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

THE OMAHA DAILY ESTABLISHE] l’ § JUNE WITH DYING SOLDIER Rootevelt nds Half Honr at Bedside of Bpanish War Veteran. DAY AT DETROIT OTHERWISE UNEVENTFUL Ohurch Bervices, a Bhert Drive Consume His Tim GENERAL ALGER CHIEF ENTERTAINER d a Dinne Former Becretary of War Does the Honers with Mayor's Aid. PRESIDENT WILL BE VERY BUSY TODAY Makes Two Addresses to Young V. and Reviews Their Parade—Will Find Time Also for Ride on Steamboat. DETROIT, Sept. 21.—For the second time in its history Detroit is entertaining the chief executive of the nation. President Roosevelt arrived at 8 o'clock this morning over the Michigan Central rellroad and found Detrolt awaiting his arrival in gala attire. Flags were flying, the city was bright with bunting and pictures of the president greeted the eye at every turn Throughout the day crowds lined the streets about Hotel Cadillac anxious for a glimpse at the chiéf magistrate and his appearance was always the signal for en thusiastic cheering. The weather was all that could be desired, being bright and warm, with a pleasant breeze stirring It was a restful day for the president, although his time was completely occupled by the program mapped out for him by the local arrangements committee. Im- | mediately on his arrival he was driven to | his apartments at Hotel Cadillac. At 10:30 o'clock he attended services at the Fort Street Presbyterlan church, driving from there to General R. A. Alger's residence, where he was entertained at luncheon. He returned to the Cadillac soon after 3 o'clock, only to leave again in a short time for a drive about the clty. During the drive he called at St. Mary's hospital, on St. Antoine etreet, where Thomas K. Doherty, & local veteran of the Spanish war, 1s dylng of consumption. Doherty had expressed a wish to see the president and General Alger learned of it. Accord- 1ngly at luncheon today President Roosevelt was asked if he would call on Doherty at the hospital. The president answered he would be delighted to do so. Doherty i unable to sit up and the president re- mained at his bedside for some minutes, chatting with him and expressing words of cheer and hope. Then the president dined at the Cadillac with a party ot friends. . Reception at Station. When President Roosevelt's special train arrived this morning the great crowd on the platform and in the station cheered lustily. The réception committec. composed of Gav- ernor A. T. Bliss, Gemeral R. A. Alger, former secretary of war; Mayor Willlam C. Maybury, Congressman John B. Corlis: William E. Quincy, forther minister to The Hague; Judges Donovan, Brooke and Roh- nert, D. M. Ferry, George H. Barbour and u delegation from the Spanish war veterans headed by General Prell of Washington, General Harold McGrew of Indianapolis and Captain George T. Gaston of this city, marched down the platform to the steps of President Roosevelt's car. Mayor Maybury and General 'Alger entered the car and greeted the president. In a few moments the president, accompanied by Secretary Cortelyou, stepped down from the car and | the members were presented to the chiet magistrate. At & brisk walk, with the pres- Ident and Mayor Maybury leading, the party then started down the platform for the sta- lion entrance. A traln that had arrived Just & few minutes ahehd of the presiden- tfal stood on an adjoining track and its platforms were crowded with people anxious tor a glimpse of the president. To the theering which greeted him the president responded repeatedly with a smile and a wave of his hat. As the party reached the engine of the presidential train President Roosevelt stopped. He stepped over to where Engineer James Thomas and Fire- man John Mester hung out of the cab win- fow and gave the hand of each a hearty grasp. Naval Reserves Are Out. The Detrolt battalion of the Michigan saval reserves, with whom the president made & cruise on the lakes while he was | stood at the pres- istant secretary of the navy present arms on Third street Ident emerged from the depot. Bowling to the crowd that cheered him to the echo, President Roosevelt entered his carriage, accompanied by Seccretary Cortelyou, Gen- | eral Alger and Mayor Maybury. After the other members of the presidential party bad found their carriages the naval re- serves wheeled into line and with & squad of mounted police at the head the party started up Third street. Despite the com- paratively early hour the streets were lined with people and the president was greeted with & succession of cheers throughout his ride to Hotel Cadillac. At the hotel en- trance the naval reserves again formed in battalion front and stood at present arms s the president allghted from his carrlage st the Washington avenue entrance. Be- fore entering the hotel President Roose- velt walked across the street and compli- mented Captain Standish on the appearance of his men and asked him to thank them in s bebalf for turning out in his honor. Golug to his rooms on the second floor of the hotel the president recelved the reception committee and local newspaper men and then was left to prepare for church. Pastor Has Full Congregation. At 10:20 he left the hotel for the Fort Btreet Presbyterian church, accompanted by General Alger, Secretary Cortelyou und Mayor Maybury. The party stopped st General Alger's residence on Fort street, | where Mrs. Alger joined them. It was but s moment's drive to the church, which was crowded to its utmost capacity. The president ococupled General Alger's pew with the general and Mrs. Alger and Sec- retary Cortelyou. The church was beau- titully decorated with flowers and the pul- it was hung with American flags The subject of Rev. E. H. Pence mon was “A Threefold Gospel” text was from I Thessalonian: During the services the president’ Ite bymn, “God Guard Columbl sung. At the conclusion of the church serv- lce the president drove to Gemeral Alger's residence, where was entertained at luccheon. Governor Hlies, Mayor May- bury and Genmeral H. M. Dufeld were tho only guests aside from the members of General Alger's family. It was after 3§ velock when the president and Secretary — W (Contin ser- and his BEE. Other Members of Royal Brusse Family Today for Queen’s Mass, to Come from SPA, Belgium, Sept. 21.