Omaha Daily Bee Newspaper, July 10, 1902, Page 2

B Tae— IS LIKE THE ELUSIVE FLEA Oonviot Tracy Manages te Again Elude His Patsuers with Ease. OFFICERS THINK THEY SURE HAVE HIM the Time Comes to Make th Grab the Much-Wanted Des- perado Drops Gut of Sight Cannot Be Fo SEATTLE, July 9.—The pursuit of Out- law Harry Tracy appears to be temporarily suspended. Sherifl Cudibee has ealled in the guards from the southern suburbs, leaving only & sufficlent fumber for caréful patrol. 1t is belleved that Cudihee expects the con- yiet, If he reappears at all, to show up in another part of the country. The possé that started from Renton with the blood- hounds at b o'clock this morning returned at 2 o'clock in the afternoon after a frult less search, Since early this morning the posses have been scouring the country between Ren- ton and Black River Junction. The terri- tory lying in the square bounded by roads leading from Renton to Black River Jufc- tion, then to Orillla, thence to Bpring Brook crossroads and back, has been sen- tried. It is belleved that Tracy bas hid in the dense woods of that district. Guarde have been stationed at every road In this section. It is belleved that he will soon make his appearance at some house and demand food, as he & known to be without supplies. The rumor that Merrill has joined his murderous comrade cannot be substantiated. As matters stand at this moment no one knows the exact whereabouts of the de perado. The chase is suspended for time being. The moment he shows his head men now walling will be in pursult. The Salem penitentiary guard who -is with the party at Renton is confident that Merrill and Tracy are once more together, although he will not state the reason for his bellef. The marshal of Renton and a deputy sheriff have captured three sul picious-looking Individuals at Renton. The men have the appearance of hoboes, and it s thought that they may be three of the four men who met Tracy at Black River bridge the night before last &nd waiked through Renton in the convict's company. At the town jall they gave their names Andy Nellson, Tom Madden and Phil Ritchle. The firét two say they a loggers and the third says he is an iron bridge bullder. Thelr statements as to their recent actions are conflicting. They say they came to Seattle two days before the Fourth of July-and got on a spree. A diligent search 1{s belng made for the fourth alleged accomplice, who 18 thought to be hanging around Renton or may have jolned the convict. Rumors are rife th the fourth man s none other than Merrill, but this is generally discredited. SERIOUS FLOODS IN IOWA (Contitued from First Page.) the Rock Island could not pass that point today. The town is under four feet of wa The Racoon river at Adel, after being sta- tionary all day, began to rise rapldly to- night and shut off the electric light plant and is doing great damage. SIOUX CITY, July 9.—(Special Telegram.) ~The Mapl 4 Little Sioux rivers are on the rampage and southern Woodbury and eastern Monona countles are under water. | The streams are from ome to four miles wide and rising The flood Is the worst known in this section for years. All day east and south have been unable to move and Sioux City has been effectually cut oft from communication ' in these directions. A Jarge wave rushed down Miller creek, which runs .l The damage 'ta corn The flood was caused | by a teries of cloudbursts, which followed each other in rapid succession. At Maple- ton the Maple river is five miles wide Castana, Correctionyille, Danbury. Ote and Ida Grove were hard hit and report the streams overflowlng their banks. No lives have been reported Jost, but-the damage tG crops and bulldings in the storm-stricken distoict will be great. Storm Havoc at Maquoketa, CLINTON, Ia, July 9.—(Speclal Tele- gram.)—Terrible storm, wind and rain struck Maquoketa last night. Plate glass tral's Onawa branch was repaired today and trains are running nearly afl on time, although the Little Sloux river is still very high and orops are under water. No trains ran on the Maple River branch to- day. Washouts still continue and railroad officials say they can give no promise of trains at present. They may not have the track repaired for two or three day some washouts have occurred since yester- day. No Chicago papers have been re- celved here for two days. The weather is clear today and it looks as If the rainy season is over. Streams Become Tor CARROLL, Ia., July 9.—(8pecial.)—Rain fell in torrents all day Tuesday and all streams have swollen out of thelf banks and appear ltke large lakes. Washouts on the large grade of the Northwestern near Arcadia held tralns from the east in the Carroll yards for several hours. No. 15 continued west via Wall Lake. No. 4, which should arrive here at 11 a. m., and No. 8, due at 3:25 p; m., urrived about 6:30 last evening. It is years sinte there hai been a general tieup on account of wash- outs on the Northwestern, and ‘the present trouble s due 1o some new track which was dompleted late last fall. Fully 300 men are at present working on the grade and 150 mofe are éxpected from Obicago on the first train. OSKALOOSA, Ia., July 9.