Omaha Daily Bee Newspaper, July 23, 1902, Page 1

eemmmeepe———— HE OMAHA DaAILY BEE. ESTABLISHED JUNE 19, GOVERNMENT IS FAIR Archbishop Ireland Rebukes Oertain * Ontholio Organs in United Btates DISCUSSES NEGOTIATIONS IN PHILIPPINES Asserts that Pontiff is Grestly Pleased with Pregress Made. PAYS COMPLIMENT TO THE PRESIDENT Bays Oatholios Sheuld Be Proud of Attitnde Taken by Roosevelt. HOPES THE HOWLERS WILL NOW CEASE | Miattes is in the Hands of the Pope ©T. PAUL, July 23.—Archbishop Treland, in an interview with a representative of the Amsociated Iress today, reviewed at some length the negotiations conducted between Judge Taft and the vatican and took to task certain Catholle organs which have questioned the fairnes of the ad- ministration toward their co-religionists. The archbishop sald: “Yes, the news from Rome is quite satisfactory and quite correct. Advices coming to me from tho most reliable source confirm in all re- spects the dispatches given by the Asso- clated Pres: The sovereign pontiff and other Roman authorities are delighted with Governor Tatt personally and with the megotiations in course of progress betweeu him and the vatican. “Reports sent out by the correspondents of certaln London papers to the effect that the pontiff was displeased with the manner of acting of the commission of cardinals appointed te treat with Governor Taft were absolutely unfounded. As stated in this morning's Roman dispatches, the pontift sssured Governor Taft that he was gatisfied with the results so far obtained, and that he was confident the negotiations would be the starting point of a complete and tisfactory solution of the question under discussion. This shows the matter the vatican views it and as it really ia. “That the negotiations have not yet reached final conclusions and are to be transterred from Roma to Manila is what might have been expected from the be- ginning. Governor Taft is in & hurry to return to the Philippines and could not |prolong his stay in Rome, and, on the other hand, the problems to be solved are 80 complicated, especially trom the vatican | standpoint, that time in the work is of |prime necessity. Came to Agreement Quickly. *“The vatican and Governor Taft camo |easily and quickly to & substantial agree- |ment. The question for the vatican ls, | what practical methods are to be adopted into execution. | seeming to offer great difcuity, will be skjliful of tifical AR et theaelvas oot WIth: out friction or excitement, and so, when in Manfls, final conclusions are to be reached, things will have been ripe and will turn out all right. “This is the vatican method of proceed- Ing. It le & wise and prudent method. Mr. Taft understands the matter and leaves Rome satisfled and hopeful. He carries away with him the pontif's statement that the negotiations begun in Rome will prove to be the starting point of a complete and satisfactory solution of the questions at {ssue, and that much he considers quite suficlont for the moment. There can be no doubt but that the active co-operation of the vatican le secured to the American government in its task of pacification in the Philippines, and that in the results to come the government will have ample rea- son to comgratulate itself on having sent Govermor Taft to Roms “And now it is hoped there will be among certaln classes of Catholics in America & cessation of movements and declarations such we have had recent occasion to hear of regarding religious matters in the Philippines. The pope teaches those Catholics to trust the Amer- fcan government, as they seemingly have been heretofore unwilling to do. In his conversation with Governor Taft he ex- pressed the highest esteem for American methods of treating church matters and remarked that he had more than once pointed toward the United States as set- ting an example well worth copying. His words ought to signify something to those who profess to take him as their leader and gulde. At any rate, the direction of Catholic affairs is his business, not that of irresponsible church socleties or new: paper editors; and when he informs Cath- olics that any one matter is in hie hands they ought promptly to step aside and al- low him to have charge of it. In Hands of Po| *The question of religion in the Philip- plues is now formally and officially his own and it should be considered as such. A few there may remain who still belleve that they have a better understanding of 4t than he has, and will insist on telling Rim how to dle 1t, but such as those are the few, and at least it will be clear that they hold no brief whatever from the Cathollo body st large. “The agitation, such it was in cer- taln Oatholie quarters, did no honor to thoss who participated in it. As i1s now proven, they spoke and acted without due Xnowledge and certalnly without proper yegard for the government of thelr country. “They first should have been absolutely oertaln that injustice had been done to their co-religionists and next if injustices Bbad been done, they should have sought a remedy to them by an appeal to the proper officers hefore ralsing in public irritating clamors. That the vast alterations made In the Philippines by the transfer of the is- lands from Spain to American sovereignty serious