Newspaper Page Text
The Omaha Daily Bee.
ESTABLISHED JUSE ,19, 1871. OMAHA, THURSDAY MORNING, JUNE 4, 1903 TEN PAGES. SINGLE COPY THREE CENTS. LOSC STRIKE ENDS Union Pacific Machinist Com to an Agree ment with Oompanj. WILL RETURN TO WORK NEXT MONDAY All the Men Are to Be Reinstated Without Discrimination. PIECE WORK WILL NOT BE ENFORCED Employee May Go on Piece Schedule or Hot, a Ttey Please. AVERAGE INCREASE IN WAGES GRANTED Conference . for Purpose of Settling Blacksmiths' Strike Begins Immf dlately After Close of Ses sion with Machinists. BTRIKK DECLARED OFF June 3 and men return to work June s. ALL OLD MM REINSTATED, without oi scrim: na.llon. iVbitAOb I.MJREA8E In wages of about 7 per cent. MA l ibit UP PIECEWORK left to discre tion of employes. The Union Pacific machinists, after being on strike for over eleven months, yesterday touched an agreement with the company the essential points of which are thotte stated above. The boiler makers having pievioUHly adjusted mutters with President Burt and President Harriman In N,ew YorK, only tne blacksmiths now remain without the fold and they began negotiations tor peace with President Hurt yesterday Im mediately upon the conclusion of the ma chinists' affairs. They will continue their conferences until an end Is reached. Every Indication points to a settlement with them The final settlement of the machinists waa effected and ratified yesterday after noon. For three days the five members of the machinists' international executives board had been In conference with Preel dent Burt and Superintendent McKeen ut headquarters here. The local and district committees took no active hand in the de liberations until ths terms of the agreo ment had been reached and then the local ani district men were Invited to participate In the ratification. This procedure ras mu tually agreed on at the outset. From tlia first of this conference the utmost secrecy as to the deliberations has been observed. The only statement made came at the con clusion yesterday afternoon. Announcements from Both Sides, Hugh Doran, chairman of the machinists' xecutlve board, officially announced for the workmen that the strike had been settled along the line Indicated above and, that the terms wers entirely satisfactory to the men. Late In ths day this statement waa made officially to .a reporter for The Bee at Union Paclflo headquarters, as comprising ths cardinal ieatures of the settlement: ' L The aettlement was made on the sam tiasls substantially as that of the boiler makers, which, was In acoordanee with the " recent telegram or Mr. jiarnman to air. MoNell. 2. All old men are to be reinstated, without discrimination. If they desire to be and make application within sixty days. t Strike Is declared off June 8 and men return to work June 8. 4. Ths matter of piecework Is to be left to the men themselves. a All men are to return to work In the spirit of friendliness, cherish no animosity and old discipline Is to obtain. 6. No new men are to be employed dur Ing the sixty daya within which old men are riven to return to work. The machinists say their wage schedule has been raised on a graduated scale, aver aging about 7 per cent. The question of what to do with the nonunion men who took strlkera' places and those who were employed in the shops when the strike began and remained there was not dealt with In the terms of peace, but was left to adjust Itself. The men who are now boarding at the company's quarters will be notified to secure other boarding places Foil Statement May Come. Neither side would give out a full copy of the terms of the agreement, aa It wa mutually decided not to disclose this until after the blacksmiths had held their con ferences and matters were entirely settled. Then probably copies of the agreements with the three crafta will be given out. Speaking of the conference and Its re sults, Chairman Doran of the International executive board said: The settlement Is entirely satisfactory to us. Of course we think we have done well. The two salient points were piece work and the reinstatement of the old men, and they both were disposed of to our satisfaction. Thut one point of the dispo sition of the nonunion men now In the shop was left to adjust Itself. Nothing Is said of It In the agreement. Our ex perience has taught us thut time will solve that problem. The agreement specifies that the old men are to be taken back without discrimination, and that Is fair without going any further, we think. I think I can voice the sentiments of my associates on the committee when I say that we were treated with consideration by President Burt and Mr. McKeen and parted under the most pleasant circumstances." Sis Hundred Machinists. About GuO machinists went out on strike June 28. Of that number, which appllea to all the shops over the system, many are now at work In other places, naturally These may or may not return to work under this agreement. Just aa they please. but if they choose to return they must do so within sixty nays, ior aiiir inui nine the company will not be responsible for their places. The machinists think an overwhelming majority of this number will return. At present In Omaha there are sixty-five of the old machinists and eleven helpers. They all will go back. Besldea Hugh Doran, Chicago, chairman, the members of the International executive board who participated In the regular con ference are: M. J. Ford, Ntw York; E. L. Tucker, Washington; 11. F. Garrett, At lanta; James A. Reynolds. Cleveland. The district executive board, which, with Tom L. Wilson. ' fourth vice president of the International Association of Machinists, by whose order 'he strike waa originally declared. June 29. 