Omaha Daily Bee Newspaper, July 12, 1902, Page 1

THE OMAHA DAILY BEE. [ ———— =X ESTABLISHED JUNE 19, 1871. OMAHA, SATURDAY MORN NG, JULY 12, 1902—TWELVE PAGES. SINGLE C()Pi’ FIVE CENTS. REFUSE TO RETURN| Btriker's Ignore Company's Order to Report for Duty Again. PREFER TO TAKE CHANCES ON FUTURE Determined Not to Go to Work Until Demands Are Granted. EACH SIDE IS CLAIMING NEW STRENGTH Alleged Proposition to Adjust the Strike Merely a Suggestion. AUDITORIUM COMPANY NOT CONCERNED Marphy Denies that He Represented the Auditorium Directors in Mak- estion to Central Labor Union. Vice President Wilson of the Interna- tlonal Association of Machinists, who has had direction of the strike, with headquar- ters in Omaha, left last night for the west. He will put In some time with the strikers in the towns and citles along the Union Pacific. 8. H. Grace and other executive committeemen will have charge of affairs here for the machinists during Wilson's ab- sence. Mr. Wilson expressed himself last night as well satisfied with the pragress of af- fairs and confident that the strikers would eventually win their fight. From now on a great effort will be made to prevent the introduétion of nonunion men into the various shops. The strikers are organizing everywhere over the system with & deter- mination of accomplishing this end, for in that they belleve lies great possibilities of success, It will require some diligent work of this kind, however, the officials intl- mate, to intercept their plans and prevent them from filling the shops with the noo- union men if they sce fit. The strikers construe the order issued Thursday by the company, purporting to be an ultimatum to them to return to work or take the consequences, as the gauntlet thrown down, but they declare that this or- fer has nor will have no effect upon thelr men. Last night they were claiming that two more machinists had lett the Omaba shops and joined the strikers. Not One Man Returns. They assert that various places over the system have been heard from and all re- port that not ome of the men has avalled himself of this opportunity te return to work. The strikers are confident thelr ranks will be kept Intact and that none will go back to work until all are taken back under the conditions demanded. On the other hand, the statement wa: given out from the highest official sources of the raliroad company yesterday morning that the company is gatnin more men in its shops than it has had at time, *Heea became evident the strikers would not re- turn to work until their demands were granted, an executive official yesterday de- clined to stat One of the strikers sald yesterday morn- Ing several of the men had received personal letters from the company making induce ments to them to return to work. In view of events of the last few days an early termination of ‘the strike is looked for. Offclals, however, decline to give out any informatlon concerning any plans they may have for bringing about a settlement of difficulties. Feellng Against Noj Feellng among the strikers agalust the company and its imported monunion men becomes more animated each day. The strikers feel that these men should mot be allowed to come in and fill their places and some assert thelr determination to stop them If possible. The company is taking every precaution against trouble of this kind, Investigation shows that the alleged pro- posal received by the union men for a set- tlement of the strike, which Vice President Wilson disclosed Thursday night and which was sald to have been made by Rob- ert E. Murphy, purporting to be a repre- sentative of the Auditorium company, pledging the offices of that company as mediator for a consideration of halt a day's pay from each organized laboring man in the city as a bonus to the auditorium fund, was not made as an actual proposi- tion, but in the form merely of a sug- stion and came from Rod E. Murphy, bookkeeper of the Floyd J. Campbell com- pany, members of the Chicago Board of Trade. ‘The wrong Interpretation was placed upon the letter sent by Mr. Murphy and the wrong name given by some of the strikers, according to Mr. Murphy. Murphy Makes Statement, Mr. Murphy made this statement to a re- porter for The Bee: “1 sent the letter to the secretary of Cen- tral Labor unien, J. A. Bradford, and merely suggested that the union men of the eity take out auditorium stock to the ex- tent of & half day's pay for each, and that porhaps, as the majority of business men of the city were interested in the audito- rlum proposition, it would enlist their sym- pathy and co-operation for the strikers and their cause, and possibly be the means of bringing about & settlement of the strike. As to pledging the support of the Audito- rium company to any such proposition, 1 never thought of such & thing, in fact, 1 made no proposition, simply & suggestion. 1 also suggested that this fund be diverted to the strike benefits In case the proposition fell through after the money was ralsed.” Alfred Millard of the Auditorium com- pany says concerning the matter: ““The idea that this company would make any such offer is too absurd to think of. We have never thought of taking any hand in this strike and the matter has never been broached at any of our board meet- ings and would not be tolerated If it were brought up. It is & foolhardy idea. Mr. Murphy is not a member of the Au- ditorium company and denies all clalm of seeking to represent that company. The Central Labor union had sched- uled a mebting for last night to consider this ‘‘propositio: but the matter was dropped when it was learned through The Bee yesterday afterncon that the “propo- sition” did not come from the Auditorium company nor any member of it. Denver Paying University Debt. DENVER, July 11.