Omaha Daily Bee Newspaper, January 30, 1902, Page 1

STABLISHED JUNE 19, 1871. ASKS FULL REVIEW Schley Urges Pr Court's Firdings BASES HIS APPEAL ON DEWEY'S REPORT ays in No Other Way Oan Exaot Justi Be Done to Hi POINTS OUT ERROR OF SECRETARY LONG 4% % Wants Exdersements by* ™%, ¢ Inquiry Repert Annullew ‘n,, " /3 QUESTIONS OF AUTHORITY AND K ." Text of the Admiral's Appenl to Prem dent Roosevelt is Made Pablie and Navy Department in Consfdering It. WASHINGTON, Jan. 20.—The Navy de. partment has made public Admira Schley's appeal, dellvered to the president about a week ago. The department's com- ment will be published In a day or two. Admiral Schley appeals to tie president @8 the chief executive and commander-in- chiof of the army and navy, vested with power to “regulate and direct the acts of | the several executive officers thereof,” and he asks that the president review tho find- ingy of the court. He asks this on three grounds, In each case basing his appeal on the findings of Admiral Dewey as op- posed to the majority report. These three grounds are set out in the petition, which fills about eight printed pages of a pamphlet, and 1s signed by Admiral Schley and by Messre, Rayner, Parker and Teague of his counsel. petition are three exhibits, ““A,” “B,” and “C,” each made up of coplous extracts from the testimony takem by the court of inquiry and intended to confirm the state- ments of fact made in the petition itself, Fiest Ground of Appeal. In this latter dooument the first ground of appeal is the holding of Secretary Long in his endorsement on the court's findings that “the conduct of the court in making no finding, and rendering no opinion on those questions (that of command or credit for the victory) is approved—indeed it could, with propriety, take no other course, evidence on these questions during the In- quiry having been excluded by the court.” On this point the petition says that the secretary of the navy was In error in stat- ing that the court excluded testimony to show that, as Dewoy sald, Schley was the senlor officer In the battle of Santiago; was In absolute command and entitled to the credit due for the glorious victory which resulted in the total destruction of the Spanish ships. On this point the pe- tition says: ‘““Therefore, the petitioner asks the presi- dent to annul Secretary Long's endorsement on this point and that he specifically ap- prove Admiral Dowey's statement declaring that Schley was in commas He aays that woly In this way can exact justice be done him undet the precept.’ Second Ground Concerns Withdrawal, The second ground relates to the alleged withdrawal of the squadron at night from Santlago bay and the character of the blockade and the propriety of Commodore Schley's conduct in the premises. This was one of the points upon which Admiral Dewey specifically dissented. The petition recites the findings of the court to the ef fect that the flylng squadron did not, with- draw at night and declares that by this statement the court obviated the necessity of expresaing its opinion as to whether or Dot a close or adequate blockade was tablished and the propriety of Commodore Schley's conduct In the premises. It s daclared that under this specification—the olghth—more than a majority of all the witnesses weore examfned and about on third of the whole period of the inquiry was consumed In its consideration. Yet notwithatanding the facts herein set forth, sl of which appear upon the record of the sald court, the concurring members thereot have falled utterly and entirely to discharge the most important duty imposed upon them by the terms of the sald specification, which duty was to report thelr opinion upon the qu ilon of whether or not a close or adequate blockade of sald barbor to prevent the es- sape of the enemy's ves therefrom was mtablished and the propriety of Commo- fore Schley's conduct in the premises Therefore Admiral Schley asks the presi- dent to annul-the secretary's endorsement, which “makes valld the failure of the ma- jority members thereof to report their opinion upon that portion of the sald eighth specification. And it is also asked that there be substituted therefor Admiral Dewey's holding that ‘“the blockade of Bantiago was effective. Stands on Dewey Verdict. The third ground recites Admiral Dowe; opinion to the effect that: *“The passage from Key West to Clenfuegos wi made by the flylng squadron with all possible dispatch, having in view the importance of arriving off Clenfuegos with sufficient coa! that the blockade of Clenfugos was effective; that the Adula was permitted to gain information; and, finally, that the passage from Clenfuegos to a point off Santiago was made with as much Atspatch as possible, while keeplng the squadron & unit.”" The petition declares that this opinion, belng at variance in certain points with the majority opinion, is the only one Justified by the evidence and facts beforo the court and it is asked that the secre. tary's approval of the majority fndi be set aside and annulled 1n each fnstance © It s at variance with Admiral Dewey's opinfon and that the latter's oplnion should be approved for the reasons heretofore set out in the bill of exceptions filod with the secretary of the navy. It is @180 askod that the president annul that portion of Secretary Long's eudorsement Wwhich states “as to points on which the P ding member