as speaker Mr. Henderson substantially sev ered his relations with the press, repre sented by correspondents at the national capital. As chairman of the committee on judiciary and as a member of the bouse, Mr. Henderson had always been very popular with the newspaper correspondents. He told a good story, sang a good song (preferably Scotch) and could hold bis own at the table with anyone distancing quite a number. But when he was selected by his party to preside over the deliberations of the house Mr. Henderson took the ground that should he speak for publication of matters pending before the house It would appear that he was attempting to Influence legislation and his words might be given a greater import oftentimes, perhaps, than they deserved. Consequently he withdrew from publicity as much as possible and his Influence on legislation since then has been referred to only at Intervals, as was the case with the Cuban reciprocity bill, and his attitude has often been the subject of misrepresenta tion. Hla Own Expression. Three years ago Mr. Henderson returned to Washington from Atlantic City, where he had been laboring with his colleagues on the house committee engaged In drafting the gold standard bill and In a conversation outlined the attitude which he proposed to assume a speakei vl ILe Luimw, LrieCy as follows: "It has been my ambition," he said, "to round out my congressional career by serv ing a term or two as presiding officer of the house of representatives. I have no de sire to reign as a cirar or to undertake to control and direct legislation In the house. If I am elected I expect to preside over the house In aa fair and impartial a man ner aa possible." And nothing has developed since Mr. Hen derson assumed the position which he still occupies to Indicate that his Intentions bar been changed since he became speaker. The accusation has been made many times and will doubtless be repeated that ho has un dertaken to play the role of a dictator and to control eveiy matter that comes before the house and he has often been credited with Interference which he had never con templated. The crlgln of such Impressions may be traced to the lack of proper understand ing of his method of transacting the busi ness of the house. The complaints which have been made against the Reed rules, under which the Bouse Is now operating, are nothing new. They are repeated In each congress, yot each new congress since the rules were first promulgated haa re adopted them for Its own guidance an 1 each speaker has been Invested with the power he holds by the deliberate and will ful action of the house. The rule most complained of Is the one conferring upon the speaker the sole right to recognize members who wish to call up bills In th morning hour. Should the speaker desire to recognize him he does so, and If not the member might shout himself hoarse and wave his hands frantically In the air, ami as far as he was concerned the speaker would be blind and deaf. Improved on Reed's Method. Fault has been found with Speaker Hen derson for changing the methods of his predecessor, Mr. Reed, but It Is possible that the comparison of the two methods would show that the present is less ob jectionable than the old. During Mr. Reed's regime It was customary for the members, as permitted by the rules, which rules are still In force, to rise In their places and demand recognition. They did not, however, confine themselves to their seats in the house, but rushed to the front of the speaker's desk and ranged them selves In a semi-circle, very much after the fashion of a pack of wolves who had backed a man up against a tree, and there shouted for recognition. Mr. Reed would recognize first one and then the other, ap portioning his recognition between the re publican and democratic side of the cham ber, so as to give an almost equal num ber to each side. Aa Mr. Henderson con ducts the business of the house the mem bers arise In their seats and ask for rec ognltlon, which Is given them according to a program arranged before the bouse meets. In Mr. Reed's time he recognized only those who had seen him before the house met and whom he wished to recog nlze. The same Is now true of Mr. Hen derson, so that the only real difference be tween the methods employed by these two speakers Is that Mr. Reed permitted the members to go through the farce of stand Ing about the desk and clamoring for rec ognition which Mr. Henderson abolished with the result that there Is now no die order whatever. The theory remains the same, that before obtaining recognition the member must see