—It was announced to- day that {ub,om of the §200,000 debt standing ainst the University of Denver had been subscribed by Denver men and that the remaining $40.00 would be pledged by Sep- tember 1. Some time during the first week of September a celebration of the lifting of when al il Al of r evidences M will be burned. GOVERNMENT SUES FOR PEACE Colombia is Quite Anxioum to Settle wit Revolution= nts, PANAMA, Colombia, July 11.—General Salazar in an fnterview to” ~ with the rep- resentative of the Asso. 4, Press sal “The government is maklug "juortul et- forts to pacify the republic fn. ‘7 ji that congress may meet and reach a dev. " Jpn the matter of the canal bill, which Tu most Important question in Colombia todiy The national government bas issued a generous decree offering degrees to the | revolutionists, providing they surrender in the depastments of Boyaca, Cundinamarca, Santander and Tolima, by the end of July. Those in the other departments will, on account of the lack of rapld telegraphic communieation, have the time of their sur- render extended to August 7. Hundreds of revolutionists have surrendered already and more are coming in every day.” “I can safely say,” continued General Salazar, “that the revoluticnary army only exists on the isthmus because of the help glven it by President Zelaya of Nicaragua, who has violated all the rules of interna- tional law." Generals Serglo Camargo, Carlos Arturo Torres, Manuel Jose Angarita and other prominent liberal or revolutionary leaders have issued a manifesto addressed to thelr followers urging them to lay down their arms in order that the nation may reach a decision on the canal bill. This manifesto gets forth that the commerclal interests of the world demand the prompt construction of the Panama canal. This declaration shows that bothupolitical parties in Colom- bl are in favor of the project. The terms of the decree of the government granting pardon to revolutionists referred to by General Salazar are more generous than any of those which have been previously offered. The organizers of forelgn expedi- tions against Colombia, however, are ex- cluded from the terms of the decree. KING HAS REFRESHING SLEEP Doctors Say that the Royal Continues to Improve Every Respect. Patient in LONDON, July 11L.—At Buckingham palace the following bulletin was posted at 10 o'clock this morning L2 The king continues to sleep well and to ve In every respect. TREVES. improve in every respec TREVES. BARLOW. The following authorized statement was fssued this evening: The king has made such excellent prog- ress that his medical advisers belleve his majesty Is now strong enough to be re- moved from London. They feel that a change of air s very necessary at the present stage of the healing process. It [4 opeathat his majesty will ‘be able to leave Buckingham palace Tuesday for th royal yacht, which is at present at Ports- mouth, Tonight's report of King Edward’s condi- tion says his majesty continues to make £00d headway. ENGLISHMEN ARE TOO SLOW American Steel Firms See Business In South e ALTIOAL All the JOHANNESBURG, Transvaal, July 11.— The British trade commissioners, who re- cently arrived here from England, admit that they are amazed at the amount of business in steel bullding material which is offering and comment on the indolence of the British firms. They say that so far as they are able to iscover only one firm, and that an Amer- ican concern, has a capable rerresentative in South Africa, and he has been securing immense orders in Capetown and at Jo- hannesburg at his own prices for huge bulldings up to fourteen stories by being able to quote prices promptly and promise construction with American speed. HEAT INTENSE IN FRANCE Marseilles is Experiencing a Ge African Sirocco and Storms Are General, Exceptional heat, severe storms, prevalls throughout the southern and southwestern departments of France. Marsellles is ex- periencing a genuine African sirocco, with & temperature of 104 degrees, the highest in twenty years. There have been muany cases of sun- stroke at Montpelier, the heat has caused A number of deaths at Perpignan and St. Btienne and Lyons report violent storms of raln, lightning and hall, which have caused great damage to the crops and have killed a number of cattle. MORGAN IS NOT IN SCHEME Report that He is Planning for U eation of Turkish Debt is Denied by Plerpont. PARIS, July 11 companied by LONDON, Juiy 11.—There is no truth in the report published in the United Stat that J. Plerpont Morgan is planning a scheme for the unification of the Turkish debt. Plans for the unification of the Turkish debt have been In progress for some time P A report was current on the Berlin bourse yesterday that ‘the sultan had finally signed the irade providing for the unification of the debt. BOERS OBJECT TO THE OATH Considered Too Though Wil to Acknowled K as Soverel BLOEMFONTEIN, Orange River Colony, July 11.—Difficulty has arisen regarding the oath of alleglance. Many of the Boer commanders, field cornets and officials of the late Free State goverament refuse to sign the oath, though few of them object to signing the document called “The Declaration,” acknowledging King Edward the sovereign. The oath of alleglance, however, is much more binding. CHOLERA NOW DECREASING es Has Telling Ef- uch-Dreaded MANILA, July 11.