complications were sure to arise in church matters as they did in socla! mat- ters was naturally to be expected, as it ‘was also to be expected that time would be required to regulate things properly; and that mesnwhile suffering in ome form or another was to come to interests most sacred and vital “Patience, then should have been had not haste should there have been to lay ‘blame upon the government which was dofog its best to bri order out of chaos and, above all, no charges should have been made against the intentions of the govern- ment. It was rank and the rashoess and rankest injustice to intimate that the gov- ernment intended to proselytize in the Phil- 1ppines or to d0 sught to teach the inhabi- tants the Catholic faith. To know In the slightest degree Mr. Roosevelt, Mr. Root (Continued on mr;A Page) 1871. OMAHA, WEDNESDAY 2¢ MORNING, JULY y 1902—TE PAGES. INGL CANADIAN HAS NEW IDEA Way to Best Morgaan is to Operate Lines Between Halifax and England. LONDON, July 22.—The House of Com- mons committee appointed to inquire into the question of steamship subsidles was in ession this morning and examined Senator G. A. Drummond of Montreal. Mr. Drummond said he had arrived at th. conclusfon from recent developments of American shipping combines that the land lines practically controlled the situation and that the ocean lines were merely adjuncts. At first sight 1t would appear that the pur- chase of a number of old British steamers by the American combination could be remedied by bullding new boats. But he be- leved that if this was done by & mew or- ganization it could be mado unprofitable by the Americans, who, by means of true bills of lading from the producing centers, could control freights as well as a considerable portion of passenger traffic. He belleved the only hope of escape from the combination lay through Canada. He advocated a speedy, up-to-date service of twenty-two-knot steamers between Great Britain and Halifax, instead of New York. Sych a line ought to be subsidized at trom $350,000 to $400,000 for ten years, half pay- able by Great Britain and half by Cana Thereatter, he belleved, the line, if judi- clously maintained, would be salf-support- ing. It would be advantageous to both coun- tries to cement the trade between Canada and Great Britain. Rear Admiral Lord Charles Berestord told the committee that he did not favor fostering trade by means of bounties. He objected to subsidies, but attached the greatest importance to Great Britain own- ing a mercantile marine contalning vessels of great speed and favored postal subven- tlons for the encouragement thereof. Lord Beresford suggested that the gov- ernment might bulld twenty-four knot liners and allow the companies to work them, the government sharing in the profits. The conference of the colonial premiers today also discussed steamship subsid! from the double standpoint of the econom- ical carringe of goods and combatting the subsidies policy of the forelgn govern- ments. Nothing of a definite character, however, was accomplished. TIDAL WAVE IS NOW FEARED Likely to Follow the Recent Severe Earthquake Shocks in St. Vincent. KINGSTON, Island of St. Vincent, July 22.—There was another severe earthquake here at 1:10 o'clock this mornin, of long duration and was accompanied by a repetition of the phenomena of Thursday last. The shock caused {intense excitement among the Inhabitants, who fled in thelr nightolothes into the streets and remained out of doors untll daybreak. Partlally de- molished buildings are being pulled down today for public safety. There was a thunderstorm last night. To- day the weather is very squally and the sea is receding. Some people anticipate a tidal wave ST. THOMAS, Dg W. I, July 22.-T) earthquake at St. Vincent yesteclay, se- cording to advices received here today, was local and appears to have been confined to within a certaln area, with Kingston and its vicinity apparently the center. USING LONGER LADDERS NOwW Burning to Death ot ment a Lesson. LONDON, July 22.—The Metropolitan fire brigade s recelving some hard knocks at the hands of lawyers engaged in the In- quest upon the victims of the recent fire in Queen Victoria street, when nine young girls were incinerated because the ladders were too short to reach the fourth story of the burning bullding. Captain Lionel de Lauteur Wells, royal navy, chief of the fire brigade, who had been on the stand vigorously defending his fire brigade in comparison with others, in- cluding the New York fire department, ridi- culed New York's elghty-five-foot ladder, of hich be handed In a photograph saying: ‘We had one of those, but we no longer have anything of the kind." Captain Wells criticised New York's fire department reports, declaring the returns of last year “did not even include the deaths at the Hoboken fire.” ARCHBISHOP FOR MANILA Vatican Preparing to Make Appolint- t and Create Philip- pine Dicceses. ROME, July 22.