1902. that met with th. nmi.1,1, an1 lha Int.rnatlitna I Hsta re .. ratified the articles of agreement, consists of these representatives from the various lodges along the Union Paclflo system: B. F. Pert-, Cheyenne, prtsldcnt; Walter Webster, Evanston, vice president; Samuel Grace, North Platte, eecrelary-treazurer; W. L. Ilughea, Rawlins; Ueorgv W. Smith, A. 8. Mildred. Robert Mulr. Omaha; E. W. Towner, Kansaa City; John Umlund. Co lumbus; Paul Uistheld, Grand Island; George Harris, Cheyenne; George Finn, North Platte; Emll Berne, Denver. President John Blocuro of the Interna- iCouUnuod. 7tUra Page.) EXCHANGE COMMISSION ACTS Holds Several Informal Conferences with British Members at London. LONDON, June 3.-T, .'- -ibers of the United States Internationa. .''t( nge mission (Messrs. H. H. Hanhv, ' i.-l com- i,-ies A. Conant and Prof. Jeremiah J. J "ve had several conferences with mem. the government this week, though v. formal sittings of the commission desig .. nated by the foreign office will not begin until next week. Sir E. N. Satow, the British minister to China, came to town especially to meet the American delegates and discuss with them Informally the feasibility of establishing a uniform cur rency In China and giving them the benefit of his oriental experience. The British cabinet has designated as members of the commission: Sir James Mackay, negotiator of the British-China treaty; Sir E. Lemon, London manager of the- Hong Kong and Shanghai banking corporation; Robert Chalmers, principal clerk at the treasury; W. Blain and George W. Johnson, mem bers of the recent commission on the cur rency of the Straits Settlement. Much Interest Is evinced In the work of the commission work by the government and the large merchants. It Is believed that the commission .will continue Its pro ceedings for a fortnight In London and then proceed to Paris. The government had received notice of the acceptance by the government of the Straits Settlement of the scheme recommended by the com mission. The plan Is only a fairly pre liminary one. It provides for the adoption of a new distinctive coin to renlace at nar the existing currency, but the time and method of raising these coins to a gold parity have not yet been settled. The commission will discuss the possibility of a harmonising policy for the Straits Set tlement with that of the local currency of the United States, the Philippines snd Mexico. JEWS TO DEFEND THEMSELVES Every Man and Woman Among; Them In Odessa Now Cnrrles a Revolver. BERLIN, June S.-A dispatch received here from Odessa under date of May 28 says the Jews there sre now prepared to defend themselves Intelligently. Several thousand revolvers bave been lm ported since the Klshlneff massacre, so that at present almost every Jew, man or woman. Is armed. Those who were unable to buy weapons received them as gifts from the defense committee. A system of communication has also been agreed upon so as to spread a warning throughout the city when there Is an out break of violence In any quarter. Families residing near each other will concentrate for defense and every second man will Join what might be called an expeditionary corps to take part In aggressive defense when anything la actually going on. The Jewish safety committee is reported to have arranged with the working men's association for aid In the event of an out' break. Arms have been distributed from Odessa to the Jaws In other cities of Rus sia. ' - - '' The Tageblat today prints a dispatch from St Petersburg announcing that a law was published there this day giving a list of 101 towns In Russia In which Jews are al lowed to acquire land and live without re striction. Jews are temporarily forbidden to buy land outside these places, where they will be legally settled. STEAMSHIP IS LOST IN GALE No Hope Kntertalned for Safety of Vessel with Eighty Persona on Board. LONDON, June 8. A dispatch to Lloyd's from Valparaiso confirms the dispatch of the Associated Press last night, from Santi ago rte Chile, referring to the fears ex pressed there for the safety of the Paclflo Steam Navigation company's ateamer Are qulpa, which during a lull In yesterday's storm at Valparaiso left that port In an endeavor to ride out the gale at sea. The agent cables that the steamship, which had eighty persons on board, waa probably lost. The bodies of some of the crew have been washed ashore. Later advices from Valparaiso say Arequlpa foundered at Its moorings and the captain, his wife and the majority of the crew were lost. SANTIAGO, June 8. According to a dis patch received here from Valparaiso, Cap tain Todd, his wife, fifty of the crew and many of the passengers of the Arqulpe were drowned when the steamer foundered. VALPARAISO, Chile, June 3. Seventeen persons were saved 'out of the eighty on board of the Pacific Steam Navigation company's steamer when It foundered dur ing the gale which awept over this coast yesterday. ARE AGAINST STANDARD OIL Roumanians Protest Against Permit tins; American Company to Secnre Foothold. BUCHAREST. Roumanla. June 8. At a meeting of liberal supporters of the gov ernment today Premier Stourdza and Finance Minister Costlnesco spoke strongly j against allowing Americans, who, they said, ! "have rendered themselves unpopular here," to secure a foothold In the Roumanian nil fields and ureed Da trio tin Roumanians to refrain from treating with the American experts. The ministers also argued that un i abundance of British and continental nital la available to develon th. nn , . vllume o develop the Rou- ra manlan