Omaha Daily Bee Newspaper, February 11, 1902, Page 1

THE OMAHA DAILY BEE. ESTABLIFHED JU NE 19, 1871. OMAHA, TUESDAY MORNING, FEBRUARY 11, 1902-TE} FORCES BANK T0 RUIN Vios President Ties Up Over Millien Dellars of Depesita, PRACTICALLY WRECKS THE INSTITUTION Amount Defauited is Third of the Extire Depesits. STATE COMMISSIONER TAKES CHAReS Axnewnsement Exonerates the Direote Axny Biame DEFAULTER PLACED UNDER ARREST 1 Irregularitics and Reekiess n with Bank's Funds Are Assigned as Causeh of Disaster. DETROIT, Feb: 1¢.—Vice Pres!dent Frank C. Andrews of the City Savings bank, which has been in the hands of the State Banking Commissioner George L. Maltz since this morning, was arrested late this afternoon and arrigned at 9:30 o'clock tonight on the charge of wilfully, fraudulently and know- ingly securing from the bank without se- curity and without knowledge of the other directors, a sum exceeding $1,000,000. He was released on $10,000 bail and his exami- pation was set for February 21. Cashler Heary C, Andrews, through whom F. C. Andrews'is sald to have se- cured the monmey by means of overdrafts and certified checks, is 11l at his home with nervous prostration. In addition to a total indebtedness to the City Savings bank of $1,158,000, to secure ‘which Mr. Andrews h med over to the institution all bis real estate holdings and stock, bonds and other securities, which it is estimated will total about $1,000,000. Four local banks and a trust company hold his checks, certified to by Cashier Andrews, to the amount of $662,000. A considerable number of these checks are protected by securities deposited with them by Mr. An. drews, Allowed to Overdraw. As soon as Commissioner Maltz took charge of the bank he began an examina- tion of its books. It was found that Cashier Andrews had permitted F. C. An- drews to overdraw his account $914,000. Other llabilities brought F. C. .Andrew: total indebtedness to the bank up to §1,- 158,000 In addition to this' Cashier An- drews had certlfied to cbecks for F. C. An- drews which he had deposited in other banks to the amount of $662.000. At tl close of his examivation Commissioner Maltz tonight lesued the following state- ment of the bank’s condition at the close of loaus and discounts, and securities 33, q tween Cashier Andrews and F. C. Andrews is Jan) 11, but the examiners estimate that transactions have been gofng on for, about six weeks. President F. C. Pin- tified checks was obtained as follows: How Checks Are Certified. ¥, C. Andrews would draw a check for the amount he '.fllod and have it certified by “}h. cashier, Henry Hi would present ‘thie cert person with whom he was doing business Shd a8k him to ho'd It out for that day as the nk was not in funds to meet it. Perhaps ‘would thue hold it out for two or three days, and eventually, when there was money enough in the bank to meet the id in and take it out. a‘hl,r.; ‘would be o in the e slip of paper drawer and the withdrawal would be put down a cash item. With this mone he 'nu‘.d in person pay the cert check and tear it up. This was done time and again, The directors issued the following state- ments ip regard to the suspension: tice to ourselves. our depositors and Im ollfi'. &n undersigned directors of ty Savings bank make the following n Sati morning_we learned o iny fiat tiite that Henry® K. Andrews, Snjer of the bank. had allowed Frank e 10 overdtaw Hs tccount in the $900,000, -an 3 - Ot atderation, cortifed sad" Frank ¢, Shich ¢ s anding. The: bask - 2 inta the Kahds of the ‘and_ we, et ‘about BELIEVE GIRL WAS MURDERED Police Have No.Clue to Whereahonts of Man Supposed to Have Killed Her. SAN FRANCISCO, Feb. 10.—The mystery surrounding the murder of 16-year-old Nora Fuller, whose nude body was found on aged In an unoccupled house on Sutter streel, remains unsolved. result of the autopsy has made it practically certain that the girl was chloroformed and then strangled. Although she disappeared four weeks ago, when she met a man calling himselt John Bennett, in answer to an ad- _vertisement for a girl to care for a child, ‘e autopsy surgeon is positive that sl 5 % killed within the last ten days. Evi- ) that she was strangled is found In .t that there were abrasions on her " that a cord, small but strong + \ing spven feet In length, with & 3 one end, was found in the strands were blood stains. Two handk covered with blood were also found. «uimsy attempt had been made to burn de handkerchiets, but they were cnly partially destroyed. There is nothing to indicate that the girl and Bennett, who, under the name of C. B. Hawkins, s believed to have rented the house, lived there. Neither water nor gas bad been turned on, and the nelghbors heard no sound from the place. Ameong the few things found in the place was a large scrap of paper torn from the Denver Post of January 9. The man known as Ben- nett, or Hawkins, secured ‘the key to the house on the day before the paper left the press in Denver, and as