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NO PLACE TO LAND. What Will Become of Standard BAG LABOR FAILURE West Indian Negroes in Canal Zone) Unable to Stand the Changed Conditions. WHITE MEN ARE THE MOST DESIRABLE Spaniards and Cubans Able to Do Twice the Amount of Work the Blacks Ac- ish — The Commission May be Compelled to Try Chinese Labor in Dike | ging the Canal, Washington, July 16.—Perfect sani- tation and cleanliness are proving fatal to the West Indian negroes em- ployed on the Panama canal. though Col. Gorgas and his assistants have banished yellow fever and other tropical fevers which made the canal zone one large burying ground for the French canal builders, they have found that sanitary precautions taken in the quarters occupied by work- men make the Jamaican negroes especially susceptible to pneumonia and other throat and lung troubles, West Indians are not accustomed to an abundance of fresh air and well ventilated, cleanly quarters, Living for generations in small huts where large families crowd into rooms tightly closed against the night air the negroes from Jamaica and other tropical islands have developed lungs with cramped capacity and especial- ly susceptible to changes of temper- ature. The officers in charge have found that the West Indian laborers can- not be induced to eat sufficient whole. some food to keep them in good health, even when supplies are fur- nished to them at cost price and meals are made attractive at great expense to the canal commission. Chief Engineer Stevens, of the canal commission, Gov, Magoon and other men idenified with the work on the isthmus have agreed that lack of lung capacity and insufficient Rourishment,~) rather than laziness are responsible for the inability of the West Indians to perform an amount of work equal to that done by white laborers from Spain. The negroes are paid only 80 cents a day while the white men from Spain and Cuba are paid twice that amount and many of the bosses on the canal work are of the opinion that the white men really do much more than twice as much as the colored labor- ers. The Spaniards have been found to be thrifty and cleanly in their habits. They take their families to the is- thmus and maintain homes in which wholesome conditions prevail and good food is served. Most of the Spaniards now employed on the isth- mus went there from Cuba but they are natives of Spain who had obtained employment in Cuba. It is expected that Spain will grant the commission permission to take large numbers of Spanish laborers to the isthmus. To abandon negro labor, according to the commission, would be prac- tically impossible. But Chairman Shonts and other members of the commission feel that it is unsafe to depend on any one class of labor and because of the unsatisfactory results with negro labor are not only turn- ing to the Spanfards but will proba- bly try Chinese labor later, as it is not believed that sufficient Spaniards can be had to meet the demands when the canal work becomes more ad- vanced. Secretary Metcalf Begins Vacation. ‘Washington, July 16.—Secretary Met- calf of the department of commerce and labor will leave Tuesday for his home in Oakland, Cal. He expects to we a few days In Oakland and San ‘ranciées and then join Mra. Al- | Oil If Ohio's Kick Is Effective? BURTON PETITION FILED, | Counsel for Former Kansas Senator Ask ehearing by Supreme Court of United states. | Washington, July 16.—The petition ot Former United States Senator Bur- \on for a re-hearing by the supreme ‘ourt of the United States in the case jagainst him was Monday received by he clerk of that court. The petition s signed by all of Mr. Burton's coun- jsel, consisting of voha F, Dillon, F. |W. Leihmann, Harry Hubbard, W. K jHaynes, W. P. Hackney and B. P Waggener. Théy coniend that the rsourt should have ‘usta!ned the con- ‘ention that section 1,782 the statute jinder wich Burtea was presecuted vas unccastitutional and void and it 8 urged that the opinion ef the court shows thet many important considera- \ ions bearing on that statute were over- 1 ! ooked, It is also urged there was no proof © sustain the charge of the indictment hat Burton rendered service to the ailto Grain company in the preceed- ng of the United States against it; hat the offense, if any, was committed only once and not continuously every nonth during the term of Burton's 2mployment as counsel by the com- yany; that the letters of complaint sent, to the post office department should not have been read to the jury ind that much testimony was admitted that should have been excluded and nuch excluded that should have been heceived, Approves of Tricket’s Work, Topeka, Kan., July 16.—“I did not oppose the appointment of Mr Trickett in Kansas City, Kansas, neither did I favor the retention of Mr. McCamish. 1 am making no effort to stand from under what Mr. Trickett has done, nor have I gone out upon the housetops and pro- claimed that I was entitled to any special credit. But I approve of Mr, Trickett’s work.” This is a statement made by Gov. Hoch Mon- day. ‘Whether I will carry the an- ti-saloon war jnto the other larger cities of the state, is a question for the future to decide,” added the gov- ernor. “It has always been my pol- icy to encourage the local officials to do their duty.” Shoshone Registration Begins, Shoshone, Wyo., July 16.