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Tm ' Omaha Daily Bee.
ESTABLISHED JUNE 19, 187L SINGLE COPY TIIIIEE CENTS. OMAHA, FIIIDAY MOKXIXO, JAXUAlSY S, 1904 TWELVE PAGES. CANNOT AVERT WAR Scch U the Opinion Giten by T ?ior of Chinese Commancu AMERICAN PLANS SUBJECT OF INTEi.. D'plomaU Woicler Vhat Course Tha Ocintry Will Tax tut in Asia. JAPAN PLEASED WITH MARINES' LANDING Taktt Aetioi to Meai that it Can Increase Iti Foroa There. RUSSIA'S REPLY IS BEING CONSIDERED While the Feeling Prevails that War Is Almost Certain Both Bides Hope to Avert Opts Hostilities. LONDON Jan. . The Dally Malls Tbkio correspondent learns that Russia has made new demands which it will be mpossible for Japan to entertain and prac- tically removes all hopes of pacific set tlement. Tha correspondent says that all tne powers are lanaing iroops in wr i nrf .v,.t ,-. ititi.h l.liu la.kots lnnded at ChetnulDO are expected to go to Beoui Immediately, CrmstiiBt telegrams ara passing between M. Pavloff, the Russian minister to Corea, Uaron De 'Rosen, the Russian minister to Japan, and Viceroy Alexleft. PBTKINO. Jan. 7. General Yuan Shal Kal, com;nundcr-ln-obief of the Chinese army and navy, sent bis foreign adviser, . nari.-s i Denby, Jr., to Peking to investigate tne ra- port aa to the probability of war. Mr. Denby has reported that according to tne best opinions obtainable, based on dlplo-1 inatlc information, war cannot be averted, Paris Has l.lttle Hope. TtT7ia , -.mi.t diinmntlr , v,J. iim K- -iiho.,i i. - " ... formation regarding the contents of the Russlan reply to Japan, but tha tone Is dls- tinctlv resslmlstlc and thero are but slight hopes of a peaceful exit from the position In which Russia and Japan find them selves. The diplomats are making In 4iiiric as to the attitude of the powers in case of war, that to be adopted by the United Statea being regarded as particu larly. Important To. the Associated Tress the Japanese minister said today: The attitude of the United States will mean much. It, has negotiated a treaty with China, for the onenins: of three uorts I In Manchuria to the commerce oi ine- world. These ports have been occupied by I .vioi-t. H II ,T I . 1 D 1 1 1 ' I QtlutU J w-.'.o.. ......... V. 1 1 - l n,rlnr In t M Infantat n f all tintlniiH. 1 hoi the United States will clearly uV-I tlnrstand our position and will favor , ns with their support. The correspondent asked the minister If I he had lost all hope of peace. "I never loae that hope," he replied. Specalate bm roarae of China. would be Broclalmed.i but In case of Jap- . m l i i . i . , .. i J i u.i . , , I H-me 1WBV. rnalrmnn nf tia nim mltfna nn I I i. ciuiin. v.w... w w t,.-,, ,.,' , . ---- -- lf notning unexpected happens all the sol- ator at nuipie miii anu tola mm to Information In regard to the attitude of appropriations obtained unanimous consent ,. ... . . . , , . . I tlfy us of a wreck. W e started at al -hin- in it,. .ni nf r . ft wa. an id hnt I that one hour be' devoted at tha oreniiur I . ' . i""1"'" I tli time the wiw k rrr vrred und arrh ' I r.;7. ' . '"J,- n'rT.iiiJ ofltomorrow". Belon for consideration nf nrday:- . -. I at the scene rtwit-aiurty minute. atw tma, Lata vuioiv wi viaiu . I wt.j jm a W A !.. I . anese vlotorlea It would not surprise theliQ tor the eradication of foot, and mouth legation if -the Chinese should cast their lot with Japan. This would seriously em- barraas RUBsta. not because of the lm- portance of the Chinese as a fighting force, but because of the danger of thn lnterrup- tlon of the Russian communications. The action of the United Statea In send- Ina marines to Beodl. Corea. Is regarded bore as being a "significant indication of the trend of lt sympathy," and It Is known to be gratifying to Japan, because It es-1 i . i..k ka t ...... I . k I can follow if necessary in debarking a I strong force on tho peninsula. ' I It is Insisted at the Jaoanese legation that . - , ' , i Japan never, requested tha view of Russia Upon the question of dispatching troops to Corea and it la asserted that this action would be taken If necessary without con sultation with that government. A dispatch to tho Patrl from Con stantinople says Russia Is negotiating with Turkey to permit its Black aea fleet, aald to consist of seventy-six .ships. to pass through the Straits of tbe Dar danelles. .. BREST, France, Jan.- T. The Russian niiair Aitnna nf i ana tons, leaves hera in. I M v- teorrow for tha far east ( RnsalaSi Marines at Seoal. WASHINGTON, Jan. T.-Unlted Statea Minister Allen at Beoul, Corea. has cabled the State departmeut, under today's date, that tha Russian marines who were landed at Chemulpo and who were refused trana- 7w-..i,.n in h.,1 v. th. J.nnea. rail. way have reached tha capital, marching overland. TOKIO, Jan. 7. Tha government Is silent concerning the terms of tha Russian re. Joiner. A high authority here, however, says that the reply la unsatisfactory to I - w. j ... Japan, eaoeclally In lta features bearing ihon tha natinn nt ,r.. h av thai the Russian government In lta communlca- tlon emrraara a iair for nea.rfiii aottia. ment of tha matter, in dianuta. Jinan has token tho reply under consideration and t convinced that Russia's protestations ara honest and (hat there la a chance for peace it will oontrnue the negotiations.' At the . same time, the ministry Is unqualifiedly od- posed to a long delay. It Is becoming ap- tiarent that Japan would