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The Omaha 'Daily Bee.
ESTABLISHED JUNE 11), 1871. SINGLE COlY THREE CENTS. OMAHA, SATURDAY MORNING, JANUARY V, 11.04 TWELVE PAGES. 4- EMPEROR AT REVIEW Mikado of Japan Inspects Imperial Oaardi at Posribla Lears Taking. ENGLISH TROOPS ORDERED TO BE READY This at Hong Kong Ira Told to Prepare for Actira Serrice. HOPE FOR SETTLEMENT GROWS LESS Japtneie Minister at London 6cai LitUt Prospect of Peice. CABINET DECIDES UPON ITS COURSE Admiral Ctini Will Be Instructed ( Ho Act mm to Emphasise Absolute neutrality Rrtntrn Brills- rcat Power. TOKIO. Jan. 8. The arnperor Inspected and reviewed the Imperial guards constitut ing the First division of the army, together with some Independent cavalry regiments and brigades of artillery, numbering In oil nine 28.000 men on the Aoyame, field today. It Is expected that these troops will con stitute the third contingent in the event of war being declared. The occasion was regarded as a possible I lrav-taking between the emperor and his I sol. Hera, the scene being most impressive, Enormous crowds lined the route from the palace and surrounded the grounds. The emperor rode to the Aoyama field In the state cor.ch, but was on horseback when inspectlng and reviewing the troops. Ills ntaff Included all the foreign attaches. 1IONO KONQ, Jan. 8.--A detachment of 860 men of the Bherwood Foresters (Not- tinghamshlro and Derbyshire regiment), forming Dart of the rarrlson of Hon Kong, A. tin- MiillAhlu . 1 n ,1 1 . a neis for active service. The destination of I Vhe troopa has not been divulged. The au- Ja parities refuse all Information on the s... Atbject. but It is presumed the troops are toi going to Peking or Seoul. The detachment i t Is ready and their transport arrangements V7 have been completed. Ilayashl la Despondent, LONDON, Jan. 8. Th text of the Rus- eian reply to Japan's last note has been re- celvd at the Japanese legation here. It will be presented to the Foreign office later In the day by Minister Hayashl. At the legation the opinion Is held that the reply Is utterly opposed to the main Japanese contentions and It is thought that I regotlatlona will be broken off. Minister Hayaahl said to a representatlvs of the Associated Press: "After reading the reply, all I ran say Is that hope for a I peaceful settlement la growing less and lens. Conditions am very grave." Japan has decided not to buy the Chilean warships for which negotiations had been started. At the legation It is said that the hips bought recently from Argentine are expected to sail today for the far east by way of the Sues canal. Wheat advanced a- further shilling per quarter today In some of the provincial markets on the prospect of war. About 116.0CO tons of coal were shipped from Cardiff, Wales, during this week- 48.00 to Japan. 40.000, to Port Arthur and ao.OUO to Hong Kong. A special dispatch from Toklo under to- day'a date, after recording the arrival of the Russian reply, adds: "Diplomacy has not said Its last word and there are still hope that hostilities may be averted. From the Russian legation It Is announced mat tne negotiations win continue. Japan n "Haughty Child." NEW TOR. Jsn. -Nearly all persons here take the view that Japan's conduct toward Russia is that of a naughty child, I cables the St. Petersburg correspondent of the Herald. It la constantly being told in I the cress not to be so foolish, not to waste I money In the Impossible task of fighting l:usla. and so on. In a long snide upon the alleged folly of Japan's pretensljnn the Gaiette says: I What can she do to hurt Russia? She must take one of her stronsr fortresses, say Port Arthur, but it would require ten mnrt mllltarv force than It could aver bring to bear to accomplish such a feat We think, however, England and America will Intervene to nrevont Jnnan Mtrom taking any such mad step as that of -v ... I "Tha armv .is excited. fcava .1 Herald I J ..'.-. - .... ....I higher officers sre remarkably calm, be- llevln that the JaDaneae are onlv demon- Stratlng." LOB ANGKLEB. Cal.. Jan. .-The Times aavs: It is estimated that bv th-, end of this month over 1.000 Japanese will have gone bark from California to Japan, hav lug been called to go by an rdt?t of J: pan ose Consul Monlono of San FnnWaco. Representative AsWa Mediation. WASHINGTON. Jan. a. The far eastern situation was discussed at the cabinet meeting touay, special consideration peing given me movsmeni oi me Aii.uo squao- ron. which It is desired shall be so shaped in n uir ainmuu neuirailiy o inn ivwiii lu rvrui vi noaillllies ue tween Russia and Japan. After the meet U g It waa announced that orders would be cabled Roar Admiral Evana upon his ar rival at Guam tomorrow, to proceed thence to Subig bay. It being desired that tss American navy shall observe "good nianuers" by not going to Japanese or Rus sian waters Just now, Representative Slayden (dem.) of Texas Introduced a resolution In the house today requesting the president to tender the good uflU-es or mediation of the United States to Russia and Japan. The resolution fol- lows: Whereas. By the provision of The Hasua POMC convention of IhM. tender at aorxl : ". siranger t a utauuie. camtoc ue reiraiaeu u an un. friendly act, aud. hereas. ily said convention it Is made me uuijr ot signatory powers. It a serious