—Monday che registration for lands in the 3hoshone or Wind river indian reser- vation began at this place and also at Lander, Thermopolis and Worland Large crowds are arriving and officials of the general land office estimate that fully 40,000 people will register for homes. The registration began at nine o’clock Monday and will close at six p. m. on July 31. The drawing will) begin on August 4 and will con- tinue until August 15 when the reser- vation will be formally opened. There are about 1,000,000 acres in the tract to be opened. Railroad Assumes Responsibility. Salisbury, Eng., July 16.—At the re- sumption here Monday of the coroner’s inquiry into the cause of the wreck of the Plymouth steamer express, July 1. resulting in the loss of 27 lives, coun- xel for the London & Southwestern railroad announced that the railway accepted full responsibility for the accident and all the legal consequences resulting from it, adding that he hoped this statement would reduce the time secupied by the inquest. Rain Spoils Denver Decorations, : Denver, Col., July 16.—Considerable bavoc was wrought by rain Saturday night and Sunday to the elaborate |street decorations provided in honor of the Elks re-union, which pened here Monday, but the weather cleared Monday morning and the damage was repaired during the day. Royal purple |: and white are the prevailing colors but hundreds of flags are incoctaingiog ie the-deyeree one: WAS LCNOUN S GICHEST MAN. Alfred Beit, Well-Knewn south African | Financier and Friend of Ceeil | Rhodes, Dead. London, July 16.—Alfred Beit, the j}¥ell known South African financier lied Monday. Mr. Beit was born 853 at Hamburg. He was a life gov- j2rnor of the De Beers Consdidated |Mines, a partner in the firm of | Weruher, Beit & Co., and a director uf he Rand Mines, Rhodesia Railways 3echuanaland Railway Trust, Con- jsolidated company, Bultfonetein Mine ind British Chartered South Africe sompany. He was reported to have deen implicated in the Jameson raid j later a suit was brought aguinst Mr Beit on the ground of complicity in the said and his prosecution was demanded oy Dr. Leyd, the representative of the Transvaal in Europe, and in 1896, his -esignation from the board of directors of the British Chartered South Africa sompany was accepted. When Ceecii Rhodes died in 1902 it was found that Mr, Beit was appointed one of his exe- yutors and Mr. Beit thereupon returned ‘© the board of directors of the British Chartered South Africa company. Early in 1903 Mr. Beit had an apo- olectic stroke while at Johannesburg and it appears that he never fully .e- gained his health. Since that time he aad lived in London, Mr. Beit, who is said to have been the richest man in London and who con- trolled the output of gold in South Africa was at one time alleged to be forming a “gold trust” in which the names of prominent American finan- aMers were mentioned. He gave large sums of money to the Red Cross and other institutions and recently donated $500,000 to found a university at Hamburg. PRESIDENT’S BUSY DAY. Seoretary of War Taft and Assistant Secre- tary of State Bacon, Among Mon- day's Ci rs, Oyster Bay, N. Y., July 16.—Pres- iden Roosevelt begins this week with the busiest day he has had at Sage- more Hill this season, First he con- cluded the question of establishing brigade army posts besides many other matters with Secretary Taft who ar- tived at Oyster Bay on the Monday morning train, The secretary is to go to Canada for a two months rest and this visit to the president is for the purpose of settling all matters requir- ing executive action and which are possible of conclusion at this time Assisant Secretary of State Bacon reached Sagamore Hill during the day General Theodore Bingham, police commissioner of New York, accom: panied by P. F. Dunne (Mr, Dooley) came fn on the noon train. General Bingham was formerly superintendent of public buildings and groynds at Washington in which position he had general supervision and his call with Mr. Dunne is social. F. W. Whiteridge, spectal ambassa- dor for the United States to the wed- ding of King Alfonso of Spain was 1 visitor to Sagamore Hill Monday also. Mr. Whiteridge made a report of his mission to Madrid direct to the pres- ident, ELKS' TRAIN WRECKED. Texas Excursionists Have Narrow Escape Near Forbes Junction, Col.—Ran Into Landslide, Trinidad, Col., July 16.—Passenger train No. 7 on the Colorado & Southern railway, carrying hundreds of Texas Elks to the convention in Denver, was wrecked three mil north of Forbes Junction, at an early hour Monday morning. Engineer Martin J. Cullen was killed and Fire- man Charles T. Garre] badly hurt. That the whole train was not car- ried into the deep arroya, resulting in serious loss. of life, is probably due to the fact that it was running slowly on account of the recent heavy rains. The train ran into a landslide while rounding a curve and the en- gine rolled over, carrying the two baggage cars with it. None of the passenger coaches left the track. Cullen was caught under the loco- motive and his body crushed to a pulp. Fireman Garrell jumped, thus escaping death. Though severely in- jured he walked three miles to Forbes and notified the officials here. Two special trains from the south carrying Elks to the Denver conven- tion are held here on account of the wreck and will be delayed for some time until the track can be cleared. Tfoops Start ow 250-Mile March. ron of the Ninth cavalry, first squad- ron Thirteenth cavalry, 16 escort wag- ons hauling camp equipment, and the 260-mile march under the -*mmand of Col. E. 8. Godfrey, Ninth cavalry, commandant at Fort Riley. yjdescribed in the Junction City, Kan., July 16.