—A requieum mass for the late queen of the Belglans, at | which the bishop of Liege will officiate, will be celebrated here tomorr,: Special traihs will be run for the & %, ;n from Brussels to bring members Yy, moval family, who, after the mass, wite “‘ fpot the body of the late queen back « l, capital. King Leopold arrived here “ day | BRUSSELS, Sept Patriote trom Spa says that when Leopold arrived there he refused to speak to the Princess Stephanie, and compelled her to leave the royal palace. The princess coneequently left Spa suddenly. She rode to the station in a hired carrfage and amid demonstrations of sympathy from the peo- ple took a train for Brussels By Queen Marie Henrlette's own desire, her body will not be embalmed and an amu- let, a gift of her son, now dead, which she alwaye wore, will not be removed There are various versions of the quar- rel at Spa between King Leopold and Princess Stephanie, his ddughter, the most | reliable of which is to the effect that the | princess was in the death chamber when his majesty arrived at the palace. He re- t(ulu‘d to enter until she had left the room. | Princess Clementine, the king's third | daughter, came and took Princess Stephante Aaway. | chamber and prayed before the cofin for | twenty-five minutes. The news of the | quarrel between the king and princess | epread rapidly. It is announced that King Leopold will return to France next Sunday after the funeral. o Princess Stephanie is the second daugh- | ter of the late Queen Marle Henriette and | King Leopold. She married the only son of the emperor of Austria in 1881 and was left a widow fn 1889. She was married the second time in 1900 to Elmer, count of Lonay. This marriage was against the wishes of King Leopold who refused to permit it to be legalized. He has been very bitter against his daughter and courts | triendly to that of Belglum have declined to receive the prince DISCOUNTS PELLETIER'S TALK Premier Combes Implies that the Hel- licose Gentleman Not to Be Taken Seriously. PARIS, Sept. 21.—At a political banquet glven at Matha, Department of Charente- Iuferieure, today TPremier bes at tempted to efface the damage of the re- cent Indiscreet utterances of M. Pelletier and General Andre. After saying the gov- ernment’s religious policy had not violated the Concordat, which the ecabinet re- spected, M. Combes protested against the action of his political opponents, who, he sald, animated by a desire to besmirch the government's forelgn policy, had selzed upon the remarks of individual ministers, porary after dinner oratory, and mot al- ways correctly reported, and had _used them as government utterances, The pre- mier contended that such individual state- ments could not involve the responsibility of the government, which, under the par- llamentary system, could only be involved by the premier, who alone was responsible to the chambers and the country. In the matter of foreign policy, sald M. Combes, only the minister of forelgn affairs is en- titied to speak and act In the name of the government. In conclusion the premier summarized France's foreign policy as a desire to strengthen the existing good re- lations with foreign countries, and he re- iterated that there had been no change In the government's policy since the day he assumed office. The premlier's speech was recelved with prolonged and enthusiastic cheers. GENERAL BOOTH COMES SOON London Salvationists Send Him on Hix Journey with Greet! Comrades. to Americal LONDON, Sept. 21.—General Booth con- Qucted three farewell services at the Clap- ton Congress hall tonight. Three thou- sand Salvationists bade the gemeral god- speed at the evening service, when he ex- pressed a decision to convey messages of affectionate regard from them to Canada and the United States. The general asked those present to send a message that their American brethren, with the people Great Britain, might stand up before the world as friends of the human tamily, and that these great nations should work shoul- der to shoulder for the peace and happi- ness of the world. A mighty shout “Amen” and a forest of waving hands greeted General Booth's words. COLONIES MUST PAY FOR WAR Mining Profits to Be Taxed Tem Per Cent More Than by the Boe LONDON, Sept. 22.—The Dally Mail says | the government has decided that the mew | South African colonies are to be required to pay $500,000,000 toward the cost of the | South African war. The colonies are, how- ever, to be allowed ample time to make this payment. I¢ will not be collected until the extension of trade and expansion of rev- enue permit. Consequently the loan will not be floated for two or three years. Min- ing profits will probably be taxed 10 per cent more than before the war and money will also be obtalned by granting all kinds of. concessions and mineral rights [|SAY NO TO HAY'S APPEAL Unwilling to Act in Behalf of Roumantan Jews. LONDON, Sept. 21.