he alone had ao- cess to the place, it was he alone who could have carried the scrap of paper there. A dispatch from Muncle, Ind., says. that three months ago there disippeared from that place Charles R. Hawkis bar- keeper, who is alleged to have taken away $3,600 belonging to Mrs. Sarah Willlams. The police of the country, it Is stated, have been requested to arrest him. His description answers that of C. B. Hawkins, or John Bennmett, who rented the Sutter street residence. The police, however, are without a positive clue to the supposed murderer's identity. An alibi has been established ®&r N. E. Serebrenk, whose card was found in the purse of the dead girl. It was ascer- talned that he sailed for China on the evening of the 1Sth' of January, several hours before the girl's disappearance. CHICAGO MAN GOES TO WEST c. tollet. D. Dunann of Great Western Ao cepts Advanced Position with Pa- cific Coast Compa: CHICAGO, Feb. 10.—Mr. €. D. Dupann, clty passaoger agent for the Great West- ern railway of this city, has been appointed general passenger agent of the Pacific Coast Steamship company, with headquar- ters at San Francisco. His appointment will take effect March 1. Mr. Dunann began life as a telegraph operator and ticket agent on the Baltimore & Ohio, at Deflance, O., in 1873, remal with that company until 1876, whed he promoted to_the general-office of that eom- pany in Chicago. He resigned in March, |, 1876, to ‘accept n positien- the American Telegraph Wayne, Ind., resigning from that co1- pany to accept service with the Penosyl- vania in September, 1876, where promotiotis followed through the train dispatchers’ office to that of secretary to C. E. Gor- ham, then general manager of the Penn- sylvania company in Chicago, where he re- mained from 1878 to 1881, when he was appointed assistant city ticket agent for that company at Chicago. On December 1, 1882, he was appointed city ticket agest for tho Nickel Plate at Chicago, when that road was opened for trafiic, remaining in. that position until March, 1883, when he wi appointed assistant superintendent of the western division of that company,-which position he beld until July 15, 1886, when he engaged with the Wisconsin Central as ticket agent at the opening of that road out of Chicago. He resigned that position August 1, 1887, to accept the position of city pas- senger and ticket agent in Chicago od 1 opening of the Chicago Great Western r way (then the Minnesota & Northwestern rallroad), in whose service he has re- mained. Lake Shore's New Superinte t. CLEVELAND, O., Feb. 10~W, H. Mar- shall has been appointed general superin- tendent of the Lake Shore road, to auccesd A. H. Smith, who was recently appointed general superintendent of the New York Central lines. Mr. Marshall has filled the | position of superintendent of motive power of the Lake Shore for & number of years ® | past. the bank was never in A better co!ldulun‘ i’g‘é R M'GRAW. W.T. MGRAW, for thé funds of the county auditors, their moen on a complaint sworn out by Auditor warrant was served on Andrews, who is company, where he had been in consul The City Savings bank was also the de- Jocal banks will temporarily advance funds At & meeting of the clearing house asso- Result of Crimi Co the City ndebtedness and checks C, PINGREE. WARD L. ANDRUS. SCHULTE, BORN! Detectives Serve Warrant, The City Savings bank was the depository balances there belng more than $150,000, and F. C. Andrews was arrested this after- Christian, after & long conference between the auditors and Prosecutor Hunt. The commissioner of police, by two of his de- tectives in the office of the Detroit Trust tion with the officers of the banks holding his certified checks, pository for the Board of Education, which had a total of $467,000 on deposit. Other to the Board of Education for salaries ®and runniag expenses. clation this afterncon the following state- ment was lssued: uduct The dlasster has betallen 18 result of inal ir- Popiliniies sontned Shtirely ic That in Other Banks Not Affected. There was nothing like & panic at any of the other banks in the city and com- paratively few deposits were withdrawn as @ result of the it At the Gratiot Avenue branch of the City Bavings bank, which drew its deposits (Continyed on Fourth Page) FAITH IN UNITED STATES General Go Wil ¥ s Government SANTIAGO, Cuba, Feb, 10.—General San- tiago Gomez arrived here today on bis way to San Domin He was given a great demonstration. A large crowd was sembled with bands. The police and the firemen_also turned out to welcome hi General Gomez was averse to discussing the political situation. He sald, however, he belleved the United States would fulfil thelr pledges to establish a stable ' gov- ernment in Cuba. This he considered im- possible without close commercial relations between the two countries. He belleves a close commereclal treaty will be meces- sary. He felt that a reduction of 50 per cent on Cuban sugar end tobacco imported into the United States would be granted. He also declared that the people would ap- precis even a smaller reduction on th products. FAMOUS WITNESS IS DEAD Kansan Whose Tes! ny Was Killed by Lincoln's Shrewdness Dies from Fall, TOPEKA, Kan., Feb. 10.