Newspaper Page Text
The' Omaha --Daily Bee.
KSTA1IL1S11ED JUNE 10, 1871. OMAHA, .THURSDAY MOK2U2U., FEBIIUAKY li, 1903 TEN PAGES. SINGLE COPY TIIKEli CEJCTH. i COLD WAVE STICKS Weather Diipenier Keep Up Unfriendly Relations With Omaha. TUESDAY TURNS COLDER THAU MONDAY Tampentor Gets Onlj a Fw Degrees A bore Zero Darin; Daj. OTHER PLACES ARE ALSO SUFFERING "Bannj Florida" Even Experiences a Ttrach . . of Freezing Weather. PASSENGER TRAINS ALL RUNNING LATE Railroad Official Says TrTllx U Dfri at This Time aad Is Sarprlsed 1a Hear of Urn Wreeka. Mlatmaaa Temperatarea. Bismarck Huron , Bloux Falla '. Moorhead Duluth ; West Superior St. Paui... Sioux City , Valentine , Minneapolis , tjreen tiay Omaht Pottsvllle, Pa, is Moines , Dubuque ...,., Dsvenoort Chicago Ktniai City Topeka Bt. Louis 30 , 2 24 , 24 , 20 . 18 , IX . IS , IS 15 . 14 14 . 14 . 12 . ! , 8 . 7 , 1 Worth -Alalia , 4 New York Yesterday waa a colder day- In Omaha than wa ita immediate predeces sor. At I a. m. it was three . degreea folder: at noon It was nine degreea colder; at p. m. It waa fif teen degrees colder, and at 9 p. m., just even. At the latter hour yesterday the trend of the mercury was upward, for It waa one degree higher tban It baa been at t p. aa. But even at that, ' It wasn't exactly a warm night. Nobody' had the hammock up on the aide porch, and the aoa of toll and of Irish parents didn't go out on the rear doorstep to smoke to his shirt sleeves and decollete slipper. In fact, the mercury wss still down at 8 above, and the barn c'oor creaked like the dickens. From all of which It mast not be con cluded that Omaha la faring either much worse er Letter than other points la the reme general latitude. At T o'clock when the registration here waa 7 above, the reg ,st ration at Valentine waa 18 above; at Cheyenne, tt above; at Chicago, 4 above; t Davenport, above; at St. Pa,ul, 4 above; et St. Louis, 8 above. Even at Bismarck It waa 4 above. Huron remained obstinate i.nd clung around the 8-below point. It waa cloudy there, and at North Platte, but tit roost polata "clear" waa the evening re port. . . If thlareaerat evening" f fa iBdleatea any thing, it Indicates warmer weather, but ' all tlpa to the effect "that hot days are la immediate prospect should be reported to he police. They're spurious. The mean temperature In Omaha, yester cay waa 4 below. The same day in 1902 It ,aa 22 above; in 1901, 32 above, and In 1900, 22 above. Four degreea colder In Omaha yesterday nornlng than it waa at any time Tuesday, a vtnd of thirty-four miles an hour during the night and the widest part of the twenty-four hours about 7 o'clock In the morning ta the official record at the local Weather bureau. v But It was not the fault of Mr. Welsh. Ha had done his best and predicted slightly warmer temperaturea for the time, and the change which' did come waa "one of those things no fellow can tell about," for tba colder weather waa limited to a comparatively small area along the Mis souri river in eastern 'Nebraska and west- rn Iowa, while the northwest realised upon the prediction of slightly warmer. While it waa 10 degreea below tero at Bismarck It waa 8 degreea below the frees Ing point at New Orleans. Down In "sunny Florida It waa 4 degreea below the trees- Ing paint, and even PbeenU, Aria., tted the Florida eity In temperature, while at San Francisco the mercury waa only 8 degrees above the freeslng point. COLD ALL OVER THE COUNTRY Freealng Weather Aa Far loatk As the Calf and lateaaa Cald ta the North. NORFOLK. Neb., Feb. It. (Special Tele gram.) The minimum temperature last night waa 30 degrees below tero. Tbe wind waa from the northwest and waa about thirty miles per hour. FREMONT, Neb.. Feb. 18. (Special.) The wind shifted into tbe north laat eight and It grew cold fast. At 7 o'clock this morning from II to 13 degreea below aero waa reported la varioaa localities. Tbe cold weather baa delayed the traina on both railroads. Tbe Black Hills train on the Elkbora waa Tour tiurj lata yester day and still later today. Troops atlll Stack la li,w. CHEYENNE, Wyo.. Feb. 18. The weather throughout southern aad eastern Wyoming today waa Sue and the eoow ta melting rapidly. The blockade oa the Denver Pacific and wast of Laramie were lifted todsy and traina ars new moving. ' On the Cbeyenae gad Northern and Elk- horn roads the effects of the storm are atlll felt. Tbe two tralnloads of the Thir teenth cavalry are atlll stuck la tbe snow near Lusk. but they will probably bo re leased soon for a rotary plow and relief train which left Chadroa yesterday are only four em lee away. I Tba rangea are aew In fairly good con dition and with ordinary weather during the remainder of the winter tbe total loasee for the seaeo will not exceed 8 per rent for cattle aad 18 per cent for sheep throughout the atata. Gale mi Dee Melees. DE8 MOINES. Ia.. Feb. 18. A minimum 'of It degreea below sere waa recorded by the government thermometeg this mora Ing, 4 degrees below yesterday aad 3 de greea lower than Monday. The cold la accompanied by a perfect gale, which makes outdoor employment aaoat dangerous. The cold is general throughout the aula and more severe in the northern portion. Suffering among tbe poor la acute. Twaaty-SIs' Be law at tiaaa Fall. SIOUX FALLS. S. D.. Feb. 