the speaker and sub mit his bill for his consideration. Privileged Bills. As a matter of fact there are really very few bills which require recognition from the speaker. All bills from the com mlttee on ways and means and the com mlttee on appropriations are privileged Appropriation bills from other committees are privileged. The committees on pen slons, claims and war claims, which com mittees handle by far the greater part o the private bills introduced, have their own days under the rules when they are privileged to call up any bills the com it tee desires. The District of Columbia committee has Its day. Other bills are taken up under special rules reported from the committee on rules, so that there are comparatively few bills that can come up through no other channel than recognl tton by the aptsker. Mr. Henderson determine! whom he shall recognize by requiring that the member shall explain to him the reason why th bill should pass. He also takes the report SHELDON TO RUN WITH 0DELL ew York Republicans Asrree on ( in. dldate for Lieutenant Governor, and All Is Peace. SARATOGA, N. T., Sept. 21. Not In many years has there been, two nights prior to yhe assembly of a New York state repub lican convention, such placidity as exists tonight Undoubtedly this Is because by far the majority of the selections for the state ticket have been practically agreed upon. Oovernor Odell will, of course, be re nominated. The contest for lieutenant gov ernor practically ended tonight when tt was announced that the delegations from New York, Westchester and Erie counties had decided to go Into the convention pledged for Oeorge R. Sheldon. There Is little or no platform talk tonight. The planks on trusts, the tariff and canals are the only ones that cause any discussion, the tax question having been generally out lined in the sprthes of Oovernor Odell. There has not as yet been anything; de cided on the trust plank except that while condemning certain combinations of capital thtre will be no appeal to congress for dras tic legislation. This Is on the statement of Mr. Piatt, who stated the platform was not complete. On the tariff question the Indications are that a very definite stab will be taken against revision on the grcund that the ben efit to be gained will be Infinitesimal aa compared with the Injury that will be done American Industries and American work Ingmen by an opening of the question of re vision. Nearly all the party leaders are here. A great deal of the detail cf the convention has been arranged. Lemuel K. Quigg, who is to be temporary chairman, and Senator Ellsworth, who Is to be permanent chair man, will not be here bef' re morning, and Edward Lauterbacb, who If aald to be fram ing the platform, is not b r. Oovernor Odell will be p tt In nomination by former Senator Clarent e Lexow of Ny ack. Mr. Sheldon will b nominated for lieutenant governor by Senior Depew, and Assistant Secretary of Sts-e David J. Hill 111 nominate Judge Werr.r for the court of appeals. N. N. Stranalian, collector of the port of New York, said tonight that the plank In the platform em orslng President Roosevelt's administration and nomination to succeed himself la at strong as the friends of the president ra 1 wish. Governor Odell sent wcrd here tonight that he positively would n. t come to Sara toga during the convention. It had been lanned that he should c me on Wednes day, the last day of the convention, so that e might be the personal recipient of the omlnatlon. He says In positive terms that he believes It would la undignified for he gnvBrnor cf New Yen to attend tho convention for any purpose. SHAW SPEAKS REASSURINGLY Declares that There la Reullr - No Occasion for Any A ixlety Over Financial Mi ters. CHICAGO, Sept. 21. f .'Vetary of the Treasury Leslie M. Shaw f-as Interviewed tonight In regard to a re '"it that the abo lition of the sub-treasury lha been under consideration. "The secretary of the treasury is the only cabinet officer who reports directly to congress," said Mr. Shaw. "I am empow ered to make whatever recommendations I may deem advisable, and my forthcom ing repon may contain certain recom mendations which I deem necessary for the public welfare. Should I say what those recommendations would be congress might decline to adopt them. Abolition of the sub-treasuries." con tlnued the secretary, "would release $83.- 000,000 at the present time. The re malnder of the $218,774,500 In the treas uries at the last report Is In circulation now. vie nave sought to deposit the money as rapidly as possible and avoid a contraction of the market." 