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The Omaha Daily Bee.
ESTAI'.LISHKI) JUXK 1J), 1871. OMAHA, SATURDAY MOHNIMt, NOVEMDElt 22, 1902-TW12LVE PAGES. SINGLE COPY THREE CENTS. : A y SETTLE OUT OF COURT Miiert and Operator! May AgTes Without Further Arbitration. COMMISSION ADJOURNS TO GIVE TIME Deposition 8bown to Avoid Prolonged Hearing of Cam. BASIS OF NEGOTIATIONS FIXED UPON Tan Per Gent Increase, Hins-Honr Day and Trade Agreement. MORE DOCTORS DESCRIBE MEN'S HEALTH Xany Arc Driven Insane aa Result of Their Affliction and Some Die for Want of Sanitary Ambulances. nCRANTON, ra.. Nor. 21. The miners and mln owner have agreed to attempt to adjust their differences without the aid of the strike commission. The proposition was made on a compromise basis, and ne gotiations, it is expected, will be at once entered upon, with a reasonable hope of settlement. The proposition which Is to form the basis of negotiations, comprises three points. 1. A 10 per cent Increase In wages. 2. A nlie-hour day. t. A trade agreement between the men and their employer. The only one of the four demands not touched upon Is that of weighing coal by the legal ton. While both sides have ex pressed a willingness to settle their dif ferences among themselves, this does not necessitate the acceptance of the terms proposed. They are only mentioned as a basis for the negotiations and It la pos sible the whole scheme may be wrecked by either party holding out too strongly on some one point, and thus forcing the whole matter back Into the hands of the com missioners, who In the meantime will act as a sort of a board of conciliation. Wlik to Harry End. The move, created a mild sensation when it became known. It Is said It was -all brought about by both sides seeing that the proceedings before the commission would be Indeterminable, and In the Inter- . mingling of lawyers, the present proposi tion materialised. It cannot be officially atated which party first made the suggestion. Attorneys for both sides are averse to talking and dif ferent stories are afloat. Counsel for one of the railroads said It came from the min ers' aide,- while one lawyer for the miners aid It came from the operator. Another representative of the miners said ' It was "spontaneous" proposition. It is gen . erally believed, however, that the operators were the first to make the proposition.' Wayne MacVeagh, Is Indeed, , generally given credit for the present altuatlon. He vent t New Tork after he had finished With Mr. Mitchell and had a conference iUf(ta4nr'cr(xo,-'alhonr themVir is Mid, with J. P. Morgan. Tha commissioners were Informed of the tew turn of affairs last night and ac quiesced In the arrangement. The proposi tion did not even directly come up during public hearing today, and adjournmeut was made, nominally, to permit both aides to complete their documentary evidence. Clarence 8. Darrow, near the close of today'a session, suggested that the miners be given more time to prepare their evi dence. They wanted to present the wage statements of thousands of miners, and they found the task a stupendous one. 'They also wanted to carefully examine tho companlea books and this, too, would take considerable time. Judge Gray Makes Announcement. Judge Gray In reply! said: 'We have been aware for some time, that while the testimony adduced has been very Interesting and not without value, nothing has yet borne directly on the points at Issue.' Acceding to the suggestion Just made by counsel that an Interval of time be al lowed for the preparation of the docu mentary evidence, and for a possible agree ment as to certain facts and figures, which would forward the work of thin commls aion, the commission hopes that an effort will be made by the parties to come to agreement on nearly all, if not all, the ttiatlers now in controversy snd that they will adopt the suggestion heretofore made by tha commission to counsel on both Bides that we aid them In such an effort by our conciliatory offices. It seems to us that many of the conditions complained of and which have been the subject and st:idy of our examinations might bo better remedied by the parties to the controversy approach ing the subject In a proper spirit and with the purpose of fairly adjusting them. We hope, gentlemen, thttt the interval of time to be granted tnuy be availed of with this end In view. Of course In the meantime we shall proceed with the work before us as we have begun It. Everett Warren, attorney for the Erie Railroad company, coincided with the views of the commission and the attorneys for the operators' aids auggested an adjourn ment of a week or ten days. Eventually an adjournment waa taken at 13:45 until tomorrow, when it la believed tha suggestion for a week or ten days' ad journment will be adopted. During the entire proceedings the matter of a settle ment was not spoken of, except In the chairman's announcement. Baer'a Company Holds Aloof. It was learned tonight that all the Urge companlea have not assented to the pro posed outside arbitration, but In all prob ability they will do ao and continue