—The pack train of more than 100 mules with big packs of provisions on their ‘| backs, marched away from Fort Riley at 9 o’elock Sunday morning on the . The march was commenced in rain that ff NOUN GAMBLING oS the Demurrer of the Hotel Compa- nies to Proceeding Partially Sus- tainsd by. Judge Buskirk. STATE WILL APPEAL TO SUPREME COURT should the Higher Court Sustain the De- cision the Cases Will Be Thrown Out —Petition of State for Injunction Not Properly Drawn According to the Opin- ion Handed Down. Paoli, Ind., July 16.—Judge Thomas B. Buskirk, in the Orange county court, Monday sustaimed the ehird section of the demurrer of the French Lick Springs and West Baden Hotel ompanies against the petition in quo warranto of the state for a tem- porary receiver and temporary in- junction against gambling at the re- sorts. In this third section the hotel com- panies set up that the allegations of the state in its complaint do not state facts sufficient to a cause of action against them, He ‘overruled the two sections of the demurrer in which they assert that the prosecut- ing attorney was not the proper re- lator for the state in such proceed- ings and the state has not the legal capacity to sue, Attorney General Miller served notice of appeal to the supreme court. Should the supreme court re- verse his decision the state's inform- ation will be sent back to Judge Bus- kirk’s court for trial, Should the su- preme court affirm the decision the case will be thrown out_of court. In his decision Judge Buskirk says: “Injunction is asked for in this case but only as an incident to the main action which is for a forfeiture of the corporate franchises, An in- junction may be granted to restrain acts or proceedings until the further order of the court but to entitle the party to relief, state or individual, for the state has no greater right as a Htigant than the humblest indi- vidual, a complaint or affidavit ask- ing for such injunction must allege that such acts complained of will produce great injury to the plaintiff, or that they are in violation of the plaintiff's rights. There are no such averments in the information filed in this case. “To the lay mind the recital of the great, serious, reprehensible charges alleged in the information and which it is also alleged have brought the state into reproach and disgrace, may portend great injury to the state and violate its rights, but that will not excuse the absence of those warrants in the information without which Us state is not entitled to the extra- ordinary remedy asked for. In their absence we cannot read these into the information nor can we supply them by inference. Again, injunctions will only Me to prevent sudden or anti- cipated acts—and not when the act has been consummated. “The conditions that would warrant injunction must exist at this time when, through the medium of the public press, from the published inter- views with counsel for both plaintiff and defendant and, if I may be par- doned, from the trial of this cause by counsel in the columns of the dafly press, We all konwn the whole country knows—that the casinos or club houses information, were raided by the officers of the law prior to the filing of this information their gambling apparatus seized, and that it ls now in the custody of the auditor awaiting orders for its destruction and that the casinos or clubhouses are not open, “Again, while this court cannot take judicial notice of its records in other tases, we, and the whole country, know that from the same source it has becn stated that at this term of court suits by these defendants, against the lessees of the casinos, for cancellation of lease or possession of the premises were tried and resulted in such can- cellation and recovery of possession True, these suits have been denounced as jokes, but be that as it may, they have crystallized, into judgments re- corded in this court, with all the force and effect of other judgments.” RATES ON OIL REDUCED New Agreement Between Eastern and Western Roads Detrimental to Standard Oil Interests. Chicago, July 16.