Otspuie I ft re tens to break between two or more or them, to remind these latter that the permuuent court of arbitration is open to them, and suh reminder Is only u m u-u a irienaiy acuon; aii a, Whrrrss, Warlike difficulties are no which countries, as wall as the United Stales, are signatories to The Hague peace tAHiventlwti. Rvs.ilved, By the senate and house of the United Slates of America, in congress SS-nilled, that the prexldeut be requested lo tenaer me iwju oiticms or mediation oi the United States to Russia and Japan with relation lo their present dispute, and to remind them. In accordance with The Hague peace convention, that the perms Hoja court of arbitration is open to them. Japan Bars In Phlllnnlaee. MANILA. Jan. a. The Japanese gov ernment through Its local agent has Just called for bids for an enormous quantity of subsistence stores, all bids to be In by January 90, Fmperer a Vnlen Cnltnre Complete. F-ER1.1N. Jan. 1 Emperor William has ended his course of voice training. The emperor's late Instructor, Dr. Uustav Spleas, hag telurn4 to his homn at freak.- art. - - .. .... """ NS THE AfmY Rescript Issued Designed to Increase KtMrleucy of the Russian Force. ST rtSiURG, Jan. R An Imperial rescr. . vt a-ovcrnor general of Finland ernor to dlamlM nil Finns employe state or municipal service who have y , 'led their military service In the Fim. '.' battalion during 19 3. nd not to lfc 'jj. 'n passports to them for five earfc"'7 . . granting loans or assistance from nds to communes ttTi pell! Ions for governor In or .ratlon the extent or Individuals, or ' the remission of ffi ' dered to take Into cf. of the opposition to loying recruit off-red by the applicants. Students of the higher schools who have not performed military service are to tie expelled for periods not exceeding a year. The governor Is also empowered to re lease Finns who have Joined the colors snd to replace them- by carters of military service, and he Is directed to Issue a proclamation announcing that all Finns not presenting themselves for service In 1!4 will be drafted Into regiments outside of Fln'and. URUGUAY HAS A REBELLION Troopa Meeting anal Aro Marching Ipou City la Aid of In- nrxrnln. IH.EN03 AYRES, Jan. 8. Advices from Montevideo say that the Uruguayan troop 'n the Department of ArMgas have mini nled and are marching on Melo and that he nationalists of the Department of Trelntay Tres have declared In favor of the revolutionists. A detachment of Uruguayan troops dur- '"T the night of January 4 surprised and routed a revolutionary force under Munoi In the Department of Maldonado. The Uruguayan troops have been captured in the Braslllan frontier, eight wagons being loaded with arms and ammunition LIBERALS HOLD THE SEAT Doable Majority In Campaign In Which Fiscal Policy Was an Isaac. LONDON, Jan. 8. The bye-election In the Ashburton, or Middle division of Devon shire, yesterday, to All the vacancy In the House of Commons caused by the death of Hon. C. Seale-Hamo, (liberal) resulted in the return of the liberal candidate, H T. Eve, by a majority of 1,478 over the unionist candidate, General Sir Richard Harrison, thus doubling the liberal ma- Jority. Tills was partially due to Mr. Eve's local popularity. Otherwise It was attributed to opposition to Joseph Chamberlains tariff proposals. MAY PROVE JOAN AN ITALIAN Docnmenta Tending to Show Katlon- -II, 4 uu 1 V Aro Found. ROME. Jan. 1. Documents have been found tending to prove that Joan d'Arc was the daughter of an Italian who was da- scended from the Ghlsilerl family. This family came from Constantinople in 1US and settled in Bologna. After the estates of Fen-ante Ghlsilerl had been usurped by Giovanni Bentwogallo ne emigrated to France, where he had three children, one of whom was Joan: The doc uments sav that it in difficult to ascertain the truth because Fen-ante Ghtsileri after hls arrival In France changed his name to d'Arc ACQUITS CUSTOMS OFFICERS Manila Court Passes I'pon Charges of Frand Connected with Chinese .it """' oauanune ana miner, charged with conspiracy to defraud the customs by furthering the Illegal entry of n "P' ciass oi ininese, nave pom Deen acquitted n me customs court or appeals Judges Crozsneia and Koxas. w- nune was an inspector or customs at me time oi ms arrest lor tne M - auanc .of alleged fraudulent Chinese certificates, and John T. Miller, implicated wun mm. was a lormer inspector oi im -n's-ration British Fleet Visits Spain IINDON. Jan. 1. The British home fleet roruana toaay lor me opanisn ooaM, coaling to the full capacity. The fleet will thus be In readiness to replace the Channel squadron In the event of the lat ter being required to fill up vacancies In ,h Mediterranean aquadron. should ves- sels be ordered thence to the far east. Holland Bnys Krass G THE HAGUE, Jan. 8. The first chamber of the Netherlands Parliament, following the example of the second chamber, today voted ahout I1.TC0.0U0 for the nurchasa nf ,rk.nHn Kruon une. after a declara tlo of ,h. Wlir mi,ter that ha considers ,h Kr,,n wf!ra referable tn'th. I Eherhardt guns (inlet at Kishinev. ST. PETERSBURG, Jan. I.