—The spread of cholera bas slightly decreased, possibly on account of the rain. are; Manila, 2,180 cases and 1,718 deaths; prov- inces, 12,476 cases and 4,637 deaths. The totals sinee the outbreak mber in Chi duly 11.—General MANILA, troops in Mindanao island to General Sum. ber. The two gemerals are visiting Camp Vickers, where the Americans face the Moros. Davis has turned over the command of the American RUMORED TRACY KILLS SEVEN Report on Streeta of Seattle of Battle with Escaped Oonviot. SHOTS ARE FIRED AT CLOSE RANGE CHANGES MIND AT THE ALTAR Miss “Happy” Van Wyell Causes a Stir (From a Staff Correspondent.) WASHINGTON, July 11.~(Special Tel gram.)—Miss Theodora H. Van Wyck, fa- miliarly known as “Happy, daughter of Iate Senator Charles H. VA Wyck of Ne- braska, who was to have married Frank Mitchell of this city on Jul§ 3, recanted of her promise and the weddifig did not take place according to program, and thereby hangs a story which-is just becoming pub- lic. A license to marry Was issued July 2 from the office of the district supreme court to Mr. Frank Mitchell, aged 26, and Miss Theodora H. Van Wyck, aged 20, and on the following day the couple presented themselves at the residence of Rev. Dr. Wal A cordon of experienced marksmen | '™ lace Radcliffe, pastor of the New York When Deputy Sheriffs Are Sure Once More They Have Their Man He Again Slips Away from Them. SEATTLE, Wash., July 11.—Bloodhounds | and scores of deputy sheriffs were unable stir outlaw, Harry Tracy from concealment in_the brush near Covington today. Because of the midnight battle last night the posse were sure of the convict's where- abouts. encircied that place earlier in the evening | AYenue Presbyterian church, to have the and there was no possible avenue of escape | for the fugitive without a fight. were started on the trail early this morn- iw“ declared oft. It is said, however, that the young woman changed Ber mind in the ing and worked In every direction today, but without success. Darkness fell with less | Middle of the ceremony and that she re- encouragement for the hunters than on | arded the whole matter ia the light of a Wednesday evening. | Joke, Every kind of rumor was recelved trom | Shortly after the Interrupted ceremony the sceme of the sheriff's deputies’ search | M! Van Wyck left for Miiford, Pa., the today. At ome time a report was started | family home of the Van Wycks, where she that a battle had been fought, resulting in | has friends, leaving no ex tion of her the death of seven deputl d the wound- | strange proceeding to comsale her friends. ing of the convict. Diligent search for the | Miss Van Wyck, since her fother's death, source of this report met with fallure. It is belleved to be absolutely groundless, yet it ' can not be branded so until every part of the pursuing crowd has been heard from. The nature of the country through which the chase leads would make it possible for a battle to be fought in one of the ravines and little be heard of it in the neighboring towns for many hours. Fight at Close Range. At 11:45 last night Tracy arrived at the sawmill plant of the Covington Lumber com- pany, a mile from this place. Deputy Sheriffs J. A. Bunce, Fred C. Bunce, Galvin | and Crowe had been sent to guard this point. Deputies Crowe and the Bunces, father and son, had posted themselves on the railroad near the sawmill at the en- trance of a big cut near a rise of ground, the Bunces being on the outer guard line. They were hardly settled when they heard footsteps approaching from the Auburn side, but remained on the qulet until the unknown had almost come abreast of them, when the challenge to halt was given. “Hello,” responded the stranger. “What's your name?’ demanded J. A. Bunce. “My name is Anderson.” As he gave this reply Tracy, for it was he, started to run. The deputies again called upon him to halt, but he kept going and they opened fire, shooting four times each. Tracy ran up the track and a few yards further encountered Deputy Sherift Crowe. “Who goe: “A deput; Taken for a Deputy, Crowe, thinking it was the elder Bunce, started to approach, when Tracy commenced shooting at close range, firing two shots. The bullets whistled harmlessly by and Crowe suffered slightly from the burning powder as It sped from the muzzle of the rifle. - i After the shooting Tracy turned and en- tered the brush along the side of the track, where he was lost In the blackness of the night. The deputies made a hurried circle through the woods to Covington to head Tracy off, but on arrival found that he had Dot passed the station. A dispatch dated 3 a. m. adds that eince his escape from the north side of Slulce creek Tracy attempted to board ome of the eastbound freights. The grade is heavy at this point, but the train was running light and at such speed that Tracy was unable to board it. Another traln passed and the conductor reports that while running near the sawmill someone called for him to stop. There were no deputies present and it ie thought Tracy is the man who called and the opinion is advanced that he may have been wounded In the battle just before mid- night. A man thought to be Merrill appeared yesterday at the home of a farmer a few miles east of Ravendale, near here, and wanted food. He remained in the vicinity all day. TACOMA, Wash,, July 11.