Omaha Daily Bee Newspaper, January 29, 1902, Page 1

of Words is Waged on the Philipe " yine Question. BCENES OF INTENSE EXCITEMENT PREVAIL ‘)m fBilimas, Teller, Bpowner and Ledge Are 1 the Lenders, i | _" YNDULGE IN BITTER g ONAUITIES Tavelve Negrs TIaaue, Barely # ‘ag Fist'c Excounters. ICHAIRMAN IS UNABLE TO COMMAND ORDER \ v f ) Puring Perlod of Peace the Senate s Nelson Measure to Pro- vide Department of Comerce WASHINGTON, Jan. 28.—A Philippine storm was the central attrhction in the senate chamber today for nearly three hours, but was vold of definite results. At times it looked very serious and the spec- tators who thronged the galleries watched It with breafhless luterest. Acrimony in senate debates s not infre- quent, but it has been years since there has been such a hurricane of bitter vityp- eration, of personal taunt, of ugly charges and of unmodified criticlsm as was wit- neesed today. Not since the discussion of the resolutions leading up to the Hisphno- Amorican war have such scenes occurred in the chamber comparable with today. Kven that debate lacked the}personal bit- ternees manifested at times today. Irritation was aroused on both sides of the chamber and once or twice personal encounters between senaors seemed immi- nent. Once when Senator Teller taunted the re- publican senators by declaring that they knew the statements made in a recent dis- patch from Manila, in which General Wheaton was represented as criticising the opponents -of the government's poliey in the Philippines, were tru halt dozen republicans were On their feet in an in- stant. « £ Lodge Grows Defiant. Senator Lodge, to whom taunt seemed almed particularly, hurriedly crossed from his seat In the center of the republican slde to the center of the main aisle of the senate and, white to the lips, challenged the statement of the Colorado senator and demanded that he withdraw it Senator Teller modificd the statement, and further hostilities at that time were averted. One of the sharpest collogules was be- - tween Senators Spooner and Tillman. The race problem, Involving the lynching of negroes, was Interjected Into the contro- y and much feeling was manifested by both seuators.’ In ke course of the col- Joquy Mr. Spooner declared thatylf the same rule were to' be applied to the colored peo- ple in the Phillppines as Mr. Tillman re- ferred to In the south, then “God help the colored man in the Philippines.” “God help him in the Philippines now!" shouted the South Carolina senator pas- slonately. *“You have already butchered in three years three times as many as the Spanlards did In three centurles.” Lose Sight of Business. “It is one thing," retorted Mr. Spooner, 1%o kill men- with arms In 'their hands against the government and against the flag; It is another thing to burn them.” epators in their excitement seemed to have forgotten the subject of debate. The chalr (Mr. Frye) was able with dift- culty to malntain order. When the dis- cussion was ended for the day the chalr felt called on seriously to admonish sen- ators that the rules of the body had not beert observed, and after reading the rule which had been violated he expressed the hope that in the future segators would have a care to observe it Such admonition has not been made- by the presiding officer of the senate in many years. > Prior to the outbreak on the Philippine question the senate concluded the con- sideration of the bill establishing a De- partment of Commerce and passed it. The name of the new department was changed to that of the Department of Commerce and Labor, 2 atigation of Phil A resolution fntroduced yesterday by Mr. Lodge of Massachusetts authorizing the committee on the Philippines to make an investigation of the Philippine question and for that purpbse to sit during the s of the senate, reported favorably and adopted by the senate soon after it con- wened today. . ’ Mr. Bacon of Georgia offered a resolution providing that the committee on printing consider the expediency of printing a spe- clal edition of the Congressional Record for sale to the genoral public at $2 for the long seasions and $1 for the short sessions. He sald that some action ought to be taken by congress to insure to the general public more complete information as to the doings 1o congres: Under the present system, he said, it was impossible for the public to be kept in- formed upon the work of congress. It was no reflection, he eald, upon the newspspers of the country to they did not publish full reports of congressional proceedings, No newspaper could afford to present to its readers more than a briet synopsis of tho dings in the two branches of con- gress. Mr. Hawley remarked that his newspaper experience extended back between forty and fifty years. When he was younger®we mewspapers of ‘the country devoted consid- erable attention to the proceedinge of con- gross and In measure, at last, he thought they might return with Interest to thelr old r ctice. The resolution was adopted. Reject Lahor Am 1 Consideration of the bill to {the pending amendment being that of Mr. 