—Besides an apostolic delegate for the Philippines the vatican is preparing to appoint an archbishop of Manila, who probably will be Bilshop Sebastian Gebhard Messmer (a Bwiss), professor of canon law &t the Catholic university in Washington since 1590. The mew Philippine dioceses will also be created. Governor Taft before starting for Naples to visit Pompell and Mount Vesuvius expressed a desire that the bishop of one of the new dioeeses be & native Filipino. Major Porter has started for Paris to spend a few days there before returning to ‘Washington. KING TO HOLD A COUNCIL His Majesty Well Enough to Re: Some of His Offcial Dati LONDON, July 22.—The weather was less disagreeable at’ Cowes, Isle of Wight, this morning, and the reports from the royal yacht Victorla and Albert continue to chronicle King Edward's Improvement. It 1s said that he walked & few steps yester- day. The king will hold his first councll since A. J. Baltour became premier on board his yacht shortly. It is expected that the name of the new lord lieutenant of Irelend to succeed Earl Cadogan, whose resigna. tion was announced July 17, will then be announced. BOERS ARE TO VISIT EUROPE Their Secretaries Leave Cape- town to Make Trip. PRETORIA, July 22.—Generals Botha and Delarey, with their secretaries, left here yesterday for Capetown enroute for Burope. General Dewet will accompany them om the journey to the cosst. The date of their return from BEurope has not been definitely fixed. DENOUNCE THE GOVERNMENT Paris Mob Opposes Olosing the Establish- ment of Unauthorized Congregations, FIGHTING ENSUES AND ARRESTS FOLLOW 4 Sricals Lashed to Fury by the De- "’il,,fi‘--d Way in Which Gov- 7y ,oment s Carrying ",, Out the Law. PARIS, T, of prizes at a » ‘er the distribution selonging to an un- suthorized congrén. n in the Avenue Parmentier here today violent speeches were made to the assembled crowds, d nouncing the government's action in clos- ing the establishment of unauthorized con- gregations. Fighting ensued, the crowds breaking through the police cordon and shouting, “Vive Ia liberte!” Francols Coppe, the author and poet, who was the chief speaker, Deputy Le Rolle, Gaston Merry and the Abbe Partural were ar- rested. MM. Coppee, Lerolle and Merry were Iater released. Comte de Maille, who was among those taken into custody, was held for examination. Further disturbances and some arrests have occurred In other places. The determined way the government is earrying out the law against unauthorized congregations s lashing the clericals into | tury, which culminated in today’s disorderly demonstrations in Paris. Similar, though less violent scenes, accompanied the clos- ing of the schools and the departure of the teachers at other places. As a matter of fact, the clericals are manifestly in a hope- less minority throughout the country. Many municipal councils throughout France, including Lyons, Tours, Epernay and Beauvals, are voting resolutions ap- proving the government's action, congrat- ulating the ministry upon its firmness and urging it to continue its defemse of civil soclety inst the encroachments of the congregations. The government Is certainly applying the law with all possible moderation, and with the country behind it, it will accomplish it is belleved the task undertaken before Parliament reassembles. The clericals will doubtless continue thelr agaitation, but the movement is not likely to lead to any polit- ical result or cause serious disturbances of public order. WOULD INCREASE TARIFF Committee of Reichstag Makes Addl- tions Despite Vigorous Opposition. BERLIN, July 22.—During the last sit- tings of the customs tariff committee of the Reichstag numerous increases upon the schedule proposed by the government were adopted, despite the vigorous opposition of the Prussian representatives. Furniture, wood pulp, paving stcnes, brick and cellulose all had the tarff ralsed. Count von Posa- dowskl-Wehner, imperial secretary of state for the interlor, protesting, said: ‘Through such increased duties our com- mercial armor may become heavy for us to B e B counefl, already constitutes a compromise which should not be imperilled in order to gratify private wishes and local interests. The Lokal Anzeiger quotes Count von Posadowski-Wehner as telling the tarifft committee today: “I can say to you, gen- tlemen, that my belief is our tariff bill will never pas Count Posadowski made use of the above expression as a climax to his speech against the proposed increases in the tariff. His declaration has made a tremendous sensa- tion in political circles, and the ministry, probably through a desire to modify the naked statement of Count Posadowski, pub- lishes a weaker statement of his words. OFFICER WARNS DE MORES Is Told of the Danger of the Expedi- tion Which Resulted in His Death. TUNIS, July 22.—At the second day of the trial at Susa of Bl Kheir and Hamma Chiekh, charged with the murder of the Marquis de Mores in 1896, Colonel Ribillet was the first witness and the testtmony of General Laroque was read. Both officers declared that they sought to dissuade the marquis from starting on the expedition ‘which resuited in his death. De Mores said to General Laroque: *I am only risking my own life and that is my business.” The generfal replied: “But the failure of your expedition may retard our penetration into the Bahara for ten or twenty year: Colonel Reblllet testified that the marquis promised to take the road to Bir-es-Sol, but he did not keep his word and proceeded in the direction of Tripoll. De Mores' death, according to the witness, was due to a false fdea of the chivalrous character of the Touregs, whereas they were treacherous and bloodthirsty. NINETY-SIX ARE MISSING More Peoply FPerish in Steamboat Disaster at Hamburg Than First Supposed. HAMBURG, July 22.