Omaha Daily Bee Newspaper, May 22, 1902, Page 1

ESTABLISHED JU THE OMAHA DAILY BEE. E 19, 1871. OMAHA, THURSDA MORNING, MAY 22 22, 1902—-TEN PAGES. - ———— SINGLE COPY FIVE CENTS. UNVEILS THE SHAFT| . President Roosevelt Dedicates Monument to Bpanish-American War Dead. MAKES ADDRESS TO HIS COMRADES Men in the Ranks Who Helped Make Ouba Free. | PLEDGES OF WAR REDEEMED IN PEACE 1 Oalls Ocoasion Befitting Bequel to Oere- i monies in Havana Day Before, i Praises the COMMENDS WORK OF GENERAL WOOD Says His Gallant Services on Battle- fleld Are Surpassed by His Ab of Island WASHINGTON, May 21. — Presfdent Roosevelt today unveiled th morial shaft erected at Arlington by the National foty of Colonial Dames, in memory of ithe veterans who fell in the recent struggle between Spain and the ed States. Around the platform an immense crowd gatbered, among whom were many men who saw service in Cuba, Porto Rico and the Philippines. The ceremonies were in charge of Major General John R. Brooks, com mander of the Department of the East, the military establishment being represented by & battalion of engineers, a battalion of marines, a light battery of the Fourth ar- tillery, two squadrons of the Becond cavairy and over 500 veterans of the Span- ssh-American war. The services began with the playing of “The Dead March from Saul,” followed by & surpliced cholr singing “Onward, Chris- tian Soldiers.” Prayer was sald by Bishop Batteriee, and the entire audience joined tn singing the national hymn. Lieutenant General John M. Schofleld, U 8. A, retired, /then read the sd4vess of the president of /the national society, Mrs. Justine W. R. |Townsend, at the conclusion of which the 'shaft was unveiled amid the cheers of the /thousands who had surrounded the stand. Address by the President. As the shaft was unvelled the artillery dent Roosevelt delivered the following ad- ““Mrs. President and Members of the So- clety and You, My Comrades (cheers and applause) and finally Officers and Men of the Regular Army (cheers and applause) Whom We Took as our Models (applause) in the War four years ago: It is a pleas- ure to be heré this afternoon to accept in the name of the nation the monument put up by your soclety in the memory of those who fell in the war with Spain—a short war, a war that called for the exertion of oply the merest jon of the' glant strength of this nation’ (spplause), but a war the effects of which will be feit through the centuries to come. “It is eminently appropriate that the monument should be unvelled today, the .day succeeding that on which the free re- public of Cuba took its place among the inations of the world as a sequel to what was done by those men who fell and by their comrades in 1898. (Applause.) Speeific Pledge Redeemed. “We went to war for a specific purpose. | We made for Cuba & epecific pledge and we | redeemed that pledge to the letter. (Ap- plause.) And I think, my comrades, that we have pecullar reasons to be proud of of our fellows who served with us in that war and upder whom during the last years Cuba has begn sounder, under whose ad- ministration Cuba has taken those strides “forward which have fitted it to stand alone ~I speak of General Leonard Wood (cheers). And great were the services that General Wood rendered during the war they have been surpassed by the inestima- ble service he has rendered in peace to Cuba and therefore to our nation, for our interest was-bound up in the success and welfare of Cuba. (Applause) Aud, s word here where meet to bonor the memory of those drew the great prise of deatd in battle, a word in reference to the survivors. I think that @ne lesson every one who was capable of learning, learned from his experience in that was was the old, old lesson that wi meed to apply in peace quite as much—the Jesson that the man who does not care to o any act until the time for herolc ac- tion comes, does not do the heroic act when the iime does come, (Laughter.) All Hed Greai Ideals. “You all remember, comrades, it is barely possible some of you remember belng the man, who, when you enlisted, had a theory that there was nothing but splendor and fighting and bloodshed In the war, and then bad the experience at once of Jearning that the first thing you had to do was to per- form common place duties, and perform them well. I remember one time in my regiment a young fellow who bhad come down to fight for his country, complained that he had been doing nothing but diggiug kitchen sinks (laughter) to which the ans- wer was obvious that he was to go on dig- gng kitchen sioks. And then the work of any man in the campaign depended on the resolution and effective intelligence with ‘which he started about doing each duty as it arose, mot waiting until he could choose the duty that he thought suficiently spec- tacular to do; doing the duty that came came to band, that is exactly the lesson that all of us meed to learn iIn times of Ppeace. -, Great Thing te Be Ready. “It is mot merely & great thing, but an et i . E5E 4] [ INVADE CAPITAL Port Au Prince Sum- moned to Defend the City. ARMY TO All Citizen PORT AU PRINCE, Hayti, May 21.