—Almost five inches of rain have fallen In Mahaska counity during the last twenty-four hours. All streams are out of their banks and the damage in thé surrounding country Is heavy. Heavy Damage at Missouri Valley. MISSOURI VALLEY, Ia., July 9.—(Spe- clal.)—All the bottom land for miles near here is under water and the streams In this vicinity are overflowing. The damage to the crops on the lowlands will be great, as it s feared that the water will not drain oft for some time. The rain yester- day did great damage to the crops on the hills on account of washing badly. The hill streets of this city have been ed out so that some are almost im- passable and several hundred yards of water main have been lald bare. The damage to the streets will probably reach $1,000. Nearly 1,000 feet of the North- western's double track east of here was washed out last night and all trains were delayed for several hours. Damage Amounts to Thou SIOUX CITY, Ia, July 9.—Damage to th extent of many thousands of dollars ha: been done in the bottom lands southeast of Bloux City by floods. Rain ceased fall- ing at noon and the worst is believed to be over. The railroads have suffered se- verely from washouts. Farmers, however, are, the greatest sufferers. Small streams, usually a few yards wide, are now swollen rivers miles in width. Reports from towns near by tell of heavy loss. Otoe, Hornle, Luton and Mapleton are surrounded by vAst expanses of water. KANSAS CITY, July 9.—The Missouri and Kaw rivers at Kan Olty continued to rise today & restlt of heavy rains last night and both streams are nbw bank full. In the lower part of Kansas City, Kan., several cellars have been flooded and the water in the Kaw is dangerously close to the floors of some of the bridges near here. ta. ATCHISON, Kan., July §.—Northern Kan- #as last night agaln experienced another heavy rainfall, following the unprecedented rains of the last few days. West of Clyde washed out and the branch between Yuma, Kan., and Prosser, Neb., is completely tied up by washouts. The Republican river is out of its banks in many places and bot tom farms are flooded. Streams are still ristog. . vy Peoria t By a Storm. | PEORIA, 1L, July 5.—A terrific rain and electric storm swént over Peoria and the adjacent country last night. Raln fell in floods for several hours and the damagoe wrought is,extensive. All the railroad lines wentering the city are more or les at- fected. The Lake Erlo & Western through frelght, due here at 4 o'clock, went through a bridge at Farmdale, six miles east of here. The engine and several freight cars are plled in the bottom of Farm creek. The | englneer was fatally injured and the fire- man was buried in the mud beneath the It will be several days before d. The Toledo, Peoria & Western p train, due here at 6 o'clock last evening, struck a landslide twelve miles east of here and the engine was derailed. The damage to the timothy and oats crop is windows broken, doors torn from hinges, shade trees uprooted, outbuildings blown down, bouses unroofed. A deluge of rain followed. Maquoketa Tiver overflowed, floodiig hundreds of acres of lowland and destroying corn and oats. FORT DODGB, Ia., July 9.—(Special Tel- egram.)—Continyous rain is paralyzing s in Fort Dodge. Railroads are al- most out of Dusiness The main line of the Omaha diviglon of the Iliinots Cen- tral between Foft Dodge and Omaha is unable to run régular trains on wecount of washouts. The Minneapolls & St. Louis road 18 badly orippled. The east end of the city is inundated and familles are mov- ng out of thelr houses. Water s running through first stories of residences of a number of homes. A large ural basin at the east edge of the oity is overflowing and volumes of water are inereasiug nnd causing great loss to prop- erty adjacent. Electric power is shut off. Wir tangled up with t poles charged. Insulation on electric wires thoroughly soaked, rendering protection useless. WEBSTER CITY, I July §.—(Spectal Telegram.)—This seotlon of the state was visited again last night by a terrific rain- storm. The Boone river and Its tributaries are out of their banks and the lowl under water. The Northwestern has re- paired its washout, but trains passing upon it bave a slow order. Man Killed by Tornade, JOWA CITY, la., July 9.—(Special Tele- gram.)—Belated reports from many rural points in Johuson county show that the tormado Tuesday ev. damage to crops, orchards, live stock. Jacob Burkhart instantly killed when his employer's barn was blown down at Oxford. The Iowa river here is very heavy. Several lnches of ralntall was recorded. Damage in Colorado. PUEBLO, Colo, July 8.