to work as a unit. The Philadelphia & Read ing company, among othera, la understood not to have agreed yet. Those who are said to be In tha scheme are the Delaware, Lackawanna Western, the Delaware A Hudson and the Erie company, which con trols the Pennsylvania Coal company, and th Hillside Coal and Iron company. The attorneys of some of the other companies re hourly expecting to hear from the head offices of the corporations they represent. There is a wide difference of opinions aa to whether thla attempt at settlement will succeed. It Is believed by the lawyera that it will succeed, but that some controversial points will hav to go before the arbl tratora. It baa been realised that at least two of the demands of the miners, that for a uniform scale and the weighing of coal cannot be satisfactorily settled in the bearing room, but must be fixed at the .mines There are upward of S60 collieries and hardly any two of them alike It Is argued by tha operators that there must be a different seal for each one on account of the varying conditions and flat a uniform . wage acale, which la one of the miners' demands, is impoa ible. Regard log the weighing of coal the operators say that It would ba 1m possible to grant the demands as presented by the miners because of the non-exist ence of machinery or any system by which Jk miner can ba paid for the 1,140 pounda (Continued on Second Page.) CHAMBERLAIN IS IRRITATED Appeal of the llnrrt for Help Kettle the Colonial Secretary of Great Britain. LONDON, Nov. 21. A iti ok 10 in nurr k-ih'iiiu T.fc. world was published today. hi . " General Botha, Colonial Secretary" ,. berlaln protests against tha "exaggerav. of the appeal" and the "incorrect impres alona conveyed thereby," and points out that in addition to the gift of $15,000,000 for the relief of the Boers, Great Britain had been spending ll.Onfl.OOO monthly since the close of the war In maintaining the burgher camps aa organizations to enable the peo ple to return to their homes. Mr. Chamberlain also suggests that large aums were remitted by the Transvaal to Europe during the war. He says there must bo a large balance there remaining and invites General Botha's co-operation In finding the persons to whom the money was entrusted and in recovering the bal ance, when, he says. Great Britain Is pre pared to add to the sums alreadv provided for the relief of the burghers. General Botha, In reply, saye that until Mr. Chamberlain made his speech of No vember 6 he understood that the $15,000 00ft wtg partBl compensation for war losses. If he had known that It was solely for the relief of destitution the appeal In such form would not have been issued. The general declares that he la unaware that any sums were remitted to Europe as alleged and that if such sums exist he would be very glad to s.e them devoted to the objects mentioned. He concludes with a congratulatory reference to Mr. Chamber lain'! approaching trip to South Africa and an expression of his wish that the con troversy regarding the past should be ended and that both sides address themselves entirely to the necessities of the present and future. GIFT EV0KES CRITICISM Osborne Home BUI Transferrins; Es tate to Nation Goes to Sec ond Reading;. LONDON, Nov. 21. The Osborne estate bill, providing tor the transfer to the nation of the Osborne house estate, Isle of Wight, from King Edward, whose property It be came under the will of the late Queen Victoria, passed Its second reading In the Houso of Commons this afternoon, after some criticisms reflecting the feeling on the subject In royal circles, In which there has been much agitation ever since the king first proposed to present the Osborne bouse estate to the nation. In announcing the gift .of the Osborne house estate to the nation at the time of the coronation King Edward expressed the hope that it would be devoted to national purposes and be converted Into a conval escent horns for officers of the navy and army whose health had been Impaired In rendering services to their country. Queen Victoria's will has never been pub lished, hut there la very high authority for saying that the bequest waa not her Idea. A a matter of fact, she left prop erty to tha king for life, with the revision to the prince of Wales., Falling, the latter J l lie property was to go to ner aaugmers or the prince of Wales' heirs. The king, however. Insisted on giving it to the nation aa a memorial. During the course of the discussion in Parliament today, Mr. Ritchie, the chan cellor of the exchequer, admitted that the bill waa at variance with the will and the wishes of the late queen, and Bald that "but for that, the bill would not have been necessary." All of the pictures, statuary and other articles of value and of historical Interest have been removed to Windsor castle. This Includes the contents of the prince con sort's room, which Queen Victoria left un touched as it existed during his life. VENEZUELA STILL PROTESTS Notifies Britain that Orinoco Is Not Intended for Foreign Warships. CARACAS, Nov. 21. The Venezuelan government haa energetically