Omaha Daily Bee Newspaper, January 28, 1902, Page 1

COPY FIVE CENTS. MERGER INTHE COURT Northera Mecuritios Compasy Bogins De- fonse Befors Rupreme Justiess. DENIES RIGHT OF FEDERAL JURISDICTION olds Minnesota Shenld Bettle Contreversy within the State. INVOLVES MORE THAN STATE INTERESTS Pays losue is Between Hin State and Citisens of New Jersey—Law Pro- » Consolidation of Parallel WASHINGTON, Jan, 27.~In the United Btates supreme court today Attorney Gen- eral Douglas of Mionesota renewed his motlon for leave to file a bill of complaint on behalf of the state axainst the Northern Becurities company In the matter of the merger of the Northern Pacific rallroad, with other rallroads, saying that he had given notice to the defendants as required by the court. Chiet Justice Fuller sald argument upon Ahls motion would be heard later in the day, as soon as the hearing of the case under consideration would be completed. W. D. Guthrie of the Northern Se- purities company filed a brief with the court putlining that company's position. He con- tended that the bill of complaint proposed to be fllsd on pebalf of tho state of Min- mesota does not present a controvefsy of a eivil and judicial nature between a state ®nd a citizen of another state justifiable in this court and that no state can call upon this court to enforce its penal or police Jaws In other states. Hence this court is without jurisdiction. Action Against New Jorsey Company. The bill asks the court, he sald, to re- ptrain by injunction a citizen of New Jer- wey from doing things which are entirely legal accordiug to the laws and which are sanctioned by its statutory policy, simply because those acts violate or evade or tend to circumvent the public or penal or po- Mce laws of Minnesota, the complainant state, ““There s, ho continued, “no suggestion that the acts complained of are not entirely lawful in the state of New Jersey or that it is not within the corporate powers of the defendant corporation as an Invest- ment company to acquire and hold the stocks of rallway companies. The sole ground of complaint is the alleged violation in New Jersey of certaln emactments con- tained In the statutes of Minnesota. Hence, he contended that the injunction prayed for would be nothing more or less than an order compelling the Securities company to obey the laws of New Jersey and the laws of Minnesota. Minnesota Corporation Not Named. He called attention to the fact that no wellef is sought agalnst the Great Northern | Rallway company or the Northern Paclfic Rallway company, although both are cor- porations of the state of Minnesota and both, therefore, within the jurisdiction of the courts of that state. This was taken, ho sald, as a confession that neither of these corporations had signed against the .Jaws or the constitution, He pointed out that neither of these companies is a party to the suit no relief couid be granted agalnst them. In conclu- slon Mr. Guthrie contended for the don- tinuance of the polley which had prevailed, he sald, during the history of the govern- ment, of allowing each state to control its owu affairs without Interference on the part of the federal judiclary. When the preceding case had been com- ploted Attorney General Douglas was rec- ognized to make his argument in support of the motion for leave to file his bill of complaint. Mr. Douglas made the follow- ing points In support of a report of the state to file an original sult in this court: Right of Jurisdictioon. The right of a state to Invoke the jurls- diotion of this court to protect its property nd individual rights and interests in an action against the cltizens of another state has long been recognized. The state of Minnesota owns upward of three million acres of land within its limits, which in near to, or in, the territory aloné traversed by the uwo Tallways in question: and the slate 14 dependent almost entirely upon those roads for the development of this tand and the furnishing of transportation facilities to the same. The state also claims the right to matn- tain this section as parens patrine, or as Lrustee or representative of all her citizens. A very large portion, If not all, of the cltl: gens ot Minnesota will be materially | Jured by the consolidation of and the moval of competition in frefght and pas- senger rates between the lines of rallway owned and operated by “the two com- panies, . It must be borne In mind that, in addl tion to the statutes prohibiting the col solldation, the state of Minnesota has con- tributed over ten million acres of land n order to secure the construction and maintenance of some of lhujurnllrl and competing lines by efther the t North- wrn or Northern Pacific Rallway company. A part of the consideration which the ntate recelved for the lands granted was the Implied ugreement on the part of such rallroad corporations and their stockhold- ers that these lines of raliway should be maintained and operated by sich corporas tions us paraliel and competing lines, State Law Prohibits Merger, A part of the statute law of the state of innesota relating to rallroad corporations as been for nearly thirty years that no vonsolldation In any manner whatever shail