—~A cloudburst has swept the Wet Mountaln valley, the Grape creek region and other portlons of Fremont county. Water was four feet deep in A portlon of Floremce. The Santa Fe railroad lost two fron bridges and 1,500 feet of track. It is reported that Chandler creek ran into the Chandler coal mine and filled it. Crops in the Wet Mountain valley were washed out. It was fear~d that Grape creek, the most terrible stream in the country in time of freshet, has dam- aged the fine irrigation eystem there, which supplies orchards. and nurseries around South Cenyon, T Arkansas river rose or cight feet here, but has done no damage as yet. NEW MEXICO NEEDS RAIN ecial Masses Are to Me Held in D) h Reglons of the ’ Merritory. SANTA FE, N. M, July 9.—A special mass for rain was celebrated in Agua Frio and similar masses will be held in all the parishes of this section, s the drouth is shriveling up the crops. O MONTEREY, Mex, from Patras, 8, A cloudburst covering an area of fifty oquare miles did damage to the extent of $400,000. The big Bataglan dam, the Jargest in northern Mexico, broke with all the floodgatés open and was destroyed. The Saz Lorenzo dam, which has been standing for over 350 years, also was washed away. inundating adjacent territoty; it has risen five feet in twelve hours. ONAWA, Ia., July %.—(Special Telegram.) ~The rainfall here for July to date Is §.50 inches, which breaks all July records since 1879, according to the weather observer, ‘the nearest approach to tl figure belng July, 1896, when 8.02 inches fell during thi month. The washout on the Illinois Cen- — ———— Difficult Digestion . ‘That is dyspepsia. e It makes life miserable. lnu‘onnulmbeuunhwc-c.. ~but simply because they must. ; They kuow they are irritable and fretful; bat they cannot be otherwise, They complain of & bad taste in the mouth, & tenderness at the pit of the stom- ach, an feeling of ful m‘:’bnm:l:‘lwh not. . Tho effectual re. ) proved by perma- nenk cures of thoasand & sovers casen, i :Hood’s Sarsaparilla TTUTNGGE Fiii wee Bhe best calbarte This dam was bullt of solid masonry about 1670. SUPREME IUD_Q_E§ NOMINATED Democratic Judicial Convention of Missourl Adjourms After an All-Night Sesstio; SPRINGFIELD, Mo., July §.—The demo- eratic state judiclal convention completed its work at 7 o'clock this morning, after being ia continuous session since § o'clock last night, by the nomination of the fol- lowing justices of the supreme court: Gavon D. Burgess of Chillicothe, chief Justice; Leroy B. Valllant of St. Louls ai James D. Fox of 'Fredericktown, assoclate justices. Judges Burgess and Valllant are members of the present court. Judge Burgess was renotainated at 1:10 this morning on the first ball ballot was not finished uatil without result and aa ineffectual effort was made to adjourn until todsy. The third ballot was not taken till 3:15, wh . motion to adjourn was again voted down. In all eight ballots were takea. VATICAN REPLIES T0 TAFT Provides for Bale of Lands and the Pay- ment of Indemnity. CANNOT AGREE TO RECALL THE FRIARS Made that It Wo trary to Right Treaty of Par! Be Con- ROME, July 9.—The answer of the vati- can to the note of Governor Taft, governor of the Philippine lslands, concerning re- liglous affairs in the archipelago, which | was handed to Cardinal Rampolla, papsl secretary of state, July 3, was delivered | to Judge Taft at u late hour tonight. As the vatican's reply s in French, It | is belng translated by Bishop O'Gorman ot | Sloux Falls, 8. D., and Major Porter of the office of the judge advocate general of the army. It will be telegraphed entire to Washington tonight. Since Judge Taft has been in Rome he has sent about 20,000 words by cable to the Washington authorities. Answer of Vatiel answer to Judge Taft fol- The contract which the vatican proposes shall be signed by both parties comprises twelve articles. The first article says the Philippine gov- ernment is to buy the lands of the four religious orders concerned, the holy see acting as intermediary. The second article describes what are the agricultural lands to be bought. The third article says that it some of these lands are possessed by corporations, the friars will el their share, The fourth article establishes a tribunal of arbiters to be composed of five members, two of whom are to be chosen by the vat- fcan, two by the Philippine government and the fifth member by the other four. In case of disagreement as to the fifth member he shall be chosen in common ac- cord by the pope and President Roosevelt. The Afth article provides that the work of the arbiters shall begin January 1, 1903. The sixth article refers to title deeds. These will be transferred to the Philippine government. Article vil sets forth that payment fs to be made in Mexican dollars in the period of time proposed by Judge Taft in his note of July 3, interest during the time of payment accruing at 4 per cent. Article vilf deals with the transfer to the church of ancient crown lands with ecclesi- astical bulldings on them. The ninth article proposes amicable ac- cord in the matter of