Omaha Daily Bee Newspaper, April 8, 1902, Page 1

THE OMAHA DAILY BEE. ESTABLISHED JUNE 19, 1871, OMAHA, TUESDAY UNIT FOR EXCLUSION House Votes Without Division Against the Admission of Chinese. PASSES BILL OF DRASTIC CHARACTER Amends It to Exclude Also Descendants and Mixed Races. MEASURE RE-ENACTS EXISTING LAWS Prohibits Emyloyment of Oriental Sailors on American 8hips. Ee BILL APPLIES TO INSULAR POSS" %'S by YT @ %p “Mr. Balfour refused to grant facilities for Empowers Philippine Commissio. Adopt Saitable Provisions for En- forcement of the Law in Archipelago, WASHINGTON, April 7.—The house to- day passed the Chinese exclusion bill, after incorporating in it several amendments which increased the drastic character of the measure. The principal one not only excludes Chinese by birth and descent, but all Chinese of mixed blood. The chiet struggle was over an amend- ment to prohibit the employment of Chi- nese sailors on American ships. An amend- ment covering this proposition was at first ruled out on a point of order, but subse- quently was modified to evade the ruling and was adopted—100 to T4. As passed the bill practically re-enacts all the existing exclusion laws and incor- porates with them the gxisting treaty reg- ulations. It extends these exclusion laws to the Philippines and the other posses- slons of the United States and forbids Chi- nese laborers in our colonial possessions coming into this country. nforcement in Philippines. The Philippine commission, by the terms of the bill, is directed to adopt proper measures for the enforcement of the pro- visions of the bill in the Philippines. The conference report on the war revenue tax repeal blll was adopted and the bill sent to the White House. Late In the afternoon Mr. Fowler of New Jorsey moved to pass, under suspension of the rules, the senate bill extending the charters of national banks for twenty years. The democrats were taken com- pletely by surprise. As it was after the usual hour for ad- journment the attendance was slim. The democrats attempted to flibuster, but a call of the house finally secured a quorum and the bill was passcd. When consideration of the exclusion bill was resumed two amendments were adopted without division. Onme by Mr. Clark of Missourl, to amend the definition of “teacher” under the privileged classes, so to require that for two vears before admission the “teacher” snould have been engaged in “teaching” the higher branches, to provide that Chinese students shall leave the country immediately upon the comple~ tion of their course of study. Other Amendments Adopted. The amendments designed to perfect the language of the bill which had been agreed upon by the committee and the California delegation were adopted. Mr. Clark of Missouri offered the amend- ment prohibiting the employment of Chi- nese laborers on American ships, as fol- lows: “And it shall be unlawful for any vessel holding an American register to have or to employ in the crew any Chinese person not entitled to admission to the United States or to any portion of the United States to which such vessel plies, and any violation of this provision shall be punish- able by a fine not exceeding $2,000.” Against the modified amendment Mr. Perkine of New York raised the point of order that it was not germane, and Mr. Moody * of Massachusetts sustained the point, but in the course of his ruling in- dicated how the amendment might be made germane. Thereupon Mr. Kahn of Call- fornia modified the amendment to make it conform to the rullng of the chair, his mod- ified amendment providing that it sbould be unlawful for an American ship, for a voyage terminating at an American port, to employ Chinese sailors. Opposition to Clark's Plan. Mr. Hitt vigorously opposed the amend- ment. Mr. Clark served notice that if the provision defeated he would oftr it as & amendment to the ship subsidy bill. At this point the committee arose to permit Mr. Payne, the majority leader, to call up the conference report on the war revenue repeal bill. Mr. Richardeon, the democratic member of the house conferees, explained why he declined to sign the report. He saild the democrats did not belleve that all the war revenue taxes should be repealed and taxes on the necessaries of life remaln. For Instance, he sald, he favored the senate amendment which would have al- lowed the tax on bucket shops to remain, but which the conferees disagreed to. Mr. Payne in reply said he had proposed the senate amendment because be did not believe in taxing the small gamblers and allowing the big ones to go scot free. Must Keep FPromise, “‘Besides,” sald ke, “we promised the people that we would remove every vestige of the war taxes and we want to keep our promise.” : The report was adopted without divi- sion. Conslderation of the pending amendment to the exclusion act was then resumed. Mr. Capnon agreed with Mr. Hitt that the adoption of (his provision would force American ships to sail under forelgn reg- ister. The amendment was adopted on & vote by tellers. 