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| r ESTABL]EH ILD JL FOR PEACE IN ORIENT Great Britain aad Japan Form s Mutual Protective Allisnos. SEEK TO PRESERVE CHINA AND KOREA Desire tlu[flty sod Independenes of Em- pire Re Maintained PLEDGED TO NEUTRALITY IN, Compact is & Btartling Buprise of Englard. 'PRESS GENERALLY GIVES APPROVAL Agreement Which is to for Five Years is Outgrowth interrupted Comm ations of Two Years. LONDON, Feb. 11.—An important par- Jlamentary paper was issued tonight glv- ing detalls of a practical alliance between Great Britain and’ Japan foi the preserva- ton of China and Korea. The information covers & dispatch sent by Lord Lansdowne to the British minister at Toklo, Sir Claude MeDonald, and comprises a signed copy of the agreement. In explanation the paper says the agreement may be regarded as an outcome of the events of the past two years. Throughout the Boxer troubles Great Britain and Japan have been ln close and uninterrupted communication and ac- tuated by similar views. + *“We each desire,” says Lord Lansdowne, *that the integrity end independence of the Chinese empire should be preserved and that there should be no disturbance of the territorial status quo, either in China or the adjoining regions.” The discovery that their far eastern pol- fcles were identical resulted in each party ‘h the agreement expressing its desire that their common policy find expression in an international contract of binding validity. Neérely & Measure of Precaution. Lerd me further says that the British goversment was largely influenced the conviction that it containg no pro- ? entering upon this important contract y yisions that can be considered : um- Bive or self-seeking. He says it s con- ‘cluded merely as a measure of precaution and that it {b no way threatens the present iposition of legitimate interests of other powers. His majesty's government trus! that the agreement will be of advantage to the two countries and should peace un- fortunately be broken it will have the effect of restrioting the area of hostilities. The followjng are the terms of the agree- ment signed in London January 30: 3 The ot Great Britain and n in the tegr! w-or. or aribing th Siner ot the ‘son !muouon of the ts subects. Pledged to Neutrality. ng [Ves ‘and property Arucll 2. If elther Great Britain or Ja- ive interests me {nvolved the other maintain _strict revent ostili- her nother er, v lllm wi its efforts to lolnlnl in the ers should join in humllle- ally, ‘the other contracting to its s ang Wi agreement with l contractis them will, , enter into se another l Illndhtll)’. Jenouncee it {;l!fl.'hnmdmu o E mfl. wprise to Populace. LONDON, KFeb. 12—Referring editorially to the British-Japanese elliance, the morn- ing papers, to whom the agreement comes ®8 a starthing surprise, ask many pertinent questions concerning it. ¢ ] L 1 £ i % in wp ‘whether the vislt of Prin 3 i i 1 £ ce are matters of speculation. the government will mak further delay In elucldating the situa L i ? £ alliance of exceedingl: iz H | £ i+ sig approval, but with e i mm Lord Salisbury may be con- We fatter ourselves in the eveat of bas been ach'eved ' above event any other common and will make parties agree Without “Con- parate ar- power to the ve described, , in_the opinfon of ta% or Japan the above &ll 'III munlnll with ment in be. hlndlnl for Xpl- the elther ually nnm-d in war, Ipso facto, continue uded. These ministers so well kept the secret 'that the paper issued after Parliament had ‘adjourned for the night announcing the first important alllance between a western sad & yellow, br Oriental nation, comes as & startling surprise, and although the idea ot an nlllqlu with Japan is ltkely to meet pproval, the outcome of this sen- pn-n departure will be recelved with v'l’nn Dally News maguificent isolation bas come to th @ pretty suddcn shock. Whether ity Is ludicative of an anti-British far east, whether it marks of the Anglo-American I8 an answer to the new is fraught with the gravest says the agreement con- says the Standard, will be received here im- yaeht wlm whic! ‘Thomas, Danish West Indles, Sat- here today. Up — THE OMAHA DAILY ‘BEE. NF ]l) 1871. OMAHA, WEDNESDAY MOR G, FEBRUARY 1902—-TEN PAGES. 2 = SINGLE COP Y FIVE CENTS. MAN KILLED IiSTREEI FIGHT e imant of Lake Shore Property Shot in Battle with Con- ntx, te CHICAGO, Feb., 11.