'ottus, providing thet the department of bor should not be made a part of the proposed new “department. Afier a briet |discussion the amendment’ was rejected—19 to 33, Mr, Bacon then offered an amendment /providing that the pame of the mew d partment should be the Department of Com- merce and Labor. Mr. Nelson, In charge 1f the bill, agreed to the amendment and it ‘was adopted. Mr. Hale withdrew his amendment offered ® fow days ago transferriog the Interstate Commerce commission to the new depart- mept. He 'bad been convinced, he sald, s vt Bttty $Oontinued oa Fourth Page.) e \ WAR IN THE SENATE| NESDAY MOR FOUR 0FFIC>ER757 SURRENDER ent Lieutens ants Vield to Amers tenn Proops. MANILA, Jan. 28.—Major Lot and three Filipinos, lleutenants, with ten rifles, three revolvers and twenty-four bolos, surren- defed (o Major Anderson of the Sixth cav- alry Yesterday at Lipa, province of Ba- tangas. Lot was brought fn, ®sick, on a INtter. He was cordially hated at Lipa, where he looted $53,000 worth ‘of jewelry trom prominent familles. Nicherson’s scouts have eaptured Colonel Lot, a brother of Major Lot, near Ba. tangas. Lieutenant Willlam K. Larnes of the Sixth cavalry has had a slight engagement with some Filipinos, during which he killed two Insurgents and captured » captaln and two “eldlers / “be general outlook in Batangas prov- J1s decidediysfavorable. A party of In- «rgents, led by two renegades, recently entered Langulan, Leyte province, elaim- 1ng they were constabulary, but not yet niformed. The imposters were taken to police headquarters and were royally en- tertained by the native sergeant in charge. At a glven signal the repegades and in- surgents fell upon the police, who, though outnumbered more than two to one, fought desperately and drove off their assailants | after a hand-to-hand fight, in which bolos were the chief weapons. The victory was notable, as the police were completely sur- prised aod also outnumbered. They lost two men killed and had one man woundad. The Insurgents left one man dead. WOMEN ARE NOT RELEASED lonaries St ptives and Pros- pects Are Less Rea ving of arly Frecdom, WASHINGTON, Jan. 28—~The State des partment today recelved a dispatch from the United States representatives in Tur- key regarding the case of Miss Eilen M, Stone, the American misslonary held by brigande. and her companion, Mme. Tsilka. Its contents were dleappointing, the cap- tives not having been released, as was hoped would be the case from the manner end had been progressing lately. Ofclals are averse to dlscussing the case freely, but It is understood the hesi- tation of the brigands In bringing the matter to a prompt conclusion 18 due to thelr distrust of the attitude assumed by the Turkish authorities. The ransom money demanded has not been pald. The State department will con- tinue to exert every effort to secure the release of the women, but immediate pros- pects are Tess reassuring. VIENNA, Jan. 28.—A telegram has been received here from Sofla eaying that the brigands wish the liberation of Miss Stone, the captive American missionary, to take place upon Turkish territory and that the Turkish government will not consent to this arpangement unless it be advised of the time and place of the passage of the brigands across thet rontler. The Turkieh government also requires that a neutral escort. accompany the brigands. COLOMBIA IS ON THE ALERT Government Sends Strong Relnforce- menta to Realnt Attnek on PANAMA, Colombia, Jan. 28.—The gov- ernment steamers Boyaca, Chucuito and General Tempo salled from here this after- noon to attempt to break the blockade of Agua Dolce, where the revolutionary fleet was last aeen and to communicate with General Castro. Fossengers who have arrived here report ha“ing eeen a steamer towing two vessels oft Chorrera. The government has sent strong refn- forcer ents to reslst any attack on Colon, General Pinto, with 3,000 men, hgs | marched from Cali to Bogbta to reinforce Lhe government troops at the capital. ITS WORK NEARLY COMPLETE Pan-American Conference at Mexico Approaches end of Long & Seawion, CITY OF MEXICO, Jan. 28.—The Pan- American conference today practically fin- tshed its real work before it by approving the international sanitary measures and the important articles of the court of claims project. \ The only thing it has still on hand fs the report of General Reyes of Colombla on the means of improving fluvial commu- nication in South America. On Friday aft- ernoon will take place the closing session of the conference, Minlster Mariscal delly- ering the closing address. SCOPE OF THE NELSON BILL Wil Bring About Numher of Changes in Departwental At- fairs. WASHINGTON, Jan. 28.—Senator Nelson's bill creating & Department of Commerce, which passed the senate today, was amended in varfous particulars. Probably thé most important of the amendments was one changing the title to read the Department of Commerce and:Labor. 