—The army of the north, numbering about 4,000 men, commanded by General Firmin, the most powerful candidate for the presi- dency of Hayti, arrived today at Arcabale, two days’ march from here, The provisional government moned all + and as bas sum- “tens to defend the capit L %, ;he_entire population of Port Au Pro "%y " gnder arms. The people « smojted and seem determined to make ", resttance to the entrance of the g, lq,, north into this city. The genersr ‘that it Firmin persists in his intedt.. 5 at- tempt to force an entry into Port Au Prince a severe engagement will follow. As this dispatch je sent the beating of drums can be heard on all sides and armed men are gathering for the battle. The members of the diplomatic corps as- sembled here this morning and decided to protest against the entrance of the north- R army into the capital. Unfortunately this protest is not likely to have mucn effect, as there are no forelgn men-of-war in the harbor. Regret 1§ especlally ex- pressed at the absence of a United States warship from Port Au Prince. The United States crulser Topeka sailed from Port Royal, 8. C., for Port Au Prince, May 16, to protect American interests. It s due to arrive at ite destination today. LOUBET WARMLY WELCOMED mt of France Given Great Ovation by People of St. Petersburg. TSARKOYE-SELO, Russia, May 21.—The czar and President Loubet arrived here yesterday afternoon. The czar accom- panied his guest to the palace, where Pres- ident Loubet will reside. The president of France called upon the czar and the crarina. The Prench naval officers have been ac- corded a reception from the,people only a degree less enthusiastic than that given to President Loubet himself. Russian ma- tional officers are fraternizing with the Frenchmen and accompanying them on ex- cursions to points of interest about St. Petersburg. The sight of a French uniform is every- where the sign for an ovation. There will be given a banquet in the evening in honor of President Loubet's visit in the magnificent Salle de Faes. The czar, President Loubet, the czarina and the dowager czarina attended a great review of troops today. His majesty, on horseback, and M. Loubet, the czarina, the dowager czarina and the Grand Duchess Sergius in a carriage, passed down the front of the ‘troops, attended by brilltant suites. The imperial and presidenual cor- tege receivéd an ovation from the large crowds of people whigh assembled to wit- Dess the military display. REVOLUTION TO BE ENDED Colomblan Government Takes Ef- fective Measures to Restore PANAMA, Colombia, May 21.—The gov- ernment forces began to leave Panama at 5 o'clock yesterday morning. In all about 2,000 men under the command of Generals Amaya and Salazar will proceed against the insurgent Before he left the city General Salazar sald: 1 intend to attack the rebels immedi- ately. 1 expect to receive, within the next reinforcements of 3,00 men -operate with the troops lea today. The rebel Gener: orces, will be attacked by over 5,000 of the best soidiers in the re- public, as well y a fleet sistance can be but ment has been victorious in the Interior of the republic and it can send, if neces- sa; ,00 more men to end the revolu- tion ‘on the isthmus. Fifteen thousaud government soldiers re main in Panama to protect the city. Te Stremgthen Hold in Poland. BERLIN, May 21.—A bill providing for strengthening the German element in the Polish provinces of Prussia was intro- duced in the Diet today. It increases the amount of funds at disposal for establishing settiements in West Prussia and Posen from 200,000,000 to 350,000,000 marks, and assigns an additional 100,000,000 marks, and | for the purchase of more estates, in those provinces, suitable for peasant settlement, ete. EARTHQUAKE IN FLORIDA hocks Felt in St. Augus. * Period of Three Hours. ATLANTA, Ga., May 21.—A special to the Journal from St. Augustine, Fla., says: Almost continuous shocks, presumably of earthquake were felt here from 9 o'clock until midnight last night. The earthquare was accompanied by & succession of short but decisive far out at sea. The sounds were unlike thunder, having Do reverberating roll and were accompanied by decided tremors, while the sky in the southeast was suffused with @ glow. The reports came at intervals of perbaps three minutes and persons who remember the earthquake at Charleston say the nolsgs were very similar to the subterranean nolses accompanying that oc- currence. The und traveled from the south to southeast, The night was perfectly clear. A num- ber of citizens gathered on the sea wall and timed the Intervals between the re- ports. CHARLESTON, 8. C. May 21.—The local forecast officials reported todsy that he observed voleanic dust in the air last night. A red sunset was caused by the particles. BRINGS SUIT AGAINST COUSIN y J. Crocker Sues Willlam B Crocker for Claim Over Jockey Club Property, SAN FRANCISCO, May 21.