resent any Inter- f ventton upon the part of any of the outside powers In tha ..tremlty of the crUia. it U thought possible .her that the United States might Intervene. Such lnterven Hon. the Japanese aay. would be unjuat and only create delay, which would b ad vantageous to Russia, ST. PETERSBURG. Jan. 7. The war min istry has received g dispatch from Toklo saying that Baron d Rosen, the Russian minister, presented Russia's reply to the Japanese cabinet yesterday. GOLDEN STATE LIMITED OFF Roek Island's Biirll Tenia Tries Tl w TOPEKA, Kan., Jan. 7. A special to the State Journal from Tucuracarl, N. M., aays: Th Golden State limited, the Rock Islund'a through train from Chicago to California waa detailed at Revuelto thl. morning. No vita waa .tnwi- inuncuKcr U.lll, vq- bind time and running at tbe rats of sixty nillua an hour, swung around a curve and atrui-k aevaral rara of a frvlaht tmln which had taken a siding, but which pro jected onto tha main track. Th engine of th limited train waa disabled and. deraihd, many box cara demolished aud 1M yards of tra--k torn up. in ampatcn -noes not stat whether or not any one was luiurea. At th general omces of the Rock Island her It Is stated that "no one was killed or seriously Injured." Tha officials wer unable to atat whether any had been la- Jtued aughtly, . KHAKI, COLOR CATCHES KAISER luce Seeing Corhln, loan und Wood L II Rtnolrra t poa Ihtigt la 1 nlforms. BERLIN. Jan. 7. Since Emperor William ' Generals Corbln. Young und Wood In I v. new uniforms at the Oermart army , , era in September, the army ''4 ."'ors of this country have been ex- t't with similar shades and have l'l 'vj. blend between straw color snd llRh. i green, whlrh presently wld be substt. .cd for durk blue throughout the army as tho uniforms of privates and non commissioned officers. The cloth has b""cn tested for a year, un der service condition for wear and clean l- ness.-It was found In the last summer maneuvers that the new uniforms are scarcely distinguishable at a distance from rtrir .i,ii.t.in n. tt in v.- ,u dry stubble or grass. It will be three or lour years before the present uniforms en- tlrely disappear, as the government has upward of 8,000.000 old uniforms in stock, though the greater part of these have seen aervlca. Th. rlm . . . , . I . .... ,.,,. .,,r,,fi,i ,a ,o miKT-T-i. ready-made clothes manufacturer In the ,, ,-. world, turning out fcjO.GM) to 800.000 uniforms k "'"""' - ui-,, wcnuier. p0p pUES THE MEXICANS xhey Do No, gef ow H? Catl IJop- fo .. . . r.nier 1 pon IMplomatlC Aeaotlatlons MEXICO CITT. Mex.. Jan. 7 The news from Rome that Pope Pius X has appointed jgr. Seraflno. bishop of Bpoleto. aos tollo "delegate" to Mexico instead of apos tolic "visitor." as was reoorted. excites some interest heTe, as the telegram as- serts that the Vatlcau considers .this as f the first step towards the resumption of diplomatic relations between Mexico and the Holy See. At present there appears no likelihood that the Moixcan government Intends to resume direct relations with the Vatican, The existing constitution makes distinct aeparatlon of the church and state and the "government grants impartial protection , .. T-V,. l ,l,.' ..... . .. " -- ""-"" "7" I..TrfBlae"1 JUttfeit i . ..!.-,.. . . " "l rlu'" mom. I For these reasons there is some curiosity felt here as to what grounds the Vatican nas tor Deueving it can enter into dlplo- matlo relations with this country. Father Clark Ileneliea Honolulu. HONOLULU, Jan 7.-F. E. Clark, presi dent of the Society of ChrisHan Endeavor, arrived here on tho steamer Blerra on his tour of the world. He was riven a warm reception on the wharf, HUUSc HOLDS BRIEF SESSION Twelve Mlnates Authority la Given to I'se Money Aaalnst Boll Weevil. WASHINGTON, Jan. 7. The house was In session but twelve minutes today. Mr. bill amending the act appropriating 500, disease among cattle so as to make $260,000 " that amount available to meet the emer- Rency caused by the Mexican boll weevil. The bill was favorably reported today. Ad- Journed. ' , - " . Nominations by President. I WASHINGTON, Jan. 7. The pVesldont to day. sent the following nominations to the eonate for postmasters: California James L. Matthews, Covlna; juuury . l . r lint, wra jiiiceies. Irtaho-Charles W. Wilson. Sand Point. B.-cmid asHlHtiint engineer of the revenue cutter service, Harry M: Hepburn, Iowa. - K?"'omce appointments: Indian Territory wimam n. i asieel. Mounds. lowa Frank J. Tlahenbanner, Gilmore City: Wil- nam c. Maras, Aureus; uenjamin r . WoallUl Vnllll- T .1 fm I.' lil :i ,H n M.Milknni William D. Junkln, Rock Rapids: Richard jvi. uoyn, BuniHirn. Missouri cnaries u. Gray, Cartervillo. 1 , Confirmations by Senate. WASHINGTON, Jan. 7.-The senate to- day In executive session confirmed the following nominations: . . 'jonn . iiiacK oi - Illinois, civu service I cominisBluner: Henry I). Baylor of Penn- rylvunia, conn many: Lawrence O. Murray of Illinois. I Mrtpini.in --ii-w7 ui niviiinrivo uu inunr, l.uther 8. Kelly of New York, agent for the Indians of San Carlos agency. Aria. PoHtniast ers: Arkansiis-Owen J. Qwen, Jr., Conway. Iowa Frank V. D. Bogert, Paulina. SAYS AMERICANS ASSISTED Senator Morgan Replies Address f Senator Lodge on. Paaama, Question. WASHINGTON. Jan. 7.-Mr. Morgan oc. cupled the time of the senate today In a i i 4 . 1. ..... 