—Cabling from Vienna, the correspondent of the Daily Chronicle says he learns that meither Austria mor Russia is willing to support the appeal madg by the United States in behalf of the Jews in Roumania. It is admitted, says the correspondent, that the treatment of Jews infringes the treaty of Berlin of 187§, but it is one of many instapeces of infringement without the powers protesting. YELLOW DEVILS STILL BUSY Shanghal Correspondent Reports Boxers Must Not Be Comsid- . ered m LONDON, Sept. 21.—In & dispatch from Shanghal the correspondent of the Stand- ard declares that Boxerism In Szchuen has not been subdued. The premises of the China Inland mission and Mel Yau have been destroyed, but mo lives lost. The Boxers are threatening three cities—Tan Lien, Hung Yen and Kal Ting Fu KING LEOPOLD REACHES SPA| 21.—A dispatch to the | King | King Leopold then entered the death | delivered by them in the fervor of extem- | of | ot | ()MrAl?{A. MONDAY MORNIN HENDERSON IN THE HOUSE How the Speaker Has Cenducted Affairs of His Exalted Office. WORKS HARD AND TRIES TO BE FAIR Political Influence aund Soeial Alike Impotent to Sway Discharge of Hi as Speaker, ral Him in Duty om a Staft Correspondent.) Wha. ANGTON, Sept. 21.—(Special.)—The recent declaration of David B. Henderson that he would not be a candidate for con- gress, outside of the great shock it gave the political world irrespective of party, has aroused Intense interest in the speakership of the house and the possibilities of the many men who are named as candidates for this high office. Consldering the prominence of the posi- tion and the immense power which it ig acknowledged Is wielded by its occupant, it is a somewhat remarkable fact that so lit- tle is known concerning the methods em- | ployed by General Henderson In the trans- actlon of public business as speaker of the house. This is doubtless largely due to the fact that at the very outset of his career as peaker Mr. Henderson substantially sev- ered his relations with the press, repre- sented by correspondents at the national capital. As chairman of the committee on judiciary and as a member of the house, Mr. Henderson had always been very popular with the newspaper correspondents. He told a good story, sang a good song (preferably Scotch) and could hold his own at the table with anyone—distancing quite a number. But when he was selected by his party to preside over the deliberations of the house Mr. Henderson took the ground that should he speak for publication of matters pending before the house it would appear that he was attempting to influence legislation and his words might be given a greater import oftentimes, perhaps, than they deserved. Consequently he withdrew from publicity as much as possible and his influence on legislation since then has been referred to only at interval was the case with the Cuban reciprocity bill, and his attitude has often been the subject of misrepresenta- tion. H Three years ago Mr. Henderson returned to Washington from Atlantic City, where he had been laboring with his colleagues on the house committee engaged in drafting the gold standard bill and in a conversation outlined the attitude which he proposed to as follows: “It has been my ambition,” he sald, “to round out my congressional career by serv- ing a term or two as presiding officer of the house of representatives. I have no de- Own Expression. speaker of ihe louse, Lilefly | sire to reign as a czar or to undertake to control and direct legislation in the house. It 1 am elected I expect to preside over the house in a3 fair and impartial a man- ner as possible.” And nothing has developed since Mr. Hen- derson assumed the position which he still octuples to indicate that his intentions have been changed since he became speaker. The accusation has been made many times and will doubtless be repeated that he has un- dertaken to play the role of a dictator and to control every matter that comes before the house and he has often been credited with interference which he had never con- templated. The crigin of such impreesions may be traced to the lack of proper understand- ing of his method of transacting the busi- fiess of the house. The complaints which have been made against the Reed rules, under which the House is now operating, are nothing new. They are repeated in each congress, yot each new congress since the rules were first promulgated has re- adopted them for its own guldance ani each speaker has been invested with the power he holds by the deliberate and will- ful action of the house. The rule most | complained of is the one conferring upon the speaker the sole right to recognize members who wish to call up bills in the morning hour. Should the speaker desire to recognize him he does so, and if not the member might shout himeelf hoarse and wave his hands frantically in the air, and as far as he was concerned the speaker would be blind and dea: Improved on Reed's Method. Fault has been found with Speaker Hen- derson for changing the methods of his predecessor, Mr. Reed, but it is possible that the eomparison of the two methods would show that the present is less ob- jectionable than the old. During Mr. Reed’s regime it was customary for the members, as permitted by the rules, which rules are still in force, to rise in their places and demand recognition. They did