—Joseph A. Doug- las was killed last night at his home in Lindon by falling from a load of corn. Mr. Douglas was the witness in the bis- torical Armstrong murder trial in Illinols when Willlam Armstrong was cleared by Abraham Lincoln. Douglas swore at ‘the trial that he saw young Armstrong strike the fatal blow, sayiug that the moon was very bright at the time. Mr. Lincoln then produced an old almanac as his only wit ness, from which he proved that there was no moon on the night in question. wi Birthday. NEW YORK. Feb. 10— 's birth- y will be observed In the dls- All the banks, trust companies, ex- s and similar institutions will be , as well as the government offices. Gets Into Fast Company. SPOKANE, Wash., Feb. ~W, B o P e lesgue club. Observ. SON HAS DOUBLE PNEUMONIA President’s Bey in Serions Condition, with Little Obange. CRISIS EXPECTED TODAY OR TOMORROW Temperature Rises, While Respiration The condition of Theodore Roosevelt, ir., at this hour is apparently very serious, for lights can be seen in the infirmary and nurses and doctors are moving aroun: For the last half hour the voice of the boy calling for water could -be heard on the street. Nothing could be obtained from the house, but it is believed the patient is de- lirlous. GROTON, Mass., Feb. 11.—3:30 a. m. The excitement in the infirmary has subsided and it is understood that the patient is resting easy. An hour complained of diffculty in breathing and the pain caused some delirjum. At this hour it is stated that the patient is mo worse than earlier in the night. GROTON, Mass., Feb. 10.—Theodore Roosevelt, jr., the oldest son of President Roosevelt, has double pneumonia. Other- wise his condition is unchanged tonight. The boy is seriously sick, but it is too early to say what the chances are for his recovery. This was the statement issued by George B. Cortelyou, secretary to the president, at 9 p. m., and was made after a careful examination by Dr. Lambert, the Roose- velt family physiclan, who arrived from Neéw York at 6 p. m. President and Mrs. Roosevelt spent o long, anxious day in the nfirmary, awaiting the crisls of the disease, which this morn- ing appeared to have taken such a strong hold of their son. The change for the worse in the boy's condition occurred dur- ing the night and showed itself when the regular morning examination was made by Dr. Shattuck and Dr. Warren. Secretary Cortelyou, who is the only means of com- munication with the sickroom, made the announcement this morning of the pa- tlent's serious condition, although he sald then it was not alarming. Temperature fs Higher. “His temperature is higher,” d Mr. Cortelyou, “‘and his respiration is weaker than yesterday, but his pulse is better.” He also sald there was no immediate change, only the natural progress of the disease, He announced that the disease had spread and involved both lungs. This sudden and unfavorable turn warned ‘the president tbat the most skillful medical treatment was necessary, and . tonight he called to the ald of Drs. Shattuck and War- ren his family physician, Dr. Alex Lam- bert of New York, an eminent practitioner and » man well acquainted with the boys® physique. The decision to call for Dr. ¥ yet been - turn of President Roosevelt to Wishington. He can remain in Groton for ten days at least; 80 far as the pressure of business fs concerned. It seems probable that it will be a week before he leaves. Every facility has been given him with regard to com- munication with Washington. A special telephone 1ine has been run from the resl dence of Dr. Gardner direct to the White House for the president's private use. All the presidential mall comes to Groton by way of Worcester and Ayer. It was learned today that another student of the school, Jobn E. Thayer, ir., of Lan- caster, {s {ll with pneumonia at his home. The other two boys, Howard E. Potter of New York and Willlam mell of Provi- dence, who are ill in the school building with the same disease, were reported slightly improved this morning. Bdy Calls for His Father. Young Theodore ked for his father 1y in the day and seemed anxious that he should remain with him. A speclal mes- senger arrived from Washington at.10:30, bringing documents requiring the presi- dent’s attention. During the day frequent word was re- ceived from the sick room through Mr. Cortelyou that everything showed the boy's condition was unchanged, although at night, Mr. Cortelyou sald he had a hard day. Dr. Lambert was met at the station by Dr. Peabody, the principal of the school, and driven to the infirmary. After a brief consultation with Drs. Shattuck and War- ren he proceeded to the sick room and made his examination of the boy. The party then went to Mr. Gardner's