1. T .T - "v-red last Tuesday. Mr. Morgan aguln attacked, the president and the attitude I ' ,hl" government in connection with the Panama republic. He Introduced numerous ewapaper extracts to bear out his conten- uon lnal ,n9 revojution was assistea py I omcer" and clUzena of the United States. I l r- laorgan saia ina it toe unjiea mates anouia witnaraw rrom the isthmus Co- ,onlu'a would quickly drive out the few revolutionists ana their supporter. FLEE FROM ACTIVE VOLCANO Mexicans Are Alarmed b y Renewed ' Activities on the Part of Mount follma. CHICAGO, Jan. T. News from Guadala jara, Mexico, says: Violent eruptions of Mount Collma volcano have caused the In habitants of the country Immediately ad jacent to the mountain to become alarmed. Many of the people have left their homes and sought safety from the ashes and 'vs- 1 he most terrorising feature of the erup- I. .v. ,,w in-j . 1 1 ysy wuu u are felt In th region of the. volcano. These I sltnila disturbances are of unusual n I verity, but po serious damage has been re- I ported. CROWD WITNESSES A SUICIDE I . I iiarry Hendrlrkson Takes Slryehalae In Well Filled Resort at LEAD, 8. P.. Jan. 7. Speclal Telegram.) Harry Hendrlokaon, an Englishman who arrived in Lead a short time ago from Colorado, committed suicide In one of the I puuiio reaorts by taking a dose of etrych- nlu. Although th deed was done In the I presenc of a room, full of men, who at- tempted to prevent It, Ilcndrh-kson sue - I ceedej In kllllug himself. Hendrickaon I waa a orlpr.1 aud waa unknewa la Lead. m) ft) WORK OR TO PRISON Miners la Crlppls Cr?ek Dietrict- FEDERAL COURT MAY BE APPEALED TO it, Relmera, lllsen of Sm York, May Sue Oat Writ of Habeas C'orpas to Teat I'oiter of MHHIa. CRIPPLE CREEK, Col., Jan. 7 -The fol lo"'ln noilc wa8 poB,Ml hrr" ?day: M .rT V7V ,n e r has been decided In many court that mem- fr" or organirea lanor are not vagrants. Keep your union cards. Refuse to be driven awa 'from yoiir homes. -f compelled to leave by force of arms, union men are ad- I vised to return 'm.01'' VJA"?. 'irtJl'pl? Mlners wIM protect aTl striking miner and their families, CHARLES If. MOVER WILLIAM 1. HAIWUUU, western Federation of Miners. i. i. a ji ..in i . b uiiun niuvu luni untj qiuic ua -n I Klven BtrIk(,r(, to ,cave tne d,strict or obtain employment. Preparations are being ,.!.. I. i -i.i .... ui...i .,... morrow. Prisoners against whom no uuir, , id etuu, a 'Si n iivi i nuirj onroia vi- charge other than vagrancy Is made will be evicted from Teller county and will not be permitted to return. C. II. Relmer. who was arrested vester- day, is confined in the county Jail, but no criminal charge has been filed against him. His home Is In Buffalo, and an attempt heard A. L. Frank, superintendent of the may be made to take his case before the Rarus, tell his men to "keep those fel Unlted States district court on an apvllca- lows out" by blasting. If they bad to. tlon for a writ of habeas corpus. Says Governor Fears Courts. DENVER. Jan. 7. President Charles H. Moyer and Secretary Wt D. Haywood of the Western Federation of Miners, today Issued a statement In which they declare that the strike In the Cripple Creek dls- trlct "Is not broken, though the republican administration has spent nearly $1, 010,(00 of the state's funds to Subserve the cor poratlons and make good their ante-elec- tlon pledges." The statement denies that any Insurrec- n cxjbis ana contenas mat every consti- "onal right of the people has been grossly 7 . - ----- - violated by fJovornor Peabody and his mil- Hnrv HuhnrdlntilpB Tti ro.tilf n f Pnnln habeas sornus la cited nrnof thnt the governor la "afraid in allow th. highest court In the state to determine the question as to who Is guilty of lawlessness In the Cripple Creek district." After referring to the vagrancy ' order Issued by the military commandur at Cripple Creek, the statement says: "The members of the Western Federation of Miners on a strike In the Cripple Creek district are receiving all necessary means of support from a fund which they have helped to create,' and we challenge the right of any one to deny them that priv ilege." Oovernor Peabody announced today that the troops will soon be withdrawn from Cripple Creek. "I think the civil authorities will be able to cope with the situation,',' continued Governor Peabody. "At least I hope so. The governor also said that tho force on duty at Tellurlde would be materially reduced this week. Many Weapons Confiscated. TELLURIDE. Colo., Jan. 7!-Flfty-slx men have been expelled from San Miguel county by the military authorities since " . . .' I the publication of . the governor's martial law proclamation. About forty-five of there men are qunrtered at Montrose and Intend to return to Tellurlde after the troops are withdrawn. Tha search for firearms and ammunition has been completed and be- tween 600 and 700 weapons have been con fiscated. Trial at Georgetown. GEORGETOWN, Colo., Jan. 7. William Bate, former president of the Idaho Springs miners' union and chief witness for the state in the Sun and Moon dyna miting case, was subjected to a severe cross-examination today, but his testimony concerning an alleged conspiracy not only to destroy the Sun and Moon property, but also to blow up the powor plant at Idaho Springs, waa not materially shaken. Bate tesunca mai u. opuey, a inemwr oi th oaniitivA hoard nf tha wtAm Vdr. caiiuu is, niiioi nuu vtiv ui iiic uricnuaii in, i was in lull cnarge ut ww striae m luano I c., ,h, v, .,, !" - . - committee