take place between parallel and competing lines ‘of rallway within the state: that iy one of the conditions and considerations demanded by the state for the right to be & rallroad corporation and 1o exercise. the powers and privileges of such within the tate is that free and open competition in oth {relght and passenger rates shall exist tween the lines of rallway operated by ich corporatio he violation of ese statutes s a violation of the contract @ghts or obligations of the corporations As well as of the stockholders thereof “*ithin the state, and, as we contend, glves the tate the right fo maintain an action to_enjoln such violation. The state of Minnesota, in attempting to enforee its statutory right and remedy by means of this action. Is not asking this court to enforce anything contrary to the declared public policy of New Jersey or of the nationul government. The declared bllo policy of New Jorsey and the United ates |s against the consolidation and uni- fication of competing Iines of rallwuy, and the removal of competition in frelght and enger rates. s policy s declared in he so-called “anti-trust law" of the United Btates, which hus been before this court on several occasion Affects Stockh The stock of the Great Northern and Northern Pacific ratlway companies, the title to which is placed In the Northern Becuritles company, in the manner and for the purposes of the bill, must be deemed to be held by the last named com- pany as though located in and subject re as Wel PLEASES EMPEROR WILLIAM Amerie ' Attitude on Prince Henry's Coming Visit Gratifies Ger many's Ruler, BERLIN, Jan. 27.—Emperor Willilam sig- nalized his birthday today by conferring territorial titles on all the regiments which had hitherto borne no distinctive names, In the morning Emperor Willlam and the imperial family attended divine serv- ice in the chapel of the castle. The mem- bers of the diplomatic corps and the im- perial cabinet were present This atternoon Emperor William held a “‘congratulation court” in the white hall, at which all the dignitaries of state were present. During this reception the em- peror held Andrew D. White, the Amer! % ‘aesador, in conversation for a few es, during which he sald he was much 4 over the way his brother's pros- . visit was being received In the Unic States. In the afternoon the emperor and thol prince of Wales repaired to the armory, both wearing the ribbon of the black eagle. His majesty was cheered by large crowds along the route, and the cheers, led by General von Hahnke, chief of the em or's military cabinet, were repeated within the armors FREEDOM HOURLY EXPECTED Relen of Misstonaries Now Regarded s Matter of Only Few Hours, DIAMALA, Roumania, Jan. 27.—The re- lease of Miss Ellen M. Stone and Mme. Tsilka is now expected hourly. At the request of the American negotiators the government has granted the former entire freedom to cross and recross the frontier, so as to facilitate the liberation of the captives. A. A. Garigule, first dragoman of the United States legation at Constantinople; Dr, House and W. W. Plet, treasurer of the American misslon at Constantinople; have undertaken to hand over the ransom and receive the captives. They have accepted all risks, and by speclal request, are no longer ac- companied by an escort of soldlers. LONDON, Jan. 27.—A dispatch from Sofia, Bulgaria, today says: The ransom of Miss Sllen M. Stone and her companion, Mme. Tsilka, has been paid to the brigands and the captives are expected to be released today. TO ENFORCE ELECTION LAWS | Southe! Republicans Preparing Bill Destgned to Insure a Fair Ballot, WASHINGTON, Jan. 27.—~At a caucus to- night of southern republicans in congress steps were taken looking to the preparation of a measure to be Introduced in both houses, comprising an amalgamation of the best features of the bills already presented in the house by Messrs. Bartholdt of Mis- souri and Gibson of Tennessee, for the en- forcement of the election laws. Senator Pritchard of North Carolina pre. sided and designated Mr. Gibson to prepare the proposed measure, whose foatures ware tentatively agreed upon. These provide for the honest enforcement of the state electlon laws, the right of minority representation and means by which the aggrieved party contesting an election case may be heard by the state canvassing board. If he is dis- appointed with the result he is to have the right of appeal to the district judge, who is clothed with power to hear and try ques- tions of law and fact de novo raised before the canvassing board and to issue the cer- tificate of election to the person having the highest number of votes. This Is to con- stitute prima facle evidence of his election, | upon which he may be sworn in by the house, There was some discussion of the Crum- packer bill, which reduces the congressional | representation in the south on the hasis of the vote cast at elections, but the sentiment of nearly all the members present was | against it. In its stead the southern re- publicans will offer the measure agreed on tonight, There were present at the meeting in ad- dition to Senator Pritchard, Senator Elkins, and Representatives Bartholdt, Gibson of Tennessee, Boereing of Kentucky, Moody ef North Carolina, Galnes of West Virginta, Dovener of West Virginia and Ball of Del- aware. —— DENIES SOUL’S IMMORTALITY Dr. Parkhurst Preaches a Sensational Sermon at Madison Square hurch, NEW YORK, Jan. 27.