house for dinner, and there the result of the doctor's examination was made koown. It confirmed the diagnosis made by Drs. Shat- tuck and Warren, and Dr, Lambert readily agreed with them that the boy's condition was serious. President Spends Anxious Day. The president remained in or near the in- firmary all day, walking over to the Gard- ner house for lunch shortly after 1 o'clock, and a little later-taking a brisk walk about the school grounds. He did not leave the infirmary again until he went to dinmer. Mrs. Roosevelt remained indoors all day. During the day the telephone and tel graph wires to the White House were kept busy, it was thus possible for the presi- dent to transact considerable business of & pressing pature. Young Roosevelt was taken i1l last Thurs- day, so that tonight he entered upon his fifth day. The crisis is expected tomorrow or Wednesday. All reports from the sick room show that the patient keeps up his strength and that be takes some nourish- ment. The bulletin lesued. from the sick room at 11 p. m. stated that the patlent's con- dition was unchanged. The patient spent the entire evening in the infirmary. The condition of young Potter and Gammel was sald to be much improved tonight. SOLDIERS HANGED AT MANILA Men Who Deserted Ameriedn Army for Insurgent Band §; ny MANILA, Feb. 10.—Bdmuad A. Dubose and Lewls Russell, deserters from Com- pany B, Ninth cavalry, and who stole arms belonging to the regiment and joined the {nsurgents in August last, for which they were tried and sentenced by a military court were hanged today,at Guinoban, in the presence of 3,000 people. - The executl was orderly. It w pervised by Captain Heary H. Wright of the Ninth cavalry, com- wanding the post. Several native petitions were received urging clemency, but the authorities falled to see any reason to delay the execution, the men commiiting & fagrast breach of the military code in the- time of war PAGES. SINGLE ——--.————————_ | COPY FIVE CENTS. PATRICK'S COUNSEL ON STAND Tells of Secrets Which Accused Re- posed Him After Death of Rice. NEW YORK, Feb. 10.~THe trial of Albert T. Patrick, charged with the death of Winl- lam M. Rice, was resumed y after a lapee of six days, owing to the fllness of a Juror. The most interesting part of the trial today was the move of the Blate in plac- ing in the witness box John K. Potts, a law- yer and banker and at one time at least » friend of the accused. M. Potts sald among other things that Patrick, a few days before his arrest, but after Mr. Rice's death, had retained him @8 counsel and that the tie had not severed. Mr. House, of counsel fof defense, ob- Jected strongly to the testimony being ac- cepted by the court om the ground that Mr. Potts conversations with Patrick were privileged. The court, however, allowed Mr. Potts to testity to matters prior to Patrick's arrest. The witness sald he had kmown Patrick since 1870, becoming intimate with him in 1890 He had never seen Mr. Riee In Patrick's office, though the latter was in the kame suite as his (Potts’) office. Patrick had told him a ¥ich client had died and made him residuary legatee. Pat- rick had also shown him many of the docu- ments now In dispute among the “Patrick” will, and he had told Patdek he dld not think the will would hold. ‘Patrick replied: “That's all right; the estate is practi- cally mine.” ¥ Mr. Potts also advised Patrick not to fill out and use the blamk ehecks purported to have been given him by Mr. Rice and Patrick replied that he would use the money as Mr. Rice had Intended that it should be used. Patriek had told witness that Rice had named him a8 regiduary leg- atee because of his personal regard for him. He also told witness the day before Rice dfed that he %ad mot seem him for a week. Then Potts swore that the day after the death Patrick hrought him a check for $25,000 pud ashed him to get it certified. This Le had done, as he had done with other checks. The defense confined Itself to asking Potts if Patrick had told him he was to recelve the estate as trustee, and the answer was that he had. John T. Potter, the undertaker who em- balmed Rice's body, was called and testi- fled that he gave a sample of the fluid to Protessor Witthaus for analysis. Andrew T. Ralph, as real estate dealer at Houston, Tex., identified some letters written by Mr. Rice, one of which by its postmark showed that It was mailed after Rice’s death. He sald he had had busin relations with Mr. Rice for about six years and mever heard of Patrick in connectien ‘with any of Rice's affairs. At this point the court was adjourned until tomorrow. REACH . SOME REAL RESULTS Presbyterian Revisionists Make Clear Position on Eleet, Infant Other Insues. = ereed. of the Presbyterian church, now sitting in this city, disposed of eonsidera. ble work today, it coming to a definite de- eision on several vital points in the com- fession of faith. The work done s best summed up in the officia] statement given out by