differs from the opinion of the majority of the court, the opinion of the majority Is approved,” and that in place he substitute and approve the dec- laration of Admiral Dewey on these poluts above referred (o, connmected with the passage from Key West to Clenfuegos and thence to Santlago. The petition concludes: And your petitioner most respectfully states that only bt the action for which he prays in this relation can exact Justice be done him \x"hlll II.Iu'h \'(vlnll'l &IS“()II of the precept under hic the court and whence it derived Itn ‘authorits. "¢ Question of Command, Exhiblt “A" is an argument concerning the question of command during the battle of Santiago and comprises fully two-ihirds of sixty-two printed pages which make up the petition and exhibits. (Coutinued on Second Page.) Attached to the | THE OMAHA DaAILY BEE. — — — OMAHA, THURSDAY MORNING, JANUARY 30, 1902-TEN PAGES, SINGLE KANSAS CITY GRAIN CASE J. A Munroe Argnes for Unfon Pactfic Before Interstate Commerce Commission. (From a Staff Correspondent.) | WASHINGTON, Jan. 20.—(Special Tele- gram.)—J. A. Munroe, general trafic man- ager of the Union Pacific, appeared before the Interstate Commerce commission today in what is known as the Kansas City grain case. The case seeks to adjust the rates on grain from points in the Missourl valley to | points east. At present through grain rates { from Kansas points to Missourl river terri- tory and points east are, as a rule, 1 cent per 100 pounds lees than the local rates | from Kausas points to Kansas City plus the proportional rates east of Kansas Clty. The Kansas City Board of Trade contends that this constitutes discrimination against Kantas City and like points and in favor of 8t. Louis and Chicago. Mr. Munroe held the undivided attention o commission. He explained that in ‘o move the Kansas grain crop b, tly and to serve Its patrons properly his company had avalled itself of the facilities at Kansas City, Kan., which had the effect of relfoving the car pressure by getting prompt unloading and the return of | empty cars to the interior for reloading, hereby protecting the through rate east and south and giving the same rate as would obtain on shipments handled in through cars without transfer. He said the present plan resulted from years of experfence and was believed to be to the best Interests not only of the common carrier, but also of the grain dealers and grain growers in the territory served. The commission took the case under advisement as to what should be done. Fear I8 growing amoug those who are charged with the arrangement of Prince Henry's itinerary that he is contemplating too far a journey into the interfor of the United States. Today his journey was shortened and Milwaukes, St. Louis and Chicago are the citles now on the list for visitation, cuttng out all cities farther west. It is now thought that the cities agreed upon will have to forego the pleasure of the prince's presence, as the demand for the kaiser's personal ropresentative grows to such proportions that the German am- bassador 18 overwhelmed with Invitations and be has transferred the whole matter to the State department. Omaha, therefore, will have to content itself without enjoying the distinction of seeing the brother of Em- peror William. Senator Millard's bill granting an increase of pension to Jullus W. Clark was reported favorably today. F. C. Luck, chalrman of the National Cat- tle Growers' assoclation, appeared today before the committee on public lands in ad- vocacy of Senator Millard's grazing bill which he Introduced at the request of the cattle growers of the west. Senator Dietrich recommended the fol- lowing postmasters: Barnston, Edmund Hubbard, to succeed himself; Bladen, W. M. Bennett, vice O. J. Johnson. Colonel J. H. Pratt and daughter of Omaha are guests at the Fairfax. Rev. E. A. Fogelstrom and daughter of Omaba are in Washington. Dr. Fred F. Tron was today appolnted pension examining surgeon at Chamberlain, 8. D. The proposition of Mrs, Mary Greek to furnish quarters on the east side of Main strect between Fremont and Broadway for the Denison (Ia.) postofice has been ac. cepted by the Postoffice department for a term of ten years. Major Edgar A. Mearns, surgeon, is or- dered to Fort Yellowstone for duty, re- Meving Contract Surgeon James Ferguson, who will proceed to his home fn Ollvia, Minn., for annulment of his contract. PLAN FOR CARNEGIE INSTITUTE Trustee and Donor of Fand Hold Con- sultation Regarding Pro- posed University, WASHINGTON, Jan. 20.—Andrew Carne- &lo and the hoard of trustees of the Carne- gle Institution, the new national university of post graduate studles which Mr. Carne- gle has founded with an endowment of $10,000,000, held their first meeting here to- day. Bosides recelying a large number of callers, Including Secretary of Agriculture Wilson, Senators Scott and Elkins of West Virginla, and Governor Budd of California, Mr. Carnegie spent most of the forenoon in an informal conference with the trustees. He announced his definite purpose to en- trust them with the absolute control of the endowment and stated that he did not wish to Influence their judgment in any way. Mr. Gilman, the former president of Johns Hopkins university of Baltimore, to whom Mr. Carnegie confided his plans be- fore the project was announced, and Dr. Charles D. Walcott, director of the United States geological survey, who has been tho spokesman for Mr. Carnegle in the an- nouncement of the plans and virtually sec- rotary. of the board, stated that to their knowledge no member of the board has come to Washington with a tentative plan of organization drafted. A general desire prevalled, sald Dr. Gil- man, that every detai] of the organization should be freely discussed by the entire ministration should be the result of such & discussion. He had understood, he sald, from talks with Mr. Carnegle, what the latter hoped might be done, but the subject of practical organization had not been dis- cussed. WILLING TO IMPROVE'RATES Western Officlala Admit Existence of Arbitrary Schedule ai to Abolish I WASHINGTON, Jan. 29.