—Durlnog & fight with rifies this evening between the followers of rival claimants to property lying along the lake ehore drive, the most aristocratic boulevard in Chicago, Frank Kirk, a watch- man for one of the claimants, was shot through the head, sustaining a wound from | which he died in a short while. The ‘property in dispute conslsts of land Iying east of the shore drife and between it and Lake Michigan. Captaln George W. Streeter who has for many years been a thorn In the side of North Side property ners, because of his propensity to settle vacant ground and then claim in the i the rights of a equatter, has erected 11 shanties upon this ground and inasmuch as it was not origi- 70 Jluded In the government surveys of thé“State of Iillnois It does not belong to the state, but was public property open to settiement. He claims to be the first settler and calls the ground “the district of Lake Michigan” and denles that the officials of the city of Chicago or the sta of Illinols have any rights upon it. Between Streeter and his men and the watchmen employed Ly the property owners along the lake shore drive there have been frequent fights. Tonight, Henry Cooper, a lawyer who has been active In his oppo- sition to Streeter, accompatied by Police~ man O'Malley went upon the ground of the “district” and was attacked by Btreeter who knocked him down with the butt of a fovolver. Several of Streeter's followers covered O'Malley with thelr weapons and he was ordered to leave or be shot. Shortly after Cooper and O'Malley had left the ground a pitched battle broke out between three of Streeter’s followers, Willjam Mc- Manners, William Blocki and John Hoeldtke, and two watchmen employed by Cooper, Frank Kirk and Samuel Portorous. A riot call was hastily sent to the Bast Chi- cago Avenue police station and a wagon filled with officers under the command of Captain Revere was sent on the run toward the place. When the officers arrived Kirk's body lay in the snow outside his shanty while from the window Portorous kept up a steady fire upon the three men in the other house who were returning his fire with all the speed with which they could work their rifies. McManners, Blocki and Hoeldtke claim that the first shot was fired by Kirk and that he was shot when thew returned his fire. This is denied by Portorous who claims that the other side fired the opening shot. ~ All persons living on the “district of Lake Michigan" were placed under ar- rest pending the death or recovery of Kirk. At the hospital to which he was taken Kirk died without regaining consclousness. CREW IS SAFELY RECOVERED All Seamen of Wreaked Vessel, Mary NEW YORK, Feb, ‘which was burned to the water's edge off & point north of Cape May last night was Maey Gradam; Nortalk, for New York, and the crew is saf schooner J. C. Clifford, Captain F. H. H~ ley and five seamen composed the erew of Grll‘. It was a two-master, which left Norfolk three weeks ago yesterday. 3 Early yesterday morning the schooner was caught In the ice coming out of the Delaware river and the captain, fearful that X Ao oas |be would be crushed ~or blown ashore, g-um it they are tnrestened either dropped both anchors, being elght and one- half miles north of Cape May. The schooner was leaking and the crew was kept at the pumps. They suffered terribly from the cold and the hands of Charles Martin, mate, and Charles Bergunson, sallor, were frost- bitten. Plenty of hot coffee reduced the men's sufterings considefably. Heavy seas were breaking over the ves- sel and the bowsprit was carrled away. Soon both masts went by the board. In talling over the side the mast carried away only boat. This left the crew helpless and their only hope lay In being picked up. The schooner wis one mass of ice from stem to stern and to add to ‘the peril the captin found it was in danger of sinking. To lighten it the captain had about 20,000 teet of lumber thrown overboard. Despite all efforts the schooner was set- tiing rapidly, when J. C. Clifford, also lumber laden hove in sight. This was about 9 a. m. yesterday. Clifford lay to about 100 yards from Grabam and sent a boat for the crew. The rescue was accomplished with much dificulty owing to the ice pack around the schooner. Seeing that there was no chance of sav- ing the vessel, Captain Medley set fire to it before entering Clifford’s boat. The wrecked schooner was 196 tons and owned by the Greenleaf-Johnson Lumber company of Berkeley, near Norfolk. CRANBORNE DENIES REPORT Says British Never Prepared Note for Interves Spanish War. Second in LONDON, Feb. 11.—The under secretary for the foreign office, Lord Cranborne, re- plylng in the House of Commons today to & question of Heary Norman (lberal), whe asked whether the government's attention had been called to the statement in the German press, and alleged to have received official confirmation at Berlin, to the fact that Great Britain April 14, 1899, through its ombasssdor at Washingten, Lord Pauncefote, proposed a fresh mote, in which the powers should declare that Burope dia not regard the armed intervention of the United States in Cuba as justifiable, and that in consequence of Germany's refusal to accept this proposal the step was aban- doned, said: No, sir. Her late ma. t ty's ‘ov‘rum-nl deelis nY such proposal. Mr. Norman later sald to a representa- tive of the Assoclated Press: y ! *“I am perfectly satisfied and, of course, lmplicitly believe that statement of the British ministers. John Redmond, the Irish leader, com- follows: “The feeling which existed in America and England did: so much for the United States at the time of the war is all hum- WEST PLAINS, Mo, Feb. 11.