—Heory J Crocker bas brought suit against his cousin, Willlam H. Crocker, asking $89,475 dam. Hexry Crocker was owner of 750 shares of the Pacific Jockey club. "He was also the owner of 665 shares of Western Turf assoriation stock. Henry Crocker asserts that he turned bis raclag stock over to his cousin to sell for to the best advantage and that Wil- H. Crocker manipulated the stock in Interest. having entered into an TERRORIZED BY ROBBERS| Two Oounties in Bouth Dakota the Scene of Their i BLOW OPEN BANKS AND HOLD UP PEOPL YANKTON, §. D., May 21.—(Special Tele- gram.)—Wild pioneer days are revived in Charles Mix and Hutchinson counties by a band of bank robbers who have been operat- Ing for the last few weeks. Banks at Bcotland, Ethan and several other points were blown open ind robbed in quick sue- cession. At Ethan robbers operated after the style of the James boys with a guard mounted at the front door and with the in- habitants looking on from & safe distance, called out by the noise made in blowing open the vault. Monday night the bank at Harrison was robbed. In making thelr escape from there the robbers became bolder and more desperate, driving on the country roads with teams they took from farmers and stopping several times during the day to exchange when they met a likely looking pair of drivers and their own were becoming tired, summarily dump- Ing out farmers and their wives from rigs they appropripted. . They boldly drove through Wagner in broad day and though known ‘to be robbers who were wanted were not molested. The whole region of their depredations is terror stricken today as the story of their late raid is learned and no farmer will start from home with- out arms. A posse left Avon today in chase of them and officers generally are out in pursuit. Robbers entered the barn of George Hol- ton fn the heart of the residence section of the city at 3 o'clock this merning and stole a team of horses and buggy. They were seen by neighbors as they drove out at full speed and the alarm was given, but 0 far the men have not beew captured. It is belleved they are the bank robbers who broke into the bank at Harrison night be- fore last. MANSFIELD NOT DISTURBED Enjoined from Playing Cyrano Bergerac, but Says Decision is of Little Effects de CHICAGO, May 21.—Judge C. C. Kohls in the United States district court toda: issued a perpetual injunction against the production in the United States of Edmond Rostand’s pla; yrano de Bergerac,” in the suit brought against Richard Mansfield and A. M. Palmer by Samuel E. Gross of Chicago. The court in ite order ruled that Mr. Gross was also entitled to an account- ing of the profits from the play, but Mr. MAGOON IS OUT OF THE RACE Statement Secreiary Reot Desired Him in His Present Position. (From a Staff Correspondent.) WASHINGTON, May 21—(Special Tele- gram.)—Judge Charles Magoon, law officer of the division of imsular affairs of th War department, who was onec of the lea ing candidates for the appointment to fill the vacancy on the bemch of the court of claims made by the death of Judge Davis today formally withdrew his name from the list of candidates. It is understood that Judge Magoon was imfluenced in this | course by the earnest desire of Secretary Root, who felt that it would be much easier for the president to secure a suita- ble judge of the court of claims than it would be for him (the secretary) to secure a law officer for this important division of | the department who was qualified in the | same measure as Judge Magoon to deal with the many intricate and important questions arising almost dally In comnection with the insular administration. Representafive Neville was today recog- nized by Speaker Henderson for the pur- pose of calling up the senate bill authoriz- ing the sale of a part of the Fort Nio- brara military reservation to the city ot | Valentine for a park, cemetery and other purposes. The bill was passed without any | objection being made to it. Representative Burkett received a tele- gram from Thomas Parmalee of Platts- mouth today calling attention to the bill introduced by Mr. Burkett vesterday pro- viding for a pontoon bridge across the Mis- souri river at Plattsmouin. Mr. Parmalee stated that the bill should have read be- tween “Cass county, Nebraska, and Mills county, Towa.” As it was introduced yes. terday it read between Sarpy county, Ne- braska, and Mills county, lowa. Plenty of Money for Fort. \ Representative Hull stated today that Fort Des Molnes would receive this year in the way of appropriations $200,000 by &pecial appropriation, $300,000 in the sun- dry civil bill and between $40,000 and $60,- 000 for sewerage, this being money enough to build permanent barracks for five com- panies. Colonel Hayes, commandant at Fort Meade, was in conference today with War department officials _respecting improve- ments at the post. The sundry civil bilt now in conference contains an appropria- tion of $100,000. If this jtem is added build- ings at Meade recently destroyed by fire will be replaced by permanent structures. Postmasters appointed: Iowa—Alexander McDonald, Ehler, Dela- ware county; A. J. Bowen, Waubeek, Linn