—Some important admissions of rate cutting were made at a hearing given by the Interstate Commerce commission today in continuance of the in- vestigation begun at Kansas City on Jan- uary W Vice President Paul Morton of the Atchi- #on and J. M. Johnson of the Rock Island, and J. M. Monroe, traflic manager of the Union Pacific, testified. All the witnesses admitted that the published tarfl rates on grain moving in and out of Kansas City, Mo, had not been observed. They ex plained the methods by which the lower rates were actually accorded and contended that this was necedsary.’ They conceded that there were favored shippers on most of the trans-contineatal lines, but clalmed the practice was the natural result of the competitive conditions of trans-continental traffic. The most serious cutting of rates, they sald, prevalled between Kansas Clty and Chicago. The witnesses admitted that at a time when the published rate from Kansas City to Chicago was 12 cents per 100 pounds, there was practically no grain moved at a rate above 7 cents, and more or less of this trafic was carrled at the rate of 6 cents. The officials expressed their willlngness to wipe out this arbitrary rate if the lines east of Kansas City would enforce rates board and that the completed scheme of ad- | SOUTH IS SWEPT BY STORM Kontuoky and Arkaness Roemes of the Worst Damage. PROPERTY AND BUSINESS LOSE HEAVILY Telegraph and Telephone Wires Are Torn Down, Catting Of Many Towns from Outside Com- munication, LITTLE ROCK, Ark., Jan. 20.—The heav- fest losses ever sustained in Little Rock from a like cause are the result of the terrible storm of sleet and cold rafn which has prevailed here for the past three days, culminating last night Tho business section of the clty fs a scene of desolation and business men on every hand are mourning heavy losses that can- not be recovered by insurance. The esti- mated damage will exceed $400,000, in- cluding loss to business. The fall of sleet amounted to about five inches. Little Rock 1s practically shut off from the world. The Western Union lines are all down through- out the state. The Southern Telephone and Telegraph company reports a loss of $23,000. The Little Rock Telephone company has not a line operating in the city. Most of its wires are broken and many of Its poles are down, all for four blocks on Loulsiana street falling with a crash this morning. Crossed wires set fire to the office and the fire department was called out and the flames were readily extinguished. IFully 5,000 shade trees were demolished. Strect cars were run irregularly today. Heavy Damnge In Kentucky, LOUISVILLE, Jan. 20.—An unusuaily se- vere storm of mixed sleet and rain pre- vailed throughout the lower portion of the Ohio river valley this morning and as a result trafic is delayod and telegraph service fe badly crippled. In this city the storm began at 10 o'clock last night and from that time until early today fell with- out gessation. The sleet was followed by rain which froze as it fell, making locomo- tion for pedestrians and vehicles difficult. On some of the street rallway lines cars were unable to move during the early part of the day. The temperature at 7 o'clock this morn- Ing was 27 degrees above zero, but it mod- erated rapldly and the streets soon became a masg of slush. Nearly every train com- ing into this city arrived from one to two hours behind time. The local weather bureau reports a fall of sleet and rain of 1% inches In twelve hours. Telegraph south of Louleville {s seriously Interrupted, all communication being practically cut off. The Postal Telegraph and Cable company sustalned a serlous accident tonight. Three poles on the river front, carrying the Postal's wires, which were covered with sleet, fell at 7 o'clock and the wires landed across some trolley wires. Im an instant the Postal operating room was full of blue flames and then was cut off from the world. The Postal people could not say tomight what the damage amounts to or when they can again get communication with the rest of thelr system. exington s in Darkness. LEXINGTON, Ky., Jan. 20.—{exington 18 in darkness and almost every street is blocked with fallen trees and tangled wires. The storm which began last mid- night continued without cessation all day and tonight. The few people who are out tonight carry lanterns. The mayor ordered all electric currents, except those supply- Ing several street car lines, which are yet open, cut off for safety. Beautiful trees, for which the city s noted, are falling by hundreds. PADUCAH, Ky., Jan. 20.