100 to 4. On motion of Mr. Clark of Missouri, an amendment was adopted adding to the bill's | definition of Chinese tho: nese blood At amended withoyt division. The Indlao appropriation bill was conference. Mr. Fowler of New Jersey asked unanimous comsent for the considera- tion of the bill to extend the charters of natioval banks for twenty years. Mr. Smith of Kentucky objected, whereupon Mr. Fowler moved to suspend the rules and vass the bill. Mr. Fowler explained that there were 850 national banks, with & cap- tal of $123,753,300, whose charters would be extended by the bill of mixed Chi- the bill was then passed Mr. Ball of Texas briefly protested agalost the proposed legislation. The bill was passed; ayes, 117; noes, 48; present, 18; & call of the house frst having to be made in arder to secure a quorum. 6:06 p. w. the house adjourmed. BALFOUR'S LIPS ARE SEALED Government Leader Gives Out Not Concerning South African Peace ~ LONDON, April 7.—The House of Com- mons reassemoied today after the Easter recess. An early opportunity was taken to press the govcrnment for information on the subject of peace negotlations in South Africa, but the government leader, A. J Balfour, declared the ministers bad nothing in that connection to impart to the house. Answering a question about the Gener Buller controversy, the war secretary, Mr. to publish all the letters and dispatches re- lating to the Splonkop engagement for- warded to the War office by Lord Roberts. The order forbidding General Buller to pui- lish the documents would not, however, be rescinded ’ #yselon of the motion made by John Red- % ghe Irish national'st leader, censur- eaker, Willlam Court Guily, in co. with the suspension of John Dillo In corfc. ondence between Mr. Halfour and General Buller, recently published, the former contended that General Buller was in chief command at the battle of Spionkop, which resulted most disastrously to the British, while the general denled this. STEAD'S NAME IS LEFT OUT Connsel for Rhodes Tells Why ¥ in Not Ome of the Execntors. LONDON, April 7.—The fact that W o of Cecll Rhodes' will has given rise to some comment, for It was generally under- stood that he was closely associated with those designated to carry out Mr. Rhodes' aspirations. In order to dispel any misap- prehension B. A. Hawksley, who was coun- sel for Mr. Rhodes, declared in an open letter that the removal of Mr. Stead's name was not in any way due to differences on the subject of the South African war. but for other causes, quite appreciated by Mr. Stead, and which did honor altke to both men. “In the far-back days,” writes Mr. Hawksley, ““when Mr. Stead expounded the common Interests of the English-speaking peoples, his acqualntance was sought by Mr. Rhodes, the acquaintanceship ripened Into close intimacy and sontinued to the last. Mr. Rhodes recognized in Mr. Stead one who thought as he did, and who had the marvelous gift of enabling him to clothe with literary charm the ideas they both held dear. As Mr. Rhodes frequently sald to me and others, Including Mr. Stead him- self, the friendship of the two men was oo atrong to be broken by passing differ- ences abeut the South Afrfean war."” RIOTING AT MONTEGO BAY Serions Disturbances Arise over creased Taxa d an Unwise Arrest. KINGSTON, Jamaica, April 7.—Rioting at last Saturday night, owing to arrests made by the police. On Sunday night there was a severe fight between the police and rioters and many on both eides were wounded. Troops have been dispatched from Kings- ton to the scene of the disturbances. Advices received here this afternoon show that the rioting ut Montego Bay is still proceeding. Acting Governor Oliver and the general commanding the troops have ar- rived at the scene and the cruiser Tribune sailed this morning to land men at Montego Bay. During the fighting of yesterday one man was killed and a police officer was disem- bowled. The Increased taxation and an unwise ar- rest were the cause of the trouble. The situation is critical, but the authorities hope to quell the rising at an early date. REBELS CAPTURE JACMEL Release Prisoners, Seize Avallable PORT AU PRINCE, Hayil. April 7.—A number of revolutionists, commanded by General Nicolas Baptiste, attacked and cap- tured Jacmel, a town on the south coast of Haytl, on Saturday, occupled that town for twenty-four hours, released the persons who had been imprisoned there and then retired to the hills, taking with them all the arme and ammunition they could ob- tain. During the fighting which preceded the capture of Jacmel two men were killed and a number were wounded. The Haytlan crul Crete-a-Pler has started for Jacmel with arms and ammuni- tion for that place and the minister of war, V, Guillaume, has also left for Jacmel with & detachment of troops. All is quiet bere. SHAH IS TO VISIT BERLIN His Majesty. BERLIN, April 7.—Official circles here confirm the report that the shah of Persia will visit Berlin in May and will pay his respects to Emperor Willlam, is going to Contrexville, France, for his health and inquired of the authorities at Berlin whether his visit would be accept- able to his majesty, who answered afirmatively. The visit was designed to take place last summer, but was postponed owing to the mourning for the late Dowager Empress Frederick. The shah probably will come to Berlin by way of St. | Petershyrg. So far as Germany is coo- | cerned, the vieit is devold of political significance. The officlals here repudiate the assertions in the British press (hat | Germany is endeavoring to establish its | influence in Persia, between the British | and Russian rivairies in that country. Passengers on the Teutonle, LONDON. Aprib 7.