—At 8 o'clock this morning Sheriff Cudihee and numerous posses arrived at Covington, about twelve miles from Tacoma, where Tracy eluded the posse at midnight. Every train going' toward the Nérthern Pacific tunnel through the Cascades Is stopped and searched. The location of the country s such that Tracy may be eald to be naturally cornered in the point of a tri- angle and therefore developments are mo- mentarily expected. All indlcations are that Tracy iIs following the Palmer cut-off up the mountains, keep- ing in the timber as much as possible. He Ias about five miles start of the posse. A special to the Times from Covington, Wash., eays: A man answering the de- scription of David Merrill, Tracy's partner, appeared at Ravendale yesterday after- noon. He forced a family two miles east of that place to give him diner and later re- turned to the house and procured a supply of provisions. Sheriff Cudihee and Guard Carson, with bloodhounds and a small posse, left Auburn at 6 o'clock this morning for the point where Tracy was last seen. GUARDING THE COUNTY JAIL Feared that Second Attempt May Be Madé to Dynamite Bastile at St. Joseph. i spent a great deal her time in Washington, appearing at 1al functions under the chaperonage of & leading sena- tor's wife, having apartmemts at the Nor- mandle, The young woma# was known as Happy” Van Wyck, and in fact so regis- | ters herself. Rev. Radcliffe, while refusing to discuss the strange ending of what promised to be a most happy culmination of a genuine love match, stated that the couple, accom- panied by one person, whose name was un- known to him, appeared at his home and presented a proper marriage license. That was all he would say, excepting that the young couple left his residence unmarried. He preferred that the facts should come from the parties themselves. Friends of the principals of the affair say the would-be groom took the affair se- riously and was much surprised at the young woman’s change of mind at the crit- ical moment. It is understood that while she has social admirers, she had shown a decided preference for Mr. Mitehell, and at the theater and in mearly all her rides and drives about the city he was her cort. Miss Van Wyck is well known in Omaha, where she has frequently visited, apd at Nebraska City, where the family made its bome for many years. Her last visit to Omaha was In the spring of 1900, when she was accompanied by her mother, who died here?” challenged the ofcer. | a8t November. e "™ | PRESIDENT RATHER WORRIED Negotiations with the Vatican Giving Him No Little Concern, L. breezy outing in’the :"flfm. dent Roosevelt and Secretary Cortelyou took up the business which had reached them by wire and in the morning mail. A question which ‘now is engaging the president’s attention, and which is giving him no little concern, is that respecting the negotiations with the vatican fer the withdrawal of the friars from the Phil- ippine archipelago. Mr. Roosevelt has re- celved from Secretary Root the pope's note In reply to Governor Taft's proposition, cabled to the War department from Rome. It is announced that until the megotia- tions have been brought to an issue, suc- cessful or otherwise, no formal statement by the administration will be made. When that time shall arrive the statement will be glven to the public by Secretary Root fn Washington. Nothing will be made public here. Senator McLaurin of South Carolina, ac- companied by D. D. Colcock. secretary of the Loulsiana Cane Growers' association, arrived here today. Mr. McLaurin took luncheon with the president. Mr. Colcock saw Secretary Cortelyou, but did not see the president early in the day. He was desirous of discussing the Cuban reci- procity question with the president, feel- Ing that he could make out a good case for the southern sugar growers. Senator McLaurin sald his call was purely social, but it s not unlikely that Mr. McLaurin expected appointment as & judge on the court of clalms bench was under discus- slon. Father Thomas F. Malone of Denver, Colo., met the president at 12 o'clock to- day by appointment. They went over to- gether the case of the priest, John H. Cushing, who endeavored to see the presi- dent several days ago, but failed. Secre- tary Root Is expected at Sagamore Hill tomorrow. JUSTICE GETS A QUICK MOVE Man at Cheyenne Landed in Peniten- tiary Twelve After Crime is Committed. ‘Are Hours CHEYENNE, Wyo., July 11.—(Special Telegram.)—It required less than twelve hours today to capture, convict and in- carcerate in the state penitentlary Arthur Funk, a Denver man, who criminally as- ulted the 10 and 4-year-old daughters of Dan Soyder of South Cheyenne. Funk enticed the little ones to his room, where he accomplished his purpose and where their father found them. The police were notified and soon had Funk in charge. He was arralgned at 3:30 this afternoon, pleaded gullty, was sentenced at 4 o'clock to twenty-elght years in the penitentiary and at 5 o'clock was on the train enroute to prison. ST. JOSEPH, Mo., July 11.