—As a result of the sleet and snowstorm in this section, wires are down in every direction. A number of factorles have closed and the street cars stopped, owing to shutting off of the electric currents. It s estimated the total damage in this city will reach §100,000. The damage at Mayfield 1s $60,000, with corresponding losses in other adjacent cities. KANSAS CITY BEATS ST. LOUIS Capta Convention of National Ite- tall Grocers for Next Year, MILWAUKERB, Jan. 29.—The National Association of Retall Grocers, whose annual convention came to a close here today, votad to meet next year in Kansas Cily. \This de- cision was reached after an exciting con- test between Kansas City and St. Louis, the former winning by a vote of 64 to 62. The convention voted to recommend that the 1904 meeting be held in San Francisco. The following officers were elected: Pres- ident, Joseph E. Willlams, South Bend, Ind.; vice president, Willlam Gray, Brooklyn, Y.: secretary, Charles Pfefller, St. Louis treasurer, E. G. Ashby, Toledo, O, ‘The report of the ways and means com- mittee, which was adopted, recommends that the same policy of soliciting donations as existed last year be continued and also that the per capita tax of 10 cents remain in force. It was also recommended that the executive committee fix the secretary's sal- ary at $1,200 per annum. The committee on constitution and by- laws recommended that & committee pre- pare a new constitution to be presented to the mnext convention for adoption. A resolution favoring no change In the duty on raw sugar from Cuba was tabled. George L. Dingman of Minnesota ad- dressed the convention today on the benefits to be derived from a national pure food law and Daniel F. Keefe of California spoke on mutual obligations. SAYS WOMEN ARE AT LIBERTY Sofia Correspondent Stone and Mme, Reports Tallka Arve i LONDON, Jan 30.—The Sofla correspond- ent of the Times, wiring under date of January 29, says: “It Is reported that Miss Stone and Mme. Tstlkn were liberated this morning on Turk- ish territory."” Bak Are Locked Out, KANSAS CITY. Jan. 29.—One hundred { unfon bakers and bench hands employed by the six leading firms here were locked out tonight because of an attempt of the In- dustrial Councll to form a union of bread wagon drivers. Hereafter the bakers say will employ nonunion men. Throat Cat, CARTHAGE. Mo, Jan. 20.—H. Rate Smith, manager of ‘the Deutsch Clothing | company, was found in ‘the basement of | his “store today with his throat cut A razor lay nearby. Smith was 3 years old and had been married less than a year S ——————————— Jury Has Jim Howard's Case, FRANKFORT, Ky.. Jan The fate of Jim Howard, the alleged Goebel assassi- nation principal, was given to the jury at § o'clock this evening. A verdict 18 not ex- pected unul tomorrow, COMPEL SAVAGE TO APPOINT Writ of Mandamus is Sought to Force New Fire and Police Board Upon Omaha, (From a Staff Correspondent.) LINCOLN, Jan. 29.—~(Special Telegram.)— Governor Savage was notified late th afternoon that an application would be made to the supreme court next Tuesday for a writ of mandamus to compel him to appoint a Board of Fire and Police Com- missloners for Omaha. The notice was glven by a delegation consisting of Frank T. Ransom, C. C. Wright and W. I". Gurley. Governor Savage tonight said he would be representod in the case by Attorney General Prout, but would vouchsafe no in- formation ac to what defense, it any, would be made. The notice of the contemplated proceedings was informal, though accom- panted by afidavits setting forth the condi- tions of the controversy, and mno papers have yet been filed in the supreme court. The attorneys said, however, that the ap- plication would be filed fn due time for consideration on the first day of the sitting, which will be Tuesday. DETERMINED TO ENFORCE LAW Governor Vam Sant ¥& Proposed Merger ia Ilegnl nnd De- serves Defeat, ST. PAUL, Jan. 2).—Governor Van Sant today replled to the petition from Minne- apolis business men who asked him to cease his fight on the so-called railroad merger. The letter s addressed to Jenney, Semple, Hill & Co., and the governor says: 1 beg to acknowledge receipt of a petition from you and numerous other gentlemen doing ‘business in the city of Minneapolls proposing that no {mmediats action be taken against the Northern Securities com- any, and “that a fair opportunity for test- ng by experience, whether good or evil, will come from that company.” The conselidation of the Northern Pa- iflc and the Great Northern Railway npanies, through the organization of the Northern Securities company, Is clearly a Viglatlon of state statutes. 1 obligated myself, when 1 was inaugu- rated governor of the state, to enforce the laws thereof. It {8 my bounden duty to prevent, if possible, the consolidation referred to, be- se sich consolidation 1s in violation of the clear and unmistakable provisions of the laws which have been on the statute books for over a quarter of a_century. Not only s the letter of the w, but also the settiod policy of this state, against the consolidation of parallei and competing rallroud lines. Competition in the matter of rates has always been and ever will b beneficlal to the ‘people, and no speclous argument or statement from those desir- g to do away with such competition is ‘sufficient to ‘meet plain facts derived from common_ experience. However, the question’ of whether the law 9 wise or unwise does not confront me. The law duty is pla 1,” therefore, must respeotfully decline to comply with' the requests contained in your petition and shall continue us vigor- ously ‘as possible to vindicate the laws of the state. AID FOR IO0WA SUFFERERS Thousand Dollars Voted hy Mine Workers for Widows and Or- phans at Oskaloosa, fsts and has been violated; my INDIANAPOLIS, Jan. 29.