existing charitable or educational trusts which are in dispute. In the event of falling to agree in these matters recourse is to be had to the same arbiters, to whom will also be submitted the case of the medical college of San Jose &t Manila. Provides for Indemnity. The tenth article provides for the in- demnity the United States shall pay for the ecclesigstical bulldings used in the war. According to the eleventh article the ex- penses of the tribunal and the expense of the arbiters is to be pald by the Phillppine government. Article xii declares that the holy see in the sphere of action which is in its com- petence shall use all its influence for the pacification of the Philippine islands and in favor of their adhesion to the estab- Iished government and to the end that it shall prevent all political opposition on the part of the olergy, both regular and secular, The answer of the vaticen is complied in the order of Judge Taft's note of July 3. First comes the note which that all the studies of the vatican were cen- tered to render more clear, more precise and definite the conditions between the holy see and the Philippine government. In fact the note begs tbat it something further with this intent can be proposed that it be freely expressed, adding t! it would be considered with great ple ure. The introduction proceeds in this tone untll it comes to the question of the recall of the friars. It then says the vat- ican cannot mccept the proposition to re- call the friars within the fixed -period. Such recall mot being justified by reasons of force majeure, it would be contrary to the rights guaranteed by the treaty of Paris and would put the holy see in con- filot with Spain. It “If the United States cannot order the withdrawal of the friars, how can the pope do 5o, especlally when it has been proved that all the accusations made against them were partly fal partly fnexact However, the vatican promises that it will try to introduce into the Philippines clergy of othe onalitie pecially Americans, gradually, as they are found ready or are adapted to the purpose. The mnote agrees that the friars shall not return to the parishes they left, and where their presence could provoke trou- ble. The note ends by saying that the pope is willing that the school question in the Philippines be not insisted on now, but that his holiness hopes his representative in Manila may have an understanding with Judge Taft on this point, which 18 of cap- ital importance in & country almost ex- clusively Catholle. VATICAN CAUSES SENSATION Blue Sister Not Allowed to Aet as Nurse for Div Wom ROME, July 5.—A great sensation has been caused by the action of the Vatioan authorities toward the Prine Joseph Rospigliosi, an American. Her husband is head of an ancient tamily of clerical nobil- ity and his brother is commandant of the papal noble guard. On August 1901, Prince Rospiglios! married here Mrs. Marig Jennings Reid Parkhurst of Washington, the divorced wite of Colonel Frederick H. Parkburst of \Bangor, Me. The ceremony civil and Bence was not recognized by the Vatican. Princess Rospigliosl, who is now om the point of confinement, engaged an English Blue sister as a nurse and latter took up her dutles. But Cardinal Macchl (sec- retary of apostolic briefs), hearing of this, forbade the sister to fulfill her duties, on the ground that the marrlage was non- existant. The prince was furious and exerted all his influence to overcome the action of the church, but without avall. Finally he was obliged to send to England for a burse. The incldent is expected to have important developments. When the news of the marriage of Mrs. Parkhurst to the prince reached the United States it was asserted that at first the vatican refused to sanction the marriage because Mrs. Parkhurst was a divorced womab, but as the prince declared she Should be his wife, with or without the consent of the church, sanction was finally Parkhurst is & granddaughter of Samuel Chester Reld, who commanded the American privateer Brigadier General Asa Strong, In the battle at Fayal In the war of 1 On bher mother's side she Is from the Rowan family of Kentucky. About tes years ago in Washington she met Mr. THE OMAHA DAILY BEE: THURSDAY JULY 10, 1902. legisiature and of Govermor HMill's staft, with the rank of colonel. ‘The eouple were married and lived hap- ply for a_time in Bangor. They had two estranged and Colenel Parkhurst sued for divorce, The divorce was granted and Mre. Parkhurst Jeft the ecity. At Bar Harbor with her. Argent! and Chile Sign Treaty. BUENOS AYRES, July 9.—Argentina and Chile have signed a convention defining more precisely .the objects of their réobnt treat providing for arbitration and the Iimitation of armaments with the view of averting the possibility of future compiica- tions. Publio opinion approves of the new convention. Argentina announces that its policy is absolute neutrality in questions concerning Chile, on the Pacific coast. The conven- tion explaine that jt is mot proposed that elther nation s reduce Its naval equip- ment now afloat. Rellef 8! for Vietoria. LONDON, July 9.