fields Representatives cf the Stundard Oil com pany are now In Roumanla Inspecting the progress made In the working of Rou manian petroleum. PECULIAR CAUSE OF SUICIDE I German Kavnl Eiiln Kill. HIbi.1I Because He Cannot Identify Man Who Strikes Him. KIEL. June t A seaman of the German navy, Messerchmidt, waa sentenced by the t naval court-martial today to eighteen months' Imprisonment for striking Ensign von Abel on May 3. at Kiel. The case haa been widely commented upon because of Von Abel's suicide after he found he was unable to Identify the man who assaulted him and personally revenge himself. Tho naval court today read Von Abel's letter explaining why he committed suicide. The ensign said the assurance given him by the commandant that the matter would be rigidly Investigated waa poor consola tion for him. and added: "I can't allow myself to be struck and taea put up aith V is PRESIDENT'S BUSY DAI PnU in Time Making 8peechei in Heavy Bain. FINOS NEW FRIEND AT BLOOMINGTON Mayor of that Town, a Former Dem ocrat, Announces Allegiance to . Roosevelt, Because He's aa Ideal American. B LOO M I NO TO N, III., June 8.-Presldent Roosevelt put In about the busiest day of his trip today, from a speech-making stand point. He made his first speech at Freeport at 8 o'clock this morning, and when he concluded his address here shortly after 10 o'clock tonight he had spoken nine times. Eight of his speeches were made In the open air and several of them In rainstorms. The hardest rain encountered today was at Pontlac, where he dedicated a soldiers' and Bailors' monument. The downpour was so heavy when his train arrived that It seemed Inadvisable for him to venture out. "I will leave It to you, Mr. Mayor," he said to that official, "if you say go we will go." The mayor decided that the president should . go, and wearing a rain coat be braved the elements. ' The most Interesting feature of the day occurred at Dwlght. The mayor of this place Is a democrat. In Introducing the president he said: I consider vou. Mr. President, the' Ideal American citizen. I am in favor of the course you have pursued and will support you for re-election. The president, responding to the Introduc tion, said I am pleased by the kind words the mayor has said to me. Perhaps I prize them especially, Mr. Mayor, coming from one who Is not of my party; but the whole thing Is, my friends, If we are all good Americans that is enough platform for i.ll of us to stand upon. I price more than 1 can say such words as have been uttered by the mayor and I assure you I shall do my best to try to deserve them. The president also assisted In the open ing of a new hotel at Dwlght. A wire was run from the hotel to the rear platform of his car and by pressing a button he started the machinery In the building. The places at which the president spoke today were Freeport, Rockford, Rochelle, Aurora, Joltet, Dwlght, Pontlac, Lexington and Bloomlngton. President Dedicates Hall. The feature of the visit of President Roosevelt to Rockford today was the dedi cation of Memorial hall, a 8t0,UUO atructure. The city was decorated In gala garb, pictures of the president adorning the store fronts and residences. Local busi ness men and manufacturers united in a movement for making the visit a general holiday. President Roosevelt reached Rockford on acheduie time, arriving here at" D:1S a. m. He waa accompanied by Congress man Robert R. Hltt and John A Davis. He was ofHoiaUy greeted by a committee j of six consisting of Mayor Charles E. Jackson, Judge A. H. Frost, Congressman Charles E. Fuller and Messrs T. E. Backhee, J. B. Whitehead and Walter Van Alstyne of the county . board,, and escorted by carriage to Memorial hall. Arriving at the Memorial building Con gressman Hilt Introduced the piesldent to the vast audience confronting him and he made a brief reponse after which came the unfurling of the flag over the Memorial atructure. The president and party then re-entered their carriages and enjoyed a short drive through the principal streets, first pass ing In review before some 1000 school children massed at a park adjoining the Memorial building grounds. Each child carried an American flag and the salute given President Roosevelt was a most inspiring sight. The decorations for the occasion were the most elaborate ever at tempted In this city. . The throng In town waa variously esti mated at from 40.000 to 50,000. Following the visit of the president and his party there waa a public parade partic ipated In by local ctvio and military organizations. During the afternoon came the formal dedicatory exercises of the hall. Department Commander Benson Wood gave the principal address of the day. Site of Lincoln-Douglas Debute. FREEPORT, 111.. June I President Roosevelt and party reached here from Dubuque at 8 o'clock and Immediately aft erward were driven to the site of the Lincoln-Douglas debate In 1868, where a monu ment commemorating the event waa un veiled in the presence of many thousands from Freeport and vicinity. At the court house the president was introduced by Con gressman Hltt. The president referred to the debate as an event far reaching. He complimented the Women's club of Freeport who erected the monument. At 8:30 the party waa driven to the depot amid cheers of thou sands and left for Rockford. President Roosevelt spoke aa follows: We meet today to commemorate the spot on which occurred one o( those memorable scenes in accordance with which the whole future history of nations Is molded. Here were spoken words that flow through Im mediate time and that will flow through that portion of eternity recorded