-Telegrams received from Klahlneff by leading Jem- yesterday evening did not contain the slightest Indication of a panic there, as re ported In the United States yesterday, and nothing has been heard on the subject elsewhere. Gswdf Represents Panama PARIS, Jan. United States Consul General Oowdy today received Instructions I from Secretary of State Hay to represent I Panama In all consular matters and that I .v.. .r.ra hxl nsitin1 tha other o.,nnl. , ., . take Ilka action. i r- Promotion for Dandonald. LONDON, Jan. I. It la reported that Major General Lord Dundonald, command ing the Canadian mllltla, will shortly leav Canada and succeed Major General Sir Al fred Turner as Inspector general of the auxiliary forces. ARRESTS UNO INSPECTOR Daniel F. Campbell ef Kansas Take In Cmstodjr on Charge nf Bribery. OSWEGO. Kin., Jan. 1 Daniel F. Camp bell, former representative In the legist ture from Bourbon county, came here today and the sheriff formally arrested him, charging him with bribery while a member I of the legislature during the last session of I thst body, Campbell's attorneys filed motions to qussb the three complaints snd warrants against him. for the reason. It was alleged, that they each failed to charge a public of fense. The motions were taken under ad' vlsement until January 11 Campbell now a federal laud Umyctot la tha Indian . XttcrUett. n - ARES APOLOGY FOR ARREST Man Pnt in Prison for Employing Union Labor ia Beleaaea. MILITIA OFFICER SAYS JTWAS MISTAKE o Charge Made Against Charles 11. Relmer After Detention of Two Days In Military Prison at Cripple Creek. CRIPPLE CREEK, Colo., Jan. 8. Charle s Ttelmer, representative of the Ryan hltney syndicate interests in the Port- nd Gold Mining company, who was ar- sted by the military authorities on ednesday, has been released by order of Colonel Verdeckberg, commanding officer In he district. No criminal charge waa made aealnst Relmer and Colonel Verdeckberg pologized to him for the arrest, which, he said, was made without authority from him nd while he was absent from tho district. Governor Disregards Court, DENVER, Jan. 8. Governor Poabody tated today that he hud received no offl- al notification of Injunction Issued hy uilge Seeds of Teller county to prevent the deportation of Idle miners from the Cripple Creek district. 'If such an Injunction has been Issued," said. "I do not Imagine for a moment hat the military authorities In charge of oldlers In the field will accept service or olx ry it." Governor Teabody added that he did not believe a civil court had the power to inter fere with the military when called out to uppress Insurrection or riot. Attorney General Miller expressed the same view. Jnry Most Decide Case. GEORGETOWN, Colo., Jan. 8. The prosecution In the trial of fifteen union miners, charged with conspiracy to destroy the Sun and Moon building, completed the presentation of its case today and the de fense announced that it would introduce no testimony. Court adjourned until next Monday, The court overruled motions to Instruct the Jury to return a verdict of acquittal and to discharge defendants on the ground of Insufficient evidence. Dis trict Attorney Thurman nolled the cases against two of the defendants. Shingle Weavers Organise. TACOMA, Wash., Jan. 8. The conven- tic on of the International Shingle Weavers' union adjourned today after readoptlng the present wage schedule. This practically serves notice on the mills that the union weavers will not stand the 10 per cent cut proposed In some places. The convention decided to unionize the unorganized weavers in California and the cypress districts of the south. A division of the United States into two districts was made to meet the wage question. The eastern district embraces the territory east f the Rocky mountains. The Pacific ccast states and British Columbia form the west ern district. C. R, Pickens of Everett, Wash., was elected president. Bloomlaarton Strike Spreads. BLOOMINGTON, 111.. Jan. 8.-The elec trical workers and light trimmers declared strike today in sympathy with the street railway strikers. All of the force at the power house of the street railway company excepting the engineers and firemen, who are not organized, left the service. The company has been preparing for the move and Is filling the places of the rtrlkers as rapidly as possible. The company today sent ten of the Imported street, car crews back to Chicago, claiming that enough local men had been secured to take their places and that the remainder would be re turned by Saturday. Due to the Inability to secure a sufficient number of citizens to serve as special offi cers during the street railway strike. Mayor Morrison today served notice upon avery member of the board of aldermen, numbering fourteen, that they would be required to serve as police officers Satur day and Sunday and possibly longer If there Is any more disorder. The sheriff has been forced to call In his country deputies to serve on. account of the impossibility of securing the required number from resi dents of the city. Coal Strike Becomes Scrlona. MTERSDALE, Pa.. Jan. 8. The strike In the Meyersdale field has reached a critical stage, two riots having occurred as the re sult of placing nonunion men In strikers' places at Garrett. The situation Is so seri ous that I ve outbreak is looked for at any time. ? FIGHT IN NtW JERSEY PRISON Prisoner Killed and Two Guards In- Jnred ns Result of Attempted Escape. TRENTON. N. J.. Jan. 8 Charles Brooks, an Inmate of the New Jersey state prison, Is