'What Is to be done before congress con venes?" 'I do not know that anythln will he aone. 'By the anticipation of the October In terest you have acknowledged the neces sity for some action, and the high rate of interest prevailing In New York Is fur ther reason for action, Is It not?" Well, we have put considerable monev In circulation through the banks and I do not anticipate any danger. The Davment of the October interest, of course, broucht ooie reuer. 1 nere is no occasion for any anxiety. What congress will do when It meets to relieve a contingency that is con stantly recurring Is something I cannot foretell. ' GENERAL BATES PUNISHES Reduces a Noncommissioned rm.... and Imprisons Eight Privates for Various Offenses. CHICAGO, Sept. 21. One non-commis sioned officer Is reduced to the ranks and eight privates are dismissed from the United States army and sentenced to terms In military prisons for various offenses In an order Issued by Major General Bates. acting commander-ln-cblef of tha Depart ment of the Lakes. The officer reduced Is Corporal Everett Scales, Company A, Fourteenth Infantry, who waa found rullty of assault with In- tent to do serious bodily harm. In addi tion he will be required to forfeit $10 a month of his pay for nine months and serve the same period at hard labor In the prison at Fort Bradly, Mich. The soldiers discharged are: James J. McGuIre, Forty-seventh company. Coast ar tillery, desertion; Frank A. Rautenberg, Company B. Twenty-ninth Infantry, deser tion: Edward Norton, Second company, Coast artillery, desertion; Louis E. Bouch ard, Company L, Third engineers, deser tion; Aria O. Tonslng, Company E, Four teenth Infantry, desertion; Harry Pulver, Company K, Third Infantry, larceny; Har vey Hohler, Troop M, Thirteenth cavalry, desertion; Earl C. Hall, Company H, Four teenth Infantry, desertion. KOCH WOULD COME"gLADLY Accepts Invitation to Tuberculosis Congress oa Condition that Ger man Government Takes Part. ATLANTA, Ga.. Sept. 21. Dr. George Brown of this city, secretary of the Amer ican Tuberculosis congress, has received the following letter from Dr. R. Koch, the eminent German specialist, in reply to an invitation asking Dr. Koch to bs In at tendance upon the American Congress of Tuberculosis to be held In St. Louis In 1904: "Esteemed Sir: I have just received your letter, and I hasten to inform you that in case tne German government will officially take part In the congress of tu berculosis In St. Louis In l'04. appointing me as a delegate, I would gladly corns. In this case I would also with pleasure ac cept the nomination as vice president. Ibigoed) . -SU KOCU." POINTS IN THE TAX CASE Abstract of the Opinion Written by Judj e Heloomb Dsaying Writ. QUESTION AS TO RIGHTS OF THE CITY I ntformlty of Assessment Mot Secnreil Indrr Present Method of Fixing Value of Local Property and Railroads. (From a Staff Correspondent.) LINCOLN, Sept. 21. (Special.) Follow ing Is an abstract of the opinion of Judge Holcomb In the case of The Bee Building Company against the State Board of Equali zation: The dominant Idea of the organic law Is that neeatul revenues fur statu and mu nicipal government shall be raised by levy ing a tax on property by valuation in such manner as that every owner ot property subject to taxation shall pay taxes In proportion to the value of the proierty owned. The word property la used as a generic term and In its broad and compre hensive sense, anil comprehends), no doubt, ail Intangible property of whatsoever kind. Including franchises, although to latter is expressly speiilied, as well as VUuacal or tangible property. In determining the value of property for assessment purposes, e cannot take Into account, the large amount ot property tnai annually escapes taxation. 1 he only sate and satisfactory rule, as we view the sub ject, Is by a comparison ot values of prop erty actually returned and listed for t:ixa- 1011 and tiieretrom ascertain the standard ot valuation at which property Is assessed and thus conform to the constitutional rule ot uniformity, 'the oblect of the law of uniformity Is reached If all property wunin mat taxing Jurisdiction .u assessed at a uniform standard of value, as com pared with Its actual market value, even though there be great disparity between values, as assessed for taxes and the value as tlxed In the open markets by barter, exchanges or by buying and selling. It would oe unfair to the railroad corpora tions to assess their property at a greater valuation than that which prevails nen- erally and it would be unjust to the great body ot taxpayers were the