—The thirteenth annual coenvention of the United Mine Workers of America Wifousned sine dle to- night at 10 o’clock, after selocting Indlan- apolis as the place for holding the comven- tion next year. The delegates to the joint conference to be held with the operators of the country, commencing tomorrow, are instructed to vote for Indlanapolis for the joint confer- ence next year. The convention before ad- journment voted $1,000 for the aid of the widows and orphans of the miners killed in the lowa disaster, adopted a ringing resolution against “‘government by injunc- tlon" and adopted a resolution favoring the re-enactment of the Chinese exclusion act. The most Important actlon taken by the United Mine Workers today was the adop- tion of an amendment to the constitution | a8 recommended by the constitution com- mittee, providing for the election of na- tional officers by popular vote of the local unions throughout the country. Heretofore the officials have been voted for in the natfonal convention. It was upon the sug- gestion of President Mitchell, in his annual report, that the amendment was proposed to the convention for its action. SCHLEY BRAVES BAD WEATHER Passes Through Streets of Lou in Heavy Sleet, Cheered e LOUISVILLE, Ky, Jan. 20.—Admiral Schley, In following the program prepared {in his honor by the Loulsville Board of Trade, moved through the heaviest sleet- storm that Louisville has experienced in many years. In epite of the bad weather more than 2,000 persons visited the Board of Trade this morning and shook the ad- miral's tired, but still ready and willing, right hand. A great crowd had gathered in and about exchange hall, where the ad- miral recelved the people. Marion E. Tay- lor, president of the board, made the in- troductions and as the crowd filed before him the admiral had a courteous word of | reeting for each. Governor Beckham was |in the line, but was rescued early and stood the remainder of the reception at the side of Mr. Taylor. Amoug those in line were nine members | of the Natlonal Assoclation of Naval Vet- erans. To each of them the admiral de- voted especial attention. Luncheon at the Pendennls club followed |and tonight the admiral was the guest of honor at the annual banquet of the Board of Trade at the Galt house. He responded with a bow to the cheers that greeted his entry to the banquet room. SAYS COMPANIES ARE SOLVENT Owner of Asphalt Securities Files Bill Char OMeers with Fraud, TRENTON, N. J., Jan. 29.—Henry Spinks of Newport, Ky., today filed in the United States clrcuit court a bill charging the officers of the Asphalt Company of Americi and the National Asphalt company with fraud and collusion in having those com- panies declared insolvent and placed in re- celvers' hands. Mr. Spinks is the owner of $125,000 worth of the securities of the Asphalt Company of America. His bill is technically a bill of intervention. He asked permission to be allowed to come In as a defendant to the original bill asking for the appointment of recelvers for the companies. He avers that the companies are per- fectly solvent and that no recelvers should have been appointed. A rule cause has been granted in connection with Mr. Spinks' bill returnable February 10. The making permanent of the rule asked for by Mr. Spinks would have the effect of reopening the question as to whether re- |cetvers sbould be appoiated. to show | LIVES SAVED BY FIREMEN Posple Onught ia Wigh Building with Poer Ohance of Beeape. CARRIED THROUGH FLAMES TO THE STREET One of the Fire Fighters Drops from Fi th Story, Sast Namber of Serfon Ing CHICAGO, Jan. 20.—Bravery shown by the firemen tonight saved & number of lives at a fire at 160 and 162 East Superior street. The blaze was in a six-story brick owned by the Zero Marx company, sign painters. It was partially destroyed, the damage belag $5,000 to the bullding and $65,000 to the contents. Michael Cummings, a fireman, fell from the fourth story, sustaining a broken leg and serlous burns. Several persons rescued by the firemen and police were painfully burned. The fire originated fn the basement, oc- cupled by the sign company, and spread 80 rapidly chat the persons on the upper floors were given but a slender chance for escape. On the second floor of the building were Miss Anna Wilson, a stenographer, and John Driscol and Nicholas 11g, employes of the Caldwell Novelty company. They made thelr way to the foot of the stairs, where their escape was cut off by flames. All three were overcome by smoke and must have perished but for the firemen who carried them through the fire. On the fourth floor Joseph Moeller and Charles Green, employes, and C. Husted, sealor partner in the Superfor Clgar com- pany, were caught by the fire. Green and Husted ran down the stairs, but were over- come while between the second and third floors. They were found and carried out by the police. Moeller made his way down a fire eacape, but was badly burned before he reached the ground. In the safe of e Western Match com- pany on the this floor was $10,000 worth of gold. When the employes ran for thelr lives the safe door was left open. It ls not thought, however, that the gold will be lost and the members of the firm dld not include it in their estimate of loss. DR. SMITH'S CHURCH BURNS People’'s House of Worship Paul is Destroyed, wit Pastor's Library. in St ST. PAUL, Minn., Jan. 20.