protested against the entrance of the Orinoco river by the British sloop Fantome, which action It la claimed waa an Infringement of Vene- xuelan sovereignty. ' General Velutlnl Is conferring with Pros ldent Castro concerning the campaigns against Barcelonla and Cludad Bolivar, which Senor Garrldo atated could be oe cupled In two days without opposition. He compares the present condition with that existing in the Phlllplpnes, claiming that the rebels are brigands. He says the revolutionary General Ro tando, with only aeven men, passed through Guana re, Zamora province, in the direction of Barcelona. According to private Information received here Rolando and hla staff are preparing to gather men for the defense of Barce lonla. Lorenzo Guervera with bis principal sub ordlnates, surrendered today at Rio Chico, Miranda province, sixty miles from Cara cas, with 600 men armed with Mausers and 400,000 rounds of ammunition. The gov ernment declarea that thla is a further evidence of the disintegration of the rev olutlon. KING DINES BROTHER RULER Gives Brilliant Fnnrtlon at Windsor Castle In Portugal'a Honor. WINDSOR, Nov. 21. A state banquet of fifty covers was given in St. Georgo'a hall at Windsor castle tonight. Among King Edward's guesta were the king of Portu gal, the duke and duchess of Connaught the duke and duchess of Fife, Prince and Princess Christian, the Duke and duchess of Devonshire, the duke and duchess of Marlborough and Mr. and Mrs. Chamber lain. Afterward, the party, with over 100 In vited guests, witnessej a performance of J. M. Barrie'a comedy, "Quality Street,' given by Seymour Hicks. Ellaline Terries and the Vaudeville theater company. The Waterloo chamber was temporarily con verted into a theater and beautifully deco rated with flowers from the castle gardens. COLOMBIAN REVOLT IS OVER Warrlag Factions Mara Peace Treaty on Board American Vessel. PANAMA, Nov. 21. Consul General Gud ger landed from Wisconsin at 4 thla after noon, bringing the news that a treaty o peace haa been signed thla afternoon by ths revolutionary general, Herrera and the government commissioners. Rear Admiral Casey will sail tomorrow, PRESIDENT IS AT HIS DESK Begini to Dispose of the Mas of Aocnmn ' lated Business. TO PUT FINISHING TOUCHES ON MESSAGE lent la About Completed, bnt v -l I n a Some Portions Presl Wishes to Consult Hepab Ixss Lenders In Con arena. WASHINGTON, Nov. 21. President Roosevelt arrived here at 8 o'clock thla morning over the Southern railroad. A little crowd waa at the station to welcome his return. As he left the train he shook hands with the engineer and firemen and thanked them for the safe run they had made. Tha president and Secretary Cor telyou were driven direct to the White House. Before 10 o'clock thla morning the presi dent reached hla office In the executive building. He began at once to dispose of a mass of business which had accumulated during his absence. Trior to the meeting of the cabinet, which had been called for 11 o'clock, the president found time to hold brief Inter views with Senators Burrows of Michigan, Scott of West Virginia and Lodge of Massachusetts. During the next four or five daya, as opportunity may offer, the president will put the finishing touches upon his annual message to congress. It la understood that the message will be sent to congresa on the second day of the approaching session. Tuesday, December 2, owing to the tact hat deaths of members of both houses have occurred during the recess, which will necessitate an adjournment on Mon day. The document la almost completed, but some points of it are yet to be written finally and the whole revised. During the early daya of next week the president will consult on parts of his message with republican leaders In con gress. Cabinet Members All Present. Every member of the cabinet waa present at today's meeting. It was comparatively brief, lasting only about an hour. At Its conclusion It was stated that no business of serious consequence waa transacted, al though some subjects of importance were considered briefly. Secretary Hay brought with him aome documents relating to the status of nego- ationa pending with Colombia with respect to the Panama canal treaty. He reported tho status of the negotiations, and It la stated that the president will not be able to say In hla message that he la ready to submit to congress a treaty with Colombia In accordance with the Spooner act. Some portion of the president's forthcom ing message to congress were considered. but as the features of the document con cerning which any difference of opinion might arise have not been prepared defi nitely, and will not be until the president shall have had time to further discuss them with the leaders In both branchea of con gress, little respecting the message waa accomplished. . . ' Secretary" Root remained with the presi dent for a time- after the other members had left the executive offices. It la known that they discussed mattera relating to the War department. Confers with Both Bides. Several of the leaders In both branchea of congresa have been invited