Dr. Willlam H. Roberts of this city, the stated clerk of the general assembly and the eecretary of the committee. It is this The work of the committe so far as com- pleted provides a declaratory statement for Chapter iif of the confession ation, R on élect infants The secretary, Dr. Willlam H. Roberts, repeats his statement that the American Prsbyterian church does not teach that any dying in infancy are lost. The committee further has agreed to re- vision of the text of the confession in_the matter of good works—Chapter xvi, Sec- dan 7, of Its being a sin to refuse an oath; Chapter xxi, Section 5. and also to the pope ing & man of sin, Chapter xxv, Section 6. It also adds to the confession ‘two chap- ters, one on the Holy Spirit and the other on the rospel. In explanation of the second paragraph of the foregoing statement regarding Dr. Rob- erts’ reiteration that the American Presby- terian church does not teach that any dy- ing in infancy are lost, he eaid that he had first made a statement to that effect last week and that since then he has received many communicatipns from clergymen, re- ligious newspaper editors and others as to whether he had been correctly quoted. He || said he had solicited the individual opinion of each member of the committee and that they were all of the opinion as he stated it. The committee steadfastly refuses to | give out the text of anything it has finally passed upon. It made exception to that pertaining to Chapter xvi, Sectlon 7, on “good works.” This section is as follows: | Works done by unregenerate men, ai- though for the manner of them they may be things which God commands and of £00d views both to themselves and others, yet, because they proceed not from a heart purified by faith, nor are done in a right manner, aecording to the word, nor to a right end, the §lory of God, they are there- fore sinfil and displeasing unto’ God. This section was revised by striking out the words “are therefore sinful and." The committee did not pretend to reviss the confessional, but wanted to confine it- self to preparing a declaratory statement of the faith. It was found after ap ex- haustive discussion of the matter, however, that to prepare a declaratory statement that would iutelligently. explain the points in- volved would be a difficult task, and the members finally agreed that a revision ot the chapters under consideration would be preferable. MAN SUES RAILROAD COMPANY Asks Damages for Injuries Sustained While Coupling Cars at Earih . FORT DODGE, Ia., Feb. 10.—(Special Tel- egram.)—Sult for $20,000 damages was filed here today by A. W. Becket, against the Chicags, Rock Island & Pacific Rallroad company. The suit is to recover damages for injuries sustained by Becket on Sep- tember 16, 1901, at Earlham. His arm was caught and crusbed between buffer irons, while he was engaged in coupling. Becket claims defective couplings as the cause of the accident. NEW POSITION FOR L. ). GAGE Presidency of Usited States Trust Company Said to Be OF- fered Him, NEW YORK, Feb. 10.~It was reported with authority in financial circles here to- day that the presidency of the United States Trust compauny of this city had been offered to Lyman J. Gage, former Secretary ‘-:‘ the treasury, and that he would ncoytl ARGUES FOR THE DAIRYMEN Shallenberger Gives His Views Ooncerning Oleomargarine. CLARENCE L. THURSTON MAY RESIGN Possible Opportunity for Another Ne- braskan to Secure Post—Miss Daisy Doane to S on Transport. 1 for Man! (From a Staft Correspondent.) WASHINGTON, Feb. 10.—(Special Tel- egram.)—Representative Shallenberger of the Fifth Nebraska district made his malden speech today and was accorded re- spectful attention. He relled upon some of his colleagues to secure time for him, but they were absent from the house when Shallenberger saw an opportunity to de- liver his views on the dairy interests of bis district. By close manipulation, how- ever, and borrowing time ' from other spea be was given twenty minutes to talk about oleomargarine. He sald the cattle interests in the west were rapidly changing from range to farm, and that the farmer instead of the ranch- man was the person to be consigered at this time. *“The farmer realizes upon milk and butter from his herds, as well as from the beef,” said Mr. Shallenberger, “while the cattle grower realizes alone upon the beet sold.” He made the assertion that of the leAding cattle-ralsing states of the union, nine to- day were devoting their energies primarily to the milk and butter industry, while the beef industry was of secondary importance. Bills of Nebraska Semators. Senator Dietrich, In the absence of his colleague, introduced for Senator Millard several bills that will be of interest to Nebraskans. One was amendatory to a former act granting the right to the Omaha Northern Rallway company to construct a rallway across and erect stations in the Omaba and Winnebago reservation in Thurston county and extending the time for such