—General Bgbert Brown, who was in command of th h to assent to mented on Lord Cranborpe’s statement as ly have mo doubt Germany has evidence to prove its assertions.” Death of Genersl Egbert union troops at the Brazos, Texas, in the Mhlmoffllfllvfl“nmwm MOVETOSUPPRESS POLYCAMY Ministers Alliance Directs Specifie Fight Against Uhl Mormons. WILL APPEAL TO conms: FOR HELP In Opening the Wostile Camp Evidence In Set Forth to Pro Existence of Plaral Marriages. SALT LAKE, Feb. 11.—The Ministerial Alllance of Salt Lake has unanimously adopted the report of the committee of that organization appointed “to investigate and report on the alleged practice and teaching of polygamy by the Mormons at the present time. This report is to be used as a petition for the passage of a constitutional amendment prohibiting polygamy, and will be sent (o the judiclary committees ot congress. The report, which is quite lengthy, sets forth that positive evidence can be produced. that polygamy 1s both practiced and taught by the Mormons at the present time in open deflance of the laws of the state. The document eontains numerous quoted statements alleged to have been made by Mormon leaders, in which the practice and teaching of polygamy is advocated and urged, regardless of man-made laws to the contrary. The ministers assert that the evidence § in such shape that it could be produced as evidence in court it it became necessary to do s0. Besides being sent to the judiciary committees of congress, the document, it 1s sald, is to be extensively distributed in the east to further the campaign for the anti-polygamy mmdmln( to the constitu- tion. The report, ..mr quoting a number of Mormon leaders in favor of the practice, dwells at some length on the colonization schemes of the church, which, according to the committee's report, have a twofold purpose. Purpose of the Scheme. 1,10 enable the Mormong to practice po- gamy, whers ‘they will be Free trom A euting of Chelr. gontile. noighbors! and to secure the balance of political power in the wparscly settled states 270t the wes oF “any ‘proposed heatile nationa) legisiation. e The report sums up as follows: The returns coming from parties whose reliablifty can in every case be vouched for by members of this body, show the following conditions prevailing &t the pres- G“‘&I um?l rst—Poly; us mhlb“‘ufln as evi- denced by 'the Dirth of children "or the acknowls ent of wllfl concerned or concurrent _testimony neighbors, and Songtines. by el o AlEoe. 2 proven to continue in multiplied (nstances in. Salt Take Cit Brova, 11—The , schooner | pic) Aniong the specified statements by chureh leaders on this question dwelt on in the report is the following: oJoueph E. Smith, formerly chlef coun- R, Pregiisnt’ Sasw oo, Dow. pocel- Bont of the church, said {n 1698, "Whilg fed- icating a meeting house in Payson: ‘“Take gare of your polygamous wives. W do not care for Uj w. President Smith to & nwn-r of the As- sociated Press made the following state- ment: I wish to declare emphatically that I Dever said any such thing, either at Pay: son or any othe: e expressed my sentiments as to the tamities. bf “racn who contracted ral marriages AgO that they shoul mvm. Tor and educate and take care o way. I say so now tribiited to’ me about Uncle the statement that I uller\y and wickedly false. did so s Mormon Organ Resents the Attack. The News, the official organ of the Mor- mon church, tonight denounces the report of the Ministerial association as a mass of representations built on a number of stories, “many of them grossly false; most of them purposely exaggerated, and the whole re- lated to & very small portion of the popu- lation of this state and of the Mormon part of it “The unrellabllity of the tales told by people upon whom these ministers depend MEMBERS DESERT OLEO BILL Representatives Chunge ¥ront the Majority i Favor 15 Small WASHINGON, Feb. 11.~The voting on amendments to the oleomargarine bill in the house today indicated a considerable change of sentiment since the last pongress, when the bill had 106 majority &nd that thé opposition to measure has gaimed strength. While the passage of the bill is not endangered it is mot likely the ma- Jority tomorrow will exceed thirty. The opposition today was enough in committee of the whole $6 adopt two important amendments, “{mm‘ that nothing in the act should bé construed to prevent the manufacture e of oleo- margarine in any state sale and coasumption within sald states, and the other to provide for branding. of renovated or process butter. ‘This amendment was especially obnoxious to % of the meas- ure, and when the ‘same