1t provides for a secretary, who s to be a member. of the cabinet; an assistapt secretary ande also the other offclals and clerks necessary. The prapesed department is especlally charged with the collection and distribution of statistical information and with the developing and fostering of for- elgn and domestic commerce. In the department there is to be a new bureau of manufactures and many bureaus now included in other departments are transferred to this new department, In- cluding the life-saving service, the light- house serylce, the marine hospital service, the steamboat Inspection service apd the bureaus of navigation, of shipping and of immigration, well as the control of the fisheries and the Chinese exclusion ques- tion 1l now within the jurisdiction of the Treasury ‘department; the flsh commission and the census bureau. The department also is given jurisdiction over the consular service so far as It pertalns to commerce. DECIDES AGAINST RUSSELL me Court ains the Gar- Corrupt Practices . Aet, . el COLUMBUS, 0. Jan. 2 —The supreme rfurt of Ohio today hapded down & de- cision sustalning the Garfield corrupt practices act. The decision was given in the case of L. A. Russell against the state. Russell claimed that conformity to this act could not be required of candida for congress. The case comes from Cuyshoga county - In which the negotlations looking to that | e SANTEE AGENCY FALLS FIRST braska Delegation Finds Office Ghut OF from Candidate. OMAHA AND IT§ INDIAN SUPPLY DEPOT Henry T. Oxnard Concludes Cubs Falls im—Senator Mi for Leasing (o Prove Iard's BQ (From a Staft Correspondent.) WASHINGTON, Jan. 28.—(Special Tele- gram.)—A determined effort is manifest on the part of the Interjor department to re- duce the number of Indian agents: wherover this can be consistently done, and the San- tee agency in Nebraska is the first to fall under the ban of the department. Com missioner Jones announced today that the agency for the Santces in Nebraska ceased with the expiration of H, C. Balrd's ternd and that hereafter the agency will be cop- ducted by the superintendent in charge of Yhe schools. He sald this information had been furnished the delegation in congress, but neither Senator Dietrich nor Senator Millard knew anything about the abandon- ment of the agency until informed by a reporter for The Bee. Senator Millard had chosen a successor to Baird in the person of George W. Saunders, and Senator Dietrich had joined him in this. The news of the department’s action, there- fore, stirred considerable controversy. Just what action will be taken is not known, although it is intimated that Sena- tor Millard will go before the Commission on Indian affairs and seek to have the Santee agency restored. Commissioner Jones' attention was called to the recent action of the Commercial club of Omalm in relation to the Indlan supply depot at that place and today he sald: “Bids for Indian supplies are opened In Chlcago and New York, but for delivery at the places whero the greatest demand for certain commodities prevails, Omaha is on this list. The Indikn depot at Omaha is running, and o tar as I know will continue to run. Should the appropriation fail, how- ever, we will be compelled to shut down at the close of the present flscal vear, June 30." General Manderson, speaking of the argu- ment in the case of the Northern Securi- ties company before the supreme court, wherein the stato of Minnesota seeks to re- strain the company from operating because its organization fs in restraint of trade, sald: “My observation of the supreme court practice leads me to the concluslon that if the justices are agreed that they should hear a more extended argument as prayed for by the attorney general of Min- nesota, they will not Indicate this conclu- slon until after the February recess, which begins next Monday. If, on the contrary, they spould deglde that nb other argument 1s necessary, they will 8o announce at next Monday's sitting. Personally, I do not be- Ileve the state of Minnesota has made a showing sufficient. to warrant the filing of briefs before going into the merits of the question.’ Oxnard Thinks Cuba Falls, om . Sapply Depot. At the concluson of the hearings on the beet sugar interests today before the ways and means committee, Henry T. Oxnard sald: “I am satisfied that the hearings Raye failed to bring out any satisfactory reasons why the Cuban ‘sugar planters should enjoy a free market in this country for their product. The advocates of free sugar from Cuba have fafled utterly to show that the United States has even re- motely contracted thelr market. The Cuban sugar industry has at times suffered from low prices, just as the corn industry ot Ne- braska, Jowa and Kansas has ‘suffered. Cuban sugar admitted free of duty will depress the sugar beet industry of thls country withbut any compensating advan- tages. Cuban advocates have, in my judg- ment, utterly falled to present any reasons why congress should grant what they ask.' Senator Dietrich today recommended the following postmasters: Bladen, Webster county, Willlam L. Bennett, vice A. P, Johnston; Barnston, Gage county, Edmund Hubbarg. iSenator Mllard recommended the reap- pointment of Mrs. L. A. Reynolds at Arcas dia, Valley county. Leaning Public Laundy for Grasing. Senator Millard introduced a bill today prqviding for the leasing of the vacant part of the public domain for grazing purposes, but reserving all rights of homestead and mineral entry, the rentals derived there- from to be a pecial fund for frrigation. No change will be made in the rules’gov- orning the leasing of Indlan lands in South Dakota if Commissioner Jones has his way {in the matter. After