—The Anarotic steamer Morning purchased by the Royal Geogra) fcal moclety as a rellet ship for the discov- ery, salled this afternoon for Victoria. STEAMER 'IN A COLLISION One Member of the Crew Kil the Passengers All Escape Injury. NEWPORT, R. 1, July 9.—The Fall River line steamer Priscilla is at its pler In this ity with a big hole in its port bow and one of its crew dead and wedged in by wreckage, 8o that his body will be extri- cated only with gret dificulty, as a result of a collision with the Merchants' and Miners' Transportation company's steamer Powhattan, in Narragansett bay, last night. Priscilla - was bound out for New York. It was very foggy at the time and it was proceeding slowly. Oft Point Judith another steamet struck it on the port bow, cutting & hole which ran down below the water line. .Finding itself seriously dam- aged, Priscilla whistled for assistance and soon Afterward tugs arrived and it wi towed back to its dock In this eity. ‘While an examination w Leing made of the apperture in Priscilla’s hull it was found that one of the crew had been caught in his bunk by the wrec! He w dead, but his body was between iron rods and beams in_ such & way a8 to prevent its belng extricated at once. At daylight it wi evident that mechanical appliances would be necessary before the body could be released. The name of the victim has not been learned. With this exception né one i believed to have. been. injured, PROVIDENCE, July 9.~The steamer' Powhattan, Captain A. T. Hudgins, bound for Baltimore, via Norfolk for this port, srrived here this, afternoon and reported with Fall. River steamer Priscilla last night. Its bow was badly damaged and a great hole was stove in the port side of the Steamer be- low the water line. The forward compArt- ment was flooded, but mo ter reathed the other bulkheads. of the ship and no damage was done to the freight. ‘There was not the slightest show of di order with the 131 passengers of Powha! among whom was conference of ‘the Baptist Youhg Peop unfon from Maryland. A vote of thasks ‘was tendeéred Captain Hudging by the pas- sengers for his prompt action during the trying moments following the collfsion. The passengers, most of whom were in bed, were tured out of their rooms in darkness afid thelr nervousneds and excite- ment intensified s they found the men the sitfp padsftd ‘ot “life - preservers by candlelight. . There was .no.panie, although no help was near and the steamer was ap- parently in great r. It was the er ship of Priscilla, the Puritan, which came at first to the rescue. It was on its ‘way from New Yirk when it heard the signals of distress. Putting a line on board it took Priscilla 1a tow, stern foremost, for Newport. The yessels arrived without further mishap the passengers were landed safely. They were sent on to New York by rall. Their gage was saved In good order. Powhattan has been placed in dry dock, where extensive repairs will be made. B. W, Grove, This name must appear on every box ot the genuine Laxative Bromo-Quinime Tab- the remedy that cures a cold In one 25 cent, ST. LOUIS TERMINAL MEETING ntatives of Railroads Com- Assaciation Held Session in New York. NEW YORK, July 9—A meeting of the rep- resentatives of the.rallroads comprising tho Terminal association of St. Louls was held here today. The meeting lasted for mote than two hours and It was aonounced at the close that the proceedings were {nformal | and consisted of a general discusslon of the affaire of the association. It was eaid that no definite action could be taken today regarding the admission of another road or any other matter, As it was not & meeting of the Terminal asseclation proper. It was Also stated that the plan to bave the Rock Island become a member of the assoclation would be taken up at meeting to be held at St. Louls &t some tuture day. Loulsville and Nashville Dividend. NEW YORK, July 9.—The directors of the Loulsville & Nashville road today de- clared the regular 2 per cent séml nual dividend. after payment of dividends of §$1,706,308, agalnst $1,686,113 the previous year, Will Take Up L. &N, Stack, NEW YORK, July 0.