18 (Special Telegram.) Last night was the coldest of the winter. The government thermometer registered it below at the coldest point (Ooatlaaad oa 6eceu4 Pag-) CHAMBERLAIN IN CAPETOWN Delivers aa A 4 4 res ta the People aad Bkn Powerful Appeal for Unity. CAPETOWN. Feb. II. Colonial Secre tary Chamberlain and bla party r -d here today and received a hearty t tlon from a crcwd of about 10.000 pc awaiting them In Oreen Market Square. . number of addressee were presented to Mr. Chamberlain. During the reading of one of these Prima Minister Sprlngg arrived on the platform and waa hooted with much vigor. Mr. Chamberlain. In the course of bla speech, made a powerful appeal for the union of the races. He admitted, how ever, that since his srrtval in Cape. Colony he had become less hopeful of Immediate satisfactory results from his visit, aa he found that the antagonism of the two races had become chronic. Rebellion waa exalted Into heroism and loyalty was discountenanced and ostracised, even tbe pulpit Joining In the propaganda tending to Intensify tbe separation of the races, On leaving the platform Premier Spring waa sgain msde the subject of a hostile demonstration. ITALIANS CRY FOR WAR Depatles Answer Taaata by Deri ar ia la Farar of Naval a Straggle. ROME, Feb. 18. The chamber of depu Ilea debated today tbe March estimates. In the course of the discussion reference waa made to the defeat of the Italian fleet by the Austrian at Llssa in 1866, and Vies Admiral Morin. minister of marine, aald: "We have worked thirty-six years pre paring tor the day of trial." Thia remark caused a sensation, the members of the left shouting, "Do you want war?" "Yea, we want war," retorted the depu tiea in tbe center. 8ignor Morin continued that, while they do not want war, they were prepared. He opposed a reduction In the navy owing to Italy's geographical situation. A large number of emigrants were leav ing the shores of Italy, he aald, who must be protected. He pointed out that Great Rrltaln France, the l'nlted Btatea and w.j ,lm, j ... other powers had almost doubled its ex- pense of their navies, while Italy had cnt down the naval expenditure by f2.2O0.O00 SPAIN IS AWARDED DAMAGES Bhla Balldera Mast Pay for Delay la Filling; Contract for Vessels. . EDINBURGH. Feb. 18. The court of ses sion today awarded the government of Spain I337.BOO In the action begun here January 20 by the Spanish minister of ma rine, Sanchez Toca, to recover $375,000 from the Clyde Bank Engineering and Ship building company, because of the company's failure to deliver on contract time four torpedo boat destroyers wh(ch bad . been intended for use during, the Spanish, Ameb ic war. .... In the . coarse of tbe Judgment Lord KiUachy. the presiding Judge, aald he thought It more than likely that If Spain, even In the spring of 1897, had been In a poaltloa to establish a really- effective blockade in Cuba against the unloading of munitions of. war,-the insurrection might have been crushed and American In tervention have been avoided. He, there fore, allowed Spain $-,60ff per week for the 135 weeks' delsy, to which it wss en titled under contract. SECOND TRIAL IS FAILURE Water Take System oa British Crwlsera Daea Sat Meet with Expectations. LONDON. Feb. 18. The second trial of the British second class cruisers. Hyacinth and Minerva, fitted with water tube and cylindrical boilers, respectively, haa re sulted ta another defeat for the water tube system. The war ships left Plymouth with aa equal quantity of coal tor Gibraltar, and Minerva ateamed for twelve hours after Hyaclath'a bunkera were emptied. The veaeela recoaled at Gibraltar and atarted oa the race homeward during the morning of February 16. with the result that Minerva reached Portsmouth at 1 o'clock thia morning, having averaged eighteen knots. Hyaclath'a boilers broke down in the Bay of Biscay on Monday morsicg. APPROVES VERDICT OF COURT Fladlna-s ta Trial af Major Glenn Arc Ea4.net hy Gen eral Davis. MANILA. Feb. 18. General Davla haa approved the findings of the court-martial In the case of Major Edwin F. Glenn of the Fifth infantry, who was acquitted January 29 of .the charge of unlawfully killing pris oners of wsr, with the qualification that he disapproves of the orders issued by Major Glenn. Tbe general aaya he recognltea the prin ciple that guidea may be impressed, and that treacherous guides may be executed, but he adda that Major Glena'a orders showed a reckless disregard for human life, which the general condemns and rep rimands. WILHELMINA AGREES TO ACT Will Dealn-nate aa I'mplra la Case . Veaeaaelaa Cwmmlsalea ren net Agree, PARIS. Feb. 18. Foreign Minister Del- casse haa given Ambassador Jusserand at Washington practcally a free hand In the conclualoa of the Franco-Venezuelan proto col. Queen Wllbelmlna wlH designate aa urn plre la caae af a disagreement between the arbitrators. Miners Mnrdered hy Maraa. MANILA, Feb. 18 John Prucba aad E. Chaae, miners, who were working oa a placer claim aixty miles northeast of Zam boaga, Mindanao, were murdered by Msroa ia January. The natlvea surprised and boloed tbe miners. Chaae'a decapitated head waa founded hanging to a tree. Pru cba escaped, but died in the woods from wounds and exposure. Chase was formerly a miner la