in the his tory of our race. Hare was sounded the keynote of the struggle which, after con vulsing the nation, made It in fact what It had been only in name, united and free. It is eminently fitting that this monu ment, given by the women of this city in commemoration of the great debate that here took place, has been recalled by the men whose deeds made good the words of Abraham Lincoln nnd the soldiers of the civil war teheers bk" icplaiise). The words wer mlguiy, and had It not been for the words the deeds could not i have taken place. But without th" deeds -""7. ,hT XI me worcis wouia nation that brought the statesman that I could plerre the clouds that obscured the!, . . I l,,t of th keenest of his fellows and ln fast as the coM M what ,ne future inevitably held. Fires are reporte And. moreover, that we had back of the statesman and behind hii the men to whom it was given to fight in the greatest war ever waged for the good of mankind, for the betterment of the world. Only a Moment to Speak. I have literally but a moment here. I could not resist the chance that was offered me to stop and dedicate this monument, for great though we regard Abraham Lin coln, my countrymen, the future will put him on an even higher pinnacle than we have put him. (Applause.) In all history 1 do not believe that there Is to be found an orator whose speeches will last as en daringly as certain of the speeches of Lin coln. And In all history, with the sole ex ception of the man who founded the re public, 1 do not think there will be found another statesman so great and so slngLe hearted in his devotion to the welfare of his people. We cannot too highly honor him. The highest wsy In which we can honor him Is to see that our homage Is not only words that to loyalty of words we Join loyalty of the heart, and that we pay honor to the memory of Abraham Lincoln by so con ducting ourselves, by so carrying ourselves as citizens of this republic, that we shall hand on undiminished to our children and our children's children the heritage we re reived from the men who upheld the states manship of Lincoln In the councils and mho made good the soldiership of Grant In the field. (Cheers and aDplaune.) AURORA. III., June 1. Fifty thousand people greeted president Roosevelt at Au- (CoutfUued en Third Page ) EXCURSION STEAMER WRECKED Sudden Lurch Throws Three Children Into Water and They Are Drowned. HANNIBAL, Mo., June 8. Three children were drowned here today by the collision of the steamer Flyfng Eagle, towing a barge filled with Sunday school excursion ists, and a pier In the Hannibal bridge. The dead: LONNIE CURTIS, aged 15. LAURA COPPAGE, aged 15. HARRY EICHENBERGER. aged 17. About 260 children from the Park Metho dist church Sunday school of Hannibal had boarded the barge and a number were on the steamer. The excursion left Hannibal to run to Qulncy and afford a view of the swollen Mississippi. Aa the boat swung out into the river the swift cut rent seized the craft and despite all efforts bore It straight down toward the stone pier nearest the shore. With a crash the stcamor waa hurled against the pier and wracked, but did not sink Immediately. For a time It was wedged against the pier by the cur rent and held while the horror-stricken children and the adults climbed up the pier to the bridge. In this way almost half of the passengers were saved. Before all could reach safety the barge was veered around by the current and finally swung loose from the pier and floated down stream. In the sudden swinging out of the barge the three children were thrown Into the water and swept to their death, i Carried by the surging waters at a rapid rote tho barge fiUen with screaming children floated Into the channel and for a time It seomed that all were doomed to cerish. But from further down the ft ream tho catastrophe had been witnessed and at hand were a number of skiffs and rowhonts of different kinds. With one thought these boats were manned and like a miniature fleet they shot out Into the swell of the stieam to meet the barge. Encouragement was called to the child ren and they were urged to Sit down and be quiet. This had a good effect. The rescuing boats surrounded the barge and the children were quickly taken from it and were safely landed. WESTERN MATTERS AT CAPITAL Changes in Salaries of Nofcraska and Other Western Post masters. (From a Stall Correspondent.) WASHINGTON, June 8 (Special Tele-, gram.) These rural carriers were appointed today: Nebraska Alexandria, regular, Daniel H. Brlcka. Carl E. Averlll; substi tutes, Bert Bricks, S. ,F. Averlll. Iowa Alula, regular, Jesse A. .Turner; substi tute, Fred A. Turner. Solon, regular, C. B. Cambridge; substitute, Charles Woolf. Spirit Lake, regular, Harvey Wood. George C. Town; substitutes. Earl E. Wood, Frank E. Town. The Chase National bank of New York has been approved as reserve sgent for the City -National of Tipton, la. - South Xakota postmasters appointed: Ole Stovern, Crawford. Reherts county; Carle Jeglum, Toronto, Deuel county. These changes in salaries of presidential postmastera were announced today: Ne braskaIncrease, Wood River 8200, Falls City 1100. Decrease, Sterling 8100. Wyoming Increase, Sheridan 8200, Buffalo, Casper, Douglas, Evanston, London, Laramie, Rock Springs $100. Decrease, Cambria, Kem merer $100. Dr. and Mrs. J. A. Andrews of Eustls, Frontier county. Neb., who have been visit ing Mr. and Mrs. W. E. Andrews for sev eral days, left today for Gettysburg. After a visit to the battlefield. Dr. and Mrs. Andrews will go to .New York, where the doctor will take up a special course In medicine. Instead of spending