—The survivors of the steamship Primus of Hamburg, which, with 185 paseengers on board, was out in two and sunk by the tug Hansa yester- day, say that ninety-six of those who were on board that vessel at the time of the Qisaster are missing. Primus has been partially raised and brought nearer shore. The total number of missing is now placed at 104 Sixty- one bodies have been recovered. Inquiry into the circumstances of the disaster shows that there is a great lack of life-saving appliances on the Elbe ex- cursion steamers. Primus s known to have had on board only six life belts and a single boat. The steamer Dolphin, which came up. later with 400 passengers, had only ome boat capable of carrylng seven persons. VANDERBILT SLIGHTLY HURT llionaire Collides with ‘Wagon While Driving His Auto. Market PARIS, July 22.—As W. K. Vanderbil, ir., was driving a small automobile along the Chartres road, mear St. Arnold, be hind & larger machine, teday, he collided with a market wagon driven by a woman and both were upsec. Mr. Vanderbilt wi slightly injured on the leg and arm and the woman's face was scratched. sutomoblle was badly damaged. The acci- dent was due to the fact that Mr. Vander- bilt Aid not see the wagon until too late to avert a collision, owing to the dust ralsed by the larger automoblle, s The | LATIMER MYSTERY DEEPENS Testimony at Coronews Inguest Serves Only (0 Make Newd York Murder More Complicated. NEW YORK, July 22.—The coroner's in- quest called to investigate the shooting of Albert C. Latimer at his home in Brook- Iyn on the morning of July 2 was re- sumed today. Latimer dled in a hospital All he told of the shooting was that he was shot in bed, and that he did not believe it was done by a burglar. Frank Taylor testified that he had heard shots on the morning of July 2 and that someone cried out, “Walter, Waiter." Mrs. Belle Treadwell testified that a long time ago Mrs. Latimer sald It was “hard to be tied to a man and see some one else you really loved.” Mrs, Treadwell thought the remark was made without any refer- ence to Mrs. Latimer herself. William H. Tuthill was called. Ho sald he read that Latimer, when in the hespital, asked It he (Tuthil) was being watched He denfed that a meeting between him and Mrs. Latimer in Twenty-third street, New York, told of by Latimer's sister, was pre- arranged. The matter was explained to Latimer and they contimued friends. On the night of the shooting he went to the Clar- endon hotel, called on & young woman friend, whose name he would give if re- quired, but then he went home. arriving there at 11:15. Later a patrol wagon was sent for him by Mrs. Latimer and heiwent to her home and did what he could for her. He sald he could not account for Latimer's question: “Is Tuthill being watched?” It was true, he eald, that he stayed at the Latimer house two nights after the shooting, but he did so because mone of Latimer's brothers was shle to remain there. Hannah Larsen, a servant in the Tuthill home, corroborated Tuthill's statement, that he arrived at his home at 11:15. The wit- ness sald she could mot describe Tuthill's clothes. Elias Kasendorf, who lived near the Lat- imers, sald he heard loud volces from Lat- imer's house five minutes before the shooting. He could see the back yard of the house where the shooting took place, and he was sure no ome escaped that way. Mrs. Albert C. Latimer, the woman, was recalled and asked to describe the man she sald shot her husband. She sald the in- truder wore a mask so that she could not see his face, therefore she did not know the color of his eyes, nor whether he had a mustache. He was of medium height. He wore the peaked cap found in the house after the shooting. The hearing went over until tomorrow. Latimer's will was filed today. It dlsposed of property worth $19,000, With the will was a codicll written -on a prescription blank while Latimer lay on his deathbed in St. Mary's hospital. This codietl, which 18 _incoherent, reads as follows: Codicil: , T desire all of my among my children ohly. A. C.'LATIMER. The original will gave the widow one- tenth of the property absolutely and the income of one-third additfonal for life, the remainder of the estate to go to the chil- dren. —_— IOWA SENDING _ASSISTANCE e SRR Strikers, INDIANAPOLIS, July 22.