tbe Klosdlke regions. Prucha'a heme waa at Reading. Pa. Captala and Crow Drowaed. PARA. Brazil. Feb. IS. The British steamer Kelvlaslde, from Buncos Ay res. for this port, has acea sunk la tbe Para river. Th captala aad eight of Lbs crew war drew aed. BEEF TRUST IS ENJOINED Court Holds Packeri Conspired Illegally in Beatraint of Trade. JUDGE GROSSCUP REVIEWS ALLEGATIONS s Ample r.vlaeaee That Cattle If. Were Manipulated aad at Prod arts Cartalled ' ct Competition. CHICAGO. III.,' Feb. 18 The so-called "beef' trust" csce wss disposed of today by Judge Orosscup In the circuit court, the demurrer of the packers being over ruled and a temporary Injunction granted. Tbe packers made no announcement of their future Intentions. They hare until March 4 to discuss the matter. If they deny the facta, upon which Judge Orosscup gave his decision, the mstter will go be fore a master In chancery, who will hear the evidence, and tbe caae will afterward be argued before Judge Qroascup. But In any event It la not believed likely the packera will let the matter go by default, thua making the Injunction permanent. Divides Facta lata Groops. In giving his decision Judge Orosscup arid: For the purpose of clear exposition, the facts set lorth in the petition should be separated Into two groups: First These thitt are intended to bring the transaction within the body of in terstate commerce. Second Thoae that are Intended to lit upon it the character of unlawful com bination and conspiracy. The first group may be stated as fol lows. The defendants, controlling ) per cent of the trade in fresh meata in the I'nited States, buy, in the courseof their business, livestock shipped from . points throughout the I'nited States, which, hav ing been converted Into fresh meats, Is sold attain by them at the places where prepared, to dealers and consumers In other states', or Is sold through their agents, located in other states, to dealers and consumers in the states where the 1 agents are located. The shipments in the nrsi cinns 01 pair are maue airecii iroiri the places where the meat is prepared to the dealers, and in the latter class to the agents in the other states, which, upon sale, deliver directly to the dealer and consumers. What may be called the body of these transactions is two-fold. It reaches back ward to the purchases of cattle that come to defendants from states other than those In which defendants manufacture: and It reaches forward to the sale of the meata aft,r conver9)oni , PHrl) , other lateg. Kach of these transuctic-ns constitute, in my Judgment, interstate commerce. Coming to the other branch of the trrns actlon the sales by defendants a like re sult follows. Unquestionably It is inter state commerce when purchasers from other statea buy directly from the de fendants, and have the meats shipped to them by the vendors. I think the same is true of meat sent to agents, and sold from their stores. The transaction In such cases. In reality, is between the purchaser and the agents' principal. The agents represent the prin cipal at the place where the exchange takes place, bat the transaction, as a com mercial entity, includes the principal and Includes him aa dealing from his place of business, indeed, the principal could, as a citizen of another state, sue upon the transaction in the federal courts; nor hive 1 any question that if the conditions of this case were reversed, so that the defendants were Invoking the shelter, in stead of seeking- to escape the obligations of the ferWat law, it would be found 'com petent to give the protection, aaked. Because a thing can be taxed by the state, it dwi not follow that ft lies outside the body of interstate commerce for commerce. Interstate as well as domestic, is subject to the police and taxing power of the state, so long as tbe exerrixe of such power does not interfere with the national govern ments exlueive right of regulation. Finds Ulea-al Combination. Do the facts set forth In the second group ing Px upon the transaction the character of unlawful combination? The averments are that the defendants are engaged in an unlawful combination ana f-onsplrucy under the Sherman act In 11) Directing snd requiring their purchas ing agents at the markets where the live stock wa.i customarily purchased to refrain from bidding agalnkt each other when mak ing such purchases; C'l In bidding up, through their agents, the price of live stock for a few days at a time, to induce Urge shipments, and then cessing from bids, to obtsin the live stock thus shipped at prices much less than it would bring In the rtgular way; (3) In agreeing at meetlnga between them upon prices to be adopted by all and re striction upon the quantities of meat shipped: ' (41 In directing and requiring their agents throughout the I'nited States to Impose uniform charges for cartage for delivery, thereby Increasing to dealers and consum ers the charges for sucn meats; ' (6) In making sgreement with the trans portation companies for rebates and other discriminative ratea. No one can doubt that these averments State a case of combination. Whether the combination be unlawful or not, depends on whether it Is in restrain of trade. The general meaning of that term Is no longer open to inquiry, it na oeen