his vacation In travel. He will return to his practice In Nebraska In September. Auditor Andrews of the Treasury de partment Is In great demand as a com mencement orator, having four engage ments within the next few days to address graduating classes. Tomorrow evening he will address the graduating class of Woods' Commercial college, his subject being "The Practical Value of a Business Education." On the 10th he will deliver the commence ment address to the graduating class of the Academy of the Sacred Heart and on the 11th he will speak to the graduating class of the McKlnley Training school. It was announced authoritively tonight that Secretary Moody of the navy would not remain In the cabinet longer than the present term of President Roosevelt. Mr. Moody expects to resume the practice of law. MAINE FIGHTS FOREST FIRES Hundreds of Thousands of Dollars of Loss Uelna Created by Un checked Flumes. PORTLAND, Me.. June 3.-Malne tonight Is burning from one side to the other In almost all sections. Hundreds of thou sands of dollars' worth of valuable prop erty and valuable timber land are being destroyed hourly by forest fires and there Is little prospect for changed conditions until rain hus soaked the ground and woodlands. At least thirty fires are rc- ported tonight and many others are ruglng. Not for many years has western Maine been covered by such dense smoke as poured over the cities and towns of York county today. Not an Inch of rain has been In Maine In the last eight weeks. A number of special trains were sent out with men to fight the fires, to be followed by others during the night and In the morn- men are secured. reported tonight as burning In the vicinity of the following towns: Rangeley. Remls, Portland. St. Stephen, N. B.. Mill Bridge. Livermors Falls, Green ville Junction, Ellsworth. Mlllinocket, Gard iner, Plttston, Benton, N. B., Houlton, Mon tlcello. Littleton, Ludlow, Bridgewater, York, Smyrna Mills. Presque Isle, Old Or chard, Clinton, Burn ham. Rome, Lovell, Denmark, Waterford. Brldgeton and Klnoo. PROTEST ON FOREST RESERVES Governor Chattertoa of Wyoming; Re. farms Views of Lute Gov ernor Richards. CHEYENNE. Wyo.. June 8Oovern.r Fennlmore Chatterton haa aent a strongly worded protest to the Interior department and Commissioner Richarda of the general land office against the creation of auch ex tensive forest and game preserves In Wyo ming as have been ordered. Over one-third of the state has been segregated by the national government for reservations. It was upon this question that the late Governor Richards took Issue with President Roosevelt and his sucoresaor in office la equally as firm in b-U couvlo PORTER MUST PAY IT BACK Supreme Court Panes Finally on Mark nd Brands Fees. BONDSMEN, HOWEVER, ARE RELEASED Having; Received Money While Pre. earning Act as Public Officer Ha Cannot Deny Liability. (From a Staff Correspondent) LINCOLN, June 8. -(Special.) V. F. Portor, formerly secretary of state, will have to pay back to the state the money he received aa a member of the Marks and Brands commission. So declared the supreme court today. The court held, how ever, that Starrett, a clerk In Porter's ollloe, also a member of the commission, was entitled to all the money he received. The court released Porter's bondsmen from llubillty. The title of the case was The State of Nebraska against William F. Porter, Mary Rowden, David C. Rowden, William E. Hardy, Virgil O. Strlckler. John W. Sparks, Isaac B. Tarver, Thomas G. Morgan, Theodore Mahn and James N. Gjlhn. The Syllabus of Case. Chapter 1, session laws of 1899, enti tled un act creating a state registry of brands anu marks, a state brand and mark committee, proviuing for brands und marks upon live stock, and repealing chapter II oi the compiled states oi l9i, was in con filet with the constitution and wholly void. It was not the intention of the legisla ture, by section 3 of chanter 1. aforesaid. to create a new office to be filled by the secretary of state; but the provision In said sec Hon authorizing the governor to ap point three persons to art as members of u brand and mark committee waa an abor tive attempt to add to the number of ex-( i-uiivii luuccrs ITCJllCU UJf 11113 v on - stltutlon. The legislature intended that the secre retary of state should retain for his services as a member of the brand and mark com mittee 20 per cent of all the fees received for recording brands and it arks. Money received by the secretary of stat for recording brands and marks under the provisions of the act of 1899 was not re ceived by virtue of his office, but under color of his office. The sureties on official bonds do not un dertake to answer for acts done by the principal under color of his office, but only for nets done oy virtue oi nis omce. The stars has no leirttl title tn any part of the fees received by the secretary of state for recording brands and marks un der the provisions of the act of 18f9; but that officer having. In collecting such fees, assumed to act In an official capacity, the law does not permit him. when called to account by the state, to deny that he so acted. A general demurrer admits the truth of all material facts well pleaded, but da not sdmlt conclusions or law. Official misconduct Is not established bv ebnwlnar that trust funds have been used by a public officer for the very purpose the legislature ana tne owners oi ine iunus in tnriri thv should be used. The Judgment of the court In .favor of the surlties Is amrmea. nut tne judgment In favor of Mr. Porter Is reversed. Open Law of the Court. Chief Justice Sullivan wrote the opinion. Judge Sedgwick concurring