by the presi dent to call on him at the executive offices next Monday. He will discuss with them the features of hla forthcoming message relating to trusts and the tariff. The presi dent hopes, as a result of his conferences with republican leaders to facilitate the work of the approaching session and pave the way for a reconciliation of differences between the two houses. ROOSEVELT IN PHILADELPHIA Will Open School and Visit lalos Veterans Besides Attending; Social Functions. PHILADELPHIA, Nov. 21. President Roosevelt will be the guest of honor at two celebrations in this city tomorrow. Accompanied by several members of his cabinet be will attend the dedicatory exer cises of the Central High school for boys during the day and In the evening will participate in the observance of Founders' day at the Union League. He la expected to arrive at 11:45. Elaborate preparations for his reception have been made by the board of education and the officers and members of the Union League. During the Interval between the ceremonies be will be lunched by Charlea Emory Smith, former postmaster, and at tend a reception at the house of E. T, Stotesbery, a director of the Union League. The presidential party will include Sec retary Shaw, the postmaster general, Sec retary Hitchcock, Secretary Wilson, Georgo B. Cortelyou, secretary to tha president and Dr. George A. Lung, United Slates navy. OMAHA MAN IS CHOSEN W. 8. Wright Made a Member of Ex ecutive Committee National Hardware Association. NEW ORLEANS, Nov. 21. The National Hardware association and the American Hardware Manufacturers' association elected officers today. Those of the Na tional Hardware association are: President, R. A. Kirk. St. Paul; first vice president, John C. Knock, Milwaukee aecond vice president, Bruce Hayden, San Francisco: Secretary-treasurer, T. James Fernley, Philadelphia. W. 8. Wright of Omaha waa choaen as member of the executive committee. The officers elected by the American Hardware Manufacturers' association are: President. Fayette E. Plumb, Phlladel phla; first vice president, F. S. Kretzlnger, Fort Madison, la.; aecond vine president, J, B. Btrge, St. Louis; secretary-treasurer, F. D. Mitchell. SHOTS STOP PRIZE FIGHT Two Men Arc Killed and Two Others Receive Injuries In Fnsllade. GUTHRIE. Okl., Nov. 21. Trouble aroae at a prize fight in Oklahoma City tonight and within a few aecooda twenty-five shots were fired. Ooldie Fllson fell dead with five bullet In hla head, hia brother waa fatally In Jured with a ahot through ths neck and two unidentified men were shot, one through the shoulder and tha other through the le. The fight had reached its fourth round when tha melee started. MAN SLAYER MAY BE EXEMPT on of Minister to Guatemala Shoots Mlehlaan Man and Takes Refuge In American Legation. WASHING! ON, Nov. 21. The State de partment has been Informed that Godfrey Hunter, Jr., son of the United States min ister at Guatemala City, today shot and killed Fitzgerald of Grand Rapids, Mich. He then took refuge In the legation and an Interesting question haa arisen aa to hla exemption from arrest. Important details are lacking in the re port of the affair and the officers are In doubt as to what should be done. Tbey have no notion of surrendering an Ameri can citizen to the Guatemalan authorltlea without protest, unless convinced the man Is a proper subject for punishment. Even then 11 la not certala that the department itself has the right to waive any legal exemption Hunter might have. Interna tional law laya down the precept that an ambassador or minister may not of hla own accord surrender any such exemption in hla own case. Young Hunter was accompanied at the time of the shooting by the secretary of legation. Thla official la set down In the register aa being James G. Bailey of Ken tucky, who went out in June, 1901. The cable, rather by auggestlon than by direct atatement, gives ground for an inference that the killing waa provoked. Not much la known here of the person ality of Godfrey Hunter, jr., and it la Im possible to learn definitely whether or not be waa connected with the United States legation at Guatemala City at the time of the killing. That be had been a clerk or typewriter In tha legation has been estab lished, but It la thought this connection haa been terminated for some ttme. This point will be Important In establishing hla exemption from arrest, because a legatloa employe enjoys a large part of the privi leges conferred on an ambassador or min ister. Another point that may operate in Hunter'a favor Is his kinship to the min ister.. He waa certainly a member of the minister's family, and that fact 'might bo regarded aa sufficient to base a claim of exemption. ' The excitement, in .the neighborhood of the legation in Guatemala City has made It difficult for the department to obtain any information from an unbiased person connected with the legation and not in volved In the affray. ' Therefore It la prob able that It will await aome application of the Guatemalan authorltlea for the sur render of young Hunter. It I suggested here that the abootlng affray may have been tha result of the recent relief of Dr. Hunter from his post as minister. The dootor haa been steadily embroiled with members of the American colony almost since ha assumed office In 1897 and lately, owtng to hla connection with a government railroad and other mat tera not supposed to be proper for a mln later to meddle with,, the pressure became so acute that tho department waa obliged to relieve him from office. It may be that Fitzgerald waa connected In some way with the charges against tha minister. GRAND RAPIDS, Mich., Nov. . 