building until 1906. Another bill which Senator Dietrich in- troduced for his colleague appropriates $2,390, with interest from 1877, to A. H. Reynold resident of, Questa, Toos county, M., who formerly lived in Sidney, Neb. Reynolds was in the banking business in Sldney in 1877, and during that year he cashed two Indian vouchers issued to D. J. McCann, government contractor, on ac- count of supplies furnished by him to the government, as shown by the receipt of Lieutenant C. A. Johnson, then.acting In- dian agent at Red Cloud, Neb. When these vouchers were presented, payment was re- fused on the ground that McCann was a defaulter on other contracts, and instead of paying Reynolds for. the amount involved, the government applied the amount to Me- Cann’s indebtedness, which brought about Reynold’s fallure. He now asks to be recompensed for the amount he advanced on these vouchers, jwith interest at 6 per cent. To Sell Part of Niobrara. Senator Millard, through his colleague, also introduced a bill authorizing the sale of part of the Fort Niobrara military reser- vatiof in Nebraska. Representatives Burkett of Nebraska and Fowler of New Jersey left today for Lin- coln to attend.the annual banquet of the Young Men's Republican club on the an- niversary of Lincoln’s birthday. Congressman Hull of the Des Mofnes dis- Towa, greatly improved He says that while he expects a contest for renemination, he has no fears as to the outcome. Captain C. L. Watrous of Des Moines md Hon. Silas Wilson of Atlantic, la., who have been In Washington for several days, left today for Towa, Miss Doane to Sail on Transport. Senator Millard has secured permission for Miss Daisy Doane of Omaha to travel on.one of the army transports from San Francisco to Manila, it being Miss Doane's intention to join her brother, Lieutenant W. H. Doane of the regular army, in the Philippines. Senator Gamble presented a delegation of | Rosebud Indians to the secretary of the interior today, and cxplained their pres- ence here. The Indians are anxious to se- cure a ttlement of the amount due the | Sioux nation under the treaty of 1889, which involves about $4,600,000. It is thought the department will be able to make a definite report goon as to the amount due the Rosebuds. A warrant was granted by the auditor for the Interior department in favor of E. C. Dudley for $4,000, closing up the con- tract Mr. Dudley had with the government for putting in a water system at the Canton insane asylum, South Dakota. Senator Gamble's bill to provide for the purchase of a site and the erection of a public building at Deadwood, carrying an | appropriation of $200,000, was reported favorably today from the committee on | public buildings and grounds, Ol 'ence Thurston May Resign. Clarence L. Thurston, son of ex-Senator Thurston, who for the past year has been secretary of legatfon at Buenos Ayres, has been granted leave of absence by the State department to return home, and it {s thought he will resign from the diplo- matic service to take up the study of law with his father In this city. This may glve some Nebraskan an opportunity to break into diplomacy and acquire a knowl- edge of our southern neighbors. Representatives Mercer of Nebraska and Cousins of Iowa will leave tomorrow morn- ing for Grand Raplds, Mich. They go by special car to attend the banquet of the Lincoln Republican club Wednesday night. | The party was arranged by Congressman William' Alden Smith of Michigan. Min- ister Wu and his secretary also are going. Department Notes. An additional rural free delivery route will be established at Sutton, Clay county, Nebraska, April 1, ‘with Willlam E. Bemis as carrier. The route embraces thirty-one square miles, containing a population of 450, The application of John W. Harper, Cur- tisDesslg, Charles Callaban, Andrew K. Greenlee, L. W. Scanlon and others to or- ganize (he First National bauk of Sidoey, Neb., with $25,000 capital, has been ap. proved by the comptroller of currency. The receipts of the postofice at Omaha for January were $40,269, compared with $36,223 for the same month last year, an increase of $4,036. At Des Moines the fecelpts were $37,630 #nd $31,525, respectively, increase of $5,814. Postmasters Appointed: lowa—Savannah, Devis county, W. F. Pirtle. South Dakota—Republican, county, Oscar Olson. Viarry B. Noland of Des Moines, Daniel 4. Reynolds of Atlantic, William Morris of Cedar Falls, Ia., Warren D. Lane and Johan Minnebaha (Continued on Fourth l;-ul CONDITION OF THE WEATHER Forecast for Nebraska—Snow Tuesday, with Rising Temperature in East Por- tion; Wednesday Fair and Colder; South Winds, Becoming Northwesterly. Temperature nt Omaha Yesterday: our. Deg. Des. (From a Staff Correspondent.) LINCOLN, Feb. 10.