In a separate opinion. Chief Justice Sullivan says in his opinion: ' ' The cans was-submitted In- this court on the theory that the act of 1X99 was a valid law. but this theory we cannot accept. It was not valid; in whatever light it Is viewed It clashed with the constitution: there was not an enforceable provision In It; from the beginning to tne ena it was aosoiuieiy ana utterly null- While It Is entirely certain that the lerls. lature did attempt by the act of 1899 to ndd to the number or executive omcers created by the constitution, there 1s, we think, In the act Itself clear and unmistakable evi dence that the legislative purpose was to Impose new duties on the secretary of state ana not to create ior nim a new omce. Thus far It has not been found necessary In this state to provide for the filling of remunerative offices by conscription. When It Is thought that the services of a par ticular Individual are indispensable to the public his friends may appeal to his oatrlotlsm. but the state cannot, under ex isting laws coerce him. Acceptance of office by taking the constitutional oath Is. r -1 In Its very nature must be a voluntary act. Porter having no authority In any case to receive fees paid to him for services ren dered as secretary of state, and the fees In question having been paid and received for the use and benefit of the brand and mam committee and not for the use or benefit of the state, it Is entirely clear under the Srevlous decisions of this court that the efendanl sureties are not liable and that the Judgment In their ravor Is right. The money In question did not come Into Porter's hands by virtue of his office, but under color of his office: he had no legal right to receive It as secretary of state and conseouently It was not within the terms of his official bond. Besides the sureties have done nothing to preclude them from asserting the truth, and the truth Is that the state had no legal title o any part of the fees received under the provisions or tne act or jrsu. Why Porter la Held. But while the state is not entitled to a Judgment against the sureties. Its claim against Porter Is on a different foot ing In receiving the money which the state is now seeking to recover Porter as sumed to act in an official capacity; by his conduct he asserted that he was ex ercising a power derived from the state, and this assertion he cannot now repudiate. If then the fees retained by Porter be considered s having been received vor services rendered by him as secretary of state the conclusion Is Inevitable that he must account for them. The Judgment In favor of, the sureties Is affirmed but the judgment In favor of Porter Is reversed. Tho claim that the state Is entitled to recover the sum of $593.05 paid to S. K. Starrett for keeping the records of the brand and mark committee la grounded on the fact that Starrett was a clerk In the office of secretary of state nnd was re ceiving from the state for his services as such clerk a salary of $100 per month. As a clerk In the office of secretary of stHte Starrett was not entitled to extra com pensation for any services which. In con Umniutlnn of the legislature, were within the scope of his employment. But very clearly it was no part of his duty to keep the records of the brand and mark com mittee. If Starrett actually kept the re cords he earned tne money wnicn no re ceived and Is entitled to lt Declslon on Tax Case. The supreme court has adhered to Its former decision in tho case of Logan County against Carnahan. Thle was on a rehear ing. The decision was written by Judge Holcomb and the former one by Chief Jus. tlce Sullivan. In the former opinion It Is held that a county cannot maintain an ac tion for the closure of a tax Hen unless based upon an antecedent tax aale certifi cate or tax deed, and the petition in this case, failing to show there had been Issued a tax sale certificate for delinquent taxes, a as deemed defective in substance, and therefore a general demurrer Interposed to the petition praying for foreclosure of the tax Hen should have been sustained. AMrms Omaha Cases. The supreme court has affirmed the de cisions of the lower court In two tax casea entlt'ed "The Omaha Savings Bank, Ap pellant, and John H. Caulfleld against the City of Omaha, Appellee," and "The Equitable Trust Company, Appellant, against the City of Omaha, Appellee." The lower court dismissed Injunction suits Instituted to prevent the city from collecting special assessments and the su preme court affirms these decisions. The syllabus In the Omaha Savings bank case Is as follows: While a purchaser at an execution :-ae takes the real interest of the debtor, and la not neccsnarlly concluded by the ap praisement, yet wner- tne amount or a tax lien, which has n'i been mentioned or in cluded In the deivee. haa been deducted fiom the gross appraised value at the prop. CONDITION OF THE WEATHER Forecast for Nebraska Warmer Thursday; Friday Fair. Temperature at Omaha Yesterday! Hour, Dear. Hour. Dea. ft a. m ...... ns 1 p. m ' H a. m r,n 3 p. sn TO T a. m ...... KM :i p. m . I Si a. m ...... M 4 p. .... f a. m. . . . . . 