passed upon carefully by the supreme court In the freight association case and In the traffic caae. It Is clear from them that restraint of trade is not dependent upon any consid eration of reasonableness or unreasonable ness III the combination averred: neither la It to be tested by prices that result from the combination. Indeed, combination that leads directly to lower prices to the con sumer may within the doctrine of these cases, even as against the consumer, be restraint of trade; and combination that leads directly to higher vrlces may, aa against the producer be restraint of trade. The statute, thus Interpreted, has no con cern with prlcts, but looks solely to com petition, and to giving competition full play, by making illegal an effort at restric tion. Whatever combination haa the direct and necessary effect of restricting compe tition is, within the meaning of the Sher man act, aa now Interpreted, restraint of trade. Thus defined, there can be no doubt the agreement of defendants to refrain from bidding against each other for cattle la combinations in restraint of trade; so also their agreement to bid up prices to stimu late shipments. Intending to ceaae from bidding when the shipments arrive. The same result follows when we turn to the commission of defendants to fix prices and restrict the quantities f meat shiied to their agenta or their customers. Such agreements can be nothing less than re straints upon competition and. therefore, combination In restraint of trade. Th.ua viewed, the petition, as an entirety, makes out a caee under tbe Sherman act. It may be true that the way of enforcing anv decree, under this petition Is beset with difficulties and that a literal enforcement may result in vexatious interference with defendant's affairs. Hut In the inquiry be fore me, 1 am not at liberty to stop be fore such considerations. The Sherman act aa Interpreted by the supreme court is the law of the land, and to the law, as 1t stands, both court and people must yield oN-die nee. Demurrer la overruled and the motion for preliminary injunction granted. Tbe defendants enjoined are: Swift and Company, Cudahy Packing company, Ham mond Packing company. Armour Co., Ar mour Packing company; G. H. Hammond company; Schwarxschlld Sulzberger com pany, Ne'isoa Morris d Co. Partners: J. Ogden Armour, P. A. Val entine, Calvin M. Favorite, Arthur Meeker, Thomas J. Connors, Charles 8. Langdoa, Michael Cudahy, Edward A. Cudahy. Pat rick Cudahy, Albert F.' Boscherdt. Oua- tavus F. Swift, Lewis F. Swift, Lawrence A. Canon. D. Edwin Hart well. Jesse P. Lyman, Frank B. Vogel, Louis Pfselzer, William J. Russell. Albert H. Veeder, Henry Veeder, Edward C. Swift, Ferdinand Sulz berger and W. H. . Noyes. Hab savior's Fletare. PETERSBURG. Feb. IS Burglars ST. entered the cathedral of St. Isaac last night and stole three diamonds, valued at liO.OOa from the train t a picture of the oavior. STARTLING INSURANCE FRAUD Sew York District Attorney' Ome Said to Be la Possession af Astoalatilast Fact,. NSW TORK.- Feb. 18 Assistant District Attorney Krotel ssid todsy the Insurance fraud case now under investigation In thia city promised to develop Into one of the most startling ever known In the criminal history of tbe state. "Before the district a'torney'a office ha finished the investigation of the astound ing and extraordinary New York Insurajce frauds." be said, "1 should not be sur prised If It were proved that the consplr ators even went mj far aa to irurder In cold blood to get bodies for the purpose of collecting penalties. We have found that twenty-three substitute bodies were passed off on the Hancock Insurance company at once, and aa toon as the plotters are In dicted these will be exhumed. The inves tigation into the remarkable plot has hardly begun."' The fate of Sarah Weber, who. It Is al leged, died from the effects of brutal treat ment, which, it is charged, she received at (he hands of. the conspirators, Mr. Krotel said, was but a single Instance. According to stories told by her relatives Sarah Weber was tortured la order to com pel her to aid In the Insurance' frauds. When she left home she had rosy cheeks and was tbe picture of health. When her family found her she was a shadow of her self. She told her brother that she had been beaten, starved and slashed with knives to force her to help those engaged In the conspiracy. YOUNG MAN MUST EXPLAlfl Aeenaed by His Wife of Attempting; to Give Her Poisoned Candy. INDIANAPOLIS. Ind.. Feb. 18 Wl' ' H. Vermillion, a yonng man from Newark, O., is held without bond at the police sta tion on the ttatementa of his wife thst he attempted to kill her and her two children with poisoned "candy. Mra. Vermillion la staying at the home of her brother. She told dctectivee that she separated from her husband some time ago and that he twice made the effort to poison her. Yesterday, it la alleged, Vermllllorf called at the house where his wife la stay ing and gave hia 3-year-old child a bag of candy.. On top, she said, were gumdrops evidently intended for ber. A girl living In the neighborhood and the child ate the gumdrops and became ill Two physicians were called and have alnce been ,ln attendance oa the girl and child CLARK OPPOSES LAWLESSNESS Iewa. C'aal Arbitrator Leetares Host a Twentieth Ceatnry dab a Strikes. 