county. Wyoming—A. M. Barber, Clark, Big Horn county. The comptroller of the currency has ap- proved the First National bank of Chicago as reserve agent for the First Natlonal bank of Canton, S. D. The postoffices at Jullan and Centralia, Dubuque eounty, Ia., were ordered discon- Gross waived this right and accepted $1 aa satistaction. Mr. Gross is the author of a drama enti- tled “The Merchant Prince of Cornville the leading character of which was Ais- tinguished by the big mose that made Cy= rano famous. This drama, Mr. Gross main- Aained, was printed for private circulation #ome time before the appearance of the cel- ebrated French play and according to ex- pert testimony was the basis of Edmond Rostand's work. In court numerous paral- lels, both of plot and language, were shown. The most important of the similarities in the two dramas was the wooing by proxy of the leading characters in a balcony scene—made notable in Cyrano by Mr. Mansfield's production. DENVER, May 21—Richard Mansfield | made the following statement this after- ! noen to a representative of the Assoclated { Press regarding the injunction fssued by | Judge Kohlsaat: “The decision of Judge Kohlsaat can have no effect upon the presentation of ‘Cyrano de Bergerac' beyond the fact that Mr. Gross will receive royalties in the future instead of Mr. Rostand. What effect it will have in France {s an entirely different matter, but it probably may result in the Theater Francais and the great American snd European artists overwhelming Mr. Gross with orders for plays and Chicago may in the future be the center of another tinued after May 31. Albert L. Fahrenwald of Yankton, 8. D., has been appointed farmer the Indian school at Fort Shaw, Mont. ., CENSURES CANADA ; RAILWAYS Representative Shatt Says They Are Imposing on Immigra. tion Laws. WASHINGTON, May 21.—The house began consideration of the immigration bill to- day. The principal speech was made by Mr. Shattuc of Ohio, chairman of the com- mittee on immigration. He was especially eevere in his condemnation of the manner in which immigrants are introduced through Canada by Canadian raflway and steamship companies Mr. Wood of Alabama gave notice of an amendment to provide an educational test, and much of the discussion during the day was upon this subject. The house earlier in the day settled three contested election cases in favor of sitting members and passed a mumber of bills of minor importance. The house today recelved official nobifi- cation of the exercises attending the un- velling of the statue of Marshal De Roch- ambeau in Washington on Saturday next. pew Industry. CONSIDER FOREIGN MISSIONS Year Just Passed Best Onme in His- tory of Presbyterian urch. NEW YORK, May 21.—The general as- sembly of the Presbyterian church in the United States gave up the early part of today’s session to the consideration of for- eign missions. Rev. Howard Duffield of the old First Presbyterian church, this city, made an address in which he pleaded the cause of the “old-fashioned gospel.” Rev. Dr. Dosald C. MacLeod of Washington, D. C., offered & resolution de- | ploring the spread of Mormonism and com- mending Westminster college of Salt Lake City for its work in training workers in the Mormon field and for “‘emancipation of many vietims of that cruel and blighting system of false doctrine.” Time not per- mitting, o action was taken on the.reso- Jution. Rev. Dr. Courtenay H. Femn, pres- bytery of Pekin, as cheirman of the stand- ing committee on foreign missions, pre- wented the report of the committee, which contained a review of the national board of foreign missions. The report declared that last year was the best one ir the his- tory of the Presbyterian foreign missions. The board had been able to get through the year without debt, and a mumber of persons in heathen lands had become mem- bers of the church. The total receipts for the year were §1,128.577, against $998,325 for the year before, mainly due to large sums received as legacles. The report as pre- sented contained the following ‘Whence comes this gain? Is it from a church quickened and Ins with m: slonary zeal? Not at all Ve may as well face the shameful fact that in the year of America’'s greatest financial prosperity, in which ost every yterian has shared; in this year of aggressive advagce, had it not Lo home been that thy rd has calhd of Foreign Missions ported 1o this assembly a small one either. GOVERNOR DIRECTS INQUIRY Names Hoard to Determine Whether Attorney Made Statement At- tributed to Him. DENVER, May 21.