81 B p. m ...... T lO n. m.,,,,, till 41 p. ni.,... Of! It a. m , a T p. m 12 m 04 ft p. m. . . . .. OT 9 p. m US SULLIVAN PLAYS FOR EVEN Chicago Broker Plana Spectacular Raid of the Board of Trade. CHICAGO, June 3. Prompt action on the part of directors of the Board of Trade and several members of the Board of Trade firms forestalled the service of warrants today for alleged violations of tho statutes. Charges of "pretended buying and selling of grain" without any Intention of deliver ing were brought against the Individual directots and chnrges were also preferred against Louis R. Fyfe, L. II. Manson, B. B. Bryan, Lorenzo J. Lamson and S. Warren Lamson, Board of Trade operators, by two men who are said to have been victims of the recent raid upon the establishment of George T. Sullivan. Arrangementa were quietly made, how ever, for the perfecting of bonds for all parties and a spectacular raid of the board and offices of Its members, which was to have been a part of the program, waa voided. President Chandler of the Board of Trade said: This attack on the Board of Trade. through its officers and directots and a few of Its members. Is an act of retalia tion and revenge on the part of the bucket shop men on account of the board with holding from them Its market quotations. They are desperate since the failure of their last scheinn to capture the open Hoard of Trade and work it us a quotation factory. The Hoard of Trade Is more than willing to put to the test of the law Its methods of dealing. In fact. It has already stood the test or the law tor more man nrty years, and has been adjudicated upon by the courts of last resort, and this fact must be well known to the people who are Instigating these suits. The attack is prompted by men blinded with disappointment and rage, as they realize the Impending annihilation of their lawless business. EXCURSION TRAIN 'WRECKED Conductor and Four Negroes Are Killed and Number of Othera Are Injured. COLUMBIA, 8. C June 8. Six miles out from Sumter an excursion train on the Atlantic Coast line, loaded with negroes coming Into Columbia to spend the day, eurly this morning ranMnto a washout caused by a cloudburst the night before. Conductor Clements was Instantly killed, aa were four of the negroes, one being a woman, and about thirty passengers were injured. Engineer Wilson was badly scalded, but not seriously injured. . Surgeons were sent on extras from both Bum.ter and. Columbia. A netrTo who saw the washout ' made a' desperate effort' to warn the train With a piece of red paper In his hand, but the engineer either did not see the signal or saw It too late. Killed: J. J. CLEMENTS, conductor, Wilming ton. FRANK ROBS AND HIS WIFE, MIN NIE ROSS, of Sumter. JOB DAVIS of Marlon. NED WESTON of Sumter. Weston died on the relief train on way to Sumter. his WILL BE TRIED AT JACKSON Court Declines to Grant Change of Venue In Jett and White Murder Cnaea. JACKSON. Ky.. June 8 -The order changing the trial of Jett and White mur der cases to Morgan county has been with' drawn and the casea will be tried here as soon as a Jury can be summoned from an adjoining county. Curtis Jett and Thomas White, alleged murderers of James Marcum, were brought Into court by a file of soldlera today. The court's order of yesterday to hold their trial had not been entered and upon the auggeatlon of Commonwealth Attorney Byrd of the Inconvenience and danger to witness entailed the court directed that the order be not entered and that the cases go i to trial heVe. The judge will appoint a deputy to go tn Brother county and get a Jury. The jsll guard wa called out last night by a number of shots which were appar ently fired In the Jail to annoy the soldiers. Otherwise everything Is quiet. SEEK RATE MODIFICATIONS Harvester and Steel Repreaevtutlves Appcnr Before Transcontinental Frela-ht Bureau. MILWAUKEE. Wis., June 8. The second day's session of the Transcontinental Freight bureau at the Hotel Pflster was de voted to the consideration of schedules and discussing the various claims by shippers for changes In the classification of their commodities. Those who appeared personally In support of their petitions were Wilbur H. Everest ef Pittsburg, representing the Westlnghoue company; J. Young, traffic manager of tho Acme Harvester Co. of Peoria, III., and T. F. Bentley, traffic manager of the Illinois Steel company of Chicago. Movements of Ocean Vessels June S. At Queenstown Arrived Majestic, from New York. Snlled: Ivernla (from pool), ior Boston. Arrived: Westernland from Philadelphia, for Liverpool (and pro ceeded). At Scllly Passed: New York, from New York, for Southampton; Marquette, from New York, for London; Montevldean, from Montreal, for London. At Southampton Sailed: Menominee, from lxindon. for New 1'ork; Kaiser Wll helm der Grosse, from Hremen. for New York, via Cherbourg. Arrived: New York, from New York. I'assed: Hurst Castle, at 12:46 a. m At Liverpool Sailed: Friesland, for Philadelphia, via Queenstown; Germanic, from New York, via Queenstown; Kensing ton, from Mo. ureal. At Bremen Arrived: Kaiser Wilhelm II. from New York, via Plymouth and Cher bourg. At New York Arrived: Teutonic, from Liverpool; Numldlan, from Glasgow and Liverpool, via Halifax. Balled: Barcelona, for Hamburg, via Newport News; Phila delphia, for Southampton; Kyndam, for Rotterdam, via Boulogne; Oceanic, for Liverpool. At Manchester Arrived: Caledonian, from boston. At Oeno Arrived: Victoria, from Phila delphia. At Brow Head Passed: Dominion, from Montreal, for Liverpool; Hungarian, from Montreal, for Glasgow; Aurania. from New York, for Queenstown and Liverpool. At Antwerp Sailed: 1'ennland, for Phila delphia. At Cherbourg Balled: Kaiser Wilhelm der Groftse. from Bremen and bouthamyton, fur New York. WATERS GOING DOWN Work of Bepair Begins in the Lately In undated Towns. FIRST THOUGHT FOR THE HOMELESS Communication with Kansas City, Kansai, Opened by Bteamer. SYSTEMATIC RELIEF PLANS IN OPERATION Snn Shows Its Faoe and Both Rivers Are Falling. HOUSE TOPS SHOWING ABOVE THE WATER Rise In the Mississippi River Threatens the People of St. Lonla and Points Be low that City. (From a Staff Correspondent.) KANSAS CITY, June 8.