—In a sermon on “Immortality” Rev. Dr. Charles H. Park- hurst, in the Madlson Square Presbyterian church, declared against the popular evan- | gelical belief that all souls are {mmortal, He expressly gave it as his opinion that | the scriptures do not teach immunity of a soul from death and that a soul must be taken care of in this life or else it will| perish utterly, either at the death of the | body or after a longer or shorter period of | the life beyond the grave. Dr. Parkhurst said In part “There is nothing in scripture or in things that encourages us to feel that a soul can be kept from dying any more than a body, unless it s taken care of. There is no warrant from bible or from nature for sup- posing that a soul carries within itself a policy of insurance against its own eventudl obliteration.” The sermon & attracting some attention among the Presbyterlans here to a bellet in the doctrine of immortality of the soul. | LARGE BUILDING Five-Story Structure Destroyed at Loas of Two Hundred Thou- sand Dollars, IN RUINS | ST. PAUL, Jan. Fire tonight com- pletely gutted the Davidsom block, a five- story brick structure at Fourth and Jack- son streets, causing a loss of over $200,000. ‘The bullding is in the heart of the whole- sale district and for a time it seemed as it the flames would spread and do greater damage. The firemen were hampered by severe weather, the thermometer standing at 10 below zero. The loss on the bullding, which Is owned by the Northwestern Mutual Life Insur- ance company of Milwaukee, Wis., is placed at $125,000. Sternberg, Willlams Co., cloth- iers, occupfed the three upper floors and sustained a loss of §75,000. The Americai Wells Fargo, United and Western Expre: companies occupled the ground floor, but thelr lcsses were cowparatively small. Removes the Superintendent, GUTHRIE, Okl Jan Acting on th report of the investigating h committee all ‘the laws of the state of Minnesota and every power sought to be exercised (Contluued on Sec Page.) to the management of dklahoma | e asylun. Governor Ferguson today re moved Dr. Felix L. Winkler of Kingisher as superintendent and placed a committee of four physiclang temporarily In charge FAVORS UNITY OF NEBRASKA rk Now Oppeses fplis Inte Judicial Distriots. ASKS THAT HIS BILL BE HELD UP Cengressman Congressman Mercer Finds No En- couragement fo it of Prince Henry to Omaha—Experiment Stations for Irrigation, (From a Staft Correspondent.) WASHINGTON, Jan, (Special Tele- gram.)—A split exists In the Nebraska dele- gation over the several bills introduced in both branches of congress, dividing the state into two judicial districts. Repre- sontative Stark, who has been holding his car to the ground for several weeks, with the view of ascertaining the wishes of his constituents, evidently has found conditions not exactly favoring his bill, for he filed a letter today with the chairman of the ju- diciary committee asking that no further action be taken on his bill, After stating that the bill had been in- troduced in good faith at the instance of a number of his constituents he says: “I have recently taken up the matter with the view of submitting a brief to you in support of the bill, and after full examination I fing the facts to be that there is no neces- sity at this time to increase the federal courts in Nebraska; that as now consti- tuted, all matters are speedily determined that there is no probability of an increase in the immediate future; that about two- thirds of the current business comes from the Indian reservation in Nebraska, and those familiar with reservation matters he- lieve that in the future the work from those sections will greatly decrease. Constders It a Waste. ‘0 establish another district in Nebraska would entail a large expenditure of money annually and when not necessary for pub- lic service Is a waste and extravagance of public funds. 1 therefore request that H. R. 7632 lle on the table without fur- ther actlon. “But 1 deem it proper to say that I would favor a bill to fix the terms of the district court at least once a year at Al- liance and North Platte, thereby saving to the party litigants the items of large ex- pense for mileage, and have witnesses come. into the open court and glve thelr testimony instead of by deposition, as is now necessary in practice.” It s evident, however, that Stark's letter will not have any appreciable effect on the other representatives from the South Platte, for both Burkett and Shallenberger expect to push thelr bills. Burkett's, however, is the bill which is exciting the most talk, due to {ts “shoestring” arrangement of the south district. Wants Prince to Visit Omaha, Congressman Mercer today presented to the German ambassador, through Assistant Secretary of State Hill, his reasons why Prince Henry should include Omaba in his swing around the circle during his forth- coming tour of this country. Mr. Mercer met with little encouragement from the as- ststant secretary, who