—Vice Admiral Sir Henry Holdsworth Rawson, formerly in charge of the channel squadron, and Lady Lady Musgrave will be among the pas- sengers on the Tuetonle, which is to sall trom Liverpool April 9 for New York LONDON, April 7.—The Board of Trade returns for March shows fhe remarkable decreases of £552,1% In {mports and £2,084.25 In exports, compared with March, 101 This is attributed mainly to the ab- normal clesrances of last y: in antlel- pation of the new dutle Toronte to Lomisyille, Canada, April 7.—~Third Base- TORONTO. has decided to join the Loutsville club, Broderick, sald that in view of the state- | ment of General Buller it had been decided | Stead’s name was not among the executors | The shab | COURT CLAIMS JURISDICTION| Supreme Justices Overrule Colorado's De- murrer in Arkansas River Oase. WANT TO ADMIT ALL FACTS INVOLVED Chief Justice Faller Renders Opinion Holding Case to Be of Vital Im- vortance, Demanding ¥ ent Inve WASHINGTON, April 7.—The United States supreme court, in an opinion de- | livered by Chief Justice Fuller today, over- ruled the demurrer of the state of Colo- rado in the case of the State of Kansas against the State of Colorado The case involves the right of Colorade to appropriate, for purposes of irrigation, the waters of the Arkansas river, which Kansas sought, by an original action, to re- strain on the ground that the stream flows through Kansas and the people of the latter state are injured by Colorado’s appropria- tion of the water. Colorado contested the jurisdiction of the court in the case and filed a demurrer. The chief justice said that the case is one in which the court can properly as- sume jurisdiction. He sald also that the action of the court in overruling the de- murrer was intended to be without preju- dice, but was taken because the importance of the case is such that it should not be decided without full proof on the questions set up in (he allegations of damage made by the state of Kansas. Grounds of Jurisdiction. On the point of jurisdiction the chiet Justice said t _subjecting the bill to minute erments sufficient as to we think its o it the question of one state of the union to wholly deprive | another of the benefit of water from a r rising in the former, and, by nature, flowing into and through the latter. and at, - therefore, this court, speaking broadly, has jurfsdiction. Coming to the question of the demurrer, he said The general rule is that the truth of material and relevant matters set forth with requisite precigion, are admitted by demurrer; but in a case of this magnitude, involving’ questions of so grave and far- reaching importance, it does not seem (0 us w' e to apply that rule, and we must decline to do so. He then stated the averments of the con- tention of the states of Kansas and Colo- rado, concluding as follows Don't Sitting as it were, as an International as Act on Technlcalitics. well as a domestic tribunal, we apply federal law, state law and international law as the' exigenclies of the particular case may demand, and we are unwilling in this case to proceed on the mere technlcal admissions made by demurrer. Nor do we regard it necessary, whatever imperfections a close analysis of the pend- ing blll may disciose, to compel its amend- ment at this stage of the litigation. We think the record should show no proofs whether Colorado s herself actually threat- ening to wholly exhaust the flow of the Arkansas river in Kansas, where it is de- scribed in the bill as the “‘underflow’ is a subterranean stream following a known and defined channel and not merely water per- colating through the strata below. Whether certain persons, firms and cor- porations in Colorado must be made par- ties thereto; what lands in Kansas are ac- tually situated on the banks of the river « i wnother by Mr. Coombs of California, | Montexo Bay has been in progress since|and what either in Colorado or Kansas, are sbsolutely dependent on water there- trom: the extent of the watershed or the drainage area of the Arkansus river; the possibilities of the malntenance of a’ sus- tained flow through the control of flood waters; in short, the circumstances, a varlation in which might induce a court to elther grant, modify or deny the relfef sought or any part thereof. In view of the intricate questions arising on the record, we are constrained to forbear pro- ceedings until all the facts are before us on the evidence. There was no dissenting opinion. FOR NEW INAUGURATION DAY Committee Finds Sentiment Generally Favorable to Last Thursday in April. WASHINGTON, April 7.—The agitation in favor of changing the date of inauguration of the president from the month of March to the latter part of April received an im- petus today at the meeting of the national committee having the matter in hand. The change had been advocated, owing to the inclemency of the weather of early March. The meeting was presided over by Dis- trict Commissioner Heury B. F. MacFar- land. Mr. MacFarland gave & brief his- torical review of the movement for a change in the date, emphasizing the una- nimity of sentiment in regard to it and its national character. He declared that the senate of the United States had passed Mr. Hoar's resolutlon providing for the last Thursday in April the inaugural. It was agreed that the chairman should ap- point an executive committee. It was re solved as the sense of the committee that the date of the inauguration day should be changed from the 4th of March to the last Thursday in April, but no particular bill or resolution should be advocated. The proposition to fix the 30th day of April was considered, but received no sup- port, because it was felt that it was better to name a day of the week rather than a day of the month—a day that would come always in the middle of the week, 50 as to avold Sunday. The committee was unani- mously in favor of the last Thursday in April. DOUBT OVER THE CUBAN BILL Uncertainty of Measure's Pa Increased by Caucus € by Democrats, Ke I led WASHINGTON, April 7.