—The large house of worship of People's church, the Independent Congregationallst soclety, of which Rev. Dr. 8. G. Smith Is pastor, was destroyed by fire this afternoon. Tho bullding contained an auditorium, with seating capacity of 2,300, kindergarten and other branches, besides smaller meeting rooms, and was situated on Pleasant avenue. The mansion of James J. Hill, on Summit avenue, is Just back of the church site, but was at no time in danger. Hard work by the fire department, however, was necessary to keep the flames from spreading to the Farrington apartment bullding and resi- donces pn the other side of the church. The church was built In 1858 and repre- sented an outlay of $105,000. The insurance was only $50,000. Dr. Smith's valuable pri- vate library was In his study and was con- sumed. FIREMEN BURIED IN RUINS Nine Men Are Caught by Falling Walls and One is Killed, ROCHESTER, N. Jan. 20.—A four- story brick bullding occupled by the Roche: ter Machine and Screw company, and the W. H. Hutchinson & Co., carriage trim- mings, and the Brighten Manufacturing company has been totally destroyed by fire, The loss is $30,000, practically covered by insurance. Nine firemen who were at work near the walls of the building when the roof suddenly fell in were buried under a mass of brick and iron and all badly in- jured. Lieutenant Willlam Bone died a few minutes after his rescue from the mass of wreckage. Two others were taken out in a critical condition and may dle. SAYS CHECKS ARE FORGERIES Banker Testifies that Name of Rice i Signed by Someone Elne, NEW YORK, Jan. 20.—Captaln James Baker agaln occupled the witness chalr at the trial of Lawyer Albert T. Patrick for the murder of Willlam Marsh Rice almost the entire two sessions of court belng taken up with his cross-examination. The cap- tain admitted that he had expressed no opinlon as to the genulneness of the signa- tures of various papers bearing Rice's name and which he now calls forgeries, until he had obtained the opinfon of handwriting experts. He furthermore admitted that Patrick, before his arrest, had told him he desired a full investigation of his relations with the aged millionaire. The witness, too, declined to swear pos- itively that Patrick was not present in Rice's apartments when the old man was litigation he was Involved in. The prosecu- tion has been endeavoring to prove that Patrick and Rice never met. When Mr, Osborne, for the people, offered the 1596 will in evidence as to the genuineness of the slgnature Mr. Moore, for the defense, ob- jected, declaring that the ruling of the court of appeals in the Molineux case was pertinent. After listening to Mr. Moore, who argued that the document was im- proper and Irrelevant as evidence, Recorder Goff sustained the objection. Norman Meldrum, a banker, testified that the signatures on the 365,000 and $25,000 checks were forgeries. The trial will go on tomorrow. HOLDS PRISONER FOR CHARGES Sheriff Wants His Money Before De- livering Darrah to Ger. ing Authorities, DELTA, Colo, Jan. 20.—(Special Tele- gram.)—W. J. Owens, a Nebraska detective and speclal agent of the B, & M., Is her with requisition papers from Governor Or. ! man for Albert Darrah, to take him back to Gering, Neb., to stand trial for grand larceny. There is & charge of $52 expenses against the prisoner, and Sheriff Hunt of Delta county demands that these charges be paid before he delivers the man to Do- tective Owens. Owens this moruing wired the governor concerning the matter. At- torney General Post has informed Sherift Hunt that he is entitled to the statutory | feo before delivering the prisoner. at one time making depositions relative to ! Forecast for Nebraska--Falr Thursday and Warmer In Western Portion; Cloudy and Snow In North and West Portions; Varla- ble Winds Temperature Deg. (/ fn Yesterdny: Hour. Den 11 12 i 1" 1 14 14 1 12 1 2 £ 4 5 o TO FORM A GIANT COAL TRUST Barons of Northwest Sald to BDe Per- fecting Extensive Merger Scheme, MINNEAPOLIS, Jan. 29.—The., Journal says today that a merger embracing prac- tieally the whole coal {rade of the north- weat, both anthracite and bituminous, bas been brought so near accomplishment that there 1s no question of its success It fs part of the plan that there shall he but one selling agency here and one in St Paul. This will put all the retail dealers now purchasing supplies from the large companies out of business. President €. E. Wales of tho Ploneer Fuel company will be gemeral northwestern manager of the consolidation. i The plan followed has been to consolidate | the anthracite and bituminous branches of the trade separately. This having been ac complished, the two are now to be brought | together. It is belleved that the combination of coal interests Is general and that in other large districts 1t will be handled from convenient centers, as will be done in the | northwest. Minneapolis Is to be the head | office in this sectlon. ONE DEAD AND FOUR DYING Workmen In Steel Plant Are Cov- ered by Flood of Molten Metal CHICAGO, Jan. 20.