1 BOSTON, Mass., Feb. 18. A winter se riea of lectures on economic questions under tbe auspices of the Twentieth Cen tury club, waa brought to a close today by an address on "Strikes"' by JE. E. Clark, of Cedar Rapids, la., a member of the anthracite coal commission He defended trades unionism and the right to strike 1n support of a demand for better conditions. He aald, however, that all such conflicts must be conducted with a proper respect for the law. "If organized labor cannot Work out Its salvation without resorting to unlawful acta," he declared, "Its existence cannot be defended." RAILWAY WILL BE BUILT Promoter of Transcontinental Line, However, Refases to Say Who Is Backing Scheme. SAN FRANCISCO, Feb. 18 Walter J. Barnett. one of the Incorporators of the San Francisco Railway and Terminal and the Stockton Beckwith Pass Railroad companies, has returned from the east. When asked If he had conferred with George Gould or any other prominent rail road men with a view of getting financial backing for a transcontinental project, Mr. Barnett aald: "I am not In a position to deny or affirm any reports aa to what I did in the essL All I will say Is that two companlea re cently organized will construct and equip a line of railroad between San Francisco and Oakland and the Beckwith pass, by way of Stockton, Sacramento and Orovllle." BOTTLED HEART IN COURT Graesome Trophy of Alleged Crls Forms Mnrder Trial Evi dence. CHICAGO, 111.. Feb. 18. The trial of John A. Nordgren, charged with the pois oning of his wife, began today. Among tbe evidence submitted by the prosecution waa the heart of Mra. Nord gren, safely atored in a large bottle. The accused en was visibly affected at the gruesome sight and it waa with dif ficulty that be kept from breaking down completely. CLAIMS FAMOUS WIND CAVE - Montana Man Alleges Homestead Rights to Worth Dakota Property. MISSOVLA. Mont.. Feb. 18. J. D. Mc Donald, an old woodhauler, claim that be I the owner of the celebrated Wind Cave In North Dakota. Many years ago, he says, he filed a home stead entry to the land, but was refused a patent after he had expended many thou sand dollars on the ground. He declare he waa offered 8200.000 for tbe cave. SEAMEN LASHED TO DECKS West Indian Steamer Haa Terrible Veyage Throagh ley eas. NSW TORK. Feb. 18 The Atlas liner Aleae arrived here from Savenllla and Weat Indian porta today covered with lc and presenting a battered appearance. The mea on th deck war fastened by rope during tbe trip to keep them from being washed overboard. FEYER VISITS JiEW YORK TOWN Xearly Two Haadred Typhald Caaea are Said to Be la West caeca. BUFFALO, N. Y.. b. 18. Th town of West Seneca report eighty eases of ty phoid fever aad probably more taaa 100 ad ditional caaea got reverted. FORTY ACRES IN FACTORIES Flan of the Union Facifio Company for Util- iiing Valnable Tract. BOOM TALK BASED ON CITY SETTLEMENT Seathweat Improvement Clab Told of tbe latentloa of tbo Company to Do metklag with Ita Holdings. Subsequent to the completion of work on the present shop site, the lolon Pacific railway plana to make extensive Improve ments on a tract of land bounded by Twenty-fourth, Twenty-aeventh, Hickory and Martha streets. The nature of the work will be vast spur track and siding facili ties, which will completely cover thia forty acre tract of ground, with the object of bringing etxensive manufactures to the spot. At the meeting of the Southwest Improve ment club last night City Attorney Con nell and former Councilman Ernest Stuht brought this matter to the attention of the members, and said that. Inasmuch aa the Improvements would be in tbe club's own territory, that it would behoove the or ganization to urge by every possible means tbe inauguration and tbe completion of tbe acheme. The ctub Informally resolved to let no grass grow under Its feet In the mat ter. It wae stated that the railway intenda commencing this work in 1904. By that time It will be well through with the pres ent Improvements In progress at tbe shops. Tbe railway' plan as outlined la very broad, embracing practically the establish ment of a little manufacturing community down there In the low tract Just west of the Twenty -fourth etreet viaduct. Mem bers of the club were fully awakened last night to the importance which thia move la to them because of their location. Plan Lonsc Determined On. That the Union Pacific had any such plan first leaked out at the time of the big bar ter made by the city and the railroad a year ago, but tbe scheme has not been gen erally known. The major portion of what the Union Pacific received In that trade waa streets and alleys down in tbe shop district, the railroad stating that it wished that territory entire In order to ma'ae elab orate addition which it baa since carried ut. Among all those street sections of the river front district waa a request for a piece of Walnut Etreet about aeven blocks long out In the southwest part of town. Thia runs diagonally from Martha street, at about Twenty-aixth northeast to Twen ty-fourth atreet. at about Hickory. Thl waa the' only atreet laid out in all that forty-acre tract described. The railroad company, . when asked why It wanted that particular atreet vacated, aald