to the house a separate vote was lod on it That vote was pending when Journed. Although the amendment gommanded a majority of two in committea of the whole, where no record is made it I8 not unlikely that the action of the will be reversed tomorrow, when are obliged to go on record. committes amendments adopted today wchanged the phraseology of the bill, tha importaat being that making the 10 per tax apply to oleomargarine made tn imitation of but- ter “of any shade of yellow." Considerable feeling was injected into the proceedings toward the close of the ses- slon. Mr. in section 1, another provi ing in this state.” X The amendment was adopied 96 to 66. Mr. Burleson of Texas of merriment by offering & feit ice.” Mr. Burleson amid imuch Jaughter de- clared that his substitute demonstrated the rank absurdity and njustice of the “selfish, designing and ambitious statesmen from Minnesota.” The same viclous principles, be sald, underlies both propositions. His amend- ment was ruled out on & point ‘of order, as or to place on syrups in was one offered by Mr. a tax of 10 cents per imitation of maple syrup: Mr. Allen of Kentucky the good faith of the offering ‘an amendment to inspection under the culture manufactories ovated and requiring that, sl butter be stamped as amendment was carried display of enthustasm, 17 to 107. - Henry, in charge of the bull, Mr. corporations, known as cent. Mr. Henry made the point that amendment was not germane, was germane. The point of order was sus tained. The substitute was defeated—155 to 146. ter, had been adopted in gross. of the bill, retrace the parliamentary trail by moving @ reconsideration of the vot was accomplished finally, and with amendment pending the house, at Sourned. for the scandals in which they deligh says the News, “apd the reports made by anti-Mormons of speeches delivered by Mor- mon elders, has been demonstrated time and Pr time again. New Creed of Faith for “The plain and simple truth is that po- Popular Use. Iygamy Is not taught or encouraged by the authorities of the Church of Jesue Christ of Latter Day Saints and that plural mar- rlages are no longer solemnized, but that men who contracted such marriages in the i t are expected to care for, love and support their familles and would be re- garded as recreant {o their faith and vio- lators of their sacred covenants if they refused or neglected to do so; that their numbers are very small compared to the PHILADELPHIA, Feb. confession of faith for popular use. mittee last December at Washington. first three chiipters as outlined at Washin, ton were reviewed today, and conclusions reached in the first two. bulk of the population; that the enemies of the Mormon people are endeavoring to make & mountain out of & mole hill; whil ome of them may bell there Is a The three sections are entitled: little foundation for their foollsh fears of Mormon intent, some of them know better, and are wiltully attempting to bear fal witness against their neighbors and te d celve the American public. ‘The purpose of this misrepresentation is well understood and so is the wish which impels ther.” GIVE MILITIA CHARGE OF CITY Pat won Autherit tlon Take Pree Agalust Trouble in ned District, PATERSON, N. J., Feb. 11.—Mayor Hinch- life, Sherift Sturr aud Major Rose, com- important changes have been made. less of what progress has been made. bers desire. manding the militia, bad a conference this aféernoon, at which it was agreed that the mupicipal and county authorit should give over to the militia the control of the burned district commencing tomorrow and Jasting for the ensuing elghteen hours. & holiday, it is expected that several hun- dred thoussnd persus will visit Paterson The reason for this is that tomorrow being P Secures Five Blocks in St. Loula. ST. LOUIS, Feb. 11.—Property covering Scott of Kansas, en hebalf of the minority of the committee for the provise g that ‘‘noth- t shall be eanstrued to for- bid a state to refuse to permiit the sale or manufacture of oleomargarine in conformity it is with the laws of that state, manufactured and sold nm the a great deal titute for section 3 In the langupge that section, to impose a tax of 10 cents per pound on manufactured ice sold in imitation of the natural product, except when sold In blocks of one or two pounds and stamped “‘counter- od to test of the bill by ide for the :‘ 'no Allen clufl-h of Manln offered -h amendment' to place an internal. revenue tax of 10 per cent an-the products of steel corporations and on ‘the products of other ‘trusts” of © per the against which Mr. Richardson argued that the bill was brought in under the guise of a bill to raise revenue and as such his amendment Mr. Wadsworth offered the substitute for the entire bill, which had been provided by the minority of the agricultural committee. Whén the committee arose Mr. Tawney demanded a separate vote on the amend- ment relating to renovated butter, but he described the amendment by the wrong number and discovered his error after that dment, with others of a minor charac- The ex- posure of the mistake tickled the enemies but Mr. Tawney proceeded to It took some time to straighten out the tangle, but tiis this 15, ad- FAVOR A BRIEF CONFESSION yterian Revisionists Formulate 11.