—At a meeting ment will have the effect of inaterial- ly reducing the rates on oil and i z z Cy H eros products from the eastern ofl fields. refineries to all points west of \Clamors to Have | Head Chopped Off. New York, July —A cable dispatch from Paris says: “I want to be guillotined. They condemned me to death and they shall execute me. “Tl have none of their pardons. There is po reason for a revision of my sentence. Paris has not seen an execution in 10 years, and I'm going to give them the sight free.” This declaration was made by Pierre Adam to the prison authori- ties and lawyers, who were trying to persuade him to appeal fora com- mutation of hig death sentence for murder. He has redi@ed the persua- sions persistently: for’ three weeks and clamors to havé his head chop- ped off, yet the authorities do not comply with his wish. The position is acurious one. As the law stands, it preecribes that ex- ecutions shall be public, but since the guillotine was moved some years ago trom the notorious Place de la Roquette, the local officials every- where have successfully resisted vhe attempts to secure anew site, and the guillotine has lain idle in a shed, the officers of justice not venturing to offend any part of the city by in- sisting upon iteerectfon. They bave, consequently, persuaded every per- son condemned to death to appeal for a commutation which has been forthwith granted. Adam’s unprecedented refusal cre- ates a difficulty. A public execution invariably leads to a disgusting ca- rouse and misbehavior by the ecum of the city, and the establishment of the guillotine anywhere without the assent of the authorities represent- ing the respectable citizens would in- evitably arouse anger. Hence the reluctance to carry out the death sentences. Cow Yielded Diamond. Omaha, Neb., July 16 —To find a diamond in Omaha, search thestom- ach. It {is not only Miss Mae Thom- as, now undera five year sentence for grand lar¢ency, who has acquir- ed the appetite for the precious stones It was learned that a val. uable diamond, eet in fine gold had been taken from the stomach of a cow. The gem was discovered by an employee ofa packing house, who took it to a jeweler to learn ite Value. The finder claimed the stone by right of discovery, and declined to part with it. It was valued by the jeweler at $100. Father Kills New Son- in-law and is Slain. Blytheville, Ark., July 16,—Re- turning to the home of Joseph Woods, whose daughter he had mar- ried a few hours before without’ par- ental consent, Joseph Vaughan was shot and instantly killed Tuesday evening by his father-in law. The bride witnessed the tragedy. Woods fied to Dell, 10 miles west of Blytheville, where he resisted the attempt of Deputy Sheriff James Willis to arrest him, and was shot by the officer and killed, Thought it Hot Stuff. Hammond, Ind., July 11.—David Grove has a habit of taking a morn- ing nip of whisky with an egg in it. He fumbled around in the dark and got his hands on the carbolic acid bottle. He poured a generous dose 7? on. a swallowed it. with e burned out stomach. A Steeple Jack's Long Fall, “Gee, but that is hot stall,”:he yelled, and then fell in a fit. Doctors came and pumped him out and said the egg saved his life. He ts laid up Chicago, July 16.—After twenty AS TO MR: BRYAN’S CLOTHES. The Nebraskan Discusses Their Reputed Theft by Mr. Roosevelt. & New York, July.—The New York Times prints the following cable dis- patch from its correqpontens: in London: “Is it true?” I asked Mr Bryan yesterday, “that President Roose- velt caught you in swimming and stole your clothes? Over in America they say that is what has happened.” “He did not get all my clothes,” Mr. Bryan answered laughingly, and quickly added: “J doubt whether whav he did ges fit him very well.” ‘Mr. Bryan went on: “It is bard uphill work for Mr, Roosevelt to make his administra- tion respond to thecountry’s evident de mand for reforms, for the country gave him no mandate. The plat- form on which he was elected does not declare that our laws and our government should aim at the wel- fare of the whole people, but if a Democratic President is chosen in 1908 he will undoubtedly represent @ party committed to thie reform idea and will bein quite a different situation.” “There is no doubt about the peo- ple’s wish in this respect. Views that were considered revolutionary a few years ago are now accepted as sane and necessary. A change has come over the country. An American ask- ed me: “ ‘Mr. Bryan how do you explain the change that has come over some of ourrich men {n respect to their attitude toward Democratic princl- ples?’ “I replied: “‘The explanation is very easy. People who live in @ valley watch the dame above them and Ifa flood {s threatened they know that the higher the dam the greater the danger, and eome of them have made up their minds that they cannot af- ford to dam public sentiment any longer.’ “There ie another thing to be con- sidered,” Mr. Bryan remarked after @ pauee, “namely, the ethicul move- ment. A great many men are begin- ning to learn that there is something in the world more valuable than money, and it has gratified me to hear of numbers of cases where men have taken a larger view of their re- lations to their fellows and of their responsibilities. This introspection fe making some of them ashamed of the questionable methods which they have resorted to in the past.” To Cure a Cold in One Day. Take LAXATITE BROMO QUI NINE baa All druggiste refund the mo: it fails to cnre. E. W- } mes ny Be oneach box. hi “Twins Five Times In Succession. Clevelany, 0., July 16.—For the fitth consecutive time the stork lett twins at the home of David Goldman and his wife, Woodland avenue, southeast. Theirliving children now number 14, “I aspire to be the parent of rr more,” declared the proud Goldman, “I share my husbands ambition,” chimed in Mrs, Goldman, hale. and happy, though still. in bed. Eleven of the children, still at home, rejoice with their father and m other and are proud of the newest .| @rrivale,