—(Speclal Telegramd —Chief Justice Sullivan has issued an in- junction against thesreceiver and legal rep- resentatives of the defunct German Savings bank of Omaba, restraining them from em- forcing, or attempting to enforce, a decree of the Douglas county district court ap- proving a compromise made by the recelver with certain stockholders. This restraint shall exist until the su- preme court can investigate. The case has already been appeale The injunction was issued on the appli- cation of Grant S. Cobb, one of the de- positors and creditors of the institution. FRANK JAMES MAKES PROTEST Enters Injunctio; atrical Com; His Name. KANSAS CITY, Feb. 10.—Frank James today made application for an injunction against the management of a play called “The James Boys in Missourl,” in which the members of Frank James' family are represented as being traln robbers, bank looters and outlaws of the worst charac- ter. The suit was brought, Mr. James says, because the play glorifies outlawry, makes heroes of outlaws and is injurious to the youth of the country, and besides, he says, it revives a reputation that came to him in early life which he has been trying to live down for twenty years. The suit raises the question as to whether or not a private citizen can be portrayed on the stage without his consent, whether it be to his credit or discredit. The at- torneys argued the case late this afternoon and the court's decision will be rendered tomorrow. The play was presented as usual this afternoon and tonight. CANAL PROMOTER GOES EAST Friti Jaegzi Leaves for New York in Interest of Loup River Diteh. COLUMBUS, Neb., Feb. 10.—(Special Telegram.)—Fritz Jaeggl, the capitalist who has been here several months promot- ing the Loup river power canal project, leaves Omaha ‘today for his home in BwitzefIAB, beIng aceompanied (o New York by H. B. Babcock, president of the sirrigation company, their mission being to contract. fer the financing of the power part of the enterprise. The $70,000 mort- gage indebtedness of the company has been pald off and all indications are favorable for the early completion of the power pro- fect. SMALLPOX ON THE DECLINE Two Thousand Six Hundred Cases Now Givem as Total in Tinois. SPRINGFIELD, 111, Feb. 10.—The State Board of Health today gave out a state- ment that from reports: recelved by Secre- tary Egans from all over the state, small- pox now exists in fifty-seven counties, with an aggregate of 2,600 cases, a de- crease of 1,000 cases since the last report made to the board on January 1. Secre- tary Bgans states that in towns, town- ships and coupties where a strict quar- antine is observed, and where a vaccina- tioh proclamation has been lssued and held to, the disease has practically disappeared. SWITCHMEN OUT ON STRIKE Fifteen Men Quit Work and Tie-Up Threatens to Become General. MISSOULA, Mont, Feb. 10.—Fifteen Northern Pacific switchmen today went on strike, and the trouble threatens to be- come general. The men refused to use a road engine for a switch engine. Super- intendent Russell, it fs said, promised to meet the men and adjust their grievances, but falled to put In an appearance at the time stipulated, and the switchmen walked out. Tonight it is rumored that non- union men are coming from Helena to take the places of the strikers and there is much excitement. LEMON EXTRACT KILLS' CHIEF 4 Proves Toe Much Prominent Ute ellor. SALT LAKE CITY, Feb, 10.—A special to the Telegraph from Richfield, Utah, says: “Big John," one of the best known In- dlans in south central Utah and prominent in the counclls of the Utes, is dead as a result of drinking 8 bottle of lemon extract, which he took for a cold. Indians from the whole surrounding country are gathering at Richfield and preparations are being made to give John a funeral with al] the tribal ceremonies. CATTLE STARVE IN COLORADO Thousands of Head A Want of Feed and Water. Feril for DENVER, Feb. 10.—Humane Agent H. B, Kerr bas left for & tour of the southeast- ern countles to ipvestigate the reports about starving cattle. In Baca county thousands of cattle on the ranges are said to be dying from starvation and exposure. The cause of the mortality is due to a scar- d the freeziug of the wa Movements of Ocesn Vessels, Feb. 10. At New York—Arrived: trom Havre; trom London. At Havre- ritsle City, from 8an Francisco via Pernambuco. At Tenneriff-8alled: Neko, from Ham- burg, for San Francisco via Guayaquil. At~ Antwer) led: Berapls, for Francisco. At Liverpool—Arrived: Umbrla, from New York. At Glasgow—Arrived: BSardinian, from Boston. La Gascogne, IFIGHT ON TAX LEVY Argument on Motion to Disselve Injunction Btill in Progress. CORPORATION BOOKS NOT YET CALLED FOR ge Dickinsen Nolds Them Net Neosssary at Present Junoture. SUBPOENAS FOR OFFICERS HELD GOOD . Oourt Declines to Quash Order Requiring Representatives to Tostify. Seha o QONTENTION OF ATTORNEYS ON CA! GCennell for City and Mclntosh for Complainants Debate Motlon to Dinsolve Without Matter Reach- ing Point of Submissl: Olty Attorney W. J. Connell has com- pleted his argunient on his motion to va Judge Dickinson's temporary injunction of- der restraining the council from passing the