not, however, confine themselves to their seats in the house, but rushed to the front of the speaker's desk and ranged them- selves In a semi-circle, very much after the fashion of & pack of wolves who had backed a man up against a tree, and there shouted for recognition. Mr. Reed would recognize first one and then the other, ap- portioning his recognition between the re- publican and democratic side of the cham- ber, 8o a8 to give an almost equal num- ber to each side. As Mr. Henderson con- ducts the business of the house the mem- bers arise in their seats and ask for rec- oguition, which is given them according to a program arranged before the house meets. In Mr. Reed’s time he recognized only those who had seen him before the house met and whom he wished to recog- nize. The same is now true of Mr. Hen- derson, so that the only real difference be- tween the methods employed by these two speakers is that Mr. Reed permitted the members to go through the farce of stand- ing about the desk and clamoring for rec- ognition which Mr. Henderson abolished, with the result that there is now no die. order whatever. The theory remains the same, that before obtaining recognition the member must see the speaker and sub- mit his bill for his consideration. Privileged BillL As & matter of fact there are really very few bills which require recoguition trom the speaker. All bills from the com- mittee on ways and means and the com- mittee on appropriations are privileged Appropriation bills from other committees are privileged. The committees on pen- sons, claims and war claims, which com- mittees handle by far the greater part of the private bills introduced, have their own days under the rules when they are privileged to call up any bills the comit- tee desires. The District of Columbia committee has its day. Other bills are taken up under special rules reported from the committee on rules, so that there are comparatively few bills that can come up through Bno other channel than recogni- tion by the speaker. Mr. Henderson determines whom he shall recognize by requiring that the member shall explain to him the reason why ihe bill shouid pass. He also takes the report (Continued oa Third Page.) SHELDON TO RUN WITH ODELL New York Republicans Agree on Can- didate for Licutenmant Governor, and Al is Peace. SARATOGA, N. Y., Sept. 21.—Not In many years has there been, two nights prior to \he assembly of a New York state repub. lican convention, such piacidity as exists tonight. Undoubtedly this is because by far the majority of the selections for the state ticket have been practically agreed upon. Governor Odell will, of course, be re- nominated. The contest for Heutenant gov- ernor practically ended tomight when it was announced that the delegations from New York, Westchester and Brle counties had decided to go into the comvention pledged for George R. Sheldon. There is little or no platform talk tonight The planks on trusts, the tariff and canals are the only ones that cause.any discussion, the tax question having been generally out- lined in the speches of Governor Odell There has not as yet been anything de- cided on the trust plank exéept that while condemning certain combinations of capital there will be no appeal to congress for dras- tlc legislation. This is on the statement of Mr. Platt, who stated the platform was not complete. On the tarift question the indications are that a very definite stahd will be taken against revision on the grownd that the ben- efit to be gained will be infinitesimal as compared with the injury that will be done American industries and American work- ingmen by an opening of the question of re- vision. Nearly all the party leaders are here. A great deal of the detall of the convention has been arranged. Lemudl B, Quigg, who is to be temporary chairman, and Senator Ellsworth, who is to be jermanent chair- man, will not be here befire morning, and Edward Lauterbach, who ie said to be fram- ing the platform, is not bare. Governor Odell will be pit in nomination by former Senator Clarencs Lexow of Ny- ack. Mr. Sheldon will b mominated for leutenant governor by Serator Depew, and Assistant Secretary of Stete David J. Hill will nominate Judge Wernsr for the court of appeals. N. N. Stranalan, collector of the port of New York, sald tonight that the plank in the platform encorsing President Roosevelt's administration and nomination to succeed himself is ar strong as the friends of the president can wish. Governor Odell sent weed here tonight that he positively would n t come to Sara- toga during the convention. It had been planned that he should cume on Wednes- day, the last day of the convention, so that he might be the personal recipient of the nomination. He says in positive terms that he belleves it would te undignified for the governor of New Yort fo attond the convention for any purpose SHAW SPEAKS REASSURINGLY Declares that There is Really No Occasion for Any A ixiety Over Financial M: ters. CHICAGO, Sept. 21.—&)\retiry of the Treasury Leslie M. Shawd las Interviewed tonight in regard to a re!t that the abo- Jticn of the sub-treasur:™ lhaa been under consideration. 