—Sheriff Spen- cer summoned a large force of guards to- night and armed them heavily in expecta- tion that a second attempt would be made to blow up the county jail and liberate tany desperate criminals awaiting transf to the penitentiary. Enough dynamite was stolen from a rock quarry today to blow up half the town, & cousiderable part of| RATE ~WAR IS IMMINENT which wi discovered to have been smug- — gled into the jall. Sheriff Spencer sent | Wab: Announces Cut for Round s family away. No stranger is permitted il N York A to approach within Afty feet of the build- e s S e o 34 ooty Excursion Tickets. WIDOW WANTS THE MONEY| cHicAGo, July 1L—Tomorrow the Chronicle will The present indica- Denver Woman Files Suilt to Rec: tions are that a passenger rate war in trafic is imminent. Lines east were sur- prised today by being served by the Wa- bash to the effect that the tickets will be sold by that line trom Chicago to New | York and return for $18 on all dstes when excursion tickets were sold by other roads to Atlantic City. As the notice now stands the Wabash will use the $18 rate to New York and return on July 17 apd 31 and $400,000 Bequeathed by Her Husband to Church. DENVER, July 11.—Mrs. Queen V. Colé todsy filed suit to recover onme-half the | property, principally Denv real estate valued at $400,000, which was recently pre- sented to the Penlel Trust, a Methodist organization, by her husband, Henry Cole, | on August 7 and 14, giving a return limit despite her protest. of twelve day: The days named by the The complaint alleges that during the [ Wabash are those selected by the Lake two years past Heury Cole refused to give his wite any money for her own use or for the purpose of articles needed in their home, ana charges him with cruelty in various forms. Shore, the Pennsylvania, Baltimore & Ohio and Pan Handle for their Atlantic City excursions. No reason is assigned by the Wabash officials for the rates. { ceremony performed. For some reason the | Hounds nuptial kpot was not tied and the affair INDIAN LANDS ON MARKET Fifty Thousand Aores on the Omaba and ‘Winnebago Reservation. IULE§ GOVERNING THE TRANSFERS Lands to Be Sold Are Those Formerly Allotted to Ind Who Have Since Died, Leav Helrs. WASHINGTON, July 11.—(Special.)—Un- der operation of law what is known as the heirship lands on Indian reservations are to be sold. There is more or less of this land on every reservation where allotments in severalty have been made, the amount on the Omaha and Winnebago reservations in Thurston county belng between 60,000 and 65,000 acres. This is among the finest agricultural land in the etate. The Interlor department has promulgated the following: Rules for conveyance of inherited Indlan lands. to bo observed in the conveyance of inherited land allotted to members of any tribe of Indians, for which trust and other patents have been fssued with restriction upon allenation, under the provisions of thy act of congress approved Februal , 1887 | (24 Stats., 38), or other act of congress, or any treaty stipulation, as authorized by section 7 of the act of May 27, 1%2, public No. 135, viz.: That the adult heirs of any deceased In- dian to whom & trust or other patent con- taining restrictions upon alienation ha been or shall be {ssued for the lands ai lotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interest shall be sold only by guardian duly appointed by the proper court upon the order of sich court, made upon petition filed by the guardian, but all such conveyances shall Dbe subject to the approval of the secretary | of the interfor, and when so approved shail convey a full' title to the purchaser, the same as if & final patent without restric- tlon upon the alienation had been issucd to the allottee. All allotted land so allenated by the heirs of an Indian allottee and all land 80 patented to a white allottee shall thereupon be subject to taxation under the laws of the staie or territory where the me is situate. Provided, that the sale herein provided for shall riot apply to the homestead dur- ing the Mlfo of he father, mother or the minority of any child or children. 1. The deed or instrument of conveyance must_be executed in the presence of two subscribing _ witnesses and acknowledged before an Indlan agent, if the grantors reside within the 'limits of an Indlan agency. 2 In case the grantors do mnot reside within the limits of an Indlan agency, the deed of conveyance may be acknowledged before a notary public, a justice of the peace or other person duly authorized to take acknowledgment of deeds, whose offi- cial_character must be certifled by the clerk of a court of record. under the seal of such court. 3. Buch deed or Instrument of conveyance must be accompanied— () By a certificate signed by two mem- berg of a business committee, if there be | such, or by at least two recognized chiefs, or by two or more rellable members of the tribe, or by other competent and credi- ble pereons, setting forth that the allottes to whom the land was originally allotted is dead, giving as nearly as possible the date of death. (I1.) By a certificate from the Indlan , superintendent of school, or other jcer In charge of the Indilan tribe, that e contents, purport and effect of the deed of conveyanoe were explained to and fully | understood by the grantors, and that the s that the same has ¥ fo-the frantees ln oney of the United States, and conveyance 18 in every respect free from fraud or deception, and that sald allottee did not reside upan his home- stead or allottment, nor culfivate the land sold during his lifetime and immediately preceding his death. If the allottee did reside upon such land, then it must be shown of whom the family of the deceased allottee consisted, their ages and relation to sald deceased allottee, in order to de- termine whether it is a ‘case in which a sale is authorized under the sald act