sald the ftinerary of the prince had been arranged and the short- ness of the stay of the distinguished vi itor would not permit of a stop in Omah: It was stated, however, that Miinneapolls and St. Paul were to be favored with a visit trom King Willlam's personal representa- tive, and that it might be easy to arrange to visit Omaha and Kaneas City on the way to Chicago. Compromise for Irrigation. Congressman Shallenberger today intro- duced a bill which is favored by many west- ern representatives, especially those living in the semi-arid region, as a compromise measure, should no general irrigation bill get through congress this session. Shallen- berger's bill provides that at least one ex- perimental station shall be established in the semi-arid portions of Nebraska, South Dakota, North Dakota, Kansas and Okla- homa, for the purpose of making experi- ments in soll culture and the conservation of nature's molsture, for the purpose of in- creasing the productiveness of those lands without irrigation. The bill carries an ap- propriation of $50,000, The regent of the Kansas State univers- ity, who is in Washington, is heartily in favor of the project, as are the members of the delegations from Kansas, Nebraska and other semi-arid etates. It is planned by those in favor of the bill to eall In a body on Secretary Wilson of the Department of Agriculture to secure his co-operation, An effort will be made by the senators and representatives from Nebraska to in- clude in the geueral deficiency bill an item appropriating $150,000 for the Burlington railroad, which that company advanced at the suggestion of the secretary of war for work done at East St. Louls and Rulo, Nel in the way of revetments along the Mis- sour| river. Reason for Riggs’ Visit The reason for Charley Riggs' presence in Washington is at last known. He de- sires to be made superintendent of an abandoned military reservation. Having heard that the government contemplated abandoning some old posts for the purpose of concentrating troops at important rail- road centers, he asks for recognition. In- cidentally be is pushing the clalms of Be- atrice for a larger public building and wants the government to buy forty fee: more frontal of land upon which to build an addition to the present structure. Mrs. C. F. Manderson, who has been kept to her room at the Arlington the last week, is considerably improved, and it is now the intention of General Manderson to leave for | the west about February 1. Members of the Grand Army post of Blue Springs, Neb., are aroused against Commis- sioner Evans and have petitioned Speaker Henderson through Congressman Stark to order congressional investigation of Evans, with a view of ascertalning just why more pensions are Dot granted. For Nebraska Postoffices, Senator Dietrich today made the follow- ing recommendations for postmasters: Mc- Cook, F. M. Kimmel, re-appointment, term expiring March 9 next; Adams, Gage county, H. D. Horhame, vice H. J. Merrick, term expires January 31, Senator Millard made the following ree- ommendations: F. W. Barnhart, postmas- ter ut Hartington, Cedar county, vice T. B, A. Watson, whose term expires February 11; Barnhart had the {ndorsement of F. 0, Robinson, county chalrman of Cedar county, as well as all the members of the county central committee, and the recent candidate |for congress from that district, John R. Hayes. Congressmen Burke and Martin of South Dakota today recommended Martha F. Lu- cuc for postmistress at Camp Cook, Butte county. Department Notes, These additional livery routes rural free de- have been ordered estab- ) (Continued on Second Pa ) LUNGS CONGESTED BY GAS SCHOOL LEVY IS SIX MILLS Theory of Expert Oftered ot 'l Denth, Possible . NEW YORK, Jan. 27.<The second day of the trial of Lawyer Albert T. Patrick, ac- cused of the murder of Willlam Marsh Rice, brought it to the point where the cause of the death of the millionaire is sought to be determined. The first witness along this line of inquiry Introduced by the prosecution was Dr. Hamilton Willlams, one of the physiclans attached to the cor- oner's staff, who attended the autopsy. The glat of his testimony was that the lungs were congested and that this was due to the inhalation of some gaseous irritant and that chloroform could have produced such a condition of the lungs. He later sald pneumonia could produce the same conditlon. arles Plowright, the undertaker, who was called in by Patrick to prepare the body of Rice for cremation, testified that he had sald to Patrick that it would require twenty-four hours to prepare for crema- tion and suggested embalming, to which Patrick consented. John 8. Potter, Plowright's assistant, tes- tified that Patrick had shown him a letter signed by Rice, expressing the wish that after death his body should be cremated. The morning of the day set for cremation he had been called on the telephone by Patrick and told that the cremation must be called off In consequence of a telegram he (Pat- rick) had just received from Texas, but that it would probably be held two days later. The letter to which the witness al- luded wus dated August 3, 1900, It was admitted as evidgnce. Dr. Hamilton Willlams, a coroner's phy- siclan, testified that the autopsy on Rice's body showed the brain, heart and kidneys normal, but an intense dongestion of the lunge. “I belleve,” sald Mr. Williame, “that nothing else than a gasecus irritant could have produced the conditlon of the lungs. 