—The Presby- terian committee on revision of the com- fession of faith confined itself to a brief The statement contains sixteen chapters or sec- tions which were formulated by the com- The Chapter I-Revelation and the rule of that | gagch. committes will not give out what was adopted, but it is understod that no The committee will adjourn next Friday regard- Another meeting will have to be held prior to the opening of the general assem- bly, which convenes May 15, in New York. Former Moderator Dickey of this city id that mo action taken up to date by the committee is conclusive, as it will be possible: to make changes up to the con- cluding session It two-thirds of the mem- GOULD PURCHASES PROPERTY ent of Missouri Pacific Rallroad total area of five blocks Was today trans- ferred to George J. Gould, president of the CONDITIONS ARE FAVORABLE Reperta from Uhamber of President’s Son More Eneeuraging. i Forecast for Nebras| CRISIS IN BOY'S SICKNESS NOT REACHED King Edward Sen pathy to Paren for Thelr Son's Speedy Recovery. GROTON, Mass,, Feb. 11.—The reports from the sick room of Theodore Roosevelt, Jr., the eldest son of the president, tend to show an improvement and at 8 o'clock to- night his condition was authoritatively | tated to be better than it was at the same time last night. The erisis of the disease s still to come ahd is looked for within twenty-four hours. The president and his wife believe their son will meet this crisls in good shape and, passing it successtully, will recover. In fact, the alight favorable turn in the dis- ease today has greatly relieved the straln on both of them and the day closed much more cheerfully than yesterday. Still the reports isued through Mr. Cortelyou, sec- retary to the president, ran between hope and fear. Beginning. with the morning when the boy after an admittedly hard night was reported as lmproved, although pleurisy in the right lung was mentioned, this favorable tendency was continued through the noon statement. Then at 2:40 o'clock In the afternoon it was stated that the boy's temperature had risen, that It probably would remain high and it anything. increase a little toward morning. This somber tone seemed al- most to neutralize the morning's encourag- ing notes. Hope Increases. The nexi ‘report, at 6:30 in the evening, showed that notwithstanding the high tem- perature the boy had more than held his own all day and that his condition was favorable. Hopefulness was increased by an additional and voluntary report on Mr. Cortelyou's part at 8 o'clock that the lad was In better condition than at the same time last night, although he said there had not beem much change during the day— meaning that the favorable condition of the morning had been practically maintained. All these reports were authoritative and, in addition, there was a cheery interview, with Secretary of the Navy Johu D. Long after & hurried visit of courtesy to his chief, In which he frankly sald that the boy was better. To confirm this came the president's sud- den appearance, a little later in the after- non, at the mew sporting dome, a recrea- tion house bullt by Mr. Gardnmer adjoining his own mansion. The president was dressed COND]TION OF THE WEATHER Cloudy Wednesday, Colder, with a Cold Wave hwast Portion; Thursday, Winds Becoming Northerly. Probably Snow ot Night in No Fair, Cold, Hour. 1 2 8 4 5 [ T s ° NORFOLK PUBLIC BUILDING Appropriation of Seventy-Five Thou« sand Dollars Stai nee in Omnibus BilL (From a Staft Correspondent.) WASHINGTON, Feb. 11.—(Special Tele- gram.)—Congressman Robinson’s bill carry- ing. $76,000 for the erection of a public building at Norfolk, Neb., bas been referred 1o a subcommittea consiating of David H. Mercer and Representatiyes Gillett and Bankhead. Hon. W. M. Robertson of Nor- folk, who has been here looking after the Interests of Norfolk in the matter, is eat~ isfled with the progress which has been made and will return to Nebraska Thurs- day. 1t fs the intention of the committes on public bulldings and grounds to Include all appropriations for new buildings in the omnibus bill. It Is probable a report of this committee will not be made before the lat- ter part of March or the first of April, but every assurance is given that when a report 1s made it will include an appropriation for the Norfolk building. Senator Dietrich’s bill conterring title to the state of Nebraska of certain selected indemnity school lands was favorably re- ported today. The lands are described as aggregating. 