—Governor Orman to- day appointed & court of inquiry to es- tablish the truth or falsity of & sewspaper interview with Adjutant Genmeral George W. Gardmer, who was quoted as having sald that in his opinion the smow slide at Telluride, resulting in great loss of life, was & visitation of the wrath of God on the miners of the district for their conduct Quring strikes. Gardoer bas denied that be was quoted. On motion of Mr. Payne of New York the house agreed to adjourn over from Friday to Monday In order to take part in the ex- ercises. Number of Bills Passed. A bill was passed providing that the statutes of limitation of the several states shall apply &s a defense to actions brought | in any cpurts for the recovery of lands pat- ented under the treaty of May 10, 1854, be- tween the United States of America and the Shawnee tribe of Indians. Other bills passed as follows: Granting bomesteaders on the abandoned Fort Bridger, Fort Sanders and Fort Laramle military reservations, Wyoming, the right to purchase ome-quarter section of public land on sald reservations as pasture or grazing lande; to authorize the erection of bulldings by the international committee of the Young Men's Christian association on reservations of the United States; to au- thorize the sale of Fort Niobrara military reservation in Nebraska; to regulate com- mutation for good conduct of United States prisoners. Other measures passed were the: Granting the Grand Army of the Republic the right to be quartered in the unfinished government printing office dur- ing the coming pational encampment; au- thoriging the Santa Fe Rallroad company to sell or lease its property and franchises. Throws Lents Out. By unanimous vote the house seated Charles R. Thomas from the Third North Carolina district, whose seat was contested by John F. Fowler. The contest of ex- Representative John J. Lentz against Mr., Tompkinss from the Twelfth Ohlo district was settled in the latter's favor. The same action was taken with Mr. Rhea of Penosylvania concérning the right of the seat for the Ninth Virginla distriet, ke contestant, James A. Walker, having died. The immigration bill was then taken up under & special rule, giving it the right of way. Mr. Shattuc opened the debate with a speech elaborately presenting the various immigration problems and explaining the corrective purposes of this bill. In part he said: “The immigration laws of this county are flagrantly violated. Those Cadadian steam- ship agencies in Burepe €o not Desitate to advertise openly and guarantee to their passengers, the good, bad and indifferent, that they shall be safely delivered into the United States and ny questions asked if they will only take passage via Canada. I bave their bills so advertising. “It can be proven that obe of the Canpa- dian railways is in the Chimese passenger trafiic regularly and is assisting the smug- slers by stapping its passenger trains sev- eral miles out of a certaln city and dis- charging the Chinese in the country where Wagons, built especially for the purpose, take whole gangs over the lines, and iz this way thousands of Chinese euter the United States™ SN o S PALMA NOVES INTO PALACE New President of Ouba and His Family Ocoupy Exeoutive Mansion. NATIONS SEND WARM CONGRATULATIONS Joins with Others in Express- ing Interest in Success of New Republic—Bry. Others Well Impressed, (Copyright, 1%2, bx Press Publishing Co.) HAVANA, May 21.—(New York World Cablegram — Special Telegram.)—President Palma and his family moved into the palace todey from General Gomez's house. The president has received many telegrams of congratulations from the United States, Spain, France and the Latin-American re- publics. Among them that came today was this one from United States Secretary of War Koot : “Believe in my heartfelt congratulations upon the inauguration of the republic which the people of Cuba and the people of the United States have fought and labired together to establish. With confideace in your uneelfish patriotsm and courags and in the substantial civic virtues of your jeo- ple, 1 bld you Godspeed and on this happy day wish for Cuba for all time liberty and | order, peace and prosperity.” President Palma replied “I am deeply moved by your heartfelt message of congratulations on the inaug- uration of the republic of Cuba, to the birth of which the people and the govera- ment of the United States have contcib- uted with their blood and treasure. Rest assured that the Cuban people can never forget the debt of gratitude they owe to the great republic with which we will cul- tivate the closest relations by friendship and for the prosperity of which we pray to the Almighty."” Message from Loubet. President Loubet of France wired: “At the moment when your excellency takes official possession of your high du- ties I address you my sincere congratula- tions and I pray for your personal happi- ness and the prosperity of the Cuban re- public.” The presidents of Costa Rica, Mexizo and Guatemala and the provisional government of San Domingo have cabled warm con- gratulations. President Palma and his cabinet and the senators yesterday went up to the cathe- dral, where a Te Deum was sung, Arch- bishop. Barnada officlating. He had at- tended the inauguration in his purple robes, greeting the president cordially and uring him of the co-operation of the church. The Cuban senate was occupled today in scrutinizing the credentials of delegates. The cabinet was closeted with the presi- dent for the purpose of perfecting its or- ganization and arranging a program. Nearly all the old government employes