—Represent tive Hay of Virginia, chairman of the demo. cratic house caucus, today issued a call for a conference of democratic members on the subject of Cuban reciprocity at 8 o'clock | temorrow night. The call followed a peti- tion, signed by more than twenty-five mem- | bers, requesting the conference. The move caused some agitation on both sides of the chamber, in connection with the opening of the debate on the Cuban b 1l tomorrow, as it was thought to intrcduce a new element of doubt as to the final vote on theg measure. The movement for a con- ference was understood to have been initi- ated by those opposcd to the bill, with a view of concentrating the minority in cp- position. It was conceded by the support- ot to| Rawson. and Sir Richard Musgrave and|ers of the Payne bill that a combization between the minority and the republicans who cppose reciprocity would make the final issue doubiful. Representative Wat- son of Indiana, who is acting as the “‘re { publican ship” on the Cuban bill, expresses confidence that the bill will pas Sampson Case Hangs Oun. WASHINGTON, April 7.—The | States supreme court refused today to grant the motion recently made to dismiss the lease of Admiral Sampson, in which he seeks (o recover prize money for the guns and armament of the Spanish vessel Maria At|man Schwab of the Toronto Base Ball club | Teresa, i connection with its capture off Santlago. { power | United | ING s APRIL MORN 14 TEN PAGES OBJECT TO ROOT'S AETIONS Democratic Senator raes Secretary ‘With Unfailrness and Demands Governor Ta:t's Report. WASHINGTON, April 7.~The bearings by the senate committee on the Philippines on the situation in the archipelago were | resumed today, with, Major General Arthur { MacArthur on the stand, but before he had begun his testimony Senator Culberson, one of the democratic members of the com- mittee, took occasion to call attention to the omission of the repor of the civil gov- ernor of one of the Phiilppine provinces from the record of Govirnor Taft's testl- mony. This is the repcrt referred to in the correspondence betwien General Miles and Secretary Root, of which the secretary said: The reference In the memorandum to the letter of Governor Taft ty the secretary of war, dated February 7, 19, s to a letter transmitting for the purpose of an in- vestigation by the military authoritles, a report by the civil governor of the prov- ince of " Tayab containing in general terms and without specifications or names, serious charges against the military ad- ministration in that province and against the conduct of the army generally in its relations to the civil government Senator Culberson quoted this paragraph, saylng that Governor Taft had promised to supply these reports of the civil govern- ment to th committee s they should be received. He added that the repc 't In question had been received by Governor Taft was before the committe . It was evident that this report bad reflected on the mili- tary administration of the Philippines and he moved that the chalrman of the commit- tee be requested to procure and present this report. He took occasion to object to what he characterized as the effort of the secretary of war to direct and control the proceedings of a committee of the senate. Senator Lodge replied that he had known nothing of the report that had been with- held until he had read the statement quoted and he had then learned that it had been referred to General Chaffee in order to secure his comments unon it. Undoubt- edly, he sald the secretary had thought that the charges against army officers should not be sent out without an explana- tion of them. Senator Allison suggested that Governor | Tatt had been ill since his appearance be- fore the committee and (hat he should be written to upon the subject. Senators Rawlins and Pxtterson endorsed the position of Senator Culbersom. Mr. Rawlins said that if the investigation was to be more than a mere farce the report should be called for. He took occasion to say that the secretary of war had withheld other intormation which had been called for even by the senate and he instanced the report made by that official on the ques- tion of the tramsport service, saying that the secretary had in his reply withheld the reports made by government inspectors which were on file in the department. Senator Culberson changed his resolu- tion so as to call directly upon th: secre- tary of war for the report, with request to forward any information he may have from General Chaffee, and in this form the ree- olution was adopted. General MacArthur then began hie state- ment, which, he said, would be a review of his observations In the | i~4ds and oplnions e had formed. He said taut after-a oo~ plete study of the situatlon he had con- cluded that permanemt American oecupa- tion of the islands was advisable. The general had not concluded his state- ment when the committee adjourned until 10:30 o'clock tomorrow. RETAINS BUCKET SHOP TAX Senate Passes Conference Report o the Repe of War Revenue Taxes. WASHINGTON, April 7.