—It was stated to- day by suthority that J. P. Morgan & Co. will exercise_their option upon the Louls- ville & Nashyllle stock owned by John W. Gates and Edwin Hawley. Four per cent bonds will be lssued to take up this stock. emm——————e———— OUTINGS. An Inexpensive | ” During the vacation, suppose you cook less and play more. Grape-Nuts, the food that makes break- fast 80 easy to get all the year ‘round, is the ideal food for t! purpose. Grape-Nuts s thoroughly cooked at the factory by food experts, and s always ready to serve with the addition of cream. You can save yourself the heat from cook- ing and the time and exertion necessary to prepare other food, by its use. Its high nutrition gives strength and nourishment without the intertial heat of meat and other heavy food, keéping the temperature of the body cool fortable; its delicious flavor plea palate. Plenicker and camper as well as the housewife preparing the regular meéals at home, can pass & pleasant and enjoyable summer by the use of this ready prepared and easily digested food and will mias the usual heavy and sluggish feeling gemerally felt in hot weather. Many pleasant ways of chang'ng the form f use found 1o recipe book In each pack- Parkburst, who 1s & member of the Maine | ags. TAKES ON DIPLOMATIC PHASE children. ~ Seversl yeats ago they betame | feoretary Hay Interested in Gaymor and @reene Extradition Oase. she met Prince, Joseph, who fell 1n love | COMMUNICATES WITH BRITISH EMBASSY ed to Aets of Can thorities Connection with Alleged Crim WABHINGTON, July 9.—The extradition ¢ame of Benjamin D. Greene and John ‘F. Gaynor, whose removal from Canada to the state of Georgia for trial on charges of misappropriating and embessling over $8,000,000 in connection with river and harbor {mprovements at BSavannah, Ga., 4 been sought for some time in the United States, will take on a new diplo- matic phase in a few days when Secretary Hay communicates to the British govern- men statements of off of the State department, alleging that the Canadian au- thorities are pursuing an extraordinary and unwarranted course in the case. The delays and embarrassments in the extradition proceedings resulted in Mr. "Mation Erwin, speclal assistant to the at- torney genmeral, who has been in active charge of the extrdition proceedings for the United States transmitting to the at- torney general under date of Montreal, July ‘7, & speclal report on the case in which he calls attention to the fact that the legal representatives of Messrs. Greene and Oaynor are closely connected through professional and family ties with the Can- adlan officials whom this government must look to for extradition of the men whose custody it seeks. Mr. Brwin, in his report, says that as the fugitives had employed as their counsel the firms of lawyers to which belonged the highest officials of the provincial and Dominion .governments, he was precuided by the position taken by them from con- ferring with the law officers of the crown He therefore retained two attorneys of Montreal and the Canadian bar, who had bly assisted him. Recites Bxtradition Laws. Continuing, the report recites the ‘' ex- tradition laws of Canada as applylng to the offense charged against Greene and Gaynor and detalls the proceedings insti- tuted to effect their extradition. Every #tep of the proceedings, the report says, was in accordance with the Canadlan law and the extradition treaty between the United States and Great Britain. Refer- ence is then made to the issuance by Judge Andrews of Quebec of writs of habeas corpus which were served at night upon the jaller at Montreal, who held the men under the extradition commissioner’s order for further proceedings. On what followed the report says: *'Without motice to the commissioner or the attormeys representing the United States in the proceedings the Montreal gaoler, who holds his appointment under the provinclal authorities, within a few minutes after service of the writs upon him conveyed the prisoners by speclal train back to Quebee. “In view of the fact that there were otber judges at Montreal exercising habeas corpus powers and in such cases the Cana- dlan laws gave a judge in the district of Québec no authority to bring a prisoner from Montreal on habeas corpus inquiry t 18 not belleved that the gaoler at Mon- real would have adopted so extraordinary & course without motice to the parties in Interest, except under high official pres- ure. The attorneys at that time appearing in ‘the proceedings for the fugitives and moving to have that done, embraced among ‘Gthers the firm of Fizpatrick, Parent, Tadbereau, Roy and Cannon, of which firm Hon. Charles Fitzpatrick, minister of justice for the Dominion of Canada, s A member. “Of which firm Hon. 8. N. Parent, prime minister of the province of Quebec is & member. “Of which firm Mr. Cannon, son of the deputy attorney general for the province of Quebec 1s & member. “Also Mr. Homore Gervals, law partner of Hon. Mr. Archambault, attorney gen- eral for the province of Quebee. “Also Mr. Chauveau, son of the extra- dition commissioner at Quebec.” Reviews Motion of Counsel. The report mext reviews the motion of counsel for the United States to quash the writs of habeas corpus and remand the prisoners in order that the extradition ng might proceed and the fact that the evening before Justice Andrews was to render his opinion the prisoners at- tempted to prop that proceeding on ‘a claim that 1t was illegal and through their counsel, Messrs. “‘Fitzpatrick, Parent, Roy and Cannon,” have other writs of habeas coppus lssued to come before Justice Ca- ron, a judge with concurrent jurisdiction, with Justice