of May 27, 1902. No Money Paid Indians. (I11,) The consideration money must in no case be pald the grantors; but a certificate from the cashier or other officer of some | reputable bank, or, in case there is no bank convenient, from 'a United States Indis agent, showing that the stipulated price named in the deed for the land has been deposited In such bank, or with such agent, as the case may be, to be pald to the grantors, or thelr order, upon presentat'on of the deed duly approved by the secretary of the interlor or by the president, must accompany such deed. (IV.) When the deed is acknowledged be- fore an officer other than an Indlan agent it must be accompanied (In lleu of the certifcates of the business committee and Indian agent In other cases required) by a certificate of the officer taking the ac- knowledgement as to the facts required to be certified by the business committee and Indian agent, or, if such facts shall not be known to' such officer, they must be verified by the afdavits of at least two credible disinterested persons who are cog- nizant of these facts, whose veracity must be_certified by such officer. (V.) Whenever a deed of conveyance properly executed shall be presented for approval to the department of the Indian agent, superintendent of school or other officer in charge of the Indian tribe, when competent from his general personal knowl- edge of the value of the land. he shall visit, view and report in his best judgment the value of the land, and shall réquire the parties in interest to' furnish an additional certificate of deposit to meet the valuation laced upon the land if it be In excess of fhe consideration namea in the deed. 1f such officer s not competent he shali re- quire the agency farmer, or other com- petent employe (if he has such in his em- ploy), to visit, view and value the land conveyed, But If neither agent, superin- tendent of school, nor other officer charge of the Indian tribe, nor any emplo attached to such agency, {8 competent, as aforesald, to appralse such land, then' the Indian agent, superintendent or other ofll- cer in charge of the Indlan tribe may se- | lect a committee of three competent and | disinterested persons (farmers or persons who by their occupation have personal knowledge of the value of the land) to make such visitation and valuation and furnish_written certificate thereof, the ex- pense of sald commission in all cases to be paid by the vendee. No Refund to Purchaser. (V1) Where these rules specify two or more officers or other persons to perform certain dutles preference must in all cases be given such officers or persons in order named. (VI1.) The afdavits of the grantors and of the granteeg must accompany ch deed, showing that there is no contract, agreement nor understanding (written oF oral) whereby the consideration money or price paid for the land, or any portion thereof, is to be refunded to the purchaser after the approval of the deed; nor any Tawful that the live stock, implements, other article or thing, are to exchanged or taken in leu of said consideration money or pur- chase price, or any portion thereof, for such land. (VITL) The testimony and all papers pertaining to the conveyance must be properly authenticated under seal, and In all other respects the conveyance must conform to these rules. 4 When the land conveyed, or any part thereof, s less than a legal subdivision or does not conform to the public survey a diagram, prepared by a ‘competent sur- Veyor, or an authenticated copy of the officlal plat of survey indicating all the land Intended to be conveyed, and all former sales by the grantors or allottees must be furnished for the use of the In- dian office, 5 No deed of conveyance for an un- divided interest less than the whole in in- herited Indian land will receive upproval unless executed by all the heira of the de- ceased allottee. When, however, a part of the heirs decline, for satisfactory reasons, o join the othet heirs in the convevance of inherited land, as aforesaid, then parti- tion_proceedin should be had with a view to "alviding the land between the several heirs; and when such partition has been made and approved and decreed by the proper court each heir may then sell and convey the rr.peul\!“rofllon of said in- herited. land partitioned o and set apart for him without the co-operation of the other heirs. A certified copy of such court pr ings in the partition must accom- icnunu-d on Second fi;u) —— CONDITION OF THE WEATHER Forecast for Nebraska—Falr Sunday Increasing Cloudiness. Saturday; Temperature at Omaha Yesterday: Hour. Dex. Hour. Des. 5o . 61 1P Miceeso 78 ™ 8P miieeis W - 8P omo. TN m 4P Mmoo TS m Bp.om.oii. TH m 6 p. Mmoo SO m TP Mo SO . 8P Mol TS Pp.m... TS GENERAL BATES LEAVES OMAHA To Be Transferred to Chicago Commander of Department of the Lakes. CHICAGO, July 11.