—President Mitchell will leave for Chicago tomorrow atternoon. He will stay in that city & day and will then go direct to, Wilkesbarre to resume active managemend of the strike. The national officers attach a great deal of importance to the resolution reported by the committee appointed by the con- ventlon to draw up an expréssion in regard to the recent mine horrors in which so many of the men lost their lives. In this resolution attention is called to the fact that in several instances the men have been sent back to work in mines before the dead bodles of their friends had been removed. Miners from the Johnstown district, where the worst horror occurred, have de- clared emphatically that the men had been sent back to work there without making an effort to remove all the bodles first. This afternoon several large contribu- tions for the strike fund were received. District No. 13 (Iowa) sent $5,000; the Dollermakers and Iron Shipbuilders’ Na- tional union, $646; local union of mine workers of Glen Carbon, Ill., $500; local unfon of Jackson Hil, Ind., $200; district No. 3, Danville, Ill, $100; local union at Vandercook, Ill, $50 and other unions smaller sums. Mr. Mitchell says the national officers of the organization are considering the que tion of accepting the offer of the British trades union, through thelr federation, of financial aid in the strike. Indlanapolis unions met tonight and re- solved to assess members at least 1 per cent per week on their earnings for' the anthracite stirikers. This will amount to $2,000 per week. BUSY DAY AT OYSTER BAY Iy Large Volume of Official Business Demands President’s Attention, OYSTER BAY, N. Y., July 22.—Presidant Roosevelt and A ant Secretary Loeb disposed of am unusually large amount of official business today. The mail from Washington was very heavy acd contained several matters of exceptional importance demanding the president's attention. This afternoon Miss Alice Roosevelt was the guest of honor at an elaborate luncheon and lawn party given by Miss Helen Beekman at her country place just enst of Oyster Bay. Fifteen women were in- vited to meet Miss Roosevelt. The president is preparing for his trip to Seagirt, N. J., on Thursday. General Manager Besler of the New Jersey Central ced bis private car “Ailas” at the dioposal of President Roosevelt, and the train throughout will be of the latest pat- The presi- dentfal party will leave the state camp by special train at about 3 o'clock, returning to Atlantic highlands, where they will em- bark on Mayflower for Oyster Bay. President Roosevelt has determined upon the following appolntments for federal of- ficers at New Orleans, La, and the an- Douncement of them was made at Saga- more Hill tonight Elmer Wood, as naval officer, vice John Weber, deceased; Henry McCall, as col- lector of customs, vice Augustus I. Wim- berley, to take effect uext December; R. B. Kennedy (colored) as recelver of public moneys, vice Charles P. Johnston, to take effect January 1, 1903. Froderick 8. Gibbs, republican national committeeman from New York, was a guest of the president at luncheon today. At con- siderable length they discussed the poli- tical situation in New York state. Mr. Gibbs returned by a late afterncen traln 0 New York, 3y | | army. REDUCE PHILIPPINE FORCES In Oomnection with Event Beoretary Root Issues a Btatement. DISCUSSES NEED OF MILITARY COLLEGES Says Every Effort Will Be Made to Give New Officers Adv of the Schools to Established. WASHINGTON, D. O, July 22.—S8ecre- tary Root, batore leaving Washington today, iesued the following: With the reduction of the Philippine force and the withdrawal from Cuba, the army is called upon to resume its most impor- tant work in tume of peace, the work of prefecting itself in military sclence and skill_and of promoting the preparation of the United Btates against future wars, I wish to call your attention to matters which require speclal effort on your part. Bince the declaration of war with Spaln In April, 1585, there have been appointed in the line of the army 1542 lieutenants in | addition to 216 appointed from the military academy. Of these 685 were appointed from officers of the volunteers; 414 Wwere appointed from regular and volunteer armies, gnd 512 were appointed from civil life. "fhe abandonment of the military schools which " followed ent of the entire army in ac- operations, has left these for commissioned officers, the employ’ tive military 1,542 new I means of acquiring a_ systematic military education. While many of the former officers of volunteers: have acquired the most valuable experience by active service Tn'the field, yet it is of great importance to them as well as to the untrained ap- | pointees from civil life and from the ranks shall have an thorough that they opportunity for broad and training, both prac- tical and theoretical, under the competent master In the art of war whom our army is able to suppl Pro lon for Schools. Congress has now with wise liberality made provision for the reopening of the army schools, has given its sanction to the general system of military education em- bodled in the general order of November 71 last, including the enlargement and de- velopment of the Fort Leavenworth school into a general and staff college; the es- tablishment of the war college at Wash- ington with suitable bufldings and the rebuilding of the engineer school and has made ample preparations for these pur- 08es. P%ivery effort will be made by the war col- lege board, which has general supervision and charge of the whole system, to bring its advantages to the new officers of the army as speedily as possible, and to or- ganize officers’ chools at all the consid- erable posts without delay. I ask for hearty and effective co-operation with them on_the part of every officer of the There "are 1462 graduates of the academy now holding commis- They especlally have an opportunity to demonstrate thelr lovalty to the prin- ciples