—In an accldent known a8 a “slip” at the plant of the Illinols Steel company at South Chicago early today, one man was killed and four others were 30 se- verely injured that they probably will dfe. The dead: MICHAEL OBRANSKI. The identified injured: John Polackow!ch, expected to die at any moment. Cold weather is thought to have heen the tmmediate cause of the accident. It is sup- posed that the molten fron at the top blast | furnace No. 10 became chilled and clogged | at the top. Then when the men opened the vent at | the bottom to draw off the metal the whole | mass fell down, covering the workmen from | head to foot with the white hot metal. | Polackowich became crazed with pain and, wrapped in a sheet of flame, ran screaming toward the lake. Ho was overtaken and | with the injured men was carried to the ! company's hospital MANY TO BE TRIED FOR BRIBERY More Indictments Anticipated in Con- otion with Louis Sub- urban Raflway Bl ST. LOUIS, Jan. Circuit Attorney Folk said today that in all probabllity more Indictments would be found and bench warrants {ssued against several other men | in connection with the Suburban bill brib- ery matter before night. It develops that Emil A. Meysenberg was not indicted on a charge of bribery, but on another charge growing out of that affair. The exact na- ture of the indictment agalnst him, the au- thorities say they are not ready to disclose. Aceording to Mr. Folk the $135,000 in bills locked up in two safe deposit boxes for bribery purposes in the Suburban bill af- fair cannot be claimed by anybody without the clalmant, by that act, showing himselt to be gullty of a felony. “The only way to dispose of that money," says the circult attorney, “is by act of the legislature. Personally, I think ft should be devoted to eleemosynary pur- poses."” THIRTY-THREE YEARS APART Sisters About to Be Reunited in Fa bury After a Long Search of the Country. | PUEBLO, Colo., Jan. 29.—(Special Tele- gram.)—After thirty-three years' separ tion, two sisters, Mrs. Leonia Beard and Mrs. Mollle Kirk, nieces of Senator Black- burn of Kentucky, will soon be reunited in Falrbury, Neb. The separation dates from the death of the mother of the girls, when Mrs. Kirk was a mere infant. They were adopted into different familles and when Mrs. Beard, the oldest, became old enough to make Inquiries concerning her sister and the aunt who had adopted her, they had gone, She began @ search, which continued twenty years without success, until she stumbled upon a clue that brought her to Pueblo. She found that her sister, Mre. Kirk, had been living here, but had re-: cently returned to Falrbury, Neb., and she started for that place, to experience a joy- tul reunion. FOR ST. LOUIS EXPOSITION Delegntion of Loulsiana Purchase Fair Pushers Arrives in Ohto, COLUMBUS, 0., Jan. 20.—The delegation of St. Louls business men who are look- ing after the interests of the Loulsiana | Purchase exposition reached Columbus shortly before noon and were given & warm reception at the Chittedden hotel. The members of the delegation at once pro- ceeded to the state house, where they were in consultation with the governor and executive committee on finance. Consid- erable interest is being manifested In the committee and its mission here. The pending bill to appropriate $200,000 for Ohlo exhibits at St. Louls is being very fa- vorably dscussed. Movements of ( n v At Genoa—Arriveds-Trave, York, At Queenstown—Arrived—Noordland, from Philadelphia, At the Lizard—Passed—La Savole, Havre. At Southumpton—Arrived—Philadelphia, from New York. At Havana—Arrived—Prinzess Vietoria Lulse, from New York, via San Juan, eto. At Lendon—Arrived—Monayune, = from eattle, Jan. 20, from New for Yokohama, etc Yincent=Arrived—Rlba, from Ta. ) hal—Arrived—Auguste Vietorla, | from New York, for Malaga, ete, (on Medi teranean crulse) At Liverpool York At Gibraltar—Balled—Fuerst Bismarck, from Alexandria, Genoa and Naples, for New York, At Now York--Safled—8t. Paul, for South- ampton; Vaderland, for Antwe, Arclved ~—Hohenzollern, from Genoa and Naplos, Salled—Cymric, for New | spirited CcOorYy FIVE CENT PART OF ACT INVALID Zection of Dingley Bill en Treatios Pre- aounsed Unconstitutional, ALLEGED DEFECT EXPLAINED BY CULLOM Tnterforence with Power of the President and the Senate. MERE EXPRESSION OF VIEW OF CONGRESS Useloss to Ratify Resiprooity Treaty Under Thie Provis'on, ONCURRENCE OF HOUSE UNNECESSARY ols Senator Defines Difference Between BIIl and Treaty un Power of House In Revenue Legislation, WASHINGTON, Jan, 20.—For an hour to- day the senate had under discussion the | uestion whether a consorship ot press dis- patches exists in turbulent sce enacted, Manile. While no such' nes as those of yesterday were the debate for a time was very The secretary of war was quoted e saying that no press censorship now ex- ists in the Philippines and a letter from General Greeley, chiof signal officer of the army, was presented by Mr. Beveridge of Indiana, making the statement oficially that there was no censorship of press dispatches and that “the press is entirely free." It was contended by the opposition that a | press censorship dia exist in the Philippines and that coples of every news dispatch filed with the cable company was filed with the military authoritles. That, it was main- tained, constituted a virtual censorship. Mr. Cullom, chairman of the committes on forelgn relations, delivered an extended and carefully prepared