to tun nonunion men out of town. . i Company Refuses Arbitration. BLOOM INGTON, 111.. Jan. 7. The mem- bers of the State Board of Arbitration to- day made public their report on the street railway strike and left for their respective headquarters. .The report is unsatisfac tory, as no concessions codld be secured from the company, the answer being that tho strikers had formally left the service Uf the company and that there was nothing . ... to arnitrate. The board secured a concession from the men by subetitutlng 18 cents an hour for 19 cents, as first demanded, but the com pany refused to pay more than 17 cents, the old scale. The company also refused to take all or tne atrixera as a body, but I would only agree to take them back under I inamauai contracts ana oniy as neeaea The failure or tne state board to effect settlement is taken to mean that the Strug I gle win be continued indefinitely Commencing with today, the cars are all runnln n ,hP'r fuU chedule- rhr Is still slight disorder, the most serious case being the firing of a bullet through the West Chestnut street car last night. No one waa struck. lllrnols Strikers Arrested. CHICAGO. Jan. 7. A dispatch to tha Tribune from Aurora, III., says that be- "u" , " rKHU" - ' i nrty strisers r.ave oeen arrested. The r rl lur "earing next weonesaay. PERRY HEATH HUNTS MARSHAL Flnds Him, una summons Served and Starts Waanlagtoa to Testify. SALT I.AKTS CITY. Jan. 7. A summons In Ik. nf t .U j,v-Afnm.n I former Bunerlntendunt of Rural Delivery M'tchen was served on former First As alatant Postmaster (Jtjneral Perry 8. Heath today by United States Marshal Heywood, Mr. Heath arrived at bis home from Den ver last tilgbt. He was told Immediately of the reports that subpoenas had been Is sued for him and this mornlna nresented himself at the marshal s ottlce snd asked that the papers be served. Mr. Heath will I leave for Washington tbls evening to give I teatlmoi.y In the case. I , I Mrs. Hannn a Brother Is Dead. 1. 8ARANAC LAKE. N. Y., Jan. 7 Carl I ior,u'"' 'f1 er-ln-law of nanlel R. llanna of Cleveland. O.. accidentally shot and killed himself her last lilgh', S ADMITS BLOWING THE LIME Trelae, a II rinse Superintendent, tJlves Hearing- at Ilrlena. ST. PAUL, Minn.. Jan. . A special- to ,no Dispntch from Helena. Mont., says: 1 he fourth session of the coroner s Jury investigating tha manner of the death of Samuel Olsen and Fred Dlvel, who werti killed by an explosion In the Michael Dcvltt mine, brought out more sensations. County Attorney Breen announced that he had rerelved a postal card containing a threat and a promise of "rope" If he con tinued In the line be had been following during the Inquest. The other disclosure was the admission of J. TreM, . Iieln,. upcrltaent, th ho had tx-rsonallv blown air. dust and lime Mo the eves of the miners In the Pennsyl , ' vanla property during one of tha under ground battles, and the acknowledgment of the much-tolked-of secret crossing in the Michael Devltt mine through which it Is allcgod loot ore had been taken. In dctulllng the lime incident Mr. Trelse said that when ho broke through the bulk- nead into thn Fennsvii-ania. mine tne men - i - would not let him. on the property. He then blew air from a hose on them, after ward . dust and, that falling, had a box of Powdered lime brought in. which accom plished his purpose, lie entered tne mine from the ."Rarua," James J. ' McUrath, an electrical worker employed In the Never feweat mine, dui ho was In the Rams mine at the time of the explosion, testified today that he James McQuade, a sttift boss at the Penn sylvania, denied that any blasting was .done In that mine on tho night of Decem ber 12, but said he heard heavy blasting In the Rarus. It was so henry, he sold, that his men could not work for the smoke. He thinks ten boxes of powder were set off at the entrance to the Pennsylvania works by the Rarus people. DISPATCHER CALLED DOCTORS Hlaht Mlnntea Before Kansas Wreck Occurred Phvalrtana Were Notllleil nf Accident. aasaasBBaassB TOPEKA, Kan., Janl 7. Yesterday's wreck of the westbound Rock Island ex press at Wlllard, in which seventeen per sons were killed and thirty others were Injured, was anticipated by the train, dls patcher In Topeka eight minutes before It occurred, according to a statement made today by two members of the coroner's Jury which has been called for this after noon to Investigate the cause of the col lision. These Jurors are Dr. J. M. Kemper and Dr. C. Menard, physicians of Maple Hill. One of them made the following state ment today and it was corroborated by the other: We were called to the scene of the wreck from Maplo Hill just eight minutes before It occurred. When the cattle train was reported through Maple Hilt und the pas senger train tlirounh Wlllard, the dis patcher In Topeka knew tiiat a wreck whs coming. He Immediately called the oper- no- tbout ,-ed The session of th coroner's Jury has been postponed until this afternoon tie- cause of the nonarrlval of several rail way employea summoned as witnesses. Tho body of the 8-yeur-old boy killed In the wreck Is still unidentified at the morgue here. The Injured at the hospital .. .... .......... 1 i.T .. , , .a i. v. are progressing fuvorably aVid it la be lieved that none will die. CONFESSES TO MONTANA ARSON Salvation Arniy Hermit Tells St. Lonls llotrl.