1 may say, instead of believing, that I know from experience this to be the fact.” SCHLEY PUTS'IN A BUSY DAY In Accorded Hearty Receptions by Schaol Children and Adult Admirers. CHICAGO, Jan. 27.—The last day of Ad- miral Schley's sojourn in Chicago was full of interesting incldents. Roception fol- lowed reception, and it #& estimated that durimg the day the admiral shook hands with more than 5,000 persons, men, women and children. The first item on the distinguished vis- itor's schedule was a visit to the new W. 8. Schley school bullding, where the ang “See the Conquering Hero In his ehort speech he said that honor and honesty are the handmaids of valor. He sald, too, that he was very glad to bave the scnool mamed after him. A small boy piped up: *“I am glad they Damed it after you,” whereupon there were shouts of laughter and general ap- plause. At 11 a. m. twenty-two representatives of the German socleties b? Chicaso pre- sented the admiral with resolutions of esteem. At 3 o'clock Admiral and Mrs. Schley were tendered a public reception at the Auditorium hotel. The lobbies and ap- proaches to the second floor corridor, where the distinguished visitors stood, were crowded. As the admiral and his wife ascended the stairway a chorus of fifty young women, attired In sailor suite, sang, “See the Con- quering Hero Comes.”” In the rear of the reviewing stand a company of the first ship's crew of the Illinols naval militia ‘was stationed as a bodyguard. Without further ceremony the people flled past, shaking the hands of both the admiral and his wife The reception terminated at 5 o'clock, at which time Chalrman Munger estimated that the admiral had shaken hands with 3,500 people. A feature of the reception was the wel- come accorded seventeen members of Com- modore Dewev's squadron at Manilla. GIRL IS HER OWN AVENGER State Failing to Make a Case, Seldler Shoots Clyde Pattiso GEDDES, 8. D, Jan. 27.—(Special Tele- gram.)—At attempt at murder was made at Wheeler, £, D., at 10 this morning, after the state had failed to prove a case against Clyde Pattison Miss A. Seldler, the complainant, shot Clyde Pattison in the back and shot again, but the second bullet missed him. At the time the corridors of the court- house were filled with people attending court., A doctor probed for the bullet, which he could not find. The deed was don> with a 32-caliber revolver. Amanda Seidler had sworn out informa- tion agalnst Clyde Pattison, accusing him of seduction. The case was called in clr- cult court today. Judge Smith dismissed the on account of a defect in the in- dictment. As the parties were leaving the courtroom Amanda drew a revolver and fired two shots at Pattison, the first taking effect in the back just below the shoulder- blade, ranging down and is supposed to be lodged about the kidneys. The second missed. The doctors have falled to locate the bullet, and Pattison is In a critical condition. The girl has not been arrested and public opinion is so strong in her favor that it is doubtful if she will be. MEN ARE _S_TI_LL MISSING Ten Members of Captain Porter's Command of Marine Corps Fall to Return. MANILA, Jan, 27.—The ten men of the command of Captain David D. Porter of the United States Marine corps who failed to return from the expedition into the interfor of Samar, when Captain Porter and twen- ty-six members of his party reached the coast of that island, January 24, are still missing and little hope of their safe re- turn is entertained. COMMITTEE HEARS CANAL MEN Monday Fixed as Date and Members of Isthmian Commission to Be Heard Firat, WASHINGTON, Jan. 27.—The senate com- mittee on interoceanic canals did not make a report today, but decided to have hear- ings beginning next Monday. The members of the Isthmian commission and such other witnesses as may be desired will be sum- moned. Record to Be Sold at Auctiol PHILADELPHIA, Jap. 27— Assistant United States Atforney General James M. Peck, as speclal master commissioner, has decided to sell the Philadelphla’ Record at public auction et noon en May 2 next in this eltyy Beard of Eduoation Acospts Estimates of Finanee Oommittes, THREE MEMBERS VOTE IN THE NEGATIVE { Chairman Maynard Expresses Opinion that Levy is Not High Enough o Prevent Increase in Float- ing Indebtedness. Six mills will be the school levy for 1902 At last night's meeting of the Board of Education the report of the finance commit- tee rocommending that the levy be fixed at this figure was adopted by a vote of 9 to 3 Members Homan, Howard, Theodore John- son, W. F. Johnson, Maynard, McIntosh, J. Smith, Stubbendorf and Barnard voted for the levy. Members Wood, Robert Smith and Cermack opposed it. Members Levy, Funkhouser and Andresen were not pres- ent. After Chairman Maynard of the finance tommittee made his report concerning the levy he was asked If he believed that a 6-mill levy will maintain the schools with- out any increase in the floating