values for assessment purposes of the railroad com panies so disproportionately low as to per mit mem to escape tneir just and tair proportion of the taxes needful for the public revenue. in the first return by respondents It was admitted that they had not assessed the rrancnises or tne dirrerent corporations whose properties It waa their duty to as sers for the reason that they did not be lieve they were possessed with the au thority and power to assess such fran chises. In their amended return they al lege In detail what action was taken and from these allegations In the amended answer and the evidence adduced, ask us 10 conciutie, as a matter or law, mat tne franchises of the different corporations were considered, valued and actually as sessed with the tangible property all as a unit. Intent of the I .aw. It Is nhvlnim the lelalotlve intendment was to have all the tangible property of all corporations other than railroad, tele graph and sleeping and dining car com panies assessed as other tangible property and that the value of the remainder or In tangible property was to be ascertained by finding the value of Its entire property as represented by Its capital stock and then, by deducting the value of the tangible property, Its Intangible, or that which was represented by its franchise rights, should be assessed as a separate and distinct Item. It Is contended that this applies also to railroad corporations, but this cannot be upheld. The legislature has provided an other and different method for these cor porations. Had It Intended that this method should be followed In tho cae of ruliroad and kindred corporations It would 110 doubt have expressed Itself so In apt terms. The capital stock of such corpora tions usually represents property and as sets situated In many different states and In several taxing Jurisdictions and to com ply literally with the provisions In this state would be utterly Impracticable and Impossible. In the assessment of such properties the main object to be accomplished Is to tlx the valuation with reference to uniformity as regards assessments generally. In de termining this value It Is the duty of the board to consider all factors having the elements of property and which enter Into and form a part of the total property nnd assets. Whether the property be tangible or Intangible or a valuable privilege or contract right which enhances the value of the corporate estate and adds to ita Income earning capacity. It should be con sidered and taken Into account by the assessing board. Regarding the subject of uniformity of assessment. It may be said that no fixed or Inflexible rule can be laid down. A valid assessment can result only In the exerrtee of an honest Judgment. Much of the prop erty of railroad companies Is of such a nature and so situated that In the ascer tainment of its value the ordinary methods as applied to property generally la of no practical benefit. A railroad right-of-way, roadbed, ties, Irons, etc., required for the necessary and successful operation of tha road and the conduct of the business are of such a character that It would be diffi cult indeed to say what Its market value Is, determined alone by the consideration of what It would bring In cash If exposed to public sale. Such a property cannot be separated Into broken parts, as It may be located and used In different taxing Juris dictions. The property can have but one true valve, whatever may be the purpose of the Investigation. Rule for Valuation. Whether It be for the purpose of fixing reasonable rates for the transportation of passengers and freight or for the purposn of taxation, the rule to be applied should be the same If the railroads Insist that their property Is ct a certain value for the purpose of determining what are reasonable maximum charges for traffic, they have no ground of complaint if the same property Is assessed at the same value for taxation purposes. In the maximum freight rate case from this state Mr. Justice Brewer said that the basis of all calculations must rbe the fair value of the property being used by it ror tne convenience or tne public. What the company Is entitled to ask is a fair return upon the value of that which It employs for the public convenience. As to the Inclusion of the value of stocks and bonds. It Is Insisted and not without merit that these are at times and in many Instances more or ! ss fictitious, occasioned by abnormal conditions and frequently re sult from manipulations on boards of trade and In the stock markets. While conceding that market value may not always furnish