- I ST. LOUIS. Jan. 7. Apparently con science stricken and his mind aflame with religious ardor, William Wilson,, aged -32, a Salvation Army recruit, walked Into police headquarters today and confessed that on July 6, 1901, he had set fire to the Occidental hotel. Rosebud county. w. wh,n ri,rt m th da t nerson and injuries to twenty. Wilson dalappd tht another man Is in the uenl- tentiary serving a sentence 1 for the deed and that It Is to ease his Own conscience and give this man his freedom that he i anrrendered himself " . . m. . w uson saia mat he did not fire the hotel Intentionally, but that he accidentally dropped a burning match In the hallway' and when he saw the flames spring up he ran lnsteal of raising an alarm. He fled "fJght to St. Louis and later learned 't' "ma" "au ""' l. the penitentiary on circumstantial evi dence. Recently while attending a Sal vation Army meeting he broke down and to an arm y captain. Two Sal I vulln. Armtf nffiottra n nenm ni n tail YLHI-inv vatloa Army officers accompanied . Wilson to the police station. He is being held by the police and notification has been a-jnt the Montana authorities. ' EARLY REPORT ON TREATY I Senate Committee on Foreign Affairs Considers Eight Sections, but May Amend. WASHINGTON. Jan. 7.-The senate com mittee on foreign relations today continued consideration of the Panama treat. When the committee adjourned eight sec llu" nai oeen au B3a uiBcussea. ine democratic members suggested' a number ot amendments Intended for the purpiso of strengthening and making more certain and absolute the control of the United States over the canal. None of these changes was . definitely acted upon, but the republican members In dicated a willingness to give them consld i prnitnn. 'rni'V aeriarra limt rriAv u,-r rrady t0 muKe changes which would lm I DTOVa the treaty and it was aenerallv aOTAul thai iinHil thtt rircaanr hIh.iihi stances this government would be able to secure any terms which might be conaid- ered requisite to secure ratification of the treaty. If Is now believed that the com mittee will be ready to reportXearly next weeu. INDICTMENTS IN MISSOURI Nine Returned by Federal Iaqulaltora at Hannlbnl la PoatolHce Matters. HANNIBAL, Mo.. Jan. 7.-Th federal I grand Jury, which has been Investigating I alleged bribery In the purchase of sites I for pontofflces In different towns la the I state, made report late today- returnlug I nine Indictments. Against whom the In I dictments have been returned has not been I made public, nor hay the charges been made known.' It In said on Indietment I ttutrgs embesslement of poatoOlc funds. I . . I T" discharged. LAWYERS ARE IN EVIDENCE targe Kumber Attracted by Hitting of tha State Bar Anociation, WEBSTER ON LAWYER'S PLACE IN HISTORY Jaatlce MeClaln of Iowa Talks on 'Civil and Common Iw"-Heeep-tlon lo Judaea of Supreme and Federal Court. Owing t6 belated trains and the Import ant proceedings now pending In the United States court, the proceedings of the open ing pesMlon of the fourth annual meeting of the Nebraska State Bar association were necessarily somewhat curtailed yesterday afternoon. Merely routine business was transacted, the most essential part of which was amendments to the by-laws which ex cused nonresident members from paying dues. New members elected were: Edgar Fer neau, Auburn; W. L. SUllmnn, Omaha; W. C. Brown, 'Springfield; J. J. Helllgan. North Platte; 11. S. Daniel, H. H. Bowes, C. J. Smythe, Omahu; John C. Hartigan, Faii-bury; Lewis Paulson, Mlnden; M. T. Uarlow, Grand Island and E. E. Good, Wahoo. The delivery of the annual address by President John L. Webater, announced for the afternoon session, was deferred until the evening meeting. The city council chamber presented on animated and Interesting appearance last evening on the occasion of the public recep tion to the members of the Nebraska su preme court and supreme' court commis sion. Among the visitors were many, of the most notable lawyers of the stuto, and the Interest of the meeting was much en hanced by the presence of muny women. The audience Included nearly the entire bar of Douglas county, with a number of leading legul lights from Council Bluffs and South Omaha. Judge Barnes Presides. The meeting was called to order at 8:15 by President John L. .Webster, who an nounced thut Hon. J. B. Burnes of th Nebruska supreme court would act as tem porary chulrmun for the early part, of the meeting. Upon assuming the chair Judge Barnes was greeted with applause. He said: '"Ladies and gentlemen of the state bar association, I esteem ft a very high post of honor to preside over this meeting. It Is neither expected rior would It be ap propriate for mo to make an address at this time. We are here to listen to the addresses of the distinguished president of the association and of Judge . McClaln of the Iowa uupreme court. I have there fore the pleasure of presenting to you the Hon. J. L. Webster, president of the Ne braska Bar association." , Webster's Annual Address,, Mr. Webster was warmly applauded as he -came forward, und at once proceeded to the delivery of his annual address as president of the association. President Webster had. for the subject of his annual address "The Lawyer: His Place In American History." He treated th topic In a soholurly and Interesting .man ner, briefly calling attention to the brilliant achievements of the many learned and profound lawyers wliose names grace the pages of American history, outlining In a word or two