fully considering the question be has declded to recommend to Secretary Hitcheock that the department |adbero to its original regulation in this connection. The commissioner bases his action on the bellef that the leasing of In- dian grazing lands in South Dakota will best subserve the interests of the Indl “The plan has proved successful in Okl homa,” sald Commissioner Jones, ““and the Indlans there annually derive large income from this source. Louls Primeau, representing the Standing Rock Indlans, was at the Indian bureau to- day to confer with the commissioner. He advocates a rearrangement of the distriots as classified, but if the secretary sustains the commissioner his mission will prove a fallure. The Indlans object more to the manner in which the. lands have been divided than to the leasing plan. It fs {Ukely this matter may be made a subject of congressional Investigation, Charles B. Hennlg of Fairfield, Ta heen appointed messenger in the Navy Department, A postoffice 1s ordered establishéd at Don- ley, Marlon county, Ia., and Dewlitt Ward 15 commiestoned postmaster. Willam B. Lea of Holmesville and Thomas W. B. Eckett of Kearney, Neb, aro sppointed rallway mail clerks, The First National bank of New York fe approved as reserve agent for the First Na- donal of Volga, S. ‘The proposition of the Citlzens' State bank to lease quarters in the new bufld- ing on Warford street for a postofice at Perry, la., for ten years is accepted by the Postotfice department. Stark on Irrigation, Congressman Stark has sent to Geerge L. Levee of Grand Island, Neb., a letter, in which he says: 1 regret Ihnl))r«l. of officlal business hag prevented me from taking u% with you be- ‘ore this time the Irrigation bill. Historleally there are two lines of the law affecting flowing stream: One I» Known as riparian ownership: that fs, that there cannot be any uppropriation of water from a flowing stream, but that it must flow undiminished In volume. A long time ago, time out of mind, & water wheel was Inlrut“h'rd us & motive power In England, and there followed a public sentiment t flowing water must not be deflected I’rux the stream, as that might stop the mill, pooth o W B (Continued on Fourth Page) . INSISTS ON THE GAS THEORY Doctor Relterates Statement Rice's Lungs Are Not Go ented by Celd. . NEW YORK, Jan. The cross-exami- nation of Dr. Hamiiton Willlams, coroner's physician, who was presént at the autopsy on the body of Willlam Marsh Rice, was r sumed today at the trial of Albert T. Pat- rick. In reply to questions by Me. Moore of counsel for Patrick, Dr. Willlame said it was possible that disease of the kidneys might so aggravate the lungs that death would ensue in an hour. The Kidneys might be diseased, although of normal size and color. A neglected cold might cause pneu- monia, accompanied by comgestion and a watery couflition of the lungs. “Are tNose the conditions you found In the lung taken from Mr. Rice's body?" asked Mr. Moore “To a degree, yes." On redirect examination the witness said there were certain conditions in the lobe of tho left lung that could net have resulted trom a neglected cold. 2 The witness reiterated his belief that the condtions found were due to the inhalation of a gaseous irritant. Captain James A. Baker of Houston, Tex., testified that the firm of which he ‘was a member had lookéd after Rlce's affairs for about forty years.. The witness repre- sented Mr. Rice while Patrick was rep- resenting the heirs under the will of Eliz- abeth, the second wife of Mr. Rice. Mrs. Rice had dispored in her will of certain property in which Mr. Rlce claimed she had no interest. The withess met Pagrick in 1898 and 1899, “Patrick thought the ‘case should be set- tled,” sald Captain i amounts from $250,000 X spoken of by Patrick, buf I told him Mr. Rice felt greatly outraged§ by the will and bad no doubt of winningjthe ease in the United States court. T fold Patrick I would recommend a settl§ment of $50,000 to stop ltigation.” “DId Patrick ever meet Mry Rice when were present?”’ asked Assistant Dis- Attormey Osborne. . ver.” Patrick had told the witness of moeting Mr. Rice in Texas several years before, but witness had newer ‘heard of Patrick meeting Rice within & year of the latter's death. Patrick had neyer lnformod witness that he represented Mr. Rice or that he was interested with Mr. Rice in Aany way. Captain Baker sald he saw Patrick in Rice's apartments four days after Rice's death. ‘David L. Short was with him. Thoy had a conversation of about twenty minutes. Patrick,” the witness coul 103 he feit that an explanation and he was glad to make it, should be glad to hear it. * the litigation and to our After I went back to Te: made up his mind that we of settlement it he could meet told him Mr. Rice was very all who had taken part in and that he was especiaily executor, Holt, and at Patri dalous questions the latter. witness examined by him." ‘The prosecution jod by mission of o & for $65,000 e by Rice to Patrick, or as to the will of 1896, The check for $65,000 was never presented for payment and the gourt ruled that jt was not pertinent to tho crime, Baker tessified that, to the best of his belle?, the will of 1900, the two checks for ,000 each and the cremation letter were forgeries. The recorder first admitted the wills of 1896 In evidence and then reversed the ruling, saying that he thought it was the 1900 will that had been offered, Mr. Osborne sald that his object was to compare the two wills to show that the will of 1896 was taken as the baals for the will of 1900 and that the latter offered inducements for' every one mentioned in the will of 1898 to decline to contest the will of 1600, FUNSTON DEFENDS WHEATON fcansns General Becomes Indignant at Sennte’s Hint of OMctal eprimand. i due to me told him I referred to in 1899, sald he effect a - ‘Rice. 1 KANSAS CITY, Jan. 28.