2,228 acres in the O'Nelll fand district, selection of which was approved in 1897, but two years later the certification was declared vold. Last year this matter came up before the secretary of the interior, the state baving filed its list of indemnity school land selections, and as the rights of inno- cent third parties are affected by the fallure of the state's title, Sehator Diet- rich's bill has been introduced to cure any defect growing out of the erromeous ap- proval. Congressman Mercer ‘was compelled to abandon his trip to Grand Rapids, Mich., on account of the {llness of his little daugh- ter. The South Dakota delegation today re- commended Christian Alsenbray for pobt- master at Menno, Hutchinson county. Ropresentative Burke of South Dakota, member of the committee on Indian affairs of the house, provailed upon the committee to insert in the Indian appropriation bill 'RESTRAINS TAX LEVY Judge Dickinsen Overrules Motien te Dis- selve Temporary Injuastion. RULING GREETED WITH MUCH APPLAUSE Demonstration Most Remarkable Ever Noted in Equity Ceurt Room. COUNCIL MUST AWAIT SUPREME COURT Be Made Befere Mandam Oase in Nottled CITY ATTORNEY IS SOMEWHAT ALARMED Levy Oan Mr. Conmell Ex Says Serious Conditio: Will Work Great Ine Jury to City—Renl Estate Men Jubllant. Despite the forbldding frown of Judge Charles T. Dickinson and despite the vig- orous knocking of Bailift Stout, the of- ficlal gavel wellder for district court room No. 7, the crowd therein burst into a round of applause at 3:25 yesterday afternoon when ghe judge made his adverse rullng on the motion of City Attorney Connell to dis- solve the temporary injunction which he had issued restraining the olty eouncil from levylng a tax for the year 1902, based upon the assessment of taxable property within Omaha as the same now appears upon the assessment rolls. ‘fhe real estate men predominated in the crowd and many laughed outright at what they assumed would be the discomfiture of the corporations, while others sought long for an opportunity to shake the hands of the Judge, as well as that of Attorney J. H. Mc- Intosh, who had combatted the motivn. The judge remained on his bench, stern and unapproachable by the effusive, until the latter drew from the room. It once seemed certain that the crowd would break out in cheering, but the nearest approach was when one very elderly man sang out: “W knew Dickinson would give us our rights.” The demonstration was one of the most remarkable ever noted in an equity court in this djstrict and followed four di what had been almost & continuous de- bate, City Attorney Connell, however, considers the result as unfortunate for the city. He alls attention to the atatutory provision (section 138 of the charter) that the tax commissioner “shall assess for taxation all street railway property in the city and in a sult of flannels and seemed ready for some exercise on the new squash court. He did mot play, however, aithough he re- mained in the sunny buflding mearly two hours watching a game between Mrs. James Lawrence and Rev. Sherard Billings. King Edward Sends Message. Amother interesting event of the day was ‘The reports issued by Mr. Cortelyou during the day were of the same nature as those sent to Miss Allce Roosevelt, Washington. At the earnest request of the president the reports were not f{ssued in bulletin form, Mr. Cortelyou absolutely refusing. to give statistics of temperature, pulse and respl- ration. In fact no technicalities were used, and at the request quotations were also omitted. They were merely plain statements of the condition of the boy. Bach time one was given Mr, Cortelyou cautioned the newspaper men against mak- ing it look favorable, for the reason that unfavorable ones might have to be issued ‘Wednesday. Long’s Cheering Words. Then came the interview with Secretary Long which contained far more encouraging words, than any from the sick room. The secretary sald frankly that the boy was better, and that the president and his wife were much encouraged. He sald that no plan had been made for the president's de- parture, although Intimating that If the boy's condition continued to improve at the same rate the boy would be improved sut- ficlently to allow the president to leave for Washington Thursday. No arrange- ments he sald, had been made for the re. moval of the boy when he is well ehough to leave. The secretary sald President and Mrs. Roosevelt were much worn and wor- ried, but otherwise quite well. For two hours today the president was engaged in transacting official business and suswering letters. He lunched with Mra Roosevelt at the infirmary after the de- parture of Secretary Long. The 6:30 report from Mr. Cortelyou prac- tically confirmed much of what Secretary Long had sald. It was in effect that the boy's condition, while unchanged, showed improvements for the day. His temperature had increased slightly, but