will be retained temporarily. Fernando Fi- gueredo, the new director gemeral of posts and telegraphs, has assumed his dutles. Postal Relations Unchanged. The postal relations with the United States will remain as they were during the American occupation. The former director general, Charles Hernandez, has been ap- pointed postmaster of Havana. Senators Mason, Jones and Money, Senator Thurston, Governor morning for the United States. A large statue of the goddes of liberty has been placed on the pedestal in Central park formerly occupied by a statue of Queen Isabells of Spain, which the Span- fards removed before evacuation. The god- dess of liberty holds a large electric light in her right hand and in the left a shield with the word “liberty” across its face. A singular feature, however, is the presence of thirteen stars on the shield. Late last night a terrifying explosion oc- curred in front of the Inwlaterra hotel, se- riously injuring eleven persons. . The whole stock of a passing vender of bombs and fireworks had been discharged by a boy throwing a glant cracker among his wares Ambulances quickly removed the injured | to hospitals. During the day three others were badly injured by firework: Americans Are Lmpressed. W. J. Bryan and the United States sen- atorial contingent, who sailed for Key West this morning, were all more impressed with the chances of the endurance of the republic than when they came here. Bryan sald there was no reason why the republic should not be a success, and Sen- ator Jones expressed the opinion that if it could weather two years it might be perm- anent. The {llumication of this city last night probably was mever surpassed in an Amer- ican ciiy. The facades of the hotels and lines of the arches were picked out in electric light, Japanese lanterns, swung from living trees, in the parks, colored lanterns of some anclent design glowed above the door of nearly every residence, and the driveway leading to the ocean front was roofed with a myraid of multi-colored globes. The feature of the fire works displayed from the forts across the bay were an immense Cuban flag, which rose in the heavens and floated over the city and por- trats of President Palma, General Gomez, General Marti and other Cuban patriots. Significant of the acqulescence of the wealthy Spaplards in the new government was the fact that a Cuban flag was hoisted over the Casino, by the side of the bamner of Spain. Under the charm of a night and the beauties of {llumination much of the boister- ouspess of the afterncon disappeared and the crowds became quiet and orderly. Only a few accidents were reported and these were principally due to the explosion of glant fire crackers. The general festivities were resumed at dawn today, whem the buglers sounded the revellle in all parts of the city and the bands gave their morning concert. At 8 o'clock the foundation stone of the triumphal arch commemorating the in- auguration of the Cuban republic was laid, with appropriate exercises on Independence avenue by the Circule Naceional. This afternoon the theaters were thrown open and free perfortances were given. Tonight a great public feast will be beld on the Prado. ' Colonial Dames in Session. WASHINGTON, May 21.—The biennial convention of fhe National Society of Colonial Dames began here today. Reports of officers were received. Onbe hundred and fifty members of the society are here. In the afternoon the members attended the dedication of & table at Arlington in mem- ory of the soldlers and sallors who fell in the Spanish-American war. President Returns to Washington. WASHINGTON, May 21.—President Roose- velt arrived in Waskington at 7:30 s Al a0 Jennings of | | Florida and Colonel W. J. Bryan left this | were hurried to the scene, but when they Mr. | CONDITION OF THE WEATHER Forecast for Nebraska- Partly Cloudy and Warmer Thursday r. Friday Fai Yesterdayt Crasnann=y THIRTEEN BODIES RECOVERED Vietims of Fraterville Mine Disnater Letters to Their tes. KNOXVILLE, May 21.—The latest esti- mate a8 to loes of life in the Fraterville coal mine disaster at Coal Creek s 226, including ccntract miners, day laborers and | boy helpers. The last find reported was thut of thirteen bodies, in an entry, and with these, all of whom were dead, were found six letters, written by five ‘men be- | fore life became extinct. One of these letters gave the time of | day it was written, at 2:30 o'clock Monday afternoon, thue indicating that these and perhaps other entombéqd men lived many hours after the terrible explosion, which occurred Monday morning at 7:30 o'clock. The letters gave a general suggestion of the suffering that was undergone, indicat- ing that the men were gradually, being strangled to death by the foul air that was entering and gaseous air that was flling | the mine. One piteously read, “My God, for another breath.” The letters in the main were directions | to families as to what dispositions should be made of the writers' bodies and business affaire and instructions as to raising the families. President John Mitchell of the Mine Workers of America has sent $100 for the relief fund and Mr. Howe today an- nounced that the Mine Workers of America would at once expend §1,000 for the needy families of its members who died in the mine and more will be available if needed. MUTINY ENDS IN FATALITY Desperate Prisoner Kills G nd is Dangerously Wounded in Attempt to Eseape. CANTON, O., May 21.