Andrews on the ground that thelr custody by t! sheriff at Quebec was illegal. Attention is then directed to the fact that Justice Andrews in denying the prisoners’ claim that the first writs of habeas corpus were fllegal sald that it was not for the persons who induced him to issue the writs of habeas corpus to claim that they werd illegal and avall themselves of such a means of escape. The report sald that under Capadian law a second writ of habeas corpus cannot {ssue except on “mew facts,” the prisoners’ coun- wel, on petition allegl: only the same tacts, caused other writs to be lssued by Justice Caron. The gaoler in making his returns to these writs refused, “on request of counsel for the United States, to attach coples or send out in his teturn the substance of the docu- ments under which he held the prisoners.” “If the gaoler had been acting under the advice of officers of the crown,” adds the report, “free from the entangling relations of counsel for the fugitives, it is incredible that in a country which shares with us the high standards of justice and fairness, the prisoners must stay there fifteen days and that during this time they have the right to apply for writs of habeas corpus and it is further in the power of the min- ister of justice to refuse to surrender the prisoners and to discharge them from cus- tody. In conclusion ihe report says: “It will thus be seen, that befare we can fina- ally take the prisoners out of Cdhada, we will have to submit the regularity of our proceedings in some very important fea- tures to a bigh official of the Dominion government, whose firm was retained in advance of the extradition proceedings to resist extradition and whose powerful po- ltical influence has been felt at every turn the case has taken “If this state of affairs is to continue without protest on the part of our govern- ment we had just as well understand in advanco that the extradition of criminals from Canada under our treaty does not ap- ply to cases where the fugitives have committed financlal crimes of magnitude." Upon receipt of this report the acting at torney general called the matter to ihe at- tention of the State department. TO BUILD ANOTHER BRIDGE St. Louis and Eastern Capitalists Or- ganize to Make Many Ime provements, ST. LOUIS, July 9.—A corporation com- posed of St. Louls and eastern capitalists has been organized for the purpose of bullding a bridge over the Mississippl river, the erection of extensive terminals on the river front, an elevated road to the world's fair site and a new depot in the heart of the city. It s stated by the in- corporators that the total Investment in the terminals and elevated road, aside from the ctost of the bridge, would reach $10,000,000 at the outset, with a possible expenditure of $5,000,000 later on exten- stons. The incorporators are: J. C. Van Blar- com, vice president of the National Bank of Commerce; Edward F. Goltra, president of the American Steel Foundry company; W. B. Doddridge, formerly chairman of the executive committee of the Terminal as- sociation; Mayor M. M. Stevens of East St. Louls and T. C. Doremus of New York City. 1 Mr. Doremus stated today that the new enterprise was not connected with other railroad Interests. Certain New York cap- italists, he sald, appreciated the great possibilities of St. Louis and had joined local men of means in pushing_the enter- prise. " DEATH RECORD. Judge Willlam Marvin, Aged D4, SYRACUSE, N. Y., July 9.—Judge Wil- llam Marvin died at his home fn Skaneateles this morning, aged 94 years. He was ap- pointed United States district attorney for Florida In 1835 by President Jackson and was appointed United States district judge at Key West by President Van Buren. He Rheld court at Key West until 1863 and it was a unfon court, with the American flag floating over it, though every attendant of the court, from district attorney to crler, joined in secession. After the war Presi- dent Johnson appointed Judge Marvin pro- ional governor of Florlda. After the government was established he was elected to the United States senate, but was not allowed to take his seat because negroes tad not been allowed to vote. Judge Mar- vin returned to his home in Skane; 1867, where he has since live written several works upon maritime law and upon theological subjects. He was warden of St, James Episcopal church at Skaneateles and deeply interested in church matters. He voted for every democratio president from Jackson to, Cleveland, but did not vote for Bryan in 1896.. ., Judge Marvin was brother-in-law of Gen- eral Ludington, ‘quartermaster general, U. 8. A. Mrs. Charles Stewart. HOT SPRINGS, 8. D., July 9.—(Special.)