of that institution by helping diffuse throughout the service the benefits which have come to them from their four years of hard study, The newly appointed officers should re- alize that there is much to be learned, and that the way to qualify themselves for the high and independent command for which they should all hope is by constant in- tellectual exercise and by systematic study of the reasor:s of military action and the materials and conditions and difficulties with ‘which military commanders have to deal. Careful attention to the Instruction of the newly appointed officers is enjoined on all regimental troop, battery and com- pany commanders. They should be im- ressed with the importance of the fal ul _performance of every duty, however unimpertant It may appéar to ‘them and with_their responsibility for such conduct and bearing in all thelr relations as shall o honor to the service: B v YOUNG AMERICAN ptured with Band of Filibusters in © Nicaragua and is Likely to Be Executed. military slons. WASHINGTON, July 22.—The State de- partment has taken active steps to save the life of Dr. Russell Wilson, a young Ohlo physiclan, who is held under arrest at Bluefields by the Nicaragua military authorities. Wilson was a member of a filibustering party which made a landing near Monkey Point, about four miles from Blueflelds. Most of the party were captured owing to | the inability of the commander of the ex- pedition to land reinforcements on account of heavy weather, and among the number was Wilson. The Nicaraguan general was about to ex- ecute him summarily, but was induced by the pleas of some of the English-speaking people of Bluefields to allow the law to follow its course. This meant a trial by court-martial and it is the understanding that a death sentence was almost inevitable. Wilson lives at Milan, O., and Senator Hanna has Interested himself in his case. Today Acting Secretary Hill telegraphed to the United State consul at San Juan del Norte to make an immediate investigation and report the facts at once, not only to the. department, but alee to Senator Hanna, In addition the consul was directed to use his offices with the Nicaraguan author- ittes in favor of young Wilson, as Senator Hanna has represented that he was not a combatant, but was attached to the revolu- tlonary expedition In & medical capacity. The department, however, has not been informed officially of the facts comnected with Wilson's capture and in this case is soting entirely on Semator Hanna's rep- resentations. WESTERN NEWS AT CAPITAL Rural Free Mail Establi Nebraska. Several Rout Delivery WASHINGTON, July 22.—(Special Tele- gram.)—J. C. Deming has been appointed postmaster at Dustin, Holt county, Neb., vice J. B. Denals, resigned. Rural free delivery service will be cs. tablished on September 1 in Nebraska as follows: Bennett, Lancaster county, one ad- ditional route, area covered, square miles population, 500; Bennington, Douglas county, one route, area covered, twenty-elght square miles, population, 430; Emerald, Lancaster county, one route, area covered, twenty-two bquare miles; popula- tion; 450; Brock, Nemaha county, one route, area, twenty-elght square miles, popula- tion, 600. The postoffices at Ferry, Mahaska county, Landis, Taylor county, I have been or- dered discontinued July 31. CONSCIENCE TROUBLES HIM Another Twenty Dollars Added at Washington by One Whe & to Sorry. WASHINGTON, July 22.—One of the most upusual contributions to the comsclence fund ever chronicled in the history of the Treasury department was recelved today. Some possessor of an uneasy consclence sent Lo the department a $20 gold certificute in sections, One part was malled to the collector of customs in New York, and the other from Jersey City to the Treasury department. Accompanying this part of the bill was & letter signed “Conscientia.” When both pieces of the blll wers re- celved they were exchanged for a unew $20 bill, which has beea placed ln the “com- sclence fund.” ~ the enlisted men_ of the | tenants substantially without | to | CONDITION OF THE WEATHER Forecast for Nohr_ .- Thursday Showe ka—Falr Wednesday; and Cooler, Temperature at Omaha Yesterdayt Hour. Dew. Dex. . m. .68 . N0 . 63 1 . o7 w2 T 1 7 . m. i ki . m . N s1 . ™ .77 AFTER HENDERSON'S SCALP National Federation of Millers Will Attempt to Defeat Iowa Man for Congress. « MINNEAPOLIS, July 22.—H. S. Kennedy, secretary of the National Federation of Millers, ton!ght announced that the milling interests of the country are in league to procure the deteat of Speaker Henderson In his race for re-election to congress. The announcement was made prior to Mr. Ken- nedy's departure for Des Molnes, to attend a meeting at which measures and means to encompass Speaker Henderson's political downfall will be discussed. The resentment of the millers arises from Speaker Henderson's action in holding up the London dock clause smendment to the Harter bill, designed to do away with what American exporters regard as unjust discrimination against United States flour in the unloading charges at London. Ac- cording to Mr. Kennedy, Representativa Loren Fletcher had practically secured as- surances of the passage of the amendment and the millers of the country felt cer- tain that thelr wishes would be carried out when Speaker Henderson suddenly finter- posed his interference and held up the measure. Mr. Kennedy explains that no funds will be solicited outside of Iowa to prosecute the campalgn against the speaker. WANT COLLEGE OF HISTORY Committee on Memorial University at MINNEAPOLIS, July 22.