—George Jacob is dead, Homer Stome probably fatally wounded, Chhrles Giganti dangerously, if not fatally, wounded . This fo brief was tbe situation at the Starke county workhouse today after a | murderovs assault committed by Gigant! in an attempt to escape from the brush and broom shop in which he was working. Gigauti snatched a revolver from a guard and begau shooting. The first man to fall was Ceorge Jacob, a former guard at the workhouse, but who, at the time, bad charge of soma contract work in the shop. Guard Homer prumptly came to the rescue and shots wers exchanged between him and Giganti, Stome received a wound in the ar and snother in the body near the heart, und is probably farally injured. Oi- gantl's wounds are pronounced very dan- | gerous. In the midst of the shooting an attempt was made by other prisoners to escape from the workshop, but the guards man- aged to bold them by the ald of some trusties. A call was sent department and ali to the Canton police the officers available larrived the prisoners had been subdued. RAIN DEMORALIZES TRAFFIC Six Hours Downpour Near La Crosse, Wisconsin, Causes Many Washo: LA CROSSE, Wis., May 21.—Railroad trafic is practically demoralized here to day, owing to six hours rain in this vicin- ity, which caused a great many washouts on roads leading into La Crosse. On the Chicago & Northwestern road | there has not been a train since last even- | ing and a couple of trains are held at El- roy, walting until a bridge near there which was washed out can be replaced. | There also are several washouts between Sparta and Elroy. At River Junction, on the Chicago, Mil- waukee & St. Paul road, two miles from | here, there is another large washbout and | the fast mail is held there. Between here | and Austin, Minn., several washouts are re- | ported. The worst place is at Houston, | where the whole town is under water. Many valuable race horses on the lowlands | owned by D. J. Cameron of this city are in | danger of being lost. Another serious washout is near Lansing, la. Root river, & small stream in eastern Minnesota, is on & rampage and much dawage is feared. No | drownings have as yet been reported. SEVERE STORM IN OKLAHOMA Buildings and Bridges Wrecked and s Damaged by the May 21—A heavy wind and rainstorm passed over Oklahoma after midnight last night, washing out bridges, wrecking several houses and dam- aging crops badly. No fatalities are re- ported. Three miles south of Guthrie a water- spout_struck, demolishing several houses. At Davenport, thirty miles east -of Guthrie, six houses were wrecked and much stock was killed. At El Reno, Bridgeport, Kingfisher and the intervening country nearly four inches of water fell. At Kingfisher the water was the high ever known, and two town bridges were washed out, while another was completely submerged. A bridge on the North Canadian river at Bridgeport s also gome. There was much damage to crops by overfiow and washing. DEATH THE RESULT OF A JOKE Wor Dies of Burns from Kerosen Poured Out by Her Husban JUNCTION CITY, Kan., May 21 —Mrs, W, G. fnoke. wite of Corporal Snnke of the Ninth artillery bend. statioved at Port Rifey., Kansas, died at her home bere to- Aay of burms received as the result of a foke perpetrated by her husband. Mrs. Snoke had hidden in an outbuilding and in » soirit of fun locked r husband out. Snoke poured some sasoline on the stone steps and Uit it, thinking 6 frighten her. The fames were drawn in under the door and enveloped Mrs. Snoke. who died sev- eral hours later in great agony. She was conscious to the last snd exonerated her husband insisting that his act intended as a joke. Mre. Eaoke formerly lived at Harris- | preme court has POLICE BOARD STAYS Supreme Oourt Again Decide in Favor of Present Incumbents. JUDGMENT IN MOORES CASE FINAL Matter Bettled Will Not Be Distarbed by Oontrary Opinion, UABLE TO MANDAMUS Anthority of Judicial Over Exeoutive is Firmly Asserted. LONG CONTINUED CONTROVERSY ENDED GOVERNOR Last Effort to Destroy Home Rule Control of Fire and Police De- Partment Powers a Failure (From a Staft Correspondent.) LINCOLN, May 21.—(Bpecial.)