respiration and pulse were about the same. At 8§ o'clock Mr. Cortelyou gave out an- other report, stating that medical exam- ination of the patient showed he was better than last night. The president spent the entire evening at the Gardner house. The last sick room bul- letin for the day was given out at 11 o'clock. Mr Cortelyou sald that at this timie every Indication was for a favorable night for the boy, but the fever had fluctuated some- what and it was impossible to tell just when the crisis would come, although it was looked for during Wednesday. The condition of Willlam Gammel, jr., of Providence and Howard E. Potter of New York also showed considerable im- provement, in fact these two boys are in better condition than young Roosevelt. GROTON, Feb. 12.—1 a. m.—The lights in ovements for the Day. $20,000 for incremsing the capacity of the Rapid City Indian school. Twenty thou- sand dollars was appropriated by the last congress for this school. The additional appropriation, it {s thought, will be sufi- clent for the erection of additional bulld- ings. Congressman Hull expects to leave for Iowa soon to attend the primaries called for his district March 7. He expresses ab- solute confidence in his nomination, but be- J. U s..mu of Lemars for United lmn district attorney. The present incumbent is H. G. McMillan of Cedar Ravlds J. W. Blythe of Burlington, I ‘Washington. Senator Dietrich was suddenly called ‘o Catskill today by the illness of his daugh- ter, who was compelled to leave her school at Bryn Mawr a week ago. Before leaving Senator Dietrich made the following recommendations for postmasters: J. H. Jones, Marquette, Hamilton county, re- appolnted; Dr. Clay county. Rural free delivery has been ordered at Shell Rock, Butler county, lowa, April 1, with R. E. Dewey, H. E. Metsger and Howard Prince carriers. The route em- braces an area of sixty-seven miles, con- talning a population of 1,485. The post- office at Custer will be dlscontinued. A postofice 1s ordered established at Knight, Ufnta county Wyoming, with Dex- ter C. Bwartf poatm: ‘The postmaster at Shenandoah, Ia., is to be allowed one additional carrier Jume 16. Postmasters appointed: Nebraska—S. C. Allen, Rogers, county, vice M. J. Conboy, resigned. Iowa—George Lanster, Arnold, Humboldt county. The postofice at Burt, presidential office April 1, $1,100 \ The First National bank of Waubay, S. D., bas been authorized to begin business with $200,000 capital. ‘The Western National bank of New York is approved as a reserve agent for the First National of Gladbrook, Ia. DOES NOT GRANT INJUNCTION Court Defers Action on Application of Frank James to Dissolve how. G. M. Prentice, Fairfleld, Colfax Ia becomes a a salary of KANSAS CITY, Feb. 11.—Judge Teasdale, in the ciroult court today, intimated that he could not grant the application of Frank James for an injunction to stop the pri duction of “The James Boys in Missouri, s lurld drama being played at a local theater. The judge did not say that he would not grant it, however, and postponed Ris decielon until tomorrow. It was anoounced today that James had signed with a Pittsburg firm to appear thirty weeks next season in a play written tor him. James says it will be a clean, high-class play. BLAMED FOR ELEVEN DEATHS Proprietor of Hotel is Held Reapo sible for Lives of His G the {nfirmary for nearly two hours have been turned low. MURDERER STILL AT LARGE Slayer of San Francisco Girl Eva Traps Set by the Police. SAN FRANCISCO, Feb. 11.- Missouri Pacific, and is op Iron Mountal murderer is still at large, and it is be- and the establishment of full military con- trol was considered the best plan. Out- side the fire line, the police, regular and special #id of detectives will handle the crowds. The work of adjustiog the fire losses will commence tomorrow, The Paterson in- claims and giv! information. 85 | be systematized and payments begus with- 1o & day or two, e and the deputy sheriffs with the surance club has established itself in ample quarters, and clerks are already recording A general meeting of the adjusters will be held at the office tomorrow morning and the work will Rallway company’s Hne. The consideration was $826,000. It s rumored that Mr. Gould bas made the purchase for the purpose of bullding an immense freight depot and to extend freight yard facilities. Transport Wright is Raised. MANILA, 'Feb. 11.