indebted- ness, the levy is not high enough to prevent an increase in the floating indebtedness, but the other two members of the finunce com- mittee, J. J. Smith and IHoman, expressed the opinion that the levy fs sufficient to carry on the schools without further re- ductions in salarles or decroase in the teaching force it strict economy Is prac- ticed. The levy was opposed by Mr. Wood, who {sald that he was confident it would not meet the expenses. He declared that he would rather make a heavier levy than have a defielt at the end of the yea Robert Smith stated that he belleved the levy was sufficlent to carry on the schools very satisfactorlly, but refused to vote for it because it was coupled with a report which advised an apportionment of funds which he did not approve. Expenditares and Resources, The expenditures and resources for last year and the estimated resources and ex- penditures for the present year are shown In the following tables, which were In- cluded in the report of the finance com- mittee: Expended. Estimated 1901, 1902, Advertising 3 $ 13 Architect's servi Books .. Bond redemption’ fun Cartage .. Census enumerators Construction Drawing, kindergarten and music supplies Election expense . Electric power . Examining committee Exp;rell and freight el ices o0 10 Hape 225558 RBIBRPRUIST2 BRI BEags Furniture . Improvements Insurance Interest and Janitors . 3 e 32EEE £33 Rent Repalrs Salaries clerks Speclal taxes . Stationery and suppiies Sites ... Teachers Miscellaneous Liquor licenses . State apportionm Miscellaneous licenses. Sale of junk, ete... Non-resident tuition Interest on funds Rentals Police court fines Miscellaneous sources. ... Tax collections, 6 per cent mill Jevy, amount re- CeIVed ......icieiinnsinane Tax collections, ‘six mills, total amount of levy.... Totals .$613,702.28 Reception at High School. W. F. Johoson called the attentlon of the board to the reception which will be held at the new High school building next Saturday afternoon. President Barnard will deliver a brief address at that time. John Latenser, architect, and the members of the bufldings and property committee of last year will aleo epeak brlefly. Mr. Stubbendorf will present the keys of the bullding to Principal A. H. Waterhouse Music will be girnished by members of the High school. The Omaha Carpet company was awarded a contract for windowshades for the new High school building on a bid of $276. Five other bids were recelved, ranging from $291 to $357. A resolution wae introduced by W. F. Johnson providing that the Omaha Street Rallway company shall be asked to sell High school puplils street ear tickets at the | rate of thirty for $1. Frank Johnson was appointed to act as page to the board for the year 1902 Attorneys for George H. Hess asked for a conference with the board concerning the | $1,200 sald to be due Hess for eervices as truant officer. Thelr communication was furem-a to the auditing committee and the board’s attorney. $508.900 DECIDES FOR OMAHA ROAD Judge Humphrey Rules Againat Sale of Omaha, K City & stern Rallway. SPRINGFIELD, 1ll, Jan. 27.—In the United States circuit court teday Judge Humphrey entered a decree contrary to that entered by Judge Amos Thayer in the | United States circuit court for the western | atstrict of Missouri in the case of Samuel Fordyce and Webster Withers, receivers of the Kansas City, Pittsburg & Gulf Rall- road company, and others against the |Omaha, Kansas City & Eastern Rail- road company, et al to foreclose a mort- gage of $867,000 and interest, amounting In | all to $918,367, and ordering the sale of the Omaha, Kansas City and Eastern road at Pattonsburg, Mo. COLLINS REFUSED REHEARING Man Convicted of Murder Faills to Obtain n New Tria TOPEKA, Kan., Jan. 27.—Judge Hazen in the district court today refused the writ of coram nobis for John Collins. The writ was asked for the purpose of securing & new trial of the Collins murder case. The lons aristng over the writ will be ap- pealed to the supreme court. John Collins was convicted three years ago of killing his father, J. §. Collins, & prominent real estate man of this city. Mr Collins, sr., carried & large amount of life fnsurance and to secure this was said to bave been the motive for the crime, Mr. Maynard said that in his opinion | CONDITION OF THE WEATHER Forecast for Nebraska-Falr Tuesday; nesday Falr with Rising Tempera- Easterly Winds, Becoming Vari Temperature at Omaha Yesterday: Hou Deg. Hour. 1pom. Z2pom a £l “+ o = Indicntes Relow Zero. ROBBERS HOLD UP A TRAIN | Seven or Eight Men Perform and Make Thelr Escape. Daring | PBRANCHVILLE, N, | tully planned and audacious expross rob- | bery took place at T o'clock this even- ing on the Southern railroad, when the passenger train from Charleston reached nearly the exact site of the successtul rob bery of two years ago, five miles from Branchville, Seven or cight men were riding on the platform between the engine and baggage car, concealed by the darkness. None were masked. At the fifty-five-mile board two men crawled over the tender and covered the engineer, John Reynolds, with Win- chesters. They fired two shots, one ball passing through Reynolds' cap. Fireman Gobb