—General Fred- erick Funston arrived here today from San Francisco. After a consultation with his physiclan he will continue on to Iola, Kan., the home of his parents, for a brief visit. He appeared in good health. General Funston made the trip to Kan- sas City alone and arrived unannounced. He goon sought out his physiclan and sub. mitted to an examination of the wound from which he has experienced 'trouble Iately. Whether or not another operation would be necessary the physiclan was not ready to state, saying that it might be two or three days before that question could be determined. In the meantime General Funston sald he would remain In Kaneas City rosting quietly. He expressed himself ae feeling perfectly well. He sald that after undergoing treatment here and visit- Ing his parents he would returi west in time to take a transport for Manila early in February. His leave of absence expires March 10, General Funston, in an Interview with a reporter, sald of the Investigation con- ducted vashington recently regarding the killing of two Filipinos: “The investigation of General Metcalfe 18 In the nature of threshing over a matter already settled. The whole thing is based on an afidavit made by Private Huskey, formerly of the Kansas regiment. Huskey #wore that he saw Metcalfe shoot uparmed prisoners. That was In March, 1899, “In March, 1900, Huskey appeared be- fore a board of army officers appointed to Investigate Metcalfe’s connection with the affair. Here he stated that the. previous afdavit was secured from him by a Kan- sas officer after the latter had gotten him drunk. Huskey sald that be signed a pa- per, but had no knowledge of its contents. “This was the afidavit upon which the charge against Metcalfe was based. He de- nled every statement made fh the aMda®it at the hearing in March, 1900." General Funston was Indignant at the hint of & reprimand from the senate for General Wheaton, He reviewed General Wheaton's long career and sald that he d1d not believe in subjugating the Filipinos by sprinkling them with yosewater. General Funston was asked about his plaps for the future and replied: “I have only the regular army in sight.” TO ACCEPT COLORADO DIOCESE Rev. Charles 8. Olmsted of Philadel- Wil Be Installed After Enster, DENVER, Jan. 28.—It {s, announced that Rev. Charles 8. Olmsted of . Philadelphia has decided to accept the position of coad- jutor bishop of the Episcopal diocese of Golorado, 1o which he was recently elected, and he will be fustalled sbortly after Easten, \ PLATTE VALLEY BANK CLOSED Examiner in Oharge at Bellwood an Cashier A, K. Gould Arrested. ACCUSED OF FORGING MANY NOTES Lincolw, Omaha and Other Nebraska Banks Satd to Be Involved An Agmregate of over #40,000, BELLWOOD, Neb., Jan. 26.—(Special Tel- egram.)—The Platte Valley State bank closed its doors at about noon today, which has created considerable excitement the citizens, especlally the depositors. The bank is now in the hands of a state bank examiner. A. H. Gould, cashier, is under arrest, charged with forgery. LINCOLN, Jau, 28.—(Special Telegram.) ~-An investigation begun yesterday after- noon, under the direction of President S. H. Burnham of the First National bank of this city, resulted today in the arrest of Cashler A. H. Gould of the Platte Valley State bank at Bellwood on the charge of torgery. It is alleged that Gould has forged notes for amounts aggregating bgtween $40,- 000 and $46,000. Some of the paper which I8 sald to be worthless is held by Omaha and New York banks. About $5,000 of the Platte Valley bank's paper is held by the First Nstional bank of this city. Mr. Burnham's suspicions regarding the notes purchased from the Institution were aroused yestérday, and a speclal messenger was detalled to Bellwood to investigate. The search resulted In the claim that some of the paper was forged and the findings were at once communicated to Mr. Burn- ham, who immediately brought the matter to the attention of Secretary Royse of the State Banking board. Bank Examiner Hartwell was notified to go to Bellwood and take charge of the Institution. Mr. Hart- well arrived in Bellwood last night and to- day closed the Institution. Secretary Royse teft for Bellwood this afternoon. Loss of Lincoln Firat National. ‘M». Burpham estimates that the,loss sus; tained. by his bank will not greatly exceed $2,000, but he can give no definite figures and bas no information upon which to base an . acourate conclusion. He says he re- celvéd a private message from Bellwood this morning to the eftect that Gould ad- mitted lability for not less than $20,000. The Platte Valley bank has been doing business for many years and has been con- sidered to be In excellent condition. It is capitalized for $15,000. The State Banking board has taken no action in the matter, and none of the state officials here has official knowledge of the charges preferred against Gould. Secretary Royse discussed the suspicions with Attor- ney General Prout yesterday afternoon, but that was before it was definitely known what the investigation in Bellwood had brought forth. ftate Treapurer Stuefer said tonight that the stats would lose nothing through the closiug of the bank, as it is not a state fl?