—Considerable time was consumed by the senate today in a discussion of the conference report on the bill to reduce war revenue taxes. As passed by the senate the tax on tra actlons in so-called bucket shops was re- talned. The conferees struck out that pro- vision, it being explained that the house would not comsent to its retention. Mr. Berry of Arkansas, Mr. Bacon of Georgla and Mr. Pettus of Alabama insisted that the senate should demand the retention of the tax. Mr. Aldrich of Rhode Island, Mr. Allison of lowa and Mr. Spooner of Wi consin, while they were ln fuvor of the tax, explained that it could not be re- tained without endangering the entire measure. The conference report was adopted—36 to 20. The exclusion bill was read for com- mittee amendment, the reading occupylng considerable time. Soon after the senate convened today the following bills were passed; Providing for the promotion of anatomical science and for the prevention of the dese- cration of graves in the District of Colum~ bia. Appropriating $55,000 for a public build- ing at Sterling, T1l.; for the establishment of an assay office at Provo City, Utah: ap- propriating $15,731 to pay Robert J. Bpotts- wood and the heirs of Willlam C. Me- [ Clellan for transporting the malls in Colo~ rado in 1879; to aménd an act for the reliet and the civilization of the Chippewa In- dlans in Minnesota. Mr. Aldrich presented the conference report on the bill to repeal the war revenue taxes. After much discussion the confer- ence report was agreed to—36 to 20. Consideration of the Chinese exclusion bill was then resumed Mr. Simmons of North Carolina addressing the senate. He said he expected to vote for the bill, but was reluctant to do so, especlally because the cotton manufacturers of his state and the south generally were appealing against its enactment. They fear, he said, that It will lead to retallatory action on the part of China and that their market in the Orient might be checked if not destroyed. Mr. Simmons explained that he did not agree with the cotton manufactures and therefore, as the people of the Pacific coast and other sections were demanding the passage of the bill, he would vote for it. The bill was read at length, and then thé senate at 5:30 adjourned. Supreme Court Acts on Pine Case. WASHINGTON, Aprll 7.—In the United States supreme court an opinfon was de- livered today by Justice Brewer in the case of Pioe and others, agailust the city of New York and Comptroller Bird S. Coler. involving the right of the city to appropri- te all the water of & stream aloug which the complainants resided. The case was directed against the city by the cireult court of appeals, but today's opinion reversed that decisfon and re- manded the case for further hearing, with instructions to consider the question of damages Postal Company Wins, DENVER, April 7—The supreme oourt of C prado decided today that the Postal Telegraph company md? construct N along the right of way of the i'nion Pac rallroad. The Unlon Pacific and the West- ern Union Telegraph company had resisted the application of the Postal company for right of way. while he | {IRRICATION NEN ELATED Friends of the Measure Evidently Agreed Upon Control of Water. | CONSIDER CHANCE OF PASSAGE GOOD | Sonth Dakota Members Pushing the Free Homes Measure and Belleve "nw Receive Majority in the Sen | (From a Staft Correspondent.) | WASHINGTON, April (Special Tele- gram.)—Representatives of irrigation In congress are elated over the outlook for favorable legislation during the present session of congrees. Representative Mon- dell of Wyoming today filed his report upon the senate measure, and upon that measure the fight is to be made In the house upon this question in which the west fs vitally intorested. The interests which have been fighting the bill have been placated George H. Maxwell, chairman of the ex- ecutive committee of the Natlonal Irriga tion assoclation, sald today: “The bill as reported from the committee today meets with the full approval of the National Irri- | gation association and will receive its | hearty support. Every defect in the bill | to which the association has objected has been cured by amendment. The rights of Nebraska are protected beyond question by the amendment inserted in the bill bhaving relation to interstate use of waters and it will be our earnest endeavor to help the friends of irrigation pass this most Im- portant measure.” Mondel Representative Mondell, who has really borne much of the brunt of the fighting which has gone on in favor of some scheme of national irrigation. said today: ““The state control clause of the bill as originally drawn was offered by those living along the lower courses o' the Platte river. It not only recognized the validity of state laws relative to the appropriation and distribution of water, but also fended affirmatively to ex- tend the rights of Wyoming and Colorado to an extent which might jeopardize the interests of Nebraska. There was Do thought of dolng this watsoever, as It is universally recognized that in the arid region the rule of prior appropriation gov- erns and establishes the rights regardless of state lines, but In order to remove any fear of the effect which the language used in the bill might have an amendment was adopted as: follows: ‘And nothing herein shall affect the right of any state or of the federal government or any appropriate user of the waters in any interstate stream.’ This amendment recognizes clearly the well understood rule of the arid reglon that the state or the citizens thereof occupying the upper courses of a stream cannot deprive prior appropriators of water in another state lower down the stream The fact is that there has been a consid- erable misapprehension as to the views of those who drafted the original state con- trol clause and inasmuch as there was no thought or intention te change the rule of priorities in the arid region or to give any state or the citizens thereof any right to injdre or 12 ' ‘way effeer the rights of cltizens of other states, it was not difficult to adopt language which is believed clearly expresses the wish of all friends of irri tion." Change In Grand Senator Dietrich today announced that he had recommended Dr. H. C. Miller for postmaster at Grand Island, vice W. H. Explains Bi nd Postmanters. Harrisen, and Frank J. Hakel at Tuoby, Saunders county, vice A. B. Chapek, re- signed. In speaking of the Grand Island appoint- ment, Sepator Dietrich said: “Immediately after my election to the senate I announced that I would appoint Dr. Miller as post- master at Grand Island. 1 had known him for a very long time as a splendid citizen and a good republican. Mr. Harrison's term will expire May 5. I have no feeling against Mr, Harrison whatsoever. I have believed that a change would be for the better end I am carrying out my long ex- pressed Intention by making the nomina- tion."” Sepator Kittredge stated today that it was the hope of the friends of the free homes bill to get the Rosebud treaty bill, which has a free homes clause attached to it, before the senate on Wedneeday. and that while no definite agreement had been reached it seemed entirely probable that immediately after the morning hour that !day the bill would be lald before the senate for consideration on its merits. While a close canvass of the senate has not been mude the friends of the free homes meas- ure believe they have votes enough in the senate to adopt this feature of the bill not- withstanding the opposition of some of the older senators like Platt of Connecticut and Cockerill of Missourl. In any event it Is the intention of the South Dakota delega- tion to force a vote upon the proposition on the theory that if they are defeated they will not be in any werse shape than they are now. Littie Hope for Senator Allison and Representative Hep- burn of Towa had a conference today with the president relative to the consulship for George H. Vanhouten, one of the best known men of lowa, and secretary of the agricultural and horticultural societies of | the state, he being the founder of the lat- | ter society. Mr. Vanhouten is desirous of | getting to some country where he can con- | tinue Investigations along horticultural |lines. The president, however, gave the lowa contingent but little hope for any- thing in the immediate future, Congressman Hull of Des Moines stated today that he would not serve on the re- publican national congressional committee unless Representative Babcock, who has | been chairman of such committee for tho | last three terms, is continued in that ca- | pacity. Mr, Babcock has Insisted that his ! health would mot warrant his assuming the | position agalu, but republicans generally | are urging him te accept. | J. M. Edmiston of Lincoln is in the city. R. O. Fink of Omaha, who has been vis nhouten. | for Nebraska tomight. Upon motion of Sepator Kittredge, Con- | gressman Burke was today | practice before the supreme court | Congressman Burke has recommended Dr. | G. W. Potter for appointment as a member | of the board of examining surgeons at Red- fleld, 8. D. J. M. Fisher, mayor of Deadwood, 8. D., and wife are in Washington. | Live Bird KANSAS CITY, April at 10 live birds for the Cast Iron medal, scheduled for today between W. R. Crosby of O Fallon, T, and J. A R. Elllott of fanses City has been postponed on account of th Western league. be Leader April T.—The earl of berley, liberal leader in the House of Lords, | and former forelgn secretary. who has been {11l "tor_ some time past, suffered a serious | relapse this moralog. | | LoNDON | iting in Washington for some time past, left | admitted to | death of President Whitfield of the Kim- | | Temperature at Omaha Yesterdny: the negro, Will Randle, with a rifle yes- terday while resisting arrest. Randle w burned to death ju his own house after being fatally ehot. The dead are SHERIFF CHARLES GASSOWAY BOB WALLACE, who was killed and fell into the fire. HUGH JON P. A. PROUT, shot through stomach. JESSE DAVIS, shot in head Wounded: Willlam Gassoway, shot through abdo- men. James Payne, shot through chest; cannot live Robert Pattereon, shot in leg James Finuey, wounded in shoulder Gassoway, Prout and Davis died during the night Will Gassoway is barely alive thie morn- ing, and Payne cannot live FLORENCE, Ala., April 7.—Simon Simp- son, a negro, was killed as the result of yesterday's tragedy at Tuscumbla. Simpson went into a butcher shop and began cursing all men who had participated In the kil ing was ordered out by a white man nam Walker. The negro refused to go and advanced on Walker, striking him over the head with a heavy board, whereupon Walker seized a butcher's knife and hamstrung the negro in each leg and cut off the thumb of his right hand. The negro bled to death. Walker gave himself up to the authorities. DISGRACES A GOOD FAMILY Son of Former overnor of lowa in Prison, Convicted of Burglary. TACOMA, Wash., April 7.