the best evidence or the exclusive criterion of the value of the corporate property. It cannot be gainsaid that the amount and value of such stoc ks and bonds, If not sub ject to extraneous Influences, would very generally. If not uniformly, be a most Im portant factor In the determination of the value of the corporate property which they represent. We do not wish to be understood as sav ing that a valid assessment may not be made without resorting to tne method lust discussed. There are no doubt other ave nues of Information and other factors proier to be considered and when so con sidered cannot be treated aa a nullity nor can the deduction that property has been omitted which It Is the duty of the board to assess properly be made. e nave seen that the property should be assessed as a unit and If In making such assessment the board omitted no property which It was required to assess we cannot Issue a writ requiring them to do that which they have already done, even though the court be of the opinion that the method adopted Is not the one best calculated to produce more nearly the most accurate result. Deductions from Testimony. If the board acted honestly, If It assessed the Intangible with the tangible, if the al legations In the amended return are sus tained by the evidence, then such return la conclusive and a peremptory writ of mandamus cannot Issue. It Is fairly to be deduced from the testimony that the board acted largely on the prior assessments without entering Into any very extended and exhaustive investigation on its own behalf. The only lnlrtuie deducible frum the evtdeiue Is that th.' board s valuation was that which it has used and by reason nf Ita use as iroven by the fact that had It considered only the physical value of the property, there would be m sui h dis crepancies as apar in the valuations of main lines and branches. The relator arg'ie that while the value f all railroad proprtl.- In the stale has Increased at a very great rule In rer nt Year, the stocks almost doubling lu value the value foi taxation per poses la lub- (Contlaucd oa Second Fags.) CONDITION 0FJTHE WEATHER Forecast for Nebraska Fair Monday, Warmer In Western portion and Cooler In Kastern Portion; Tuesday Fair and Warmer. Temperature at Omaha Vesterdnyi llnnr. Ieir. llonr. le. ft a. m I2 1 p. m n II a. tn 112 It p. in T a. ni 1'J a p. m tt N a. m tfcl 4 p. ni M l a. tn U ft p. m MT lit a. m Ill II p. m tut 11 a. m H.t T p. m 12 tn lift H p. in i'l f p. ni Mil OMAHA'S HK.D I.KTTKR DATES. September at Ak-9nr-Ien Street Fair opens. September 27 President Roosevelt Reviews K.lert rlesl Pageant. October I Ak-Snr-Urn Dnyllaht Pa rade, October 2 Ak-Sr-Hen Electrical Pa rade. October 8 Ak-Ssr-Ilen Royal Court Hall. October 4 Ak-Ssr-llen Street Fair closes. BALL0U SHIFTS THE BLAME Prisoner Pertares that He Was Not Responsible fur Blrmluatham Catastrophe, BIRMINGHAM, Ala., Sept. 21. This was a day of funerals in Birmingham, the bodies of thtrty-elpht victims of the panic in Shiloh church being interred in the various cemeteries for negroes around the city. All the negro churches were crowded. The death list Is now known to total at least 105, and 100 of these have been Iden tified. The police assert that in addition at least five bodies were taken to private houses. This would swell the number to 110. In nearly all of the churches for whites sums were raised today to assist the negroes who are unable to give their dead a proper burial, and a fund aggre gating $500 has been accumulated. Among the victims of the disaster was KaBeougo, an African boy, brought from the Congo Free State two years ago by Rev. S. Phillips Verner of Tuscaloosa. Mr. Verner was a missionary to the Congo country and fell Into a game pit while there. being severely wounded by the point of a' poisoned stake. Kassougo drew the poison from the wound with his mouth, saving Mr. Verner'B life. The latter brought the boy here to educate him. J. H. Ballou, who Is in Jail charged with precipitating the stampede, snys he does not feel responsible for the accident. His statement follows: "I was seated In the front row of the rear platform of the rostrum In company with Major R. R. Wright, president of the Industrial school of Georgia. The presi dent of the convention was arranging seats for the permanent delegates, but evidently was having some trouble. In the same row with me were other delegates, whom the president had requested to give up their seats. He said nothing to Major Wright -or myself, and I, of course, being In company with Major Wright, thought that as he was to retain his