—~The su- dented the apply C. C. Wright for a writ of n‘::n::::: g compel the governor to appolnt a Board of Fire and Police Commi; loners for Omaba. Two questions were invglved in this case. the authority of the supreme court o mandamus the governor, and the other Was the right of the governor to make the appointments. The opinfon wae written by Chiet Justice Sullivan, Judges Holcomb and The court declares that it b as the right to mandamus an officer of the ex.cul‘l’:‘ branch of the government and that in this regard the law makes no distinction be- tween officials. The wri buce determined Judgment on its merits is forever settjed. It was on this ground that Judge Sulllvan, In the Kennedy case, adhered to the decle. fon in the Moores c from whi originally dissented, gt . Doctrine of the Case. The syllabus of the opinion i The right of the courts to de tepms and is mffi-p‘f" e et But equally clear and Sonstitution to exercise all powers properi belonging to the executive s: artment. . lesonsidering the matter theoretically and saving practical results and past adjudica. Uons entirely out of view, 3t wotlld seem t limit of Judicial rity in_ mandamus proceedings ainet oficess of the feoutive department 1s to hear ard enforce ‘1;” by cBercive proves; DUt B0t 10 e principle of exemption - damus s Erounded Gpon a distiner caner: tutional inhibition (constitution, articie 11, section 1) and does not at all depend upon x.mu-.l :: ther the right of man- dam. ould be granted or refused hus made 1o depend In every case decided by this court upon character of the {cting question and not upon the office of en The theors that the judicla: 1ssuing & mandamus 0 a member of i oG anch of e government, s hereby girectly, and in vielation 9f . ton, exercising power properly bel 10 e gXecutive ‘dephrtment, has been udia y o iong. pudiated by this court in & iine of The established doctrin that“wherl a ‘law in’postiive. tormmn wajelis upon the governor or other officer executive department a inere minis ‘dnul)' leaving him no cholce or discrétion ard to the matter—no exercloe 8 {0 Whermo he -m"fadr'fiu'ns: fiSi-jihe writ of mandamus may issue abd an R appropriate exercise of e doctrine of res judicas Question once flt\'ormlnixdh e et e me orever settle the litigants and those i priviey With them are concerned, | The question ' decided 1a 2 e decision stands, aled i closed question. . pos prnvublic officer 1s rerarded as ity wi s predec ‘or when Five thelr autherity i A judgment against a , Eard om, bet; in Both de- ihe' same Sotroe. i 2 t0 public rights binds his suceessar o ce. All litigants are affected the thing adjudged; it is e«b;’u‘uh; ;(m o upon the sovereign and citizen. Text of v Opinion. The opinion of Judgé Sullivan is in part as follows: “This is an application to this court in the exercise of its original jurisdiction for & writ of mandamus commanding the ree spondent, as governor of the state, to Ap- point fire and police commissioners for the city of Omaba. In his answer to the al- ternative writ the respapdent denies the suthority of the court to coerce exscutive action in any case and alleges that by rea- son of the judgment in the State against Moores (55 Nebraska, 480) the performance | of the duty enjoined by the statute ‘wounld be necessarily barren of practical results. It is conceded that the statute directs the governor in imperative terms just what the relator has requested him to do. ‘Imme. diately upon the taking effect of this sct the governor shall appoint.’ This s the language of cection 167 and 1t is therein further provided that ‘whenever a vacancy shall occur in any board of fire and police commissioners, either by death, resignation, removal from the city or suy other cause, the governor shall appoint & commissigner to A1l such vacancy.’ “It is also conceded that this is & constl- tutional and valid law, But it is clalmed that authority to enforce it has mot beem committed to the judicial branch of the government. The argument i that the three departments into which all govern- mental powers are divided are co-ordinate, that each is entirely independent of the others and that the issuance of a man- damus agalvst the governor, in whom is invested the supreme executive power, is Jjustifiable only on the theory that the ex- ecutive department is inferior to the judi- clal department and that the right of com- mand 15 given to one and the duty of obedience imposed upon the other. This argument is certainly plausible, but whether it is sound is & point upon which the adjudged cases are in irreconcilable conflict. - Rights of the Court. “The right of the courts to determine all judicial questions, whepever and however they may arise, 1s given by the comstitus tion in explicit terms and is indisputable, but equally clear and incontestable is the right of the executive officers named in the coustitution to exercise all powerw properly belonging to the executh department. There is an obvious logical dificulty in maintaining that two departments of - ernment are of equal rank and inde, t of each other, If one may cemmand.and the other must obey. A member of the ex- ecutive department who performs an off- an actor; be executes, not bis own purpose, but & purpose originating in the judicial department of the government; he is in truth nothing more than the agescy through which the court exercises am ex- ecutive power. Considering the matter theoretically and leaving practical results and past adjudications entirely out of view, it is bardly pussible (o escape the comclu. ko i &o'Seus sion that the authority iu cases of this kind 1 to TR T AR W P