dead, Center Keeper John Fitzgerald has a bullet in his hip and William J. Harney, a deputy keeper, is suffering from scalp wounds, as the result of Brooks' attempt to escape from the Institution. It will require postmortem examination to determine whether Brooks died from being shot or from strangulation in his attempt to com mlt suicide after he had been taken to the dungeon. When Brooks was finally over powered he was taken to the dungeon. On the way he Informed the guards that he m wounded. Later the principal keeper ordered that Brooks be taken to tha prison hospital. When the dungeon was opened Brooks was found suspended by his sus penders and was dead. Brooks was serving out a twenty years' sentence for burglary In Hudson county. GOES TO OPEN CONFERENCE gergeant-nt-Arms of Democratic Ks tloanl Committee Starts for Washington. ST. LOUIS, Jan. 8. John I. Martin, ser- gesnt-st-srms of the democratic national committee, left for Washington today to prepare for the work of bringing the next national convention to this city. The com mittee appointed by the Business Men's league will follow on Sunday, arriving there Monday, to begin the campaign. They are prepared to offer a guarantee of 840,000, free use of the Coliseum, ample hotel facilities and no Increase lu rates. TAMMANY FIGHTS GAMBLERS Police rommlaeloaer McAdoe) Gives Policemen Forty. Eight Honrs tea Close Them. V i I NEW YORK, Jan. 8. Police Commissioner McAdoo has notified the polios Inspectors that he had received Information that gambling houses and pool rooms were being opened In Manhattan borough. He allowed them forty-eight hours to close every gambling house) and pool room la ths borough. in , TWENTY MINUTES WITH BILLS House of Representative Does Qnlrk Work In I'xmin Pension Menanres. WASHINGTON. Jan. 8. The chaplain of the house today at the opening of the sc:clon prayed for comfort for the gTlef etrlcken family of ex-ITesldent Cleveland. The bill amending the act appropriating money for the eradication of the foot und mouth disease among cattle so as to make available the amount of fcSO.OUO to meet the emergency caused by the Mexican boll weevil, was taken p for consideration. Mr. Burleson (Tex.) urged the importance of the puswige of the bill to the cotton growlug sections, giving the history of boll weevil and what it had done. Mr. Gillette (Mnss.) rolled attention to another insect, the gypsy moth, which had been brought to New England and which he said was equally dangerous and should receive attention with a view to its ex termination. Ho offered an amendment for an additional appropriation of t-AOuO for the eradication of the Egyptian moth. Mr. Wadsworth mado the point of order that this was not germane, as It was a "new appropriation." The speaker sustained the point of order against the amendment and the bill passed without division. It provides that the sum made available may be expended by the secretary of agriculture in such manner as he shall deem best. In oo-operatlon with state experiment stations and practical cotton growers, if tho secretary of agri culture shall deem It advisable to meet the emergency caused by the ravages of the cotton boll weevil and other Insects affect ing cotton. The house then went Into committee of the whole to consider pension bills. The committee arose at 2:-5 p. m., having acted favorably upon' 115 Mils, twenty-nine of which were senate bills. The house passed the 115 bills In twenty minutes. Adjourned until Monday, APPRAISER WILL NOT RESIGN Federal Official at Chlrnwo Asks In formation na to Why ne Is OnsteJ. CHICAGO, Jan. 8. Although Luman T. Hoy has been nominated to succeed Gen eral Horace H. Thomas as appraiser of customs at this port, the resignation of General Thomas, requested by the secre tary of the treasury, has not been sent in. nor will it be. General Thomas will appeal to the president to find out why his reslgna tion was asked for. In a letter from the recretary of the treasury calling for Gen eral Thomas' resignation It Is stated that the purpose Is not to make a place for an other, and that there Is nothing political In the request, but that it seems necessary to secure a vigorous administration. General Thomas In a reply which he made public today along with the secretary's letter, says that there was no charge cf misfeasance or malfeasance or any scan Jal and that especially good work has been done In unearthing frauds at other ports. He also wrote the president calling atten tion to the gentleman who appointed him as appraiser. No reply was received from the president, but Secretory Bhaw asked the general to advise, Wro by telegraph whether his letter was Intended as a re fusal to sen In hfc resignation. General Thomas claims that there has not been a lax administration; on the con trary that there Is no appraiser's office in the country that Is In more perfect working order or where business is transacted with more expedition. If a commission of ap. p raisers were sent to Investigate the office and they reported adversely he would re sign, but he will not resign under charges which he says, he knows cannot be sus tained. REQUESTS FROM EXECUTIVES Congress Asked for Special Appro priations and Laws by Hends i of Dcpnrtmcnts. WASHINGTON, Jari. 8.