21. Wil liam Fitzgerald was born her . ant) waa about 3,1 years of age, r , Seven- or eight yesnrs-" TV he went to Guatemala, where he belt aoveraF different government positions. Ha ra said by hla relatives here to have been private sec re tary of the prealdent of Guatemala for some time. MERGER HEARING POSTPONED Next Evidence to Be Taken by the Ex aminer In St. Paul De cember B. NEW YORK, Nov. 21. Replying to quea tlona of counsel for the state of Minnesota In the hearing of the case of that atate against the Northern Securities company. D. Willis James, a director of the company testified that he owned 35,000 shares of Great Northern stock, 6,000 shares of Northern Pacific common and 1,200 sharea of Northern Pacific preferred before the organization of the Northern Securities company. After the panic of May 9, 1901, he bought 6,000 more Northern Pacific sharea from J. P. Morgan ft Co. Mr. James said that he and aome of hia friends decided It would be wise to put their Interests in Great Northern and in reply to a further question he said: ' "The raid of May 9 showed it waa possl ble that a like attack might be made on Great Northern." "And you decided to unite your interests with Mr. Kennedy, Mr. Hill. Mr. Morgan and othera?" asked M. de Munn, counsel for Minnesota. "We thought it best for the Interests of all concerned that the control should re main where It waa. Mr. Hlll'j management had been most successful." The witness said he and his friends' did not own a controlling interest in the North ern Pacific aa well aa the Great Northern unless the Interests held by J. P. Morgan ft Co. In the Northern Pacific were included and then only In case the preferred stock waa retired. The witness said he turned in his stock because he deemed it best and wisest. "You walked right up to the threshold of thla company and surrendered $35,000,000 of stock In the new company without any un derstanding among yourselves?" asked Mr Munn. "I thought it for the best." "And all your friends did aa you did?" "I can apeak only for myself." Mr. Munn announced that he would pre aent no further testimony until the exam Iner atta In St. Paul. Mr. Ingersoll, the examiner, aet December 6 in St, Paul for the next hearing. Mr. Ingersoll announced that the further hearing in the federal auit agalnat the Se curities company bad been poatponed by consent until November 25. COURTS POWERLESS TO ACT Philippine Friar's Death by Water Cure Cannot Be Lea-ally Avenged. WASHINGTON. Nov. 21. The secretary of war today aent to the attorney general papers in the case of Father Augustine who died from the effects of tha "water cure'' administered by soldiers of a Ver mont regiment, while serving in the Phil lpplnea. The case baa been thoroughly Inveatt gated by the Judge advocate general of tha army upon ths charges brought by Charles Franc la Adams, Herbert Welsh and others of what waa known as ths Lake Georg conference. It la aald the guilt haa not been brought home to any person now serving In th army. It la expected, therefore, that the attorney general will declare that ncithe the courta In this country nor those 1 the Philippines have any Jurisdiction aver the men or officers who have been dla charged from ths army. ATTACHMENT FOR STRIKERS Cited for Contempt on Charge of Violating Injunction of Federal Court. MARSHAL SERVED PAPERS LAST NIGHT Men Served Sny They Have Obeyed the Injunction In Letter and Spirit let for Hearing Friday. The second step In the legal proceedings which the Union Pacific la taking against the striking employes, waa made yesterday fternoon, and last night attachments were served upon a down or more of the strik ers calling upon them to appear before Judge Munger at 9:30 a. m., Friday, No vember 28, to show cause why they should not be punished tor contempt of court. In violating the orders and decreea of the court in the injunction which waa Is sued against the strikers a few weeks ago. The order waa placed In the banda of the United States marshal late In the evening and was aerved by the deputies after 8 o'clock. The order was based upon the application of John N. Baldwin, solicitor of the Union Pacific Railroad company, and an affidavit waa filed by William T. Canada, chief of the special service of that road. It is said that complaints against the men cover several phases of the recent order; that picketing is made one of the charges, and that there la particular ob jection because the pickets speak to the strike-breakers as they pass back and forth from their work. The