that It waa wished to have that forty acres Intact, so that manutacturea might be put in there. The intention was at a ted to be to gridiron th rectangle of ground, some four block by elx, with apur track and have a colony f tartoriea built there. la this connection the discussion brought to light another improvement plan hitherto unknown. That Is the extension of Twen ty-seventh street, from Martha to Bancroft streets, where It will connect with the tun nel which the railroads are under contract to build under the tracks there by 1904. That will give another eaay Inlet and out let for thia territory. Kicks on Gasoline Light. J. G. Johnson haa been keeping score on tbe lamplighter, and he dropped a email bombshell In tbe meeting by stating that the gasoline light at the corner of Twenty fifth and Marcy atreeta waa lighted three nighta In laat December, and out of two weeka In November wae lighted aeven timea. At the end of the year he spoke to the lighter about tbe matter, and alnce then the light had only gone all nights unlit. The light at Twenty-fifth and Ma eon atreeta, aald Mr. Johnson, had been conducted in much the same way. Thai started a furore, and other mem bers told of other lights that had aimilar babita of going dark much of the time. It waa suggested that the contracta on the lights In that section expired December 31 last, and that perhaps there waa no kick coming on them going dark alnce then. A committee comprising Ferdinand Haarmann, W. H. Green and R. W. Dyball, waa named to investigate the matter, to ascertain it the city was paying for the lights, and If ao why they were not lit and how the gaa in spector waa employing his time., Twenty-Foarth Street Grade. On the matter of filling In Twenty fourth atreet south of Leavenworth so that the atreet railway company may build on it a line to South Omaha, It waa reported that still 100 feet of the necessary abutting front foot signaturea were lacking. COO feet having been secured. It was decided to rush tbe work along, and to secure the rest by the next meeting next Wednesday night if possible. In this connection otd citizens were called upon for reminiscences of former fights and struggles for improvement of various kinds. In this way the balance of the evening waa passed, and some very In teresting stories were told. City Attorney Connell brought forth some especially keen Ulea regarding the fight for the new Bur lington station, tor the grade on Leaven worth atreet, for tbe cutting and filling on South Sixteenth street prevloua to that, and he even went back to the old contest over the cutting and filling on Fare am street necessary to establish the preseat grade. FIGURE JUGGLER IS JAILED Loan Com pa ay's Secretary Alters Boaka of Flraa Which la Since Defaaet. TOLEDO. O.. Feb. 18. Frsnk E. Brady. former aecretary of tbe defunct Imperial Savlnga and Loan company of thia city, was found guilty today of altering the com pany's books. Judge J. A. Barber la charging the Jury held that Brady's bookkeeper. Miss Mamie Walsh, waa equally responsible, avea though aba made the alterations at Brady's Insti gation. No action iaa been taken against the girl. CALLS QUAKER OATS TRUST American Cereal Stockholder ' Seeks to Stay Dlvtdeada Da Other Compaay. AKRON. O.. Feb. 18. M. Otis Hower. a atockholder In the America Cereal company, haa filed a ault la the common pleaa court. He aeeka to have tbe company enjoined from paying any dividends oa the stock of the company held by the Quaker Oats com pany, clatmiad Jjiat the latter ta trust CONDITION OF THE WEATHER Forecsst for Nebraska Partly Cloudy snd Warmer Thurvdav, lYobably ?no; Fri day Fair. Temperatnre at Omaha yeaterdayi I Hoar. Dear. Hoar. Deg. B a. m 14 1 p. m a. m 1 a p. m 3 T a. m ..... . IK 21 r. m T f a. at in 4 p. m T ft jl. m ..... . M Bp. m ..... M lo si. m ..... . 1 1 41 p. m ..... T 11 a- m 7 Tp. m ..... . T IX an a M p. na T ft p. an Indicates below sero. FOUND DYING ON SIDEWALK Jadge George G. Bowman Expire Shortly After Being Taken Into Store. Judge George G. Bowman was found in' a dying condition yesterday evening shortly after 9 o'clock, lying on the side walk Just west of the Davldge block at Eighteenth and Fa mam streets and takea Into Hahn'a drug store, where be died almost Immediately. Death 'was due to heart disease. Coroner Brslley was sum moned and took charge of the remains. Mrs. Bowman ia ia Mlnneapolia visiting with her daughter, Mrs. Harvey Dewlt, and an attempt was made to telegraph to them tbe news. In addition to these two, deceased leavea a eon, Bert Bowman, who la also in Mlnneapolia. At about 9 o'clock, while Assistant Fire Chief Windham and Tatrolman Samurlson were In tbe drug at ore, an unidentified man put his head . in at tbe door and said there waa a man lying on the sidewalk. Tbe policeman and Mr. Windham found Judge Bowman breathing hia last and carried him Into the store. It was im possible to revive him. Deceased, who was 64 year old, baa been a sufferer for some time from an affection of the heart anii during the last year has had several se vere attacks. He waa on hia way down the street from the Bacbelora hotel, where he lived, having been noticed to leave there ahortly before 9 o'clock. He appeared In hia usual health. Deceased haa