—(Special Tele- gram.)—By means of a photograph printed in the daily papers it has developed that “C. D. Emory,” sentenced to the peniten- tlary for ten years for burglary, is Peter Perley Lowe, son of former Governor Lowe of lTowa. The family reside at Keokuk. Former Chief of Police Hoge recalls having had Lowe in jail in Tacoma four y. .rs ago and at that time he recognized him as his old schoolmate at Ames college. Lowe made & full confession and said that after leaving college he had gone to China as captain’s clerk, there lost his position and finally worked his way back to Ban Francisco, ‘where his career of erime began. H 1d that he had served two terms in San Quen- tin: ho also eerved onp term in Dregon and one at Waila Walla prison. At college Lowe enjoyed the reputation of being the most intractable student, though always standing high in his cl His first bur- glarious exploit was the robbing of his own kome in Keokuk during the absence of his oarents. CHICAGO INVITES KRUGER Sends Message Throngh Mayor Har- rison to the President of the Transva, CHICAGO, April 7.—Mayor Carter Har- rison today forwarded to Paul Kruger, at The Hague, through Montague White, spe- cial Boer envoy, the following invitation to Si: In compliance with the unanimous wish expressed by the city council of Chi- cago in a resolution on the ISth day of March, 1902, T have the honor to invite vou, sir, to visit the city of Chicago as its guest, at the earliest date compatible with your duties pd engagements and (o extend to vou the freedom of the eity on the occasion of your visit CARTER H. HARRISON, Mayor. Accompanying the invitation s the reso- lution, preceded by a long preamble, ex- pressing sympathy for the Boer cause and deploring the long continuation of hostili- ties. The Invitation and resolution ars elegaitly engrossed on vellum and bound i seal PORTLAND PASSES DIVIDEND President Burns ¥s Exactions Smelter Trust Are Partially Responsible. COLORADO SPRINGS, Colo., April 7.— (Special Telegram.)—In & statement to the stockholders of the Portland Gold Mining company, issued tonight, President Burns says the directors decided to pass the usual quarterly dividend because of increased ex- penses for mill construction and curtailed productfon. Shipments have been cut down, he says, because: of the increase In already excessive charges by the mill and smelter trust and the unjust system of sampling adopted by the smelters. President Burne denles all rumors of & pending sale, and says the mines were never in better physical condition and that the company will be ready to handle its ore at ]lls own mill by May 15. WRECK ON GREAT NORTHERN Engine and Seven Passenger Conches Deralled, but No Fatalities Reported, SPOKANE, Wash., April 7.—Great North- ern passenger train No. 4, eastbound, was wrecked this morning at Winchester, 133 miles west of this city. Raillway | here refuse to make any statement except to assert that no one was killed The best advices obtainable are that a high wind this morning blew a freight ca out on the main track. The passenger tratn struck It at tull speed, deralling the | engine and seven cars. The fireman is re- | ported badly injured and it is believed many passengers were hurt. A wrecking train, carrying doctors, left here about 9 o'clock RICH STRIKE MADE IN GOLD in ped on Property rles Millard in Mout Prolific Vel of ¢ VIRGINIA CITY, Mont., April 7 ~One of | the richest gold strikes In the’ state has | been made in the Kearsarge mine at Sum- mit. The veln is over a foot in width, re- ported to be almost pure gold. The prop- | erty is owned by Charles Millard, son of 4 United States Sesator Millard of Nebraska. CONDITI(;N OFWTHE WEATHER | our, Hour. Des. 5 om 1 . . 42 6 a. 2 pom. 4 7 . apom. 4 . A pom. as a B p o m...ios 4D " “ oo asl| " T 7 m. ~ " ) o 44 Twe Mortally Wounded and Two Seriously Hurt by a Degs perate Negro. TUSCUMBIA, Ala., April 7.-Five men are dead, two mortally wounded and two seriously hurt as a result of the work of oMetals | NEW NERGER SUIT 0N State of Washington Presents Oase to Federal Supreme Court. ASKS FOR AN IMMEDIATE HEARING Bill Makes Northern Pacific and Great Northern Defendants, CHANGES TACTICS FROM MINNESOTA Follows Out the Same General Line in the Complaint, However, { COURT WILL GIVE AN EARLY ANSWER Former Attorney General pears igas A for Ratlrosd Companies and Argues the Legality of Merger, as Counwel WASHINGTON, April 7.