2k “The secretary of the treasury fs the only cabinet officer who reports directly to congress,” said Mr. Shaw. “I am empow- ered to make whatever recommendatlons I may deem advisable, and my forthcom- ing report may contain certain recom- mendations which I deem necessary for the public welfare. Should I say what those recommendations would be congress might decline to adopt them. “Abolition of the sub-treasuries,” con- tinued the secretary, “would release $83,- 000,000 at the present time. The re- mainder of the $218,774,500 in the treas- uries at the last report is in circulation now. We have sought to deposit the money as rapidly as possible and avold a contraction of the market.” “What 1s to be done before congress con- venes?" do not know that anything will be done. “By the anticipation of the October in- terest you have acknowledged the neces- sity for some action, and the high rate of interest prevalllng in New York s fur- ther reason for action, Is it not?” “Well, we have put considerable money in circulation through the banks and I do not anticipate any danger. The payment of the October interest, of course, brought some rellef. There is no occasion for any anxiety. What congress will do when it meets to relieve a contingency that is con- stantly recurring fs something I cannot foretell.” GENERAL Reduces BATES PUNISHES & Noncommissioned OMcer and Imprisons Eight Privates for Varions Offenses, CHICAGO, Sept. 21.—One non-commis- sioned officer s reduced to the ranks and eight privates are dismissed from the United States army and sentenced to terms in military prisons for various offenses in an order issued by Major General Bates, acting commander-in-chief of the Depart- ment of the Lakes. The officer reduced is Corporal Everett Scales, Company A, Fourteenth infantry, who was found gullty of assault with in- tent to do serious bodily barm. In addi- tion he will be required to forfeit $10 a month of his pay for nine monthe and serve the same perfod at hard labor In the prison at Fort Bradly, Mich. The soldlers discharged are: James J. McGuire, Forty-seventh company, Coast ar- tillery, desertion; Frank A. Rautenberg, Company B. Twenty-ninth infantry, deser- tion; Edward Norton, Second company, Coast artillery, desertion; Louls E. Bouch- ard, Company L, Third engineers, deser- tion; Arla G, Tonsing, Company E, Four- teenth infantry, desertion; Harry Pulver, Company K, Third infantry, larceny; Har- vey Hohler, Troop M, Thirteenth cavalry, desertion; Earl C. Hall, Company H, Four- teenth infantry, desertion KOCH WOULD COME GLADLY Accepts Iuvitation to Tuberculosis Congress on Condition that Ger- B Government Takes Part, ATLANTA, Ga., Sept. 2L.—Dr. George Brown of this city, secretary of the Amer- fean Tuberculosis congress, has received the following letter from Dr. R. Koch, the eminent German specialist, i reply to an invitation asking Dr. Koch to be Ip at- tendance upon the American Congress of Tuberculosis to be held In St. Louis in 1904 Esteemed Sir: 1 have just received your letter, and I hasten to inform you that in case the German government will officially take part in the congress of tu berculosis in St. Louls in 1804, appointing me as & delegate, I would gladly come. In this case I would also with pleasure ac- cept the nomination &8 vice president (Blgned) “B. KOCH." SEPTEMBER 1902, oo =2, SINGLE COPY POINTS IN THE TAX CASE Abstract of the Opinion Written by Judge Heloomb Denying Writ. QUESTION AS TO RIGHTS OF THE CITY Uniformity of Assessment Not Secured Under Present Method of Fixing Value of Local Property and Rallronds, (From a Staft Correspondent.) LINCOLN, Sept. 21.—(Special.)—Follow- ing is an abstract of the opinion of Judge Holcomb in the case of The Bee Bullding Company agalnst the State Board of Equali- zation The dominant idea of the organic is that neeatui revenues for state and mu nicipal government shall be raised by tevy- Ing a tax on property by valuation in such munner as that every owner of property subject to taxation ‘shall pay taxes in proportion to the value of the property wied. The word property is used as a generic term and in 1ts broad and compre- hensive sense, and comprehends, no doubt, ail intangible property of whatsoever kind, including tranchises, although the latter is xpressly specified, as well as drulhcal or tangible pruperty In determining the value of property for assessment purposes, we cannot take into account the large amount of property that annuaily escapes taxation. The only safe und satisfactory rule, as we view the sub- t, I8 by a comparion of values of prop- erty actually returned and listed for taxa- tion and theretrom ascertain the standard of valuation at which property is assessed and thus conform to the constitutional rule of uniformity. ihe object of the law of uniformity is reached If all property within that taxing jurisdictior lu assessed at a uniform standard of value, as com- pared with its actual market value, even though there be great arity between values, as assessed for taxes and the value as fixed in the 1 markets by bar exchanges or by buying and selling. would be unfair to the rallroad corpora- tions to assess their property at a greater valuation than that which prevafls gen erally and it would be unjust to the great body of tuxpayers were the values for the rallroad com- law assessment purposes of panies so disproy mit them to proportion of public_revenue, In the first return by respondents it was admitted that they had not assessed the franchises of the different corporati whose properties it was their duty to a thelr just and fair taxes needful for t escape the sess for the reason that they did not be- | lieve they were possessed with the au- thority and power to assess such fran- chises. In thelr amended return they al- lege in detall what action was taken and from these allegations in the amended answer and the