been a prominent trial attorney of thia city alnce 1890, being among other caaea, connected with the Henry Tusler cattle contest. He was born in Upper Sandusky ia January, 1849. and educated in Oberlln college. He atudled law la the office of Grtsell 4b Hall, and waa admitted to tbe bar July 22, 1870, and came west In 1879, locating in Columbus where he remained until he came to Omaha. He was a member of tbe house of representative from Platte county In 1888 and chairman of the Judiciary com mittee. Twenty-eight years ago he waa married in Cleveland. O., to a daughter of President Burk of th Nickleplate rail way. KILLED BY SWITCH ENGINE Woman Ram Down While Engaged In Picking If Coal in B. AM. Tarda. Walls' picking up bits of ooal In the Bur- lingtoa..Vrde yoatarday -evening to keep a fire la her home, at First and William atreeta, Mra. Mary Whlnnlng was struck by Burlington switch engine No. 178 and in stantly killed. Coroner Bralley waa called and took charge of the remains. He will hold an Inquest,' probably thl afternoon. Deceased waa the wife of August Wbin nlng, a stone mason, and leavea a 15-year-old daughter by a former marriage and two small children. 6be waa 40 years of age and of German blTth. The engSno which killed her waa in charge of Louis E. Scott of 517 William atreet. The accident occurred at about 8:15 aa the engine waa going south on one of the witch track running along the river bank and under the Union Pacific bridge. At a point about halt way between Jones street and the bridge the engineer saw g woman with a sack of coal on her back, crossing the track. He did not dowtdown, aa ahe would have ample time to cross the track if ahe had not slipped on the Ice and fallen acroas tbe rails. It waa too late to atop, and the wheel decapitated the fallen woman and dragged her about twelve feet, breaking her arm and mangling her feet. At the point of tbe accident there waa a row of car on each of the other 'tracks, and It Ia thought trat the poor woman, hearing an engine coming, became, con fused, thinking that ahe had Lot room to atand at the aide of the track. PROJECT ALASKAN ' RAILWAY Chicago and Hew York Capitalists Will Gridiron Pealasnla with Ralls. CHICAGO. Fsb. 18. The Western Alaska Construction company of Chicago, which was granted the right of way by the govern ment, haa filed surveys with the Interior department at Washington for tbe construe, tlon of the Council City 4k Solomon rllver railroad In the Seward peninsula, Alaska. The company I Incorporated under the law of New Jersey and capitalized at 81,000,000. Chicago and New York capital ists are Interested and the construction of the road will be begun early In the spring. Mr. J. Warren Dickson, general manager of the company, aaid today: The system will connect ail the principal mineral producing areas, centers of popula tion and mining at present known through out the Solomon river. Council City, Onhlr creek and ome regions with tidewater at Solomon. Grantiey Harbor, Port Clarence and Good Hope, thus grldlronlng the pe ninsula. I COMMITTEE OF TEN. FRIDAY It Will Thea Consider the Bill Jor the Seearlag of Eqalta bla Taxatloa. Member of th tax committee of ten got together yesterday afternoon to canvas and consider the work It baa In hand. It waa decided that tbe committee shall meet again Friday and take up tbe bill for tbe securing of a more equitable assessment of properties belonging to railroad and that belonging to smaller corporation and prl vat concern. Movemrata of Oecaa Vessels Feb. IS. At New York Arrived : Menominee, from London: Kron Prins Wllhelm. from Bre men, Southampton and Cherbourg. Hailed: Philadelphia, for Southampton; Germanic, for Uverpool? Khynland, for Rotterdam. At Hamburg Arrived: Hlucher. from New York. Sailed: Herodeth. for Han Francisco. At Hong Kong Arrived: pTevlouf'y, Km press of Japan, from Vancouver via Yoko hama, etc; Korea and feabury, from Ban Francisco, via Honolulu and Yokohama. At Cape Spartel paaaed: Kaserln Maria Thereala, from New York, via Funchal, for Malta. Alexandria, etc At MoviiW Arrived: Parisian, from St. John, N. B , and Halifax for Uverpovl. At Liverpool Arrived: Oceanic from New Tork. At Klnsale Head Passed: Sylvanla. from Boston for (lueeiistown and Liveriiool. At tllbraltar Arrived. KaUerln Maria Thereala, from New York, via JTunchal, for Malta. AMEND ORGANIC LAW anaMnmsmat Governor Mickey Callt Attention to Press ing Need of Prompt Action. TIME FOR ACTION IS GETTING SHORT Indicates He Will Send Special Message Unless Move is Mads Soon. INDICATES CHANGES WHICH ARE NEEDED Ballot Law Requires Amending in Order to Get Expression of Voters. RAILROADS LIKE THE REVENUE BILL Oae af Union PaclBc's I.obbr Ea. presses Opinion tbe Proposed Law Is "Generally Sat. Ia factory." (From a Staff Correspondent.) LINCOLN. Neb., Feb. 18. (Special.) Governor Mickey, unless tbe legislature act within tbe next few day, will renew hi recommendation that provlatea be made for submitting constitutional amend ments to the voter of Nebraska at the next general election. He urged thia In hi mtssage which he delivered before the legislature at the opening of the aesalon. A resolution already has passed th eenate providing for the calling of a con tltutional convention, but even thl haa