—The United States transport Wright, which was wrecked, as announced in these dispatches November 28 last, by striking an uncharted rock at the entrance of San Jacluto barbor and sinking in fifteen feot of water, has been successfully rased. . lleved thousands of miles from the scene 1s still following every possible clue to the whereabouts of the murderous John Ben- nett, alias G. B. Hawkins. Captain Seymour’'s confidence in the evi- dence which entangles Bennett has steadily increased. The chain of circumstances, to- gether with the facts, have been care- fully welded and it is sutborities would the prisoner than in the Durrant casey of his crime, but the whole police force ted that in bringing the accused before the bar of justice the bé sble to present a stronger and more damaging case against ST, LOUIS, Mo., Feb. 11,—J. W. Gillbam, proprietor of the Empire hotel, which was burned last Sunday morning, was this after- noon held responsible for the death of tha eleven persons who 1ost their lives as the result of the fire. The jury says his responsibllity lay in his flect to furpish fire escapes and life lines, provided for by statute and ordinances. Police Sergant Hall, who was present when the fire was ragiug, testified that not a lite would have been lost had there been fire escapes on the building. Ocean Vessels Feb. 11, Arrived—! Move At New York: etc. rrived--Ventura, Honolulu and Arriyed—Bovie, AoSaand: AL Liverpool: Liverpool At eGnoa: Arrived—Columbla, from New ndria, etc. York. for Ni town No' Qufi. for Liverpook cs r Wilhelm trom New A4 Philadeiphia: Arrived—Waesland, from place the same on the tax list, fixing tho valuation of the property owned by a street rallway company in the same manner as other property is assessed.” This he con- trasts with that part of the injunction which enjolns the council from levying the tax until it has, sitiing as a board of equal- 1zation, “‘raised the several assessments of the sald franchised corporations to 40 per charts 0 done and 'hleh it Wl be almost 1 ble to do because of the difficulty in ascer- taining what is exactly 40 per cent of the fair cash value. In an interview last even- ing Mr. Connell sald: ““Had Judge Dickinson seen fit to dissolve the Injunction in accordance with our con- tention that the plaintiffs had already bad & hearing with reference to the subject matter in controversy, I would have ad- vised the council to at once proceed to make the levy. Or If it was possible for the council upon reconvening as a board of equalization to lawfully comply with the conditions In the order of injunction, I would be in favor of ‘that course. Says Compliance is Impoasible, “But the order as prepared by Mr. Me- Intosh for Judge Dickinson's signature goes to such an extreme as to make a compli- ance therewith impossiblg. Had the order been simply a restraining order Judge Dick- inson might modity it, but belng a tempor- ary Injunction he has no power to do so, 80 as to make his modification Immediately operative. A supersed bond could be glvén and the order originally made kept in force until final hearing by the supreme court, but in the ordinary course of events such hea could not be had during the ‘present ye The mandamus case can have no effect on this actlon. Even should the supreme court refuse the writ of mandamus applied for at the hear- ing, this order of injunction issued by Judge Dickinson would contlnue in force. “To sum the whole thing up, the hands and feet of the mayor and council are completely bound by this order of Judge Dickinson’s. All leglslative power by the mayor and council with reference to the annual levy of 1902 is taken away and we now have only a city government by in- junction. Of cqurse the councll might take the bits in thelr teeth and, later on, pass the levy ordinance in spite of the injunction, but this they not likely to do. Certainly a serlous situation exists which will work great injury to the eity.” Order of the Court. The temporary iajunction which the city attormey considers so disastrous, but which the court announced that it would “‘continue in force until the supreme court has had opportunity to pass on the plain- tiffs’ appli ation for & writ of mandamus,” which Is expected to be done the elghteenth inst., reads as follows, being dated Feb- ruary 3 It is here ordered that granted’ herein' enjolning the Joirdams from Tevying 4 tax for munici for the year 130, pased \ipon® the asgeas: ment of taxable pragerty within satd city, an Same NOW appears upon the assessment voli "for sald city, and trom Jovying any tax upor K ro‘perti}'*'lllmll n rate. Timits until iren to the plaintifts & ‘"E:y upon the several com hem A defend: p n(l company, com Nebrasics, Telephone compan Omaha Thomson-Houston Sompany. »nd l;sv': mln dh 3 evidence 'upon sald hearing and have jus Getermined the fair cash vaiue of 1 o’pro E erty and franchises of sald several Vaiie of m;ulu ope an ve duly certls the tax 4 TS T L W W eaid fair cash valus as the cqaitsed ‘aad Sorations, ‘wnl the tarther- ordes: ot “tie rations, uni rther opder Pourt upon the plaintiffs executing and de. Wvering to the clerk of the court an un taking to the defendants in the sum o with wpproved ‘suretles conditioned us re- quired by law. CHARLES T. DICKINSON, Judge. In delivering his opinion, Judge Dickin- sou sald We 'will first eliminate from eny cone {Continued on Socond Paga)