—The Grand Army of the Republic committee named by Commander-in-Chiet El Torrance in connection with the Memorial university established at Mason City, Ia., by the American patriotic socleties, met here to- day and agreed that besides the colleges of medicine and liberal arts to be founded there should be a college of American history with a four-year course. It was announced that the Institution would open September 10 with & good attendance. The committee included Commander Torrance, Governor 8. R. Van Sant of Minnesota, Judge J. O. Plerce of Minneapolis, chair man, and Colonel L. B. Raymond of Towa. Captain Sorter, president of the Board of Regents, also was present. FORAKER SAYS ROOSEVELT Ohio Senator Says No Onme Else is Considered fér Republica Candidate. CINCINNATI, July 22.—Senator Foraker, in the course of an Interview here today, was asked: ‘“Are you correctly quoted a to the republican candidate of 1904, namely, that nobody Is seriously thought of except President Roosevelt?" “Yes, the statement published is correct, and the fact Is as there stated. Roosevelt 1s the only man who s serlously thought of by the great masses of the people. There lare a few flickering flames that some am- bitious partisans are trying to fan into a blaze, but they cannot make them burn steadily and they will all go out tn due time, extinguished by the firedamp of Amer- tean politic BOILER MEN ELECT OFFICERS Association Names St. Louls President and Decides to Meet Next in Chattanoogs. ATLANTIC CITY, N. J, July 22.—The American Boller Manufacturers’ assocla- tion of the United States this afternoon clected the following officers: President, John O'Brien, St. Louls; secretary, J. D. Farasey, Cleveland; treasurer, Joseph Wangler, St. Louls. Vice president: Rob- ert Monroe, jr., and Samuel Berger, Co- lumbus, O.; J. M. Robinson, Boston; M. F. Cole, Newman, Ga.; J. F. Casey, Chat- tanooga. The convention will meet next year at Chattanooy FOUL PLAY IS SUSPECTED Belleved that Soldier Found Dead at Brighto, dered. DETROIT, July 22.—Susplclon of foul play has been raised in conmection With the death of Private Joseph Desmond of the Fourteenth United States infantry, whose remains were found terribly mangled on the Pere Marquette tracks at Brighton today, near the rifie prastice encampment. Desmond’'s home is at Leavenworth, Kan. Two privates are under arrest at Fort Wayne, charged with absenting themselves trom the Brighton camp yesterday without leave. TRANSPORT SUMNER ARRIVES Members of Seventeenth and i'wenty- Fourth Infantry, with Officers, Return. SAN FRANCISCO, July 22.—The United States transport Sumner arrived today from Manila. It brought more than 100 cabin engers, mostly officers and army fami- 203 enlisted men of the Seventeenth in- fantry and 226 of the Twenty-lourth. There were two deaths during the voyage. Private Richard Johnson of the Twenty-fourth in- fantry died of pneumonia and Sergeant John Kelly of the Seventeenth infantry, who was on his way home to be retired, succumbed to & general breaking down. Movements of Ocean Vessels, July 22, At New York—Arrived: Kron Prinz Wil- helm, from Berlin; Frederich der Grosse, from Bremen; Lombardia, from Genoa and Naples. At Queenstown—Arrived: Have:ford, from Philadeiphia, for Liverpool, and proceeded At Rotterdam—Arrived: Ryndam, New York via Boulogne Sur Mer At Antwerp—Arrived: Friesland, New York. At Liverpool—Salled: Baxonia, for Boston via Queenstown. Arrived, Taurlc, from New York At Moville—~Arrived: Anchoria, from New York; Mongollan, from Montreal At Bremen—Arrived: Neckar, from Baiti more; Kaiser Wihelm der Grosse, from New 'York. At Lizard—Passed: Pennland, from Phil. adelphia, for Antwerp. At Auckland—Arrived: Sonoma, trom San trom from | Francisco. POLICE BOARD AGAIN MODIFIES JUDGMENT IN LAST ORDER Holds that Governor's Duty is to Appoint New Commission, MATTER SETTLED IS TITLE TO OFFICE Res Judicata Does Not Apply te Abstract Principle of Law. JUDGE SEDGWICK WRITES THE OPINION Argues that Former Cases Are Not Disturbed by Present Deolaion Further Than to Modify the Order, (From a Staft Correspondent.) LINCOLN, July 22.—(Spectal.)