evidence adduced, ask us to conclude, us a matter of law, that the franchises of the different corporations were considered, valued and actually as- sessed with the tangible property all as a unit. Intent of the Law. It In obvious the legislative intendment was to have all the tangible property of all corporations other than railroad, tele- graph and slecping and dining car’ com- panles assessed as other tangible property and that the value of the remainder or in- tangible property was to be ascertained by finding the value of its entire property as represented by its capital stock and then, by deducting the value of the tangible property, its Intangible, or that which was represented by its franchise rights, should be assessed as a separate and distinct item. It Is contended that this appiles aiso to rallroad corporations, but this cannot be upheld. The legislature has provided an- other and different method for these cor- porations. Had 1t intended that _this | method "should e followed in the case of raliroad and kindred corporations it would no doubt have expressed itself so in apt terms. The capitai stock of such corpora- tions usually represents property and as- sets situated In many different states and in several taxing jurisdictions and to com- ply literally with the provisions in this state would be utterly impracticable and impossible. In the assessment of such properties the main object to be accomplished is to fix the valuation with reference to uniformit us regards assessments generally. 1In termining this value It is the duty of th board to consider all factors having the elements of property and which enter Into and form a part of the total property and assets. Whether the property be tangible or intangible or a valuable privilege or contract right which enhances the value of the corporate estate and adds to its income earning capacity, it should be cou- sidered and taken Into account by the assessing board. Regarding the subject of uniformity of | assessment. it may be said that or inflexible rule can be lald down. A valid assessment can result only in the exercise of an honest judgment. Much of the prop erty of rallroad companles is of suc a nature and so situated that in the ascer- tainment of its value the ordinary methods as applied to property generally is of no practical benefit. A raliroad right-of-way, roadbed, tles, irons, etc., required for th necessary and successful operation of the road and the conduct of the business are of such a character that it would be diffi- cult_indeed to say what its market value is, determined alone by the consideration of what it would bring in cash if exposed to public sale. Such a property cannot be separated Into broken parts, as it may be located and used in different taxing juris- dictlons. The property can have but one true valne, whatever may be the purpose of the investigation. Rule for Valus Whether it be for the purpose of fixing reasonable rates for the transportation of passengers and freight or for the purpose of taxation. the rule to be applied should be the same If the rallroads insist that thelr property is ot a certaln value for the purpose of determining what are reasonable maximum charges for traffic, they have no ground of .complaint if the same property Is assessed at the same value for taxation purposes. In the maximum frelght rate case from this state Mr. Justice Brewer said that the basis of all calculations must be the falr value of the property being used by it for the convenience of the publit. What the company is entitled to ask is a fair_return upon the value of that which it employs for the public convenience. As to the inclusion of the value of stocks and bonds, it s insisted and not without merit that' these are at times and in many instances more or loss fictitious, occasioned by abnormal conditlons and frequently re- sult from manipulations on boards of trade and In the stock markets. While conceding that market value may not always furnish the best evidence or the exclusive criterion of the value of the corporate property, it cannot be gainsald that the amount and value of such stocks and bonds, If not sub- ject to extraneous Influences, would very generally, if not uniformly, be a most im- portant factor in the determination of the Value of the corporate property which they represent We do not wish to be understood as say- ing that a valld assessment may not be made without resorting to the method just discussed. There are no doubt other ave nues of information and other factors proper to be considered and when so con- sidered cannot be treated as a nullity nc can the deduction that property has been omitted which it is the duty of the board to assess properly be made.” We have seen that the proprty should be assessed as a unit and If in making such assessment the board omitted no property which it was required to assess we cannot issue a writ requiring them to do that which they have already done, even though the court be of the opinion that the method adopted s not the one best calculated to produce more nearly the most accurate result Deductions from Testimony. j0 fixed If the board acted honestly, if it assessed the intangible with the tangible, if the al- legations in_the amended return are sus- tained by the evidence, then such return is conclusive and a peremptory writ of mandamus cannot issue. It is fairly to be deduced from the testimony that the board acted largely on the prior assessments without entering into any very extended