seat, I would also. Hicks cams to us and said we must give up those seats, and used abusive lan guage. We paid no attention to him. All of this was before the arrival of Wash ington. "The whole trouble was reported as being caused by Hicks and myself, but such Is not the case. There wee at least half of the people present who came only to hear Washington, and Immediately after he closed his address they left their seats aud started for the door, not only from the first floor, but from the gallery as well. "About this time Hicks again approached Major Wright and myself and ordered us to move, and I, aa spokesman, refused. He then caught me by the lapel of the coat and reached in his hip pocket. While we were scuffling the stampede occurred. Everyone in the church was uneasy, owing to the fact that the chairman had given Instructions that no one else be admitted, as the building would not be safe." KILLS FATHER TO SAVE MOTHER Rot In Connectlcnt Takes Severe Measure to Protect Woman and t'hll.lren. WOONSOCKET, R. I.. Sept. 21. Because he desired to protect bis mother from vio lent treatment at the hands of her hus band, and fearing also that his own life was In danger, William C. Bonln, aged 20 years, shot and killed his father, John B Bonln, aged 42 years, this afternoon. The tragedy occurred at the Factory boarding house, of which his father was proprietor at Slatersvllle, North Smlthfleld. There were present at the time also five small children of the family. Atfer the shooting young Bonln went to bis room, put on hla best clothes and waited until the officer who had been called by bis mother came for him. He said It was better for his father to be dead than to be guilty of the crime of killing his wife and then him self, aa ha had often threatened to do. MAY CONTEST STRATT0N WILL Son Not Satisfied with the Amount Left to Him by His Father. COLORADO 61 RINGS, Colo., Sept. 21. Nothing could be ascertained today rela tlve to the probability or possibility of a contest between the heirs over the Strat- ton will, which gives $10,000,000 or more for a home for the sick. It is understood from a close friend of Mr. Stratton's that the son, I. H. Stratton, declared some time before his father's death that If the will did not give him a specified sum he would contest it, and that the sum left him Is much less than the sum he named. He has not announced any intention of con testing however, nor has he authorized ths statement that bs is likely to. IT IS NEWSAT WELLESLEY Colics; Pitt Knows Nothing- of French President's Wife's Re ported Intention to Send Girls. BOSTON, Sept. 21. Inquiry of Prealdent Hazard of Wellesley college today brought out the Information that the Wellesley au thorities know nothlug of the reported ac tion of Madame Lou bet, wife of the presi dent of France, In designating young women to be sent to Wellesley and Vassar. Movements of Urrnn Yeaarla Sept. 31. At Southampton Hailed: Frledrlrh der Grosse. from iiremen, for New York. At Siilly Passed: Minneapolis, from New York, for London. At London Arrived: Menominee, from New York At Movllle Arrived: Parisian, from Llerp'd, for Montreal, and proceeded At Han Kranrimo Arrived: BatUesblD J Oregou, from il.tiiitrtuu. OLSEN FATALLY SHOT Kan Wha Mardered Mary Fatarsai in Omaha Ntda No Trial Jury. RECOGNIZED ON STREETS OF BANCROFT Coaitable Ooapla and fossa at Oioa Starta in Pirauit, DRAWS REVOLVER WHEN OVERHAULED Aniwar ta Demonstration ia Three Rifle Shots, Oae Fatal. UNCLE OF DEAD GIRL IDENTIFIES HIM Olsen Spent Maht In Town and Appar ently Made So Effort at Conceal ment, Thonah He Waa Known There. BANCROFT. Neb., Sept. 21. (Special Telegram.) Peter Olsen, who shot Mary Petersen In Omaha on the night of Septem ber 8, was shot and almost Instantly killed here this morning. He came to town last evening and registered at ths Park hotel as W. Johnson, having supper, bed and breakfast, paying for the same thla morning. He was around town all evening and got shaved at the barber shop, but was not recognized by anyone. This morning Lee Fletcher came to town, and although he only saw Olsen once about six months ago, he recognised him, but was not certain enough to cause bis ar rest. He left a man to watch him and hurried out in the country for M. P. John son, an uncle of the murdered girl, and with whom Olspn had visited last June. Olsen also recognized Mr. Fletcher and seemed to know they were after him and left town. As Mr. Johnson was coming in he saw Olsen going up the railroad and recognized him by his walk. He at once notified Constable J. O. Copple, who or ganized a posse