“'fi contain any state "Phe Platie Y | & 2 wAs M‘:Jfl' by burgldrs about two sonths ago and robbed of $1,000. Since then a Pinkerton detective has been in Nebraska investi- gating the case, but it 18 not ‘known whethér the robbery has any connection with the events which transpired today. SCHLEY IN BLUE GRASS STATE Admiral Recelves Continuous Oya- tion Along His Route from Chicago. LOUISVILLE, Ky., Jan. 28.--Rear Ad- miral Schley, who, under the chaperonage of the Board of Trade and the Knighte Templar, Wwill be Loulsville's guest until Friday next, arrived here this evening. He was greeted by an admiral's salute and a shouting crowd of many hundreds at the depot. The trip from Chicago was one long ova- tion and so vigorius were soms of the hand- clasps which the distinguished seaman r colved en route that his right hand was " as the admiral explained. The admiral made no speeches on the trip, although at some of the stops he spoke a few words of greeting. Tele- grams from every station along the line, many of them stating that the achools had been closed to allow the children to see the admiral, were received. They asked that the admiral appear on the platform, it only for & moment. At many points the best General Superin- tendent Lowell of the Monon, who was in personal charge of the train, could do was to sMcken speed, but the passengqr for whom all were looking braved the cold to appear and bow. At Lafayette, Ind., ho insisted that grimy<handed machinists who had rushed from the car shops, take his band. “Never mind that grease,” he sald, and the men who had not wished to sofl tho admiral's gloves cheered. CANNOT ACCEPT PRESENTS Pry dent Mnst Have Anthority from Congress to Receive Gifts from Foreign Rulers. ‘WASBHINGTON, 5 opinion of the officials here President Roosevelt cannot accept any present from either Emperor Willlam or Prince Henry without authority from congress, An examination of the precedents fs sald | to disclose the fact that while in many in- stances presidents apparently recelved presents from abroad, they never have re- tained these except by’ express authority conferred by congress. In the other cases, ‘where the giftsa have not been returned to the donor, the presents have been deposited by the president in the Department of State or in the Smithsonlan institution. A large number of medals and articles of value may be seen In the library of the State department, the gifts of foreign rulers, CENTRAL BOAMF EXAMINERS Delivery System, WASHINGTON, Jan. 28.—A central board of examiners to supervise the civil service work of the rural free dellvery service of the postoffice depertment will he estab- lished here February 1. Clarence F. Daw- son, private secretary to the postmaster general, will be appointed chairman of the board and several others *with a similar long experience in the service will be de- talled as members of |t Mr. Dawson has been secretary to the postmaster gen- eral through several administrations, Mr. Payne announced after his appoint- ment that his private secretary, Mr, Whitney, would continue s his secretary here, The latter will take charge in & few daym ong | CONDITION OF THE WEATHER Forecast for Nehraska—Fair fn West, Snow in'kast Poction, Wednesdayj Fair; Variable Winds. plodis 4 and Warm, Thursday, pnha Yesterday: Hour, Dex. ». Temperature at 0 Hour, Dew. 5 a. 2 n. a ADDRESS BY NEBRASKA MAN: Speech ondtetall Grocers Made Refore Convention Wy J. B, Conyngham, MILWAUKEE, Jan. 25.-~The Natlonal Retall Grocers' assoclation, in annual con- ventlop here, today discussed many ques- tions of interest to the trade. J. B. Conyng- | ham of Nebraska spoke of the dolngs of the retail grocers and general merchants In that state. “The Retail Grocer and His Responsi- bility” was the title of an address by Colonel Robert Mitchell Floyd of Boston. Colonel Ffoyd expressed the hope that in the near future the national association would be composed entirely of grocers and that they would carry on their national en- terprise without the assistance of men not engaged in the distribution of food products. Albert J. Jans of St' Leuis, Mo, also ad- dressed the convention. Other papers were read by Frank J. Wickens of the New York State Grocers' assos fon, A. Schier of Texas and Lieutenant Governor John Lee of Missouri, The association adopted resolutions urg- Ing the passage of a national pure food law and placed the stamp of its unqualifiéd ap- proval on the proposed parcels post legls- lation. Kansas City, St. Louls, Cincinnatl, 8an Francisco and Buffalo are working hard to secure the next convention, MAKE A BREAK FOR LIBERTY United States Prisoners Attempt Escape and Cruelly As- sanlt Trasty, SOUTH M'ALESTER, 1.'T., Jan| 28.