parties cited for contempt are: Wil liam Richelieu, John H. Blxton, Thomas Boyd, Barney McEvoy, Andrew Peacock, John McCarthy, John Ruef, Joseph Cubo, Martin Gibson, Thomaa Richelieu, Peter Wolf. Thomas Barrett, John Bonnevler, Martin Kelly, A. J. Neston, Gordon Thorp, John Clair, Herman Kay, James B. Nelson, John Sullivan, Frank Roberts, Jerry Line- ban, Samuel Gullck, William Britton, T. A. Kcpton, Robert Mulr and Charles Deorr. Thomaa L. Wilson, vice president of the Machinists' union, said last night that he could not understand upon what kind of an affidavit the order waa based, as the men on picket duty have been carefully In structed not to do anything which could be construed into a violation of the or der of court, and that he was certain that the order has not been violated In letter or spirit. FIND WHITE SLAVE DEALERS Philadelphia Police Inearth Glgantlo Conspiracy on Both Sides of the Atlantic. PHILADELPHIA, Nov. 21. As a result of raid conducted by the local police on houses of ill-repute it is announced that evidence will be adduced, which will war rant action by the United Statea author! tleo. It la charged that a syndicate having for lta purpose traffic in young girls, la in op aratlon on both aldea of the Atlantic, with agents scattered ' broadcast' lo lure girls from their homes, especially In foreign countries, to lives of depravity In thla and other cities. The investigation waa primarily Inspired by the consular service and the raid re sulted In the arrest of 113 girls, and a num ber of men, somo of the latter suspected of being agents In the sinister business. The man suspected of being the leader In the conspiracy here, haa thus far evaded arrest, but the authorities express confl dence In their ability to shortly appre hend him. An Important arrest waa made today in the person of Abe Fink, who, the police assert, is one of the distributing agents. Nat Swarts and Louis Schoen, arrested in the raid, are said to occupy similar posi tions. The Investigation concerns principally the resorts wherein are located German and Hebrew girls. The police say they will be able to prove that the head of the nefarious trade has regularly forwarded money to the procuring agenta in Halle Germany. The director of public safety, the super intendent of police. Commissioner Rogers and Rabbi Joseph Krauskopf, devoted much time today to questioning the Inmates of the raided resorts, and are accumulating sufficient evidence to prove the conspiracy to be International in lta scope. Commissioner Rogers will report the re suit of his investigation to the national authorltlea. GUIDI AND TAFT FRIENDLY Discuss Generally Approaching? Nego, tlatlons, but Do Nothing Definite. MANILA, Nov. 21. Governor Taft and Monsignor Guldl exchanged formal visits today and discussed In a general ' way the prospective negotiations. The date on which the negotiations will be begun and the method of work are still unde termined. Monsignor Guldl visited Gov ernor Taft at Malacanan and made a formal address to him. He aald: The scope of our missions Is Identical namely the consideration of affairs which concern Important Interests in these is lands, you acting ror tne civil power and I for the religious power. It will be my first and principal thought to see that your authority is upheld and respected by those dependent on me, and I need hardly say I expect your excellency to do the same for mine and for all the authorltlea of the church. Governor Taft In response welcomed the monsignor and thanked him for hia kindly expressions. The governor continued: The property and rights of the rhurrh must be observed and protected by the government. What these rights are, when in dispute, unless they are settled by an agreement, mut be determined by the courts of Justice. If we can adjust the mutual rights and obligations of the government with the Roman Catholic church by a compromise and agreement without having resort to the courts this is an end devoutly to be wished and an end which I am sure we both seek. REFUSES JURY TO ACHELE Judge Holda Law Allowing; Panel V'n- eoastltatlonal and Will Try Case Alone. DENVER. Nov. 21. District Judge John son today refused a Jury trial to Julius Acbele, clerk of Arapahoe county, on the charge of contempt in certifying namea on the registration lists. His honor held that the amendment to the code allowing Jury trial in contempt cases was unconstitutional. The supreme court today beard argu ments on Achele'a application for a writ of prohibition to restrain Judge Johnson from proceeding with the contempt case and took tha question under advisement. CONDITION OF THE WEATHER Forecast for Nebrsska Fair Snturdny and Sunday; Cooler In North Portion Satur day. Temperntnrc nt Omaha Yesterday! Hoar. lira. Hour. Deg. . 4 1 p. m 4ft .40 2 p. m 4l .41 3 p. m 4U .4(1 4 p. m nt ,41 ft p. m ...... fit .41 l p. m fit . 4'i 7 p. m IIO .4a r p. m ft 9 p. m 4tt 5 n. m . H a. m. T a. m. 8 n. tn . 