ordinance levying the 1002 assessment as proposed. Attorney J. H. Melntosh, who represents W. G. Shriver and George Mor- ton, in whose names the order was secured, has. partially completed his reply to the city attorney, but when court adjourned yesterday afternoon had still some prece- dents to cite, and the tinued until 9:30 this mornin pect of its reaching a conclusion early. The motion of the attorney for the rallway company to quash the subjocnas served ou officials of the five frarchised corporations of Omaha was disposed of shortly after 8 o'clock yesterday afternoon when the court sustained the motion inso- far as it applies to the officers being re- quired to produce the books and records of their companies in court, but overruled it in its avolication to the officers them- selves having to appear. Basis of the Deciston. Judge Dickinson in taking this action stated that the court's only jurlsdiction in the matter before it was to decide whether the council had proceeded properly in the matter of the complaints of Shriver and others; not whether the assessments of the corporations in controversy had been falr and sufcient, and that, this belng true, the production of the records showipg the financial affairs of the corporatidns would be without excuse. When this decision had beep announced Attorney McIntosh had E. M. Morsman, secretary and treasurer of the Nebraska Telephone company, called to the stand: ‘The latter, answering questions, testified that he had known from the papers that members of the real estate exchange bad filed complaints against the corporation as- sessments, but that he had not actively in- terested himself in the debate: How the Council Proceeded. City Attorney Connell had Councilman D. J. Mount of the Seventh ward called. The latter testified that Ne been present al the Board of Bqualizatioh meeting when representatives of the rea} éstate exchange and the corporations were each allowed thirty minutes hearing in debate on tke complaints. “And were you present at the Monday meeting when Councilman Hascall pre sented his motion finally disposing of the complaints?" ked the city attorney. “Yes." “Was it not In writing, and was it not discussed 2" ““You may explain the circumstances. “In disposing of such motlons it Is the rule that no one be allowed to discuss the question after roll call has begun, yet Coun- climan Lobeck tried then to demand the advice of the city attorney, and delayed two minutes while the chair was calling on him to vote. There was nothing to pre. vent his voting.” ““How about Councilman Zimman's vot- ing?” “The clrcumstances were the same, prac- tically.” Street Raflway Company Called. Attorney McIntosh had Jobn L. Webster of the street rallway company on the stand next. In an effort to prove that it was distinctly the Real Estate exchange as a whole, and not Morton or Shriver, who was given attention by the board at the Friday meeting. He asked: “Did you appear at the meeting referred to by these other witnesses?" “Yes, upon the notice received by the street rallway company.” “What was sald with reference to taking up complaints “It was announced in a general way that such was to be done. 1 do not remember the exact words." “What oceurred ment " “Councilman Hascall made & motion that the complainante and the corporations should each have an hour and & halt. This was modified to the end that the complain- ants need occupy but balf .an hour, and then the corporations halt an hour, but con- tinuing alternately until the full time was consumed.” “You don't claim to be quoting the exact worde asked Attorney Molntosh. “No. Wi Hasc Referred To. “Now, didn't Hascall say that the ex- change and the corporations should have the half hours?”’ “Sometimes the reference was to the ex- change, sometimes to the Commercial eclub and sometimes merely to the complain- after the announce- You understood this, then, to be be- tween the Real Estate exchange and Com- mercial club and the corporations?” “I understood those firet two to be at the head of it all. In the preparations for the reference to the complainants merely to those on that side of the from among whom, were to be chosen, by the men llemlal)fi. those who should speak for them.” “Didn’t F. D. Wead (the chafrman of the exchange's tax committes) do the desig- pating? don't know. 1 only remember that someone on that side made announcement that so-and-so would be the next speaker." “Well, Mr. Webster, didn’t you, in the course of your remarks, take occasion to say that no sufficient complaints had been flled?” “No. 1 emphasized that evidence must be produced to suppert any that were filed.” A five-minute recess was taken, which gave James Creighton opportunity to ralse his familiar volce 1u the court room loud enough for all to hear his euggestion that the city and the corporations seemed to be entering ioto & “bappy family arrange- ment.” City Attorney’s Argument. The city attorney made the Srst of the