tbe notable achievements and public services of each and telling of the benefits that had accrued to the public be cause these men had devoted the riches of their experience and acumen to the public good. His concluding remarks were de voted to the constitution of the United Stutcs and Its present day destiny. Qn this head of his address he said: The constitution of the United States Is a written document, but from its general -tleclaratlons and implied powers it possesses flexible qualities. Back of it there ure the . necessary Inherent powers of national sov ereignty. The supreme court of the United a la us took up the wora wnere Hamilton left It off during Washington's administra tion and has Kone on from time to time applying and adapting that constitution to thw necessities of ciiunged conditions. An Engllhhman said some year ago: ''It is therefore hardly an exaggeration to say that the American constitution us It now stands, with the mass of fringing decisions whlsh explain It, Is a far more complete and finished Instrument than It was when It fame fire-new from the hands of the convention. It Is not merely their work but tne work ot tno junkes ana most or all of one man, the great Chief Justice M-frsliall." But since that day a yet more liberal view has been taken of the consti tution when applied to the exigencies and the necessities of a nation which has be come a world power. Prof. Plngrey has put the query,. "Is the constitution of such a nature that It must be construed and In terpreted to meet the exigencies of the time In a manner subservient to popular sentiment and progressive history? A Canadian writer In a book entitled The New America, puts the uuery: Has the supreme ccjrt plenary powers to modify its Constitution by a construction and In terpretation to meet the demands of civil ization? Have the executive and legisla tive departments potentiality to Ignore the constitution when expediency seems to re quire It? rnese writers, nowever, were speaking as critics and not as lawyers or stutesmen. But thre are reasons whv great Jurists and statesmen should look into couuitions as tney exist wnen tney ap ply to them the words and sentences of the constitution. l'rof. Taylor has well stated the case in the following' sentence: "Even those of-our people who are neither readers of history nor students, of the science of politics are beginning to under stand thut the silent and irresistible law of growth - whlcti vpands thn girdle of the wu, ib an equally trresistihle law of our national life, which neither legislators. jurists, nor sentimentalists can suspend or control. hi 111 Fits the Government. Tho question has sometimes been asked: ' lias the L lilted Mates outgrown the con stllutlon Tliu statesmanship of the gnat lawyers who have compost-d the supreme court of the United rkaies has substan tially answered that question by giving to the constitution that flexibility which has mailo it applicable to existing conditions. It may bu said of both the British and leijerai constitutions that they are "bun dies of Institutional principles." many of which are older than the English speuklng race. On another occasion I said: "The constitution may b compared to the stwd framework of a mammoth building. The rooms and apartments und corridors may be changed from, time to time to meet the necessity of the occupants; the. walls may be torn out and reconstructed: It may be changed In color and exterior appear ance; but the steel framework, strong, massive, enduring, continues to support tho structure, sustaining all weights and weathering ull storms. It need not be de molished until the building us an entirety snail come down, ana ir nestroyed the en tire superstructure may become a wreck und ruin; but if permitted to stand, It may last through the cycles of time, an im perishable monument of a representative government. Tbe Monroe Doctrine. There is no policy of our government thut lies closer to tne Hearts or tne Auier loan ieople 'than the Monroe doctrine, its earlier expressions may be, found scattered tlirougU the writings of the lawyer, states men. Hamilton, Jefferson. Adams, to sthe lawyer president, James Monroe, who gave it mtlelul form and declaration. During tiie administration of President Cl?vtliid U became necessary to SDl'ly that doctrine to a new condition, and to give It a broader scope and meaning. Great Britain was aliout to seise a part of tbe territory of enesuela. 1 hen It was that oue whose whole life had been devoted to '.he law, and who for the first time, as It Were, 8teps-d from the court room o l ,) W WIUUH V, Allir, ll CUIIVI , 111 (Continue on Ninth Page.) NEBRASKA WEATHER FORECAST Fair Friday and Saturday, Temperature at Omaha, Yesterday! ntiur, liri, Hour. n a, m 2 li, n ! I n. m SH 2 p. m ft? a M. . n m. .... At . ........ " r - - - I M a. m AO 4 p. m " m. ni ', M fl p. m t.JI lO m. m M n. ra ' I it a T p. ra ",l l m. 4 h p. ra 4:1 I) p, . 40 I PLACES DANTE ABUVt . ALL p..! a I a. n.ai.p.1 h .. 