9 p. an. II) a n. 11 a. m . la aa.. . . , S TOLD TO KEEP HIS GOLD Woman Refuses to Return to Husband Now Rich Who Deserted Her Thirty Years Ago. I HIAWATHA, Kan., Nov. 21. (Sperlal.) Thirty yeara ago W. A. Collins, then a young man, came to Hiawatha from out of the east. He had no money, but he wooed and wed Miss Mary Sprague, tha belle of the village. For three months the couple lived happily, then Colllna sud denly disappeared. From the northland far Colllna came yesterday. He waa bent down with the weight of more than halt a century, while his hair had turned to silver. But he was not poor. With him he brought $50,000 in gold to present to the wife, whom he had deserted more than twenty-five years before. But during the absence of her first hus band Mrs. Collins had wedded again, and she now bears the name of Norman. She refused the proffered gold, although her second husband has been dead for more than a year, she preferred to spend the remainder of her life alone in the little cottage In Hiawatha. Collins owns a large ranch, well Blocked near Custer, 8. D. He Is Bald to have re cently made a trip to Klondike and brought back the gold which he offered his former wife, if she would come to him. Collins refused to make any explanations of hla departure years ago. CODY LEAVES FOR EUROPE Says It la ills Lasti Trip with Show F.lther In This Country or Abrond. CODY, Wyo., Nov. 21. (Special.) In an Interview yesterday Colonel W. F. Cody aald: "I will leave tomorrow for New York, from which port our show sets sail In ten daya for Europe. This will be my last trip, abroad or at home, in the show business. I was born a pioneer, have lived a pioneer and desire to die as a pioneer of this great country. "My Idea of rough rider school to be es tablished at Cody is by no means given up. It has been delayed, but will be or ganized and pushed through to success next season. This school will be an Important factor In' training our hardy young men for the cavalry aerWce and you may say the school will be a sure go." Colonel Cody Is not looking in the best of health, Hla hair haa grown thin and whiter and hla face haa lost the-color of a few-years ago. ! eays be feels .-all right when in the Rocky Mountain region and that a few months' stay here would re. etore hla health and vigor, but the low altitude, denBe and foggy atmosphere . of the cast works havoc with hla health. He la looking forward to a prosperous season abroad and an early return to hla native land. FATAL WORK OF ASSASSIN Arthur L. Collins, Manager of Smuggler-lnlon Mine, Dies of Ills Wounds. the TELLt'RIDE, Colo., Nov. 21. Arthur L. Collins, general manager of the Smuggler Union Mining company, who was shot by an unknown assassin on Wednesday night at Pandora, died thla morning. He was born tn England thirty-three years ago. In consequence of the murder of General Manager Colllna, the Smuggler-Union Min ing company haa closed Its mines and mllla for an Indefinite period. The company employed between 400 and 500 men. DENVER, Nov. 21. Governor Ornian to day offered a reward of $1,000 for the arrest and conviction of the man who killed Mr. Collins. KANSAS CITY BULL FIGHT Mexican Show Arranged In Missouri City for Thanksgiving Day. KANSAS CITY. Nov. 21. Arrangementa have been made for a bull fight In tho convention hall on Thanksgiving night. A ring ninety feet in diameter ia being built In the ball and wild bulla from Chihuahua, Mex., and five Mexican matadora are al ready here. A St. Louis firm who owned the bull fight privileges at the Pan-American expo sition at Buffalo last summer, are the promoters, but It la probable legal pro ceedlnga will be taken to atop the exhibi tion. STAYS STUDENTS' STUDIES Northwestern Faculty Says Boys Maul Be Vacclnnted Before Learning. CHICAGO, Nov. 21. Fifty students of the College of Liberal Arta of Northwestern .university were excluded from classes today because they bad not been vaccinated. Noticea of the mandate were poated on tha college bulletin boards together with the namea of students who had failed to present to the registrar certificates of vac cination. WABASH RATE WAR AVERTED Clover Leaf Agrees Not to Put Pr posed Reduction In Effect. TOLEDO, O., Nov. 21. The rate war threatened between the Clover Leaf and the Wabash haa been adjusted. A conference waa held here today In which F. C. Donald of the Central Passen ger association acted aa peacemaker. Be sides the two roada above mentioned, tha Lake Shore waa also represented. Movements of Ocean Vessels Nov. SI. At Movllle Sailed: Furnessla, from Olaa- gow, fur Mew lurk: Tunisian, for Bt. John, N. B. At Glasgow Arrived: Norwegian, from Boston; Kthlopla, from New York. At Uoulngiie bailed: ftyndam, from Rot terdam, for New York. At Queinstown Arrived: Rhyniand, from fhllaat-ipnia. At Auckland Sailed: Sierra, for San Francisco via faio Pago and Honolulu. At Urowhead Panned : kltrlon, from Boston, for yueeuslown and Liverpool. IOWA TRAIN HELD UP Fifteen Masked Men Dynamite Safe in Express Car. ROBBERY TAKES PLACE NEAR DAVENPORT Engineer Forced to Take Can Three Miles Down Track. EXPRESS ROBBED GOES TO FORT WORTH Leates Chicago Safely, but is Delayed for Nearly Two Honrs. AMOUNT OF BOOTY IS NOT YET KNOWN Probably