—The sue preme court this afternoon handed down another opinion in the Omaha Fire and Police commission case, this time modify- ing the judgment recently pronounced in the case of Redell against Moores. It ia now held to be the duty of the governor to appoint a Board of Fire and Police Come missioners for Omaha. The syllabus and text of the opinion, which were written by Judge Sedgwick, follow Abstract questions of law cannot be made the subject of litigation. There must be real partles and a res in dispute that will become res judicata when the litigation is determined. The former determination of this court that certain parties were entitled to hold the office of fire and police commisaioners of the city of Omaha. under the appoint- ment of the mayor and council of the city, Is not binding on the governor, so as to prevent his appointment of commiasionos under the provisions of the act for the incorporation of metropolitan citles. The right of the parties in that ltigation to the term in dispute therein is res judi- cata, but the principle of law announced, having been found erroneous and overruled, will not be followed. Text of the Opinion. The opinion follows: “‘After the former opinion in this case the relator filed what is by him denominated a motion for a new trial. This belng an original action in this court, relator as- sumed that he was entitled to use this form of motion. After argument the court announced to the parties that the motion would be treated as a motion for a rehear- ing under rule 7 and not as a motion for a new trial. ““The reason for this view is that a new trial s a reconeideration of an issue of fact (code, section 814), and In this case no evidence was taken and no {ssue of fact presented, the sole office of the motion is to point out errors In the former opinfon of the court. This is the provinee of & mo- tion for a rehearing. The court, after argu- ment, being deeirous of further considering the questions presented, both parties wers allowed time to file further briefs, and the case was submitted upon argument after rehearing le allowed. “The power of the lature to imposs upon the governor the duty of appointing the Board of Fire and Police Commi sioners for the city of Omaha was de- clared In Redell vs. Moores, 16 Neb., over- ruling State vs. Moores. This question had not been discussed in the present pro- ceeding, both parties regarding the matter as eettled. Upon the former hearing there was much discussion upom the question whether the general rule as to the conclu- siveness of judgments can be applied to soverelgn states while acting In govern- mental capacity, and in the opinion, State vs. Savage, It s sald: The state In the exercise of its govern- mental functions is not obliged to Invoke the ald of the courts in any case, but wi en it does so, it assumes the character of an ordinary suitor and Is bound by self- imposed restraints. It claims no advantage over {ts adversary, and though one is a sovereign and the other a citl Bland eaual before the law, C e they Doctrine of Res Judicata. Upon the present hearing the application of the rule in this case has been much dis- cussed. The doctrine of res judicata re- quires that when a thing is determined by a court of competent jurisdiction the parties to that litigation shall not be allowed In any other cause to retry the matter. The rule is of universal application. No proper party to litigation, whether sovereign or subject, is exempt from its control. To ap- ply the rule it is necessary first to ascer- tain what issuos were determined in th former litigation. It is sald by respondents’ attorney in their brie! In the Moores case the parties based their respective claims wholly upon the source from which they were derived. There was no common source; they came through entirely different sources. While the immegdlate question was the ri; the officers for a limited term, nation of that question necessarily volyed a determination as to th of the appointing power. A determin of that question was necessary, Impe and unavoldable. f the case could not be reached without first deeidin, that question. When that was dclnrmlnu’ the whole case was determined. That was the only question debated or recited, In whom was the appointing ? In th governor or t! only question Point in Former COases. “This 18 & very plausible statement of a point insisted upon, but s it entirely sound? It was undoubtedly necessary to ‘determine the location of the appointing power, but wae that the thing (res) in litigation, the substantive matter that the respective parties were contending for, or was it a proposition of law called in to ist in determining the right of the re- spective parties to the thing in contro- versy? That action was begun on the re- lation of the attorney gemers! againet J. H. Peabody et al, who were appointed by the governor. They answered, setting up thelr appointments s members of the Board of Fire and Police Commissloners for the city of Omaba. Peter W. Birk- hauser et al, upon their application, were allowed, to intervene, settiug up their right to the office by virtue of an sppointment from the mayor and council of the city. Each party demurred to the pleadings of the other and the question presented was, which party under the law is entitled to bold the office, the respondents for the term for which they had been appointed by the governor, or the intervemors for the term for which they bad been ap- pointed by the mayor and coumell? The object of the attorney general undoubtedly was to obtain from this court & construos tion of the law—that is, to ascertaln whether under the law the governor should appoint, or the duty devolved upon the city suthorities, That was the question argued by counsel and decided by the court. But was it In the legal sense the subject matter of the litigation? It seems clearly not. 1f the question had been pre- ented to the court me the thing to be ltigated, 1t would not have entertained ik The relator would have been told that