speech on the his- tory of the ciprocity negotiations, Wording of I'ro Mixed. The address dealt particularly with the constitutionality of that portion of the Dingley act which authorized the negotia- tlons of reciprocity treatios. He said that the wording of the provision was peculiar and mixed, but it scemed plain that all treatles negotiated must have been made and ratified within two years after the pas- sage of the act. Therefore, If that act is te control, it would bo useless to ratify the treaty. Senator Cullom continued: In my opinion the fourth section of the Dingley uct, 8o far as it attempts to con fer, limit or define the treaty-making power, is not only an interference with the powers of the president and sonute, but fs anconstitutional because it comes In con- flict with that clause of the constitution which says that the president “shall have power, by and with the advice and consent of t senate, to muke tieat " We do not, therefore, “derlve cur trenty-making POWErS from a'law of congres: of congress can, In any wiy limit those powers. The Dingley not lmit ihe time in which we shal ca 1 be allowed to make a treaty. Merely a View of Congress. Mr. Cullom contended that the tourth sec- tlon of the Dingley act should be taken @ mere expression of the view of the con- gress and that the president did not meed authority to make the treatles. Ho enterod into a long discussion of the proceedings of the constitutional convention relative to the treaty-making power and claimed that pre- cedents all showed such power was co ferred solely upon the president and senate, The reciprocity treaties concluded with Hawali, Mexico and Canada did not go into effect until congress acted, but these treaties contained express provislon that they could not become cffectlve without congressional action, Mr. Cullom discussed the provision of the constitution, de Ing that bills for raising revenue must originate in the house, and suld that it had not been definitely settled what was meant by “bills for ralsing rev- enue.” He added: Cites Supreme Court Decision, From the decislons and statements of Justices Storey, Miller and Harlan I can- not see how this clause could make it necessary to submit a reciprocity treaty to the house beforc it becomes effective. The lunguage of the clause Is that all blils for ralsing revenue shall = originate in the nouse, and not all bills affecting revenue, or in which revenue may Incidentally arise. A reciprocity treaty I8 not a bill. It is true that it reduces a duty which has been laid by law, but I maintain that the treaty- making power has authority to change a tariff law, the same as it has authority to change any other act of congress, and we have seen’ that it has been clearly held, from the decisions of Chief Justice Ma shall down to the present, that the presi- dent and senate, by treaty, can change or modify a law of congress, This question before us here has been he- fore the senate for 100 years, The exec: tive and the senute have tuken one posi tion and that s that a treaty Is the su- preme law of the land. That position has cen sustained by the supreme court. On the other hand, during all these 100 years the house of representatives has, as a rule, insisted that it should be considered fn ref- erence to certain duties. That does not re. lleve us, the senate, of the duty of stand ing for' our prerogatives and our right and insisting that the rights of the execu- tive shall be maintained Treaty Supreme Law of Land, A treaty made by the executive and rati- fied by the senaté Is the supreme law of the land, us well as an act of . 1t the congress is not e e treaty it _has i perfect right to repeal it, let tha consequences be what they may, But until such action 18 taken the treaty remains o part of our municipal law. At the conclusion of Mr. Cullom @ bill was passed providing $3,200 additional for the establishment of a lighthouse and fog signal station at Brown’s Point, on Commencement bay, Washington, Addressing the senate, Mr. Money sald ths senator from Massachusetts (Mr. Hoar) made a statement a fow days ago to the effect that the state: of Massachusetts had furnished more troops in the war of the revolution than all that sectlon south of what was known as Mason and Dixon's line. The figures had been taken, it was stated, from a report of General Knox, the first secreary of war. Reads Figures to Prove, Expressing his entire bellet that the Massachugetts senator would not present anything to the senate but facts, Mr. Money read from authoritics to show that the southern section of the country had fur- nished its full quota of troops, Virginia supplylog 66,722 and South Carolina 31,181, The latter state had furnished thirty-seven out of every forty-two cltizens capable of bearing arms, while Massachusetts had fur- nished thirty-two out of every forty-two, He read extensive extracts from historical authorities In maintenance of his position, Mr. Hoar explained that whatever he may have sald on the subject referred to by Mr. Money, he had no purpose of in- stituting a cowmparison between any sections of the country. He had stated in passing what he wished he had not stated—that in addition to the force of sallors furnished by Massachusetts, the state had supplied a greater number of land troops than all the states south of the Potomac. He sald he would be the last person in the world