1 . ltlsrh Priest of Nature's roet. ' Dnnte. the Florentine, gifted beyond the ken of man, the high jjriest of natures poets and poetry, tho greatest of all tho fine' arts, embracing all osiers and the music of nature itself." Such was the manner In which Rev. M. I. Strltch, S. J., proressor of literature at Cr-lghton university, apostrophised Dunto In nis lecture A tho New Churcfl, Twenty- third snd Blnncy streets, to a large audi ence last night on "Danto as a World Poet." Tho lecture was the second In the series to be. delivered In aid of the New Sacred Heart school. Prof. Strirch reviewed Dante's early lfe. pictured the environment snd atmosphere In which ho grew up, which helped to round out the character of the great poet. Referring to the growing Interest In Dante, he said: i "Perhaps there never was n case of re vived Interest - in an author thut revived Intoresf has reached In Dante. All great universities are adopting the works ni Dante ns standard und are teaching the Ideals he was master of. All great men of literature recognize In Dante the world's grentest poet and volumes of prose Vave been written, and the press is today pub lishing folumns on the work of this grt-at Florentine. Ills works stand as a monu mentthe highest human Interest can reach, tuking rank with Tlato, Homer and the best of Shakespeare," and more beauti ful and perfect than all of these. "Dante combined the elements so essen tial to produce the master poet. He was like a central flower in a rose garden, branching out and spreading a rich frag rance over all the rest, blessing humanity and shining with a transcended glory which reached the throne of heaven. " IMPLEMENT DEALERS ADJOURN Interstate Association P.lects Officers, Passes Resolutions and Closes Its Convention. The Nebraska and Iowa Implement Deal ers' association finished Its work yester day and adjourned. The mornlna session was devoted to the reception and consldera- tlon of thn renort of thn various enmmlt- tees, all of which were upproved. It was decided to proceed with the or- ganlzatlon of the local associations In the various counties and districts and to con- tlnue the state association. Theso officers were elected for tho en- Ruin your: Prefldent, B. II. Freeland. Onawa. la.: vice ureftident. Jerome Shainu. Lincoln: director for throe years. Ed L. Culver, South Omaha: director or one year, W. L. Battin, Greenfield. Ia.. Paul Her- polsheimer of Lincoln Is the hold-over mem- ber of the board. Delegate to the National Federation, L. J. Blowers of Duvld City. The executive board Will elect the secre- tary and treasurer. Resolutions were adopted at tho final scs- f Ion favoring the abolishment of tho parcels post, atklng a repeal of the present bank- ruptcy laws, reprehending the' custom of wholesalers and jobbers selling goods at re- tail and two or three'mortuary resolutions. OTHER LICENSES ARE GRANTED Twenty-Sx Saloons In Third Wtud Are Given I, rave to Contlnne in Business. At the meeting of the Bonrd of Fire and Police ' Commissioners yesterday the matter of thn protests against tho grant ing of licenses to tho drug stores of Kuhn c Co., Fifteenth and Dotiglua streets, and Charles E. Lathrop. 1324 North Twenty- fourth street, was taken up. - The protests were filed because the pro prietors of the storea had failed to comply wltK 1. Ian. In iilifaHl.lniv In lh. . . ,l I .. 1 nan.e nf .ha ,-itv After .n vhh aminatlon 'the Kuhn case was decided In favor of the applicant snd Attorney Con- nell for The Beo served notice of an an- peal to the district court. Evidence was taken In the Lathrop case. but it was not complete up to the noon re- cess and th case was continued until this morning at 10 o'clock. Twenty-six licenses were granted to sa- loons In the Third ward durlna the fore, noon. This makes about X licenses In a!l which have been granted. ROBBER SHOOTS TWO CAR MEN Kills Motorman Oleaaon and Fatally Injures Conductor Brighton In Salt Lake City. SALT LAKE CITY. Jan. 7--John Glea- aon, motorman or a consonaatea street Railway car, was shot and killed and Thomas Brighton, the conductor on the same car, was fatally shot today by masked highwayman who was attempting to rob thorn of their money and valuables. The assailant escaped immediately after the shooting and without securing any booty. WRECK SIMPLY UNAVOIDABLE Coroner' Jury So Declares After In- 'veallgatlng the Laurel Run Disaster, COLLINSVILLE. Pa, Jan. 7.-The cor oner's Investigation oC the wreck of the Duquesne Limited Expreus on the Balti more Ohio railroad neur Laurel Run, Pa., on the night of December 23 lai-t, closed lust night and fter hours of delib eration the jury rendered a verdict that the wreck was unavoidable. GENERAL GORDON FATALLY ILL Oplalen of Physlelaaa' Leaves J Hope for Commander of Coafed erate Veterans, MIAMI, Fla.. Jan. 7. General John ft. Gordon, commander of the United Confed- crate Veterans, Is critically 111 at his home. BuK-syne. of Inflammation of th stomach, caused by arute indigestion. A consultation of General Gordon's phy- slcUns tonight leaves no hop for re- covery. v QIVES RULING. TODAY fj - nrt Pmmlini to Deoitle the Vital Point , - 10 Uietfica VsBB. . mn ... .,. MAT BKINw rntotN I IMA!. IU An Lnu Wai TJletriah Senator Betwea Appointment t!...in auu innui voiiii o'" Mtu H1S ATTORNEYS DECLARE HE WAS NOT On Basil of lotion at Private Uitiien Bay They Will Clear Him. RATTY REVIEWS HISTORY OF RENT DEAL Great Interest Still Manifested In Trial by l.nrg Attendance, Among Whom Is Daughter of Sen ator Dietrich. The J nay. Philip Potter, real estate, Omaha. E. I.. Potter, printing. Uniaha. C. 11. Justice, merchant, Friend. John 11. Knowles. merchant. Fremont. i William Carroll. Implements, Fremont. AlUt'll r.lllllg, llllliei, Ulium ij.iuii. U. L. Kennedy, farmer. Brownvllle. George Heck, hotel