-Secretary Root has transmitted to congress an estimate of 8400,000 for an appropriation for the pur chase of land in the District of Columbia for a site and the erection thereon of an army general hospital "for the treatment of special classes of cases, for purposes of In stmt tion in connection witlt an army med ical school for training enlisted men of the hospital corps In nursing, and to serve as a base hospital In time of war." In order to make an Increased allowance to .army officers for quarters, especially In cities. Secretary Root has transmitted to the house the draft of a new provision which allows 812 per month for the follow. Ing rooms to officers: Lieutenant generals, 12 rooms; major generals, 10; brigadier generals, 8; colonels, 7; lieutenant colonels, 6; majors, E; cap tains, 4: lieutenants, 3. Secretary Shaw today transmitted to the house a request of Secretary Root for an appropriation of 8385.000 for new arms and equipment for organized mllltla. The house was asked today .by the State department for authority to allow Rear Ad mlral B. H. McCalla of the navy to accept the China medal awarded him by the king of Great Britain in recognition of his serv ices In connection with the relief of the Peking legations during the Boxer uprls Ing. The secretary of the treasury today transmitted to the house a request for an appropriation of 849,700 for the payment of officers and men entitled, according to Judgments of the court of claims, to bounty for destruction of the enemy's vessels at Santiago. Cuba, July 8. I!. The State department today transmitted to the house a supplemental estimate for third secretaries of embassies at Vienna, Borne nd St. Petersburg at 81.300 each These officers are made necessary by the Increased work of the embassies. TROLLEY CAR JUMPS TRACK Five People Are Injured at Kauaa City hy Accident on Trestle. KANSAS CITY, Mo., Jan. 8. A trolley car Jumped the track at the approach of the trestle at Sheqman and Haskell avenues In Kansas City, Kan., tonight and running over the ties onto the trestle toppled over and fell to the ground, ten feet belo severely injuring five persons. The Injured: Mrs. John Hamilton, left shoulder broken cut on head and bruised. Mrs. J. W. Klrkpatrlck. left shoulder broken; face and head badly bruised and rut by glass; bruises on body. Mrs. Louise Sykes (colored), head cut and left leg seriously fractured. Michael Galllvan. mot or man; arms and legs Injured and body bruised. W. B. Reaburn, conductor; right ankle broken. Only one person on the car escaped in Jury. All of the Injured live la Kansas Levy, Jm . -- - - r - i r LNSIUW SEES ROOSEVELT ells Him Nebraska ia Eolidlj for Eii for Frtsidential nomination. ALSO SPEAKS GOOD WORD FOR WEBSTER onestrcl Men Present Matter of the Opening; of Hose boil Lands In Gregory County to lon mlasloncr Jones. (From a Staff Correspondent.) WASHINGTON, Jan. 8.-(Sperlal Tele gram.) "It's all Roosevelt and nobody hc," was tha statement which Rcprescn- atlve Hinshaw of the Fourth Nebraska district made to President Roosevelt today. Mr. Hinshaw, believing the time was pro pitious for an Interview with the president long political lines, had an extended ron- rence with the chief executive today. After his talk Mr. Hinshaw stated thst he hnd told the president that Nebraska was first, last and all the time for Mr. Roosevelt; that noliody else was being con- Idcred and that Roosevelt clubs were being organlred all over the state. The presi- ent expressed, nccording to Mr. Hinshaw, horough sppreclatlon of what was being done for him in the Antelope state. Mr. Hinshaw said ho asked the president as to onditions In New York and the president as open and outspoken, as he is upon all uestlons, and stated that New York was 11 right, barring some few antagonistic forces in New York City. "The things that are supposed to make the president weak in New York, If he Is weak there, make him strong In Nebraska snd the west," said Mr. Hinshaw. The Fourth district representative said that while the people of Nebraska would like to see John L. Webster a candidate with him on the presidential ticket, they were primarily for Mr. Roosevelt. He spoke to the president of Mr. Webster in a most laudatory way and stated that the re publicans of Nebraska believed he would be a strength to the ticket for vice presi dent, but that they were tied hard snd fast to Mr. Roosevelt for president. Mr. Hinshaw stated that he hnd a most delightful visit with the president; that the chief executive had gone Into the political situation with him In a very happy way. and that he was metre than ever Impressed with the fact that Mr. Roosevelt was the only man to be nominated "by the repub llcans. Brook Trout for Nebraska, Fifty thousand brook trout, at the in stance of Congressman Burkett, will be distributed In the streams of the First dls trict in the next few months. IVo Choice for Judge. After eight ballots were taken today the Iowa delegation Interested in the selecting of a successor to Judge Shlras adjourned until next Wednesday without reaching any conclusion. The present conditions do not point to an early choice. The members In terested are being bolstered up not only by candidates, but by friends of candidates. and it is pretty hard to make a break. Nearly 100 ballots have been taken In the nine conferences that have been held, and so far as catr he learned there