-(8pe:UI Tele gramsKansas City is standing by today, still hopeful, still alert, ready to act the moment the now rapidly receding waters makes action possible. Already the rail roads are laying their plans and Just as soon as the tracks are uncovered every available man will be prorated Into service rebuilding and repairing. Already arrange ments have been made whereby all the money necessary will be forthcoming and the construction officials have begun to look up such material and supplies aa will be required and what Is true of the rail roads Is true also of the other large busi ness Interests. The upper floors of ths Stock exchange building are. Indeed, even now In the hands of cleaners, although ths river still rages below. Gas Is now avail able In limited measure, seven street car lines are In operation and by tomorrow evening the water famine possibly will bs lifted In the business districts. Besides this the only new developments today was the establishment of a ateamer service between the two Kansaa Cltys. Across the river the smaller sister haa suf fered most, but even there things are gradually looking up. At some risk and considerable trouble supplies have been taken In to feed the hungry and. accord ing to latest advices, the same spirit of eager optimism animates the Kansas as the Missouri sufferers. With the passing of danger nnd reopen ing of the various branches of the publlo service a growing Interest Is being taken in the probable chango In the courses of the twin devastators, the Kaw and the Missouri. There seems to he no doubt now, aa Indicated In Monday's dispatch, that when the present flood finally subsides the channels will both be changed. REPORTS WERE EXAGGERATED Loss of Life In Kansas City Not as ' Heavy as Had Been Reported. .'- KANSAS CITY, Jtne 8. -The Missouri river fell seven Inches between 1 a. m. and 7 p. m. today, and the Kansaa river fell nine inchea In the same time. The fall of ' both rivers will be at a much faster rats tomorrow. The sun shone during a large part of the day and the general feeling was hopeful. Militiamen and police still guard all approaches to the flooded dis trict and soldiers halt pedestrians in tho reslJence atrtets late at night, for thera are no street lights, the electrlo light plant still being shut down. Several street car lines aie in operation and the othora wi.l resume In a day or two. The city water works will begin pumping lato tonlcht, aad ' the business district will be up,i:.ed w1tu water tomorrow. The railroads are ju'll giving Incomplete service, but are repair ing the washouts. v The reports of heavy loss of life In Kan sas City, Kan., are not true and the stories of bodies lying In the drift are unfounded. The loss of property has not been over estimated, however. An Associated Press launch crossed, to Armourdale today and cruised for miles through the water in what were formerly streets. In many plaoan water Is twenty feet deep and the 18,000 inhabitants have fled. Except the watch men In the packing houses on the river front, not a human being was to be seen. Red and white flags hung from the upper windows of some houses, the occupants of which had evidently been rescued. N steps have been taken to protect household goods In the buildings. Channel May Chance. Armourdale will not be Inhabitable for a long time after the flood subsides. Every building has been more or less damaged, hundreds utterly ruined. A strong current has set through the town and the river may persist in following this course. In the old channel . In front of Armourdale the stream flows moderately, but through the town the water rushes rapidly. There will be six feet of solidly parked mud when the flood nbutes, and this will need to 1 e j cleared sway. On the flat roofs of houses that have been uncovered a foot of mud Ilea. Kansas avenue, the principal thorough fare of Armourdale, presents an extrao--dlnary appearunco, being chocked twenty feet deep with the debris of houses, tele graph poles, sidewalks and fences. Tlie brick buildings have stood, loosing all their windows, but the water has parked the streets with rubbish. The clearing away of the mud and ruins will be a work of months. Argentine, seen from the river, seems to have suffered little further Injury slnrc Sunday. In the west bottoms of Kansas City the waters of the Kansai river are rushing through the streets llki a mountain torrent. Several other brick buildings, undermined by the water, fell to day. Not one wooden building is fit to l e used. The elevated railroad Is tearinr down a number of Its stations, which w to'auTing. The police are very active I t the wholesale district, where many loadcl freight cars stand on the tracks, and tho warehouses are full of goods. Men prowl ing around In boat are compelled to ac count for themselves under the pain of shooting. In the stock yaida district dead horses, mulea and cattle are unloading o:i every side. The elevated roadways are full of cattle driven from the pens, and th j necessity of looking after these animal t makes the district busy, men going about in boats. Railroad Losses Great. The losses of ths railroads on loaded am' empty cars standing In the yards of the west bottoms. Is even larger than repre sented. The contents of the loaded car i must be seriouslv Injured and practically all of the thousands of cars have beon overturned, twisted or smashed. The sub sidence of the water (eft a fringe of dry area next to the bluffs In the west bottoms. Ths owners of houaes and stores vacated (Con tin und on Page Three.) 1