}— The remains of Mrs. Charles Stewart, & bride of only two weeks, were brought here from Spearfish last evening, she hav- ing dled at that place that morning after about ten days of terrible suffering. The young people were married here at the home of the groom on Wednesday, June 25, and left the same day for a trip through the Hills. The bride complained of some stomach trouble the day of the wedding, but thought nothing serfously of it, be- lleving the trouble was only temporary and not serious. Mr. Stewart Is the son of Mayor Stewart and the popular young bride and groom enjoyed one of the pret- tiest weddings ever given in Hot Springs. The funeral was held at the home of the groom's parents, in the room where just two weeks previous the words were spoken that united the two loving hearts. ° Alexander McDonald, DENVER, Colo., July 9.—Alexander Me- aged 33 years, formerly of Port In J- arising In the mouth, distress after eating—be honest, you have had to diet, live on bland foods, and have tried y physicians’ treatments and medicines,whichonly relieve and still you are troubled. Will _ecure yo! Cures the C Booklet, FREE, to B 1T NAD, 208 Brosdway, ity. IHER!ANC % MoCONNBLL DRUG CO., 16th & Dodge Sts., Omaha, Neb, which is our common heritage, a gaoler could have wiltully withheld the documents of his authority to the prejudice of a party to the litigation.” Causes United § Trouble. Counsel for the United States, by reason of the gaoler's defective return, were com- pelled to move to amend by annexing which they returns were made the basis of a motion before Justice Caron for a writ of certiorari by the pris- oners' counsel, who thereby sought to di- t Extradition Commissioner Lafontaine of power to proceed with the case, and this, although Justice Audrews had refused similar certiorari, Justice Caron, after a week's consideration, granted the prison- ors’ motion for certiorarl and withheld Judgment on the motion of the United States to have the documents showing the cau of the prisoners' detention anmexed to the return: The report contisues: “In the meantime the counsel for the prisoners, who in Eu land or In the United 8 would be d barred from such proceedings, have In open court challenged the right of the nited States to be heard st all in the proceedings and its right to employ Can: dian counsel to represent it in the courts. Attention then is directed to the fact that should the Quebec authorities finally decide to let Judge Lafontaive, the ex- tradition commissioner, proceed with the case and should he finally commit them to Jsll for extradition under the Cavadian law les in | He has | STQ'M_AB Krug Jarvis, N. Y., and Cleveland, dled today of asthma on a traln bound to Denver from Chama, N. M Jamen P. Stephens. NEW YORK, July 9.—James P. Stephens, one of the oldest pottery manufacturers in | this country, is dead at Trenton, N. J., from heart diseasc. He was born In Cin- eclnnatl, O., sixty-two years Aago. Mr. Stephens 1s credited with developing the | manutacture of pottery in certain lines to the highest point attained in this eountry. Duchess of Atholl ROME, July 9.—~Tke duchess of Atholl (who was the eldest daughter of Sir Thomas Moncreiffe), died last night while on her | way from Italy to Switzerland, —_— Court No Jurisdiction. CLEVELAND, O, July 9-Judge Wing of the United States circult eourt today dismissed the proceedings brought by the Philadelphia National .League club against Pitcher Bernhardt to compel him to play with the Philadelphia club or not at all The court held that it had no jurisdic- tion In the case, Bernhardt being a citizen of the state of New York. The case of Lajole was then taken up by the court. dJOHEMIAN Pure, Pale and Bottled S 2Riamty e H. May & Company drop unexpectedly It's well to have a few bot- tles of our justly famoud Blus Ribbon beer on ice. Nothing more appreolated than a glass of this deliclous beverage. It's a home product and made of everything to make good, pure beer. Let us send you a case today. STOR2 BRE. 0. Telephone1260-Omaha. A. Wells, solicitor, W. 92 Broadway, Council” Bluffs, BOYD'S| "~ tmren H&l | ToNiT ggfil{» t, 10c. Night 10c, any 16¢, 250 " Excursion Steamer The Unlon Excursion Company's Steamer Henrietta | makes regular trips from foot of Dougias street, making regular trips to Sherman ‘ark,' where there is fine shade, music ancing. No bas on boat. "kverytning ursi- class. Hours for leaving: 3, 4 and 8§ p. m., daily. Round, trip 25¢, children !Be No admission to Parl BASE BALL VINTON STREET PARK Colorado Springs vs. Omaha July 10 Game call at 3:45. RESORTS. Park TONIGHT RAG TIME CONCERT BY HUSTER'S BAND. and OTHER HIGH CLASS FREE BHOW "Admission to park, io. Chiidren Froe ® HOTELS, The MILLARD | a5 Omaha's SPEOIAL PhATURES LUNCHEON, FIFTY CE 12:% (o 3 p.m, SUNDAY », M. DINNER, 5o, Btead(ly increasing business has nécessi- tated ah enlargement of the cafy its former capacity. N S CHICAGO BEACH HOTEL IZ ls\ln\lb\sl" ffl:a Mll;c‘:lf city. Wo airt ust. Bituated on and S0 BIVE Lo " Hone Yor iithe: trated booklet Look Out for the Cheap Rates, July 1-13, 1902, $14.50 14.50 13.50 oux City. .1, "111110 12,90 Rouad trip to HOT SPRINGS, SO. DAK. Splendid gol links. Expert instructer. Ask Agent " Northwestorn Line.*