has not been a single deviation on the votes for the sev eral candidates from the beginning. Present Rosebud Mnttcr. The representatives of the Commercial club of Uonesteel, S. F. Lucas and W. B. Backus, accompanied by Benator Klttredge, Representatives Burke and Martin of South Dakota and Representative Kinkald of Ne braska, bad an Important conference with Commissioner Jones today relative to Representative Burke's bill providing for the opening of the Rosebud reservation to settlement and paying to the Indians 82.50 an acre for their lands. Congressman Burke made the presentation on tehalf of the delegation and then called Mr. Lucas and Mr. Backus to tell the conditions as they found them, coming direct from the country which is most Interested. Through out the hearing It was shown that had In spector McLaughlin been permitted to con tlnue his efforts to pledge the Indians a certain amount that he would have returned to the Indian office an agreement on the part of three-fifths of the tribe to take 82.50 an acre for the landa, about 600,000 acres In Gregory county. Judge Kinkald of the .Sixth Nebraska district, bordering on the Rosebud agency, stated that the opening of the reservation would be at great value to the people along the northern border of his district. He stated that he had been over the reserva. tion and had found much of It wholly un fitted for farming purposes, but there were other sections which held out inducements to the horns maker. Attorneys Lucas and. Backus set before the commissioner the facts relative to valuations of land on the Rosebud reserva tion and its vicinity, which apparently gave the commissioner some new light on the question which has been agitating the peo ple bordering on the Rosebud reservation, Every detail of the situation as It exists was gone Into not only by the members of the Commercial club of Bonesteel, but by the representatives of South Dakota and by Judge Kinkald of Nebraska, and It is thought Commissioner Jones, with the new light given him today by the delegation which waited on him, will recommend favorable report on Mr. Burke's bill. ' al though he may suggest the amount to be paid per acre to be Increased to 82.75, In stead of 82.&0, as provided by Mr. Burke's bill. Postal Matters. , Postmasters appointed: Nebraska, Nan tuaket, BufTalo county, John M. Otis, vice Frederick B. Lyle, removed; Pilot, Custer county, Samuel Berry, vice P. Strlcder, re signed. Iowa, Owasa, Hardin county George L. Kasch, vice Bertha L. Sanders, resigned. Rural carriers appointed: Nebraska, Table Rock, regular, Arthur M. Long well; sub stitute, Lou E- Hurt on. Iowa, Clarkesvllle, regular, James 11. J. Hagerty; substitute, Thomas A. Hagerty. Frlmghar, regular, Floyd R. Brown; substitute, John W. Brown. Unlonvllle, regular, Otto R. Peter son; substitute, Jerome C. Peterson. Wil liams, regular, Ernest Reed; substitute, Mattle Reed. South Dakota, Lily, regular, Ed O. Thoe; substitute, Jacob O. Thoe. Rural routes ordered established February U: Nebraska, Republican City, Harlan county, one route; area covered, forty-four square miles; population, 606. Iowa. Algona, Kossuth county, two routes; area covered, eighty-five square miles; population. 1 125. Decorah, Winneshiek county, one additional route; area, twenty-five square miles; popu lation, 645. Everly, Clay county, one addi tional route; area, covered, twenty-elgbt square miles; population, 640. Stockton, Muscatine county, one additional route; area covered, twenty-seven square miles; population, 606. Representative Martin's bill authorizing registers and receivers of land offices' to furnish transcripts of their records to in dividuals was today reported favorably by Utt .eaunjtiej oa putUg tenrtd, NEBRASKA WEATHER FORECAST air Saturday) Sunday Italn or Snow, Temperature at Omahn Ycstcrdsvi Ilonr. Hour. lira. S a. m . n a. m. :t t p. m i nil 2 p. m :i2 a p. n m lis 4 p. m Ml 211 ! p. in :tl II p. in IT ;t( T p. m . ill 4(1 H p. ni e:t t p. m :tii T a. m. ft n. in. n a. ni. O a. ni. t n. ta . 2 ni. . . . HEATER FIRE CLAIMS ANOTHER Total Xnmticr of Da-ntha, According to Plicnre of Coroner. Is I'll e Hundred and lxl-"l. CHICAGO, Jan. S Miss Harriett llar- bauKh, another l tim of the Iroquois fire. s dead at the Samaritan hospital as tho result of her injuries. This brltiRO the otul of dail to M', according to th- cor oner's list of mi nit a. Agnes Hopkins, 4K years old. has bren declared insane by Judge Williams Hml or dered to Dunning. The woman's mind had been unbalanced, V.cr relative! say, as a result of incessant reading of accounts of the Iroquois tire horror. Three more suits for a total of $.0) damages resulting lrom the lire have bi-en filed. A featuie of the suits Is the making of Jtuililing Commissioner Williams a party defendant. Robert E. Murray, stationary engineer of the Iroquois theater, testifying at the In quest today, declared that there was one stamiplpe on the stage, two In the basement and one In the smoking room. There was no hose attached to hny of them, although there whs liuse in the building on a reel. Nobody had ever been instructed how to use it. The hose In the building consisted of one coll, and was located in the smoking room at the front of the building. It was not his business, he said, to look after fire protection. The only way