not reached the house. The governor, however, I not in favor of a constitutional convention. He will not, therefore, be guided In his actions by this resolution. Governor Mickey, deeply Imbued with the necessity for providing for amendmenta to the constitution at thia session of tho legislature, pointed out this morning that but twelve days remain in which a bill or resolution of this character could be in troduced, hence hi desire for action. Twenty-eight of the forty legislative daya in which bills can be Introduced ar passed with todsy. In discussing this matter thia morning the governor said: "There is no question but that wo need some amendments to our state constitu tion. Neither Is thre any queatlon but that provisions for those amendmenta abould be made by this legislature. It ia not my desire or purpose, however, to prod the legislators. They know their business. I naturally assume, .and have the desire and ability to attend to It. I made my recommendations in my message, yet I hall deem It my place to again lay thia matter before them if aome action la not taken within a few daya. I have had th matter under aeriou consideration." .1 Coaveatloa a Mlstak. The governor think It would be a mis take for the legislature to provide for a constitutional convention rather than the submission of proposed amendmenta to b voted oh at the next general election,- In explaining hia vlewa he aaid: - "Our jstete.ta- already- burdened with a terrible debt. Our every effort abould b directed to relieve th atate of thia tre mendous burden. . We certainly should do nothing that would ddd to It. But if wt called a constitutional convention we would be deviating from thia course very widely. It has been estimated, and wisely, I think, that auch a oonventloa would coat at least 3200,000. Now, when yon consider the amount of thia atate's Indebtedneaa, together with the fact that we would not be assured of getting our constitution amended even after w ad expended 1200,000 for a constitutional convention. you will see tbe wisdom for suggesting another course. It 1 by na mean certain that a constitutional convention would re sult as the people wanted It to. And evea if it did'. It would require -two - yeara at least to submit the action of the con vention to the ratification of the votere, so after all we would be taking the moat round about and uncertain course. What we want is prompt action. I appreciate the fact that there la a chance involved In a popular election, but I think. It I Interpret the sentiment of the people aright on thia matter of amending the con stitution, there I ta queetlon but that, properly aubmitted. It would carry. "Again a to thl matter of expense. It does ecm to me, that aa we are juat bow doing our utmost to perfect a revenue bill that will' provide for relief from thia enor mou state debt, we ought, at least, not to proceed with any plan calculated to) entail further debt upon the atata until thia revenue legislation is closed up. Ballot Law at Faalt. "I really think that befor any atep ar taken to amend the ronstltutloa W ought to amend our ballot law, so that w may have aome assurance that whea an amend ment is aubmitted to the voters they will vote on It. Too often amendmenta ar loat, simply by default, you may Bay; voter overlook them. And why? Simply becaua the amendmenta are placed at th bottom of tbe general ticket and the voters, la th majority of eases, do not se them until It ia too late. How many ballots ar counted where theae amendments have sot been voted on! "So I would recommend that thea ballots be placed at tbe top of th general ticket, or that a separate ballot be provided for them. In either case th voter would not fall to see and vote on them. Matter of such great Importance aa constitutional amendmenta have no buslnes being tuck down at the bottom of a general ticket- I hope the legislature will take action la this directloa without unnecessary delay. Amendments that ar Hooded. As to the moat Important amendments tbe governor aaid: "In tbe first and foremost place, ws should provide for enlsrgement of our su preme court. By all meana that Important body should have five members. And the salaries of these five member ahould, by all meana, be raised. Each Jurist should get 35,000. With five eminent men oa our supreme bench at decent salaries Ilk tba, we would bs assured much better aad more satisfactory decisions. The state would be far better off. And while I am on thia mat ter of aalartea, I will say that w eould, with profit to the atate, add to the aelaried of tbe ctat officer, especially th a tale treaaurer. I want to lay particular em phasis upon that. The state treasurer ought to get more money thaa he doee. If be waa paid a liberal aalary It certainly would have a tendency to Inspire tbe most scrupu lous integrity. Oftendmea man In publie offlc who ars underpaid are tempted by that very fact to appropriate the atate'a fund to their own use, not meaning to do any wrong, but take temporary advantage of the money en Fruited to tbelr car and custody a officer of the law. It I tbe duty of the state to correct aucb conditions. I repeat, give the atate treaaurer a decent aalary. Aad give other state officer aaar money. It I not e bad with th governor. ) t