—Promotion has again come to Major General Arthur MacArthur, who this time is to be transferred from | command of the Department of the Lakes { to that of the Bast, his headquarters being changed from Chicago to Governor's Island in .New York harbor. The total force of infantry under General MacArthur will number 16,000, In the joint army and navy maneuvers next month General MacArthur will com- mand the defending forces of 6,000, when a test of the coast defense ls to be made by a flotilla of battleships and cruisers. The transfer was made by President Roosevelt yesterday. Gemeral MacArthur was appointed to succeed General Brooke, who retires under the age limit July 21. Major General Bates, who is now in com- mand of the Department of the Missourl, with headquarters at Omaha, will be tran terred to Chicago to fill the position made vacant in the Department of the Lakes. The Department of the East is consid- ered the most important of all the divisions under the War bureau. It covers the whole Atlantic coast, extending from the northern boundaries to Key West and in- cluding the gult coast with the exception of Tex 1 FIND FITCHETTE GUILTY Jury Decides that Police Captain TraMcked in Positions on the Force. MINNEAPOLIS, July 11.—Police Captain John Fitchette, formerly known as “Coffee John,” was convicted tonight of tracking in positions on the police force. The spe- cific charge was that he accepted $200 from John Long for procuring the appointment of the latter as & policeman While the offense is only a misdemeanor and does mot Involve a penitentiary sen- tence, the conviction is regarded as of great importance in the current municipal cor- ruption expose because of the complication of other officials. The prosecuting au- thorities point out that it would have been impossible for Captaln Fitchette to have sold appolntments to the police force un- less he were in collusion with other offi- clals. The appointment of Long was made last August under the administration of Mayor Ames. He had been dropped from the department rolls when Ames resumed office six months before. Testimony showed that David Johnson, actiog as Long's attorney, pajd $200 to Fitchette, and when be callef.«t, the cap- taln's restaurant the next day to be in- formed of his client’s appointment he saw Mayor Ames in the plac PRESENT LIST OF OFFICERS Baptist Young People’'s Unfon Conven- tion Makes Nominations for the Ensuing Year. PROVIDENCE, R. 1, July 11.—At today's session of the Baptist Young People's union convention the nominatifig committee pre- |sented a lst of officers for the coming year, all of whom wers elected, as follows: President, John H. Chapman, Illinofs; vice president, George Miller, Maryland; second vice president, Thomas Trotter, D. D., Nova Scotla; third vice president, Sam- uel Seymour, Pennsylvania; recording sec- retary, H. W. Reld, Illinols; treasurer, H. B. Osgood, Chicago; members of the board of managers, Ira M. Plerce, D. D., H. W. Reld, J. W. Low, C. 8. Burton, H. F. Perry, D. D., W. H. Gelswert, D. D, E. W. Hunt, D. D., George T. Webb and M. L. Britton. LAW IS HARSHLY ENFORCED Wealthy Spaniard Comes to United States to Consult Eye Special- nt NEW YORK, July 11—A pecullar case of deportation, involving the denial of the right of a patient with an incurable malady to land in this couatry for the purpose of consulting a specalist, is that involved in the compulsory departure of Guillomo Sangerius, a wealthy Spaniard of Havana. Senor Sangerius arrived here from Cuba June 7. A physician of the United States Marine Hospital service, detalled to the immigration service, boarded the steamer after it bad passed quarantive inspection. He noticed that Senor Sangerius had trich- oma, a disease of the eye, and ordered him isolated in the United States Marine hos- pital for aliens. THINK MOHICAN IS SAFE Training Ship is Forty-Two Days Out from Yokohama and Not Yet at Homolulu. HONOLULU, July 8, via San Francisco, July 11.—The United States training ship Mohican s now forty-two days out from Yokohama, bound for here, and nothing has been heard of it since it left Japan. Rear Admiral Merry s inclined to think that it has encountered adverse winds and is coming along under sail. Movements of Ocean Vessels July 11, At Boston—Arrived—Commonwealth, from Liverpool At Colombo—Salled—Yang Tse, from Ta- coma, Yokohama, etc., for London. At Moville—Sailed—Pretorian, from Liver- | pool, for Montreal At Bouthampton—Salled—Fuerst Bis- marck, from Hamburg, for New York, via Cherbours. At the Lizard—Passed—Koeningin Luls, trom New York, for Southampton and Bremen, . At Genoa—Arrived—Aller, from New York, via Gibraitar and Naples. At Queenstown—Arrived—Lucania, from New York, for Liverpool, and proceeded. Salled—Marion, from Liverpool, for Bos- ton. ‘At Cherbourg—Arrived—Graf Waldersee, trom New York, via Plymouth, for Ham- burg, and proceeded; Columbia, from New Yorl Salled—Fuerst Bismarck, from Hamburg and Southampton, for New York At Siclly—Passed—Menominee, from New York, for London. 8t. ‘Michaels—Arrived—Hohenzollern, from New York, for Gibraltar, Naples and Genoa. At Liverpool—Salled—Bovic, for New York. At New York—Arrived—Manitou, from London; Campania, from Liverpool and Queenstown; Barbarossa, from Bremen At Havre—Arrived—La Bretagne, from New Yo k. ¥ “Flymouth—Arrived—Grat Waldersee, trom New York. REMOVING THE DEAD Blackened Bodies of Miners Taken from Dabris at Johnstewn Disaster, NOBLE WORK OF RESCUE IS GOING ON Brave Men Go Down Into Jaws of Death to Save Fellow Workers, INTO RAVING MANIACS Hours of Waiting in Pitoh Darkness Drive Some Btark Mad, GOVERNOR ORDERS AN TRANSFORMED INVESTIGATION Chief of State Burean of Mines Goen to Scene of the Disaster in Or. der to Learn Cause of the Explosion, JOHNSTOWN, Pa., July 12.