In which an alarm could reach the fire department was by use of the telephone or by going two or three blocks to the nearest lire station. Ruth Mltchel, a school girl, tustitied that when she and other members of their party noticed sparks dropping from above the stage one member remarked that they had better get out. They started to do so, but a gentleman sitting in the front row rose and said he would knock their heads off if they didn't sit down. The girls sat down and remained, there until a mighty draft of air blew flames directly over the audi ence. Thereupon she and her party rushed to the north side of the building. Crawled out onto a fire escape and dropped to the alloy below. ' PROBING INTO FREIGHT RATES Interstate Commerce Commission Hears Testimony from Official of Northwestern Ri-ilroad. CHICAGO, Jan. 8. Inquiry into the rea sons for an advance in grain and produce shipping rates in December, 1W3, was begun by the Interstate Commerce commlswion to day, the freight agents of five railroads being examined. Assistant General Freight and Traffic Agent Kuhn of the Chicago & Northwestern railroad said he was In con ference with others when the Northwestern decided to cdvance the shipping rates for grain 2 cents per 100 pounds. He said he thought the rate as advanced, but which was subsequently reduced, was fair and reasonable under the co-iditlons. The railroad company, he asserted, was under heavier expenses at the time the rate was advanced. In reply to a question Mr. Kuhn could not state If the present rate, a reduction from the one being in vestigated, would be permanent. Like all other witnesses who have appeared before the commission, Mr. Kuhn was unable to give any idea as to the cost to the railroad company in carrying grain. FRISCO SHIPPERS PROTEST Succeed In Oct ting One Concession, t-cit Rt llroads Are Obdurate ' 1 pon Others. SAN FRANCISCO. Jan. 8. Large freight shippers of this city aro making strenuous objection to many of the advances In rates j the railroads are to put Into effect on west bound shipments from all parts of the east to ail parts of the Pacific coast on January 18. There, Is to be on advance of about Ui per cent In the rates on about a hundred articles. The protests of the big shippers to the railroad officials have already borne fruit. One article, of which large quantities are shipped to this coast. Is cast Iron piping. Owing to the protest of the shippers the proposed increase In ths rate on this Article from 5 cents per 100 pounds to 75 cents has been rescinded. The shippers want the railroads to take similar action on about ten or eleven other commodities. The railroads decided today to refuse this request. LETTER FROM GENERAL WOOD One Received by Magaitine Writer to Be I'sed Astuinat Its Author. "WASHINGTON, Jan. 8. The senate com mute on military affairs has received f-om Ray Stannard Baker, the magazine writer, a copy of a letter which General Wood wrote to him Just prior to the Utter s e.p pea ranee as a witness In the Wood investi gation. Mr. Baker told the committee of the letter when he was on the stand and was then asked to send for a eopy. The letter discusses the Runcle Incident and by Inference suggests that Mr. Baker refresh his mind along certain lines Indicated by General Wood. The lettr has been ordered printed as an addenda to the proceedings before the committee. The minority members of the committee who have voted against the nomination will argue to the senate that the purpose of General Wood's letter was to prejudice ths wltnecs. TO BAR THE MINE INSPECTORS Testimony la Dnvllt Mine Investiga tion Concerns Strange Blast, ing Orders. ST. PAVU Jan. 8. A special to the Dls patch from Helena, Mont., says: The most damaging testimony yet given tending to fix tho responsibility for the explosion In the Michael Devltt mine by which Samul Glen and Fred Dive) lost their lives was given at tho fifth ssnelon of the coroner's Jury. Frank McGrath and other witneaHto testified that powder had been used in the Rarus mine for purjKiees other than leglti mate mining and that orders had bee-i given by offli ers of that mine to bl:st down the workings to prevent the Inspectm working' under court .orders from cominu into the Rarus or allowing Rarus nun to get luto tU Amalgamated, mJsn, DIETRICH IS CLEAR Senator rormallT Acquitted of Charges Pro- ftrred by fadaral Grand Jary. POSTMASTER FISHER ALSO VINDICATED Enmmera Utterly Tails to Prota Aoonsationi Included in Hia Indictment. MAKES POORER SHOWING THAN EXPECTED Court Holds Dietrich Not Senator What Ha Contracted with OoTarnmsit. WHOLE AFFAIR COMES TO SUDDEN END General Cow In Mnkcs statement Em I.lalnlna- Ills Course In Defense) of Client Derision of Judges in Full. The Dietrich trial In the federal clrcu court is a thing of the pt. The senator . has been found not guilty of accepting a brllie, had tho indictments for conspiracy against him quashed because the court held lie could not be charged twice with the same off nse, and was relieved from de fending h'mself In the charge of enjoying a lease with the government upon the mo tion of the district attorney. The whole affair came to an end yes terday with a rush. After the court held that a man cannot become a senator until he has taken the oath of office the bottom fell out of tha structure prepared by