—One hundred and forty-two prisoners in the United States §afl here made an unsuccess- ful break for lberty last night and two of them wers wounded by the guards, Nich- olas Woolride, charged with murder, and Charles Carter, charged with peddling whisky, were ehot in the lags. The prisoners had been thwarted in an eftort to out through one of the walls of the fail early in the day and they chatged thelr faflure to an aged trusty whom they suspected of betraying them. They pounded him nearly to death before he was rescued by the jaller. A general riot tollowed the’ fighting. The prisoncrd de- stroyed the lights and attacked the guards and were about to escape, when the jailer and his assistants fired into them, wound- ing two and frightening the others into submission. TWO. . MFN.. DIE . ON - GALLOWS Hanged for Killing Cashier of a Har- risburg, Pennsylvania, Bank. HARRISBURG, Pa, Jan. 28.—Waston Ketper eud Henry Rowe were hanged at 10:40 this morning in the presence of 1,000 persons. Rowe and Keloer for weveral years worked in and around the mines at Lykens, Pa During the morning of March 13 last they visited the Halifax Nationa! bank of Dalifax, this county, ond, with arawn revoivers, demanded of Cashier Charles W. Ryan the cash in the vault, In a struggle wlich ensued the cashler was shot in the breast, dying seve:al hours later. Rowe ard Kelper were captured by cftl- sens within two weeks; they wera tried anil convieted of firat degree murda®, Frank R. Bholey, an accomplice, pleaded gullty an accessory and was sentencal to ten Jears in prifon. MOURNERS KILLED BY TRAIN Three Perso: Retarning from Funeral Are Hurled from Thetr Carriage. CHICAGO, Jan. 28.—Three persons were instantly killed and four serfously {njured by & Michigan Central train at a- cross- ing at West Hammond, Ind,, late this aft- ernoon. Dead: MRS. MARY POLEK. JOSEPH POLEK. JOSEPH SWISGAK. The party was In a closed earrlage re- turning from a burlal at Mount Carmel cometery, Six persons were fnside and one on the seat with the ‘driver.; The locomotive struck the carrlage in the elde with great force, demolishing it and throw- ing the occupants in all directions. The driver escaped uninjured. ENGINEER KILLED IN WRECK Meets Death in Colliston in Which Fireman is Hurt and En- &ines ‘Demolished, SYRACUSE, N. Y., Jan. 28.—The second section of the New York Centrl limited, ecastbound, struck a switch engine standing on the track In front of the Ogelda sta- tion. Both engines and much of the sta- tlon were demollshed. The engineer of the lihited, Dorsey Welch of Albany, was killed. Fireman Cahill of Aibany jured. Nome .of the passengers were jured. The cars remained on the track. JUSTICE OF PEACE IN TROUBLE Prominent Man is Charged with Em.. beszling the Funds of H odge, ST. JOSEPH, Mo., Jan.-28.—A apecial to the Dally News from Maryville, Mo., says: Alwin Charles, member of a prominent family, aged 65 years, has been lodged in jafl on the charge of embézzling $1,600 funds belonging to the local Odd Fellows' lodge, of which he was for thirteen yoars secretary. Charles 1 a justice of the peace and lived in Maryville all of his life, W York—Salled—Bovie, for Liver- Naples—Arrived—Aristea, from Port- , Me., via 8t. Vincent, ¢, ¥ At Bingapore—Arrived—Glenchiel, Tacoma for London At Cherbourg—Arrived—Katser Wilhelm der Grosse, from New York, via Plymouth, for Bremen. « fro) A s Philadelphia; w Yorl At Yokohama—8alled—-Empress of China for Hong Kong, Shanghal, Victorla and Vancouver YAlk B;-Illyiil"u.\;nd—l’flllln. {r(mn x’:‘ew ork, for [amburg; lanitou, from jow York, for London, - from oW Arrived—8iberia; SINGLE COPY FIVE [in the K | New Yol CENTS. POLICE BOARD HOLDS Fire and Polios Commission. ACTS ON ADVICE OF ATTORNEY GENERAL Proav's Writin Opiuien Potent ' te Pree voat Actien by Exeoutive DECREE OF SUPREME COURT PLAIN Law Laid Dowa in Twe Decisiens Setiles Points at Iusna NO RIGHT TO ANTICIPATE REVERSAL Opinton Farnisked at Request of Goy- ernor Clearly Sets Futility of Ac- n Proposed by Aspirant: tor Appointment, (From a Staft Correspondent.) LINCOLN, Jan. 28.—(Special Telegram.)-« At 1 o'clock today Governor Savage an- tounced that, acting on the advice of At torney General Plout, he would take no steps toward appointing a fire and police board for Omaha Governor Savage's statement to the publi is as follows The opinion of Attorney deneral Prout in regard to my duty to appoint a Board of Fire and Police Commissioners for the clty of Omaba states clearly that I have o such authority. Deputy Attorney General Brown's opinion, which was rendered o few weeks ago, is to the same effect. Both these opinlons were rendered after careful examination of the decrees of the supreme court on this much-tried and much-mooted question and after a careful review of the law and the authorities, and no matter what my personal wishes in the premises may be, I am bound to respect them and be governed accordingly. 