and started In pursuit, overtaking him about three miles from town. Constable Copple and John Farley, armed with rifles, were the first to be on the scene, and when about fifty yards from Olsen they dismounted, and taking refuge back of a culvert ordered him to surren der. He reached for his revolver and th second command was given, when the re volver was flourished. The order was given to shoot; three rlflt shots were flred. onlv one taking effect, entering about three Inches above the na vel and passing entirely through the body. Upon examination it was found that tbt ' revolver contained only one shell and thai had been snapped three times. There wert no papers on his person. The revolver and $15.55 In money was all that was found. He was loaded Into a buggy and brought to town, where closer examination wai held. The clothes he wore, the scars on hit neck and the scar on his side where h was operated on for appendicitis tallied exactly with the description . sent out by the Omaha police, Coroner Sammons, Sheriff Kloke and County Attorney Hunker came over from West Point this evening, and upon ex amination said that there was no question but that he was the right man. History of the Crime. The police of Omaha were considerably worried at first when the news of the shooting of Olsen was received, for fear that he had been shot on the strength of the description sent out and that a mis take might have been made. They are now satisfied, however, that the dead man Is Olsen, as another message from Bancroft later was to the effect that the uncle of the dead girl had positively Identified him. Johnson had known htm for years and the police believe that no mistake In the Iden tity is possible. An officer will be sent to Bancroft today, however, to make sure that no mistake has been made. Bancroft Is on the St. Paul & Omaha road, seventy-three miles north of Omaha. After the murder Olsen was traced to Ruser's park by the Omaha police, and there ha headed north. From that Ume until ha was seen at Bancroft no trace of hlra was found. The police believe that Olsen did not catct. a train at the crossing near Ruseru park, but traveled at night and re mained In hiding durlcg the day, walking most of the way to Bancroft. The police were notified that an inquest would be held Sunday afternoon. Ths death of Olsen Is the final act In a most cold-blooded and unprovoked mur der. He had been madly and hopelessly In love with Mary Petersen for ten years, and during that time she had discouraged his attentions. The night before the mur der she had left home to avoid seeing him, and when Olsen was Informed of this by a younger sister of the murdered girl he appeared very down-hearted as he left the house. The following night, Septem ber 8, Olsen came to the house, 240C Pa cific street, and without knocking opened the door to the kitchen and entered. In the room were Mary Petersen, her mother and her sister. Without a word Olsen stepped to within a few feet of Mary Pe tersen and flred. As the girl fell to ths floor Olsen replaced the revolver In hla pocket and left the house. The ball en tered the left breast. The Injured girl lingered between life and death until tha following Saturday morning, when she died at St. Joseph's hospital without having re gained consciousness. Olsen came to America from Denmark ten years ago with the Petersen family and for a number of yeara was looked after by them as one of the family. At the time of the murder he was employed by Nels Nellsen, a dairyman, at Fifty-seventh and Center streets. In his room the police found a note which he bad left conveying the impression that he Intended to taku his own life. Although the police were on his trail less than thirty minutes after the shooting they got no trace of him after he was seen at Ruser's park two hours later. Mary Petersen, the murdered woman, was the sole support of an inva lid father, an aged mother and a young sister. Relatives of the dead girl ex pressed their satisfaction at Olsen'a death. M'COOK'S BRIGADE RETURNS It la Trsmplsi t Old Battlefields and Prcpsrlns; to Krect Monuments and Markers. ATLANTA, Ga., Bept. 21. A number of survivors of Colonel Dan McCook's brlgtds spent the day at Marietta, Ga., where me morial services were held this afternoon in the National cemetery. The brigade was organized In Chicago and the visit through the south will include battlefields wbers the brigade fought during ths civil war. The survivors will erect monuments and markers on the different positions held by the brigade during tha battles fought. (.Continued oa Third Fag)