Proceeds Are large, as Much Treaanre launlly Goes on Lontcit Train from Northern Metrop olis to Western ( onntr), DAVENPORT. Ia . Nov. 21. (Special Tel egram.) Fifteen masked bandits derailed the fast westbound exp.ess train on t' Rock Island road tbrco miles west of hire thla morning, detached the engine aoS presa car and two miles farther west orovo the United Statea Express company's mes senger from the car, dynamited the safe, securing all of Its contents and escaped after making ono of the richest haula on record In this section of the country. The detonation from the discharge of the bomb could be distinctly heard In Davenport, five miles distant. One car la off the track and the express car la a mass of ruins. So far aa known none of the passongera were molested, but It ia feared that harm befell the express messenger. The train which was known aa No. It, bound for Kansas City from Chicago, la due in Davenport at 10:38 p. m. Tonight, however, it was thirty minutes late. At this station two suspicious cbaractera were seen tq board one of the coachea, but nothing was thought of the circum stance at the ttme, although their personal appearance was noted. These men are now, however, believed to have played atar parte In the robbery. The scene of the robbery la a aomewhat lonely spot, heavily aereened from the surrounding territory by a dense growth of timber. It offered an excellent spot tor bandits to consummate a crime of the aort upon which they were bent. One mile east there Is a small switch yard, where a switch engine is stationed. It waa to this point that the train flagman ran when the passenger train was stopped. There the switch engine crew carried him back to Davenport aa rapidly aa possible. The flag man waa unable to give any of the detaila of the robbery other than that there were twelve to fifteen men in the party, and that they had uncoupled the engine and ex press car and taken both a mile or ao west ward before using the dynamite. Later, however, he aald tha robbers stopped the train by placing a red lantern on the track. When the engineer saw tha.. signal he stopped. .!.... Five men boarded tha train, detached the engine and express car's, and forcing the engineer to accompany them, took tbeae cara westward, leaving the reat of the train standing on the main track. When the newa waa received at police headquarters in thla city ths yardmaster of the Rock Island hurriedly made up a apectal train of an engine and one car, and Chief of Police Martin and ten officers were put aboard. Private detectlvea alao accompanied the party. Up to thla hour nothing haa been heard from anyone on tha ground or from any of those who toft thla city. Train No. 11 la one of the popular traina on the Rock Island and la known to carry In the express car thousands of dollars for Kansas City merchants and banka and their correspondenta throughout the west and Bouthwest. This fact waa evidently known to the robbers, else tbey would not have selected this especial train for their work. Railroad and express company officials In timated here tonight when they heard of the robbery and learned that the bandlta had obtained all tha contents of tha safe, that the loss would be one of tha heaviest sustained by any of the express companlea for quite a number of yeara, but ao far It ia Impossible to form any estimate of tha exact loss. The train left Chicago at 6:06 laat night. It waa the fast train that runs through to Fort Worth by way of St. Joseph and Kan- a City. PALMA APPOINTS COMMITTEE Nominates Members of Government to Confer with General Bliss. HAVANA. Nov. 21. President Palma la aued an official order today appointing the aecretary of atate and the secretary of finance a committee to meet General Bliss to discuss the tariff question. It Is understood General Bliss yesterday Intimated that the United Statea expected him to treat with tha government direct and he could not meet a committee com posed of representatives of economic so cieties. It ia expected the first meeting will be held tomorrow and It ia thought tba ap-' polntment of the new committee will ex pedite mattera. There Is a hop that the conference will be brought to conclu sion before December 1. FORM ALLEGED CIGAR TRUST I'alted Statea Company Obtains West Virginia Charter with Immense , Capital. CHARLESTON. W. Va., Nov. 21. A char ter waa Issued today to the United Statea Cigar company of Wilmington, Del., with a capital of 16,600,000. The United Slates Cigar company la tha concern against which the retail tobacco nists of Omaha and other cities have com bined under the name of the Cigar Deaiera Aasociation of America. Tbey allege that the new concern la In reality an offshoot of the Tobacco trust. STEAMER ON DANUBE SINKS Owing to Darkness Thirty of Those on Board Are Drowned in River. VIENNA, Nov. 21. A Danube steamer crowded with workmen sank oft Orsova, a frontier town of Servia, on an Island In ths Danube, yesterday evening. Thirty of those who were on board were drowned. Owing to the darkness the boats from the ahore were only able lo reacua five persons.