1 have therefore determined not to jeopardize the peace and safety of the citizens and good order of the city of Omaha by precipitating a need- less struggle for the control of the pollce authority of that city, and I shall there- fore make no appointment of a Board of Fire and Police Commissioners. Attorney General's Opinton in Iall. Attorney General Prout's opinlon, is as tollows: Governor K. 8ir: In reply fon of this oflic fire and police of Omaha L be P. Savage, Lincoln.—Dear ur request for the opin- n your right to & vint ommissloners for the city ¢ that the subject involves the consideration of three de- cislons of t preme court. By an act passed by the legislature in 1807 podver vested in the governpr of the stat goint such commissioners. In State foores, 55 Ncb., 4¥), the state enforce that provision of the the governor such right. The cuse regularly argued and submitted. The court decided ‘that 3o far as the act assumed to gonfer power upon the governor 1o appoint fire_snd poilce commissloners for the oty Ot Dmuha 1t was unconstitutiona) and vol Ty ihat decision tho appotntecs of Governor Holcomb wore held to be intruders and were ousted from office. The judgment was final and effective, : Later, in Btate against Kennedy, 6) Neb., 300, the’state sought to reopen the question of the governor's wuthorlty to appoint those officers. At this~time Governor Poynter had succeeded to the office of governor, a new board of commissioners had beerr 4p- [olnted by him and quo warranio proceed. Angs were instituted to place them In office. In that case it was urged by the state that the declaton n State agafnt Moores, supra, was not binding on it, for the reason that the doctrine of res adjudicata could not he invoked against the state. This areument was presented to the court with an. ex- haustive of authoritigs, but the was adverse to the conten- U hage sulivd udge Sulltvin, in delivering the opinion of the court, held In eftect that the jods: ment In the Moores case, Whether right ar wrong, was ‘a final adjudication against the authority of the governor and his sic- censors In office to appoint theke commia: sloners. He sald: “One of tho interposed by the respondents i th judgment in the Moores case, whothe or wrong, s binding and conclusiv the partles to this ltigatiop. Coun the ‘Intervenors, on the other Hand. con tend that while the doctrine of res judi- cata applies to ordinary suitors, it has ne application to a sovereign state. The ques. tion thus raised f« an importunt one, and we have glven It careful consjderation, reaching the conclusion after much reflec. tion and thorough investigation of (ho @ u- thorities that when the state invokes the {udgment of a court for any purnose it lava ts soverelgnty aside and conments o ha bound by the decision, whether such decl- slon be favorable or adverse." . After numerous citations, the opinfon continues: “In the cose of Moores, supra, it was de- clded that the state. acting through its governor, could not_appoint fire and police commisaioners for Omaha. That judgment is_conclusive upon. the state, and, as f matter of caurke, x binding upon the gov: grnor and those claimipg through or under, . Should you appoint commisgfoners and by quo warranto the state should seek to in- Atall them In office, It would be met by the Aoctrine of Tos udivata announced i the opinfon above nuoted We can see no possib'e way to ascape {ts and effect #o long o {t stands unre- d, Tt must be remembered thnt Moores against Redell, recently d, does not atfempt or even suggest { overruling of State agaimst Kennedy, supy It 1 the law of the state, being the' court's latest pronouncement on the rlfit of res ud- udicata as applicable to the state. The Redell case was an injunction suit brought by an officer to reatrain his impeachment Dy, tho fire and poilce board, the' atite not elng a party eve relation to t! t, The court held the bo g the officer and dissoly cldentally, the court overrul Moores cage, but fafled to overrulo tha Kennedy case; ‘either expressly or by fmj cation; 1t I8 entirely silent on the question of res judicata. f umed that the eourt will judgment overruling the ing Its slon In the Kennedy ¢ N ht to appoint fire. and | missloners would be unquestioned. 1f, on the other hand, it bespresumed that the court will reaffirm the docteine ofs the Kennedy cas then 1t fa equally clear that you huve n such right. We have no righi to presume that the court will ovérrule the declaion < cuse. which was reached, as the court 1 b hetion and thorough | Athorlties. 1 advise you that in the udgment of (i depariment you have 1o cgal authority to make the appointmen: of the officers ‘in_question, o o 1 have the hanor,to remaln, respectfully F. N. PROU he yours, N PRO Attorney Genej DRYDEN CARRIES THE DAY Geln Majority of Vote of Legts for United States Senator New Jersey, TRENTON, N. J, Jan. 28.~The two houses of the legislature met separately today to ballot for the United Statss sen- atorship. In the house, John F. Diyden of the republican nomines, 10- coived 46 vetes to 14 for Congressman ) Dermott, the choice of the democrals, the serate the Yote was: Dryden, 17; McDermott, 4. Previous to the session the democrats held a caucus and selected Mr, MeDermort as their candidate. Senator Gebhardt In a epeech questioned the democracy of Mr. McDermott. The latter did not support Bryan in 1898 Mr. McDermott was Ly & vote of 13 to 4. ’