and exhaustive Investigailon on its own behalf. The only inference deducible from the evide is that the board's valuation was that which it has used and by reason of its use as proven by the fact that had it considered only the physical value of the property would be no such dis. crepancies as appear in the valuations of main lines and branches. The relators argue that while the value »f all raflroad propertics In the state has increased at & very great rate in recent vears, the stocks almost doubling in value, the value for taxation pérposes is sub- (Continued on Second Page.) riionately low as to per- | | testing CONDITION OF THE WEATHER Forecast for Nebraska Fair_Monday, Warmer in Western n and Cooler in Eastern Portion; Tuesday Falr and Warmer. Yesterday: Dew m. « m. m. m.. m. m. . m. mperature at Omaha Deg. Hour. . 62 1. .62 2 p. .62 8 p. v 6 » . 04 oo 64 .63 s OMAHA'S RED LETTER DATES. September opens. September 27—Prestd Reviews Electrical October 1—Ak-Sar-Ben 24—Ak-Sar-len Street Fai Roosevelt Pagenant. Daylight Pa- Blectrical Pa- Royal Court October 4—Ak-! cloes. BALLOU SHIFTS THE BLAME hat He Was Not Birmi Catastrophe. ar-Hen Fair Prisoner Declares Responsible fo gham BIRMINGHAM, Ala., Sept. 21.—This was a day of funerals in Birmingham, the bodies of thirty-eight victims of the panic in Shiloh church being interred in the various cemeteries for negroes around the city. All the negro churches were crowded. The death list is now known to total at least 105, and 100 of these have been iden- tified. The police aseert that in addition at least five bodies were taken to private houses. This would swell the number to 110. In nearly all of the churches for whites sums were raised today to assist the negroes who are unable to give their dead a proper burfal, and a fund aggre- gating $500 has been accumulated. Among the victims of the disaster was Kassougo, an African boy, brought from the Congo Free State two years ago by Rev. S, Phillips Verner of Tuscaloosa. Mr. Verner was a missionary to the Congo country and fell into a game pit while there, being severely wounded by the point of polsoned stake. Kassougo drew the poison from the wound with his mouth, saving Mr. Verner's life. The latter brought the boy here to educate him. J. H. Ballou, who is in jail charged with precipitating the stampede, says he does not feel responsible for the accident. His statement ¢ “l was seated in the front row of the rear platform of the rostrum in company with Major R. R. Wright, president of the Industrial school of Georgla. The presi- dent of the convention was arranging seats for the permanent delegates, but evidently was having some trouble. In the same row with me were other delegates, whom the president had requested to glve up their seats. He said nothing to Major Wright .or myself, and I, of course, being in company with Major Wright, thought | that as he was to retaln his seat, 1 would aleo. Hicks came to us and sald we must give up those seats, and used abusive lan~ guage. We pald no attention to him. All of this was before the arrival of Wash- ington. ‘The whole trouble was reported as being caused by Hicks and myself, but such is not the case. There wefe at least half of the people present who came only to hear Waskngton, and {mmediately after he closed his address they left their seats and started for the door, not only from | the firat floor, but from the gallery as well. “About this time Hicks again approached | Major Wright and myselt and ordered us | to ‘move and I, as spokesman, refused. | He then caught me by the lapel of the coat and reached in his hip pocket. While | we were scuffiing the stampede occurred. Everyone in the church was uneasy, owing to the fact that the chairman had given instructions that no one else be admitted, as the building would not be safe.” KILLS FATHER TO SAVE MOTHER in Taken Measure to Protect and Children. Boy Connecticut Severe Woman WOONSOCKET, R. I, Sept, 21.—Because he desired to protect his mother from vio- lent treatment at the hands of her hus- band, and fearing also that his own life was in danger, Willlam C. Bonin, aged 20 years, shot and killed his father, John B. Bonin, aged 42 years, this afternoon. The tragedy occurred at the Factory boarding house, of which his father was proprietos, at Slatereville, North Smithfield. There were present at the time also five small children of the family. Atfer the shooting young Bonin went to his room, put on his best clothes and waited until the officer who had been called by his mother came for him. He sald it was better for his father to be dead than to be gullty of the crime of killing his wife and then him- self, as he had often threatened to do. MAY CONTEST STRATTON WILL Son Not Satisfied with the Amount Left to Him by His Father, COLORADO 8) RINGS, Colo., Sept. 21.— Nothing could be ascertained today rela- tive to the probability or possibility of a contest between the heirs over the Strat- ton will, which gives $10,000,000 or more for a home for the sick. It is understood from a close friend of Mr. Stratton’s that the son, I. H. Stratton, declared some time before his father's death that if the will did not give him a specified sum he would contest it, and that the sum left him is much less than the sum he named. He has not announced any intentlon of con- however, mor has he authorlzed the statement that be is likely to. IT IS NEWS Al WELLESLEY Prex French Pres| Colleg: Knows Nothing Wite's tention to Send Girl ot ent's Re- ported BOSTON, Sept. 21.