Dis trict Attorney Summers and by means of which he ingeniously cbtalned a variety of Indictments from the grand iury. The end come at 11 o'clock. After two decisions, by two Judges of the federal bench sitting jointly, on p6lnts r.ttetofore not adjudicated, the finish was effected In one of the very few cases of Its kind ever tried In the United States. Summers refused to make any statement after the trial was ovir. lie said: "I have no further atsteinent to make nothing more to say, I think." "I have nothing to say," said Eenatoir Dietrich, "beyond the fact that I was will ing to waive any technicality in order to secure a full trial. My attorneys advised me, and, I believe, correctly, that the court would not allow the case to go to the Jury, for the reason that Summer would not and could not prove that I was a ronator when the lease was made. Tha lease was made before I was even elected senator and while I was still governor. Summers knew this and knew that his oaae) would not be allowed to go to the Jury, but he perttsted In his effort solely to be smirch my name." Frirnda Cong;ratnste Hint. At the same time In the court room Ben ator Dietrich was surrounded by a group of friends anxious to shake his hand and to say that even though the prosecution lost out because it had not been ahsped In conformity to law, they were satisfied that the senator Is guiltless L'Urally as well as technically. Ills daughter, Ifisa Gertrude Dietrich, waa the onter of a. throng of women, railing .nd talking freely for tho first t.Jie sinco the trial began. Postmaster Jacob l'.sher of Hastings, who also waa freed of the charges ponding against him, was expressing his satisfaction and saying that he did not care so much ufcout the Indictments, but that It waa "his girls" that were the most concerned over the matter. A most notable usemblage of lawyers heard the delivering by Judge Van De vanter of the twa decisions, bath cf Which settled points never before raised In Amer ican Jurisprudence, the first as to whether a senator 'Is a member of congress- whsn and after he Is elected or upon taking the oath of office and the second being c the contention that a :oase with the govern ment made by a member of oor.gress before he becomes such an officer does not operate to cause Mm to fracture the law tecause Its provisions are adhered to after tha leasor become a public officer. The Judge held In accordance with th argument ad vanced by the defense In th first ques tion, r.amely, that the oath makes a man a member of congress, lrr an extremely lucid opinion, concurred In by Judge Man- ' ger. The argument of the defensO wa found not good In the second point, towit: That a member of congress may not enjoy the benefits of a government lease entered into before he become a member of a leg islative body. Destroy Summers' Last Point. The point as to th exact time a parson becomes a member of congress wa raised by General Cowin Thursday afternoon and argued by both sides. It aad been antici pated as a vital feature of the bribery case and the Judges had prepared for It. They were ready, therefore, with th de rision this morning, although, as Judge Van Devanter said, the reasoning had not been reduced to the form in which It will stand upon the court records. "From the conclusions." he said at th end, "we oust Instruct tha Jury to find this defendant not guilty. "Gentlemen of tha Jury, it rex u It from that which has been J Jit axid in your, presence thst, if all the evidence which the prosocutlon has in hand and wh(ch was described were cow introduced and before . you, 'It would appear that the defendant had not attained that official relation with the l.'nlted States which was nacessary he should have attained in order to com within tne inhibition of this statute, and hence we must fimtiuct you to find th de fendant uot guilty. The evidence ha been rendered unnecessary and it is your duty to find the defendant not guilty." H. II. Makeley of Grand Island, as fore man of the Jury, then stgned th formal verdict sad sn order was Usued discharg ing the defendant. t Cummers Admit Lefeat. The closing statement by Judga Van Devanter In the case wss practically ad mitted by Summers as completely vindi cating the stand taken by General Cowiu and Attorney Batty, counsel for Senator Dietrich, that tho technicality raised waa absolutely essential to tha logical presenta tion of the case and that th hu and cry ruiaed alout "dismissal of technlualliles" has no weight whatever, Insomuch as with or without the evidence th recult Would have bejrfi the same. Bo much practically was admitted later by District Attorney Summers. The alleged bribery rase against fost master Fisher was called and Summer tiled this nolle, quashing this cs also: lu the case of the United State agslnst ( l.uri.a li. Dlfctrl. h, 264-V, it became th duty of rourisel or the defendant to turn from the Jury to the court, from th facts to the law. It Is a consolation to know that vet-lion 17M of the revised statute has been construed at a time when it teemed neces sity and by a court thst enjoys th full r.ieaaure of confidence of both lawyer and id i men. . It hurle 11. Dietrich ns not a member of iiiHtrra until after December 8, IMJl, and the court ha held that he wa not, the a Javoa) FlsUw caonot fc Ul uj?ua UUi . i , ! ; i i