—Attorney Gens eral Stratton of the state of Washington today brought to the attention of the United States | supreme court the desire of that | State to bring suit to prevent the merger {of the Northern Pacific and the Great Northern railrcads by moving for leave to file a bill of complaint on behalt of the state against (he Northern Pacific and the ;Hx'rn: Northern rallroad companies and the Northern Securities company. In making the motion Mr. Stratton said that counsel | for the defendants were present and pre- pared to proceed with am oral argument It the ccurt was prepared to hear them, adding that the case involves the same questions as were presented in the Minne- sota casc. He added that an Immediate hearing was desired because it involved another trip from the state. Ex-Attorney General Griggs, who was present as the representative of the rallroad companics, acquiesced in what Mr. Stratton said as to the desirability of an early hear- ing, but the court declined to announce an immediate decision on that point. The chiet justice said, however, that an early response would be given. Makes Rallronds Defe ants. In connection with his motion for leave to file his bill of complaint Mr. Stratton submitted coples of the bill and a brief in its support. To avold the objec.ion under which this court refused to entertain the bill of the state of Minnesota against the Northern Securities company, the state of Washington has made the Great Northern Railway and the Northern Pacific Rallway companies defendants. The bill asks for a general order of re- straint and injunction, and s a general re- cital of the acts of merger which it is claimed are In contravention of the laws of the stato of Washington prohibiting the consolldation of competing lines of rallroad, 1t is charged specifically that “the North- ern Securities company was organized solely for the purpose of carrying out and accepting the designs, agreements and plans .of James J. Hill and J. Plerpont Morgau, and their assoclate stockholders, to effect & conselidation of the propefty, railway lines, corporate powers and franchises of the Great Northern and Northern Pacific Railway companies, respectivgly, through the Northern Securities company.” Termed n Conspiracy. This combination is characterised as conspiracy’ and it Is asserted that the in- | terest of the individual stockholders in the property and franchises of the two raip- way companies was to terminate and to be converfed into an interest in the property and franchise of the Northern Securitie company. The interests of the individual stockholders were no longer to hold an in- terest in or derive their dividends from the earnings of either said rallway com- | panies, but rather from the earnings of | both systems collected by such holding cor- | poration. That the defendant, the Northers iSer-urlHex company, is not only exercising | the right of ownership of such stock, but | also dictating the management of sald rail- way companies. | The interest of the state in maintalniug | independent lines of road Is fully set forth and in the accompany brief the legal rea- sons in support of the action are set out v detail. Among these is the plea that w the eupreme court assumes jurisdiction tl state of Washington s withou a forum to | which the controversy may be presented. | The brief, referring to the former cass | brought by the state of Minnesota, says: Authority of Recent Decislon. Under tha authority of the recent deel- slon of this court in the atate of Minn against ' the ‘Northern Securitios compuny. it is clear that the Northern Pacific a Great Northern rallway companies are parties defendant, not “only in this, but hy other court Raving equitable. hulsdi o in an action brought by the stute of Washington ugainst the Northern Securi- tiex company This rule bars the state of Washington from maintaining such an action in the courts of New Jersey, for the reason that sald rallway companles are not within the state the purpose of glving the court Jurisdiction over them. An action against the Northern Seeuti- tles company will not lle in the state of Washington, for the reason that the courts are powerless to obtain jurisdiction over its_person. Careful ‘Inquiry has been made, and it has been foun that the state of New York s the only state in the nation in which each of sald parties defendant hi designated an agent upon whom court pr cess may be served, and it (s clear fhat such an action against the defendants, all being non-residents of (he state of New York, cannot be maintained thereln, under | section 1780 of the New York code of civil procedure. Briefs Filed in Opposition, Two briefs were flied in opposition to the prayer of the complaint, one of these being by Messrs. George B. Young, M. D. Grover and C. W. Dunn and the other by former Attorney General John W. Grig Mr. Griggs takes (he position that the bill of complaint does not present a case of controversy of a civil nature, which un- der the constitution and laws of the United States Is justifiable in this court, that it 18 4 suit to enforce the local law and poliey of a state whose right to make laws ani | to enforce them exists omly within itselt and by means of its own wgencles and fs limited to its own territory and that ‘whatever the law of the state of Wash- ington is on the subject of consolidation of railroad corporations, it is a mupicipal or police law and not one conferring rights {ef a proprietary or contractural nature. No Outside Ald Avallable, He contends that “‘neither the courts of the United States nor afly other jurisdic- tion outside of the state of Washington will lend their aid to the enforcement of the police laws of Washington.” He points out that uone of the acts com- plained of Is alleged to have been dono vithin the jurisdiction of the state of hington and says ery specific thing churged in the bil { complaint as having been done by ihe Northern Securities company @nd its stock- holders and by the stockholders of the two rallway companies was In the exercise of a usual, universally conceded right in and over persoial property—the right to buy, N