escaped by jumping off. Conductor { Black, who ran out, was covered and or- dered back. By order of these men a brake- man uncoupled the mall, baggage and ex- press cars, which were taken to Fifty- Eight station, leaving the rest of the cars on the main line. Here several shots were fired into the express car, and one man climbed up, covered Express Messenger Hall with a Winchester and compclled him to 4open the door. Three men entered the car and stripped the local safe. There was only a small amount of hooty In the local safe and no one here knows the contents of the through safe. No mall or baggage was touched and no passengers were molested. No measures have been made so far to follow the robbers. The leader is supposed to be Barton Warren. Warren was ar- rested, charged with having, single-handed, robbed the Southern express car just below Branchville in 1899, HIGHER PLANE OF MORALITY Uhilippines Are Re- ported Much Improved by Mintater. C., Jan. 27.—A care- Conditions in COLORADO SPRINGS, Colo., Jan. 27.— Rev. A. L. Hazelett of Colorado City, in his report to the War department on moral conditione in the Philippines, states that the moral conditions In the islands have materfally improved since the American occupation. Speaking of the saloon, he sald the strict discipline put In operation by General Otls has borne fruit and that & law to prohibit gambling had also been put into effect re- cently. Mr. Hazelett makes the following recommendations: First—A government appropriation for the establishment of soldlers’ inatitutes and of the non-alcoholic features of the post ex- change syatem. 8econd—A general order prohibiting the sale of vino to soldlers. Third—the Investigation of the charges against officers at Jolo, charged, and I be lleve Justly, with mainfaining housex of - fame’ without knowledge of the War de- partment and contrary to army regulation, STREET CAR BADLY WRECKED Collides with Train and s Carried Down the Track Some Distance. CHICAGO, Jan. 2T.—Twelve persons were | injured, one perhaps fatally, by the col- lision of a street car with the limited pas- senger train on the Milwaukee & St. Paul railroad this evening. The accident oc- curred at the West Chicago avenue cross- ing of the railroad, which is watched by & gateman. No arrests were made, as the police were unable to fix the blame for the accident. The street car was smashed in | and carried thirty feet down the track. The wreckage caught fire and several of the passengers were slightly burned. The most seriously hurt is John Oscack, who was taken, uncomscious, from the wreck of the car. He s badly cut about the head and has internal injuries. All the others will recover. KILLS MAN IN CHURCH PEW Persintent other, to or Shoots Sweethea Whe Objects Matoh. CHILLICOTHE, O., Jan. 27.—Joseph Cox shot and killed Howard Ratcliff at chureh | Sunday evening at Eagle Mills, fifteen miles east of here. Cox had been paying atten- tion to Ratclift's sister and Ratcliff strongly | objected. Cox took Miss Ratcliff to church last night and when Ratcliff saw them to- gether In church he at once assualted Cox, who drew & weapon and fired, the ball pass- ing through Ratclift's body. He fell in the afsle and expired amid the shrieks of ter- rified women. Both men are of respectable familics and both are school teachers. Rat- cliff married a sister of Cox. Cox was ar- rested and taken to McArthur today. MOB LYNCHES TWO NEGROES Accused of Murdering a White Man in Trouble Over Some Hogs NEW ORLEANS, Jan. 27.-Two negroes | have been lynched in a distant portion of Weet Carroll parish, Loulsiana, for the murder of G. N. Grant, a police juror from Floyd. Grant, while out hunting with a friend named McKay, came upon some ne- groes who had killed and were cleaning |hogs. He found that the animals were his | own hogs and attempted to arrest the ne- groes, when one of them fired at him, the bullet entering his brain. McKay aroused the whites in the neighborhood with the | news of the murder. A posse was hastily formed. Three negroes were captured and two of them were lynched at once, ew York—Arrived—Calabrian, At from Genoa and aples; Minnehaha, from Lon- At _Portland, trom _Liverpool Muroran—Arrived—Foreric, from Pbrt- land, Ore., for Manila, | TAt" Mania | coma."via Muroran | Ankmv.-rnnnk Arrived—Etruria, from New York. At | Plymouth—Arrived—Kalser Wilhelm der Grosse, from New York, for Cherboursg and Bremen. Salled—Patricia, for New York At York At Bremen-—Sailed—Breslau, York, via Southampton. 4t Gibraltar—Arrived-Trave, from New York, for Naples, Me.—Arrived—Dominion, Arrived—Oscane, from Ta- Hamburg—8alled—Patricia, for New for New 7| | high in the air. | Instruments on account SIX MEN ARE KILLED Moot Death from Torrifie Explosien in Noart of Now York, EIGHT OTHERS ARE SERIOUSLY INJURED Million Dellars Damage is Dene te Builde ings Nearhy. CAUSE OF THE WRECK NOT DETERMINED bustien of High Explesives frem Une ki DEBRIS FLIES IN VARIOUS DIRECTIONS G Badly Dam- aged, Hospital Shattered and Other Structures Seri. ously 1 NEW YORK, Jan. 27.