keeper, McUook. C. A. Phillips, luinkcr, Lincoln. ' H. P. Makelev, insurance, Grand Island. W. 8. i.'oriuitt, lumber, Nebraska City. William Wooila, harness, Sewurd. Was Charles H. Dietrich a United Stale senator between the time ho was elected and the day he took the onth of office? This is conceded now to be th pivotal question In his trial for alleged bribery In tha Hastings postofflce appointment, which lie gun yesterday In the United Slates district court. It Is tho point upon which the whole caao hangs, was atgued by opposing coun sel yesterday afternoon and is now In tha hands of the court, which plans to hand down a decision at II o'clock this morning. If It Is held that Dietrich was not a senator In the meaning of the statutes) under which he Is being prosecuted, tha result will be a quashing of the Indictment charging tho acceptance of a bribe, as tha government alleges ull tho acts specified, were committed before the senator was) sworn In. If the court holds in favor of ' the defendant tho entire case that the prisecutlon has built up will full. There will then remain one p.tse to be tried that under the Indictment charging that . tho senator held and enjoyed a leaso with the government for tho postofflce budding at Hastings. Demurs to This Charge. To this Indictment the' defense has filed a demurrer on the grounds that tie ln dlctment docs not sufficiently charge at crime waa committed, lnasmucn as uiet- rlch was not a member of congreaa when tne lease was txecuiep ana lor otner rea- "on8 a" technical nature. The court hag not yet decided tnis question, ana upon its finding rests tne question wnetner or no the leasing case will come to trial. Yesterday, which was really the begin ning of tho bribery trial, waa a day full 1 ot surprises. A Jury was obtained In oua and one-hnlf hours or . in much less time than had been anticipated; tho district at torney -outlined hla plan of pr;octi'.l6n In the t penlng address to the Jury ana brought out rothlng. that had not been made public In connection with the grand: Jury Indictments; Attorney R. A. Batty sketched the theory of the defense, Which, in brief. Is to the effect that the contracts as stated by the government are admitted. but that they all were made In good faith. In a business way and with no thought or Intention of bribery as a condition for thai postofttye appointment. Lastly came the raising by General Cowln of an objection to the Introduction of evidence by the government, beratlsa the district attorney had stated that all the acts, alleged to bo criminal, wore com mitted before Dietrich took the oath as senator. He Insisted that the question In volved had been forced to nn Issue and Should be pnssod upon beforo the cr.se proceeded. tvmniers Ready to Argue., The. district attorney admitted thst the proposition had been fairly raised and aald he was ready to argue upon It. Ha had prepared nn exhaustive type-wrlfteil In terpretation of the statute under Which , ho is trying to convict Senator Dietrich, which waa much devitalized by very search. Ing questions put by Judge Van Davanter. Tne reall' l'ectucular purt of th day's proceedings came in mis connection.' tun colloquy ensuing between the court and the prosecuting attorney being more that of a lawyer and a witness tnan anything elBO- The Ju,10 repeatedly - interrupted Bummers ar.d toog issue wun mm on in Interpretation of legal points; also being especially diligent In making clear matter nf fact. While no one In the court room I was presumed to know the Mind f the court, yet It- was clear many times that the mental processes of Judge Van De value r were ut variance with those of the district attorney. Omaha -courts never have been called upon to accommodate larger or mora In terested crowds than are attending the Dietrich trial. All day yesterday scores of persons filled all possible standing room, both Inside and without tho railing, obscur ing the view of those who wore fortunate enough to obtain chairs. The latter kind of furniture was ut a premium and so dens were the people that Judge Van Devanter made, a special request upon United States Marshal Matthews t keep the room well ventilated. The people present included "tute officials, men -who rank high at th Nebraska bar and a number of women. The opening sessions of the atat bar as sociation did not divert th attention of many lawyers from the unusual trial .of g United Status senator on tho chsrjr' of bribery. , I Senator's Daughter Attends, Miss Gertrude Dietrich, tha daughter of the senator, waa present all day, and, chaperoned by Mrs. U. W. Holdrege, 'was the center of much Interest. She, la a girl of about Tl, with a great masa of brown hair and a delicate complexion. All along her Interest In the case has been most In tense, but, like her father, sh showed no anxiety pt traces of nervousness, simply , regarding the proceedings steadfastly and without comment. Other women who were there were: Mrs. W. S. Summers, Mrs. 8. It. Rush, Mrs. W. R. Llghton. Mrs. W. II. Muiuwr, wife of one of the presiding Judges; Mrs. W. 8. Sunderland, who was presentwllh her husband; Mrs. George H. Thummell and Mrs. Frank E. Co, Among the lawyers present were: Lieu tenant Governor McGUton, Charles J. " veioy, wno mumoea law I uoosa, juoge worge w. Loane, -supreme I court commissioner Dume. Judge lialner Kearney and Judge N. D. Jackson of Nallgh. Th women occupied a position near th yres labia, where vary lmpor-