—At 1 o'clock this morniug it can be stated of the 600 men supposed to have entered the mouth of the Rolling Mill mine of the Cambria Steel company Thursday morning, ninety are known to be dead and twenty-twe rescued. Four hundred, so the mine off- clals clalm, escaped when the explosion occurred, leaving eighty-eight still to be accounted for. Some of these, according to those in charge of the rescue work, are dead, but the majority, they claim, have escaped. From physic heads of rescus parties and others who are famillar with the different headings in the mine, it fs learned that at least fifty-two additional bodies will be brought to the temporary morgue at daylight, making the total dead 142. This, so President Stackhouse says, will be the extent of the disaster, but until all checks of the miners are taken an mc- curate list will be impossible. Some of the bodies, it is admitted, will be entombed in the closed headings or burled under slate. Somo may never be found. JOHNSTOWN, Pa, July 11.—This has been a day of herolc rescues at the fated Rolling Mill mine of the Cambria Steel company. Thrilling experfences attended the efforts of the forty brave and daring fellows who went down finto the bowels of the earth, stirred by a very faint hope that still they might be in time to restore to life some of those who are entombed. Death lurked everywhere around them, but undaunted they pressed forward, swayed with the noblest of human pur- poses. The reward of their offorts was the eaving of the lives of fourteen of thelr fellow-men and bringing them again into the sunlight and back to living fam- ilies. Dead and maimed bodies were lo- cated, but no effort was made to bring them out of the vast theater of death until every human energy was put for- ward to seelng that no living soul might escape their aid. That donme, the dead were put in trajn cars, brought up and exposed to morbid gaze, while belng trans- ferred to wagons in which ta be taken to the jmorgve. ot R & Elghty-seven dead bodles wers recovered from the mine between daylight and night- tall. Still a party of officials and miners battled on, three miles Inside the mine. Occaslonally word would come to the sur- face by some mysterious means that an- other heap of remains had been exposed to the vision of the searchers. There re- main dangerous headings in the Klondike section of the mine yet to be explored. No one knows how many more dead will be found there. The mine officials refrain from guesswork on the subject. Identified t of Dead. The official list of the bodles identified up to 10 o'clock tonight is follows JOHN R. THOMAS, la- EMERY BASSISTA. bor boss of School Place. EVEN KANOOZ. JOHN C. WHITNEY, STEVEN CIMKO. fire_hoss. MICHAEL SABOT. LLIAM BLANCH, as- MICHAEL SILOVINEC. tant foreman. M. BILOVINEC, Jr. OSEPH ~TOMLINSON, JOHN NOVAK. fire_bose. WILLIAM LEES. DANIEL LEES. MICHAEL M'GANN, PHILLIP M'GANN. JOHN 'CROOK. FRANK CHESTNUT. JOHN SADLER. JOHN HOLLY. THOMAS BISHOP. MICHAEL BOSANIO. GEORGE HOLOGIAK. JOHN WILAVENDER. FRANK GUZL. ANTHONY POLLAK. JOHN POLAK. FRANK SCHULTZ. GEORGE_TVAROZNA. TAVEL VRABEL. ANDRO HAVALDA. JACOB HUL. MICHAEL IVEK. JOSEPH 'RICZEK. BTOKJAN VERGAS. MIKE SABOT. MICHAEL DRICKA WADISLAW BUBRISKY JOHN ROPISCKI. JONN BAROK. JOHN LASKO MICHAEL PREZUHY. Johnstewn Horror Stricken. The impression prevalls among the out- siders and certaln employes of the mine that 150 is & low estimate of the casualty it Fated Johnstown spent the day hor- ror-stricken, Great thronge surged about the pit mouth, the improvised morgue at the armory and about the etricken homes of the dead. Exaggerated rumors of all kinds prevailed. One report gained cirou- latfon that disaster had overtaken the res- cuing party which entered the mine shortly after 9 o'clock. This was not disproved until word finally came from the men In the mine. It is difficult to picture with any degrée approaching its full worth the work of res- cue. How brave men went jnto the jaws of death in its most horrible form, encount- ered their fellows transformed iuto ravieg manlace by hours of waiting in the piteh darkness of the earth's interior, lifted them moaning from their beds of fallen rock and then, bending and crawling on all fours, car- rylng them a quarter of & mile underground to where cars could be reached to take them outside, Along in the early part of the afternoon cheering word came from the innermost re- cesses of the mine that life yet lingered in some of the bodles found. The rescuers made fi:st for No. 4, the left heading, which they had been unable to reach the night be- ANTON LAZARSKL VALANT PLAGA. JOHN KEER. BOLISLAW MISKOVSKI AUGUST STRUZINSKI. JOHN KARAWISCZ, MICHAEL OCILENDVIC. M. CILENVIC, . DOMBROW G. LEWAND 1 WILDAM KSONZK. JOHN HORVAL. FRANK JENDRESKI, WILLIAM SONZK. FRANK HOPLL JOHN GALYDA. FRANK LAZARSKL B. TETKOWSKL. JOHN TIBURSK] ANDRO BALASCAK. ANTON LUHASKI. BTANSLIU SCOLK. B. DOBRAZYIVECKI, JOSEPH MASLIVSKL PAUL SUTUILA, JOHN KARZIWICE, ANTON DEHLIC, ANDRO ZAJ. VIDA RACHA, sr, JOHN RACHA, jr. fore. Desolate, even for the scene of a mine interior, was the heading that stretched out before them. Falls of roef almost choked the heading, but through and over the debrie the brave men pushed thelr way. Maniac's Laugh Greets Them. In the fromt, young Patrick Martin, bis brother Peter, Phillp White and several cousins of the Martins made their way. Suddenly in an open space they were start- led by the maniac laugh which emanated trom a blackened form that rushed at them out of the darkness. The man grasped firmly a pick handle snd tried in his frenzy to beat down his rescuers. He was overpowered and dragged back to the main heading to the ca Thirteen other living men were found in this chamber and pbysiclans were quickly