—The reserve sup- ply of high explosives stowed at the Park avenue shaft of the Rapld Tramsit tunnel, now in course of conmstruction, blew up #hortly after noon today. The glant blast killed six persons, Injured eight more and serlously damaged all the property reached by the flying debris and the vibration of the shock. The irregular square formed by the Mur- ray Hill hotel on the west, the Manhattan Eye and Ear hospital and the Grand Union hotel on the east and the Grand Central station on the north was the scene of tho explosion. The bulldings named sustained the greatest damage, but the area affected extended for several blocks in the four dl- rections from the center, The killed were: CYRUS ADAMS, Murray Hill hotel, JAMES CARR, 32 years, a walter em- ployed at the Murray Hill hotel. LAWRENCE HINE, 20 years, of Ansonia, Conn J. RODERICK ROBERTSON of Nelson, B. C., a guest at the Murray Hill hotel. RALPH H. THOMPSON, assistant engl- neer (all outside reports scem to agree ne to his death, but his body is not reported by the police or by the hosvitals). THOMAS TUBBS, master mechanic for Contractor Ira A. Shaler. The list of Injured is an exceedingly long one, but most of those in it have only e caused by flying glass. Those more seri- ously hurt are: Walter R. Bristol, 50, Murray Hill hotel, concussion of braln, St. Vincent's hospital. Charles B. Gaines, New York, shoulder dislocated and many bruises. W. J. Nok, 31, New York City, severe scalp wounds. Mrs. Benjamin Moore, 35, Madison N. J., Manhattan hospital, face and hands cut. Rev. Father Ryan, New England, head, face and arms cut. — Wless, New York City, scalp wounds, concussion of brain, internal injuries. Debris Hurled in Hotel, J. Roderick Robertson of Nelson, B. C., was killed by deb hurled with the force of artillery Into his room at the Murray Hill hotel. He was general manager in Canada for the Britieh Columbla Gold Flelds company, limited, and a prominent citizen in the community where he lived. He was a Scotchman and leaves a wife and four chil- dren. The sunken approach to the street rall- way tunnel used by the Madison avenue line cuts through Park avenue and the shaft for the Rapld Transit subway was run be- side it at the Intersection of east Forty- first street. The street rallway approach was housed over with a superstructure used for operating the plant of the Rapid Tran- sit contractors. Temporary bulldings for dtorage purposes were thrown up against the superstructure at the mouth of the shaft, and there the explosion occurred, It tore a great gorge in the street, de- molished the temporary buildings and part of the superstructure and sent a mass of earth, splintered timber and twisted iroy Much of it went battering agalust the front of the Murray Hill hotel, and although the walls and maln structure of that bullding stood the shock, nearly every room in the front of the house was wrecked. Hospital is Abandoned. The Manhattan Eye and Ear hospital, in the east side of the avenue, fared nearly as bad and had to be abandoned by the management. The Grand Unfon hotel lost all of its windows and glass partitions and practically every front window {n the Grand Central station was shattered. The great clocks on its front towers were blown from thelr casos. ‘Thousands of windows, some of them seven blocks from the tun- nel shaft, fell in fragments. It was the shower of broken glass and falling debris that injured the greatest number. Fortunately the explosion occurred at the noon hour. Not more than 100 persons were in the main waiting room of the Grand Central station. Some of these were slightly injured by bits of glass, Four | ticket sellers were cut about the heads and arms with the flylng debris, Clerks Stay at Their Posts. The clerical force in the executive offices of the New York, New Haven & Hartford railroad, which occupy the floors above the first in the eastern wing of the depot, w thrown about by the wshotk. Chief Dis- patcher G. H. Wilson and his four assist- ants, who were directing the trains of the New Haven line, having several hun. dred trains to look out for, were scratched with flylng glass, but did not leave thelr chalrs even when they could not see their of smoke. One man, Foster, who was watching a single track strip in Connecticut, did not even &et up to look at the rulns after the smoke cleared away. The station tonight presented somewhat the appearance of a dismantled castle, with the big windows only ragged holes. General alarms brought firemen, police reserves and every avallable ambulance to the district. A majority of the finjured were treated on the spot, and the white- coated ambulance surgeons worked for un hour In the debris-strewn streets. Police lines were thrown over across elther emd of Park avenue and across the Intersec- tions of Park avenue, Caune of Accident, The quantity of explosives blown up and the cause are not definitely known. Severa! cauges are given. One was that a fire started near the powder room, aud the mas- ter mechanic, Willlam Tugi lost his life in a desperate attempt to quench it before it reached the deadly fuel. Another was that it started from a spark produced by @ stray current of electrieity. A third placed the blame upon a blast in the tunnel. Btill another gave a gus explosion from electrical contact i the trolley condult of