—Inquiry of President Hazard of Wellesley college today brought out the information that the Wellesley au- thorities know nothing of the reported ac- tion of Madame Loubet, wife of the presi- dent of France, In designating young women to be sent to Wellesley and Vasear. Movements of Ocenn Vessels Sept. 21, At Southampton—Salled: _Friedrich der Grosse, from Bremen, for New York At Bellly—Passed: Minneapolis New York, for London At London—Arrived New York At Moville — Arrived Liverpool, for Montreal trom Menominee, from Parisian, and from proceeded | der she had ’l;[l R Pi E 7(‘ENT OLSEN FATALLY SHOT Man Whe Murdered Mary Petersen in Omaha Needs No Trial Jury, RECOGNIZED ON STREETS OF BANCROFT Constable Oopple and Posse at Onoe Starts in Pursuit, DRAWS REVOLVER WHEN OVERHAULED Answer to Demonstration is Three Rifle 8hots, One Fatal. UNCLE OF DEAD GIRL IDENTIFIES HIM Olnen Spent Night in Town and Appar- ently Made No Effort at Concenlt ment, Though He Was Known There. BANCROFT, Neb., Sept. 21.—(Special Telegram.)—Peter Olsen, who shot Mary Petersen in Omaha on the night of Septem- ber 8, was shot and almost instantly killed here this morning. He came to town last evening and registered at the Park hotel as W. Johnson, having supper, bed and breakfast, paying for the same this morning. He was around town all evening and got shaved at the barber ehop, but was not recognized by anyone. This morning Lee Fletcher came to town, and although he only saw Olsen once about six months ago, he recognized him, but was not certain enough to cause his ar- rest. He left a man to watch him and hurried out in the country for M. P. John- son, an uncle of the murdered girl, and with whom Olsen had visited last June. Olsen also recognized Mr. Fletcher and seemed to know they were after him and left town. As Mr. Johneon wae coming in he saw Olsen going up the raliroad and recognized him by his walk. He at once notified Constable J. O. Copple, who or- ganized a posse and started in pursuit, overtaking him about three miles from town. Constable Copple and John Farley, armed with rifies, were the first to be on the scene, and when about fifty yards from Olsen they dismounted, and taking refuge back of a culvert ordered him to surren- der. He reached for his revolver and the second command was given, when (he re- volver was flourished. The order glven to shoot; three rifle shots were fired. only one taking effect, entering about three inches above the na- vel and passing entirely through the body. Upon examination it was found that the revolver contained only one shell and that had been snapped three times. There were no papers on his person. The revolver and $1555 in money was all that was found. He was loaded into a buggy and brought to town, where a closer examination was held. The clothes he wore, the scars on his neck and the scar on his side where he was operated on for appendicitis tallled exactly with the deseription sent out by the Omaha police. Coroner Sammons, Sheriff Kioke and County Attorney Hunker came over from West Point this evening, and upon ex- amination said that there was no question but that he was the right man. History of the The police of Omaha were considerably worried at first when the news of the shooting of Oleen was received, for fear that he had been shot on the strength of the description sent out and that a mi take might have been made. They are now satisfied, however, that the dead man s Olsen, as another message from Bancroft later was to the effect that the uncle of the dead girl had positively identified him. Johnson had known him for years and the police believe that no mistake In the iden- tity is possible. An officer will be sent to Bancroft today, however, to make sure that o mistake has been made. Baneroft is on the §t. Paul & Omaha road, seventy-three miles north of Omaha. After the murder Olsen was traced to Ruser's park by the Omaha police, and there he headed north. From that time until he was seen at Bancroft no trace of him was found. The police believe that Olsen did not eatck a train At the crossing near Ruser's park, but traveled at night and re- mained in hiding duriog the day, walking most of the way to Bancroft. The police were notified that an inquest would be held Sunday afternoon. The death of Olsen is the final act in a most cold-blooded and unprovoked mur- der. He had been madly and hopelessly in love with Mary Petersen for ten years, and during that time she had dlscouraged bis attentions. The night before the mur- left home to avold seeing him, and when Olsen was informed of this by a younger sister of the murdered girl he appeared very down-hearted as he left the house. The following night, Septem- ber 8, Olsen came to the house, 2408 Pa- cific street, and without knocking opened the door to the kitchen and entered. In the room were Mary Petersen, her mother and her sister. Without a word Olsen stepped to within & few feet of Mary Pe- tersen and fired. As the girl fell to the floor Olsen replaced the revolver in his pocket and left the house. The ball en- tered the left breast. The Injured girl lingered between life and death until the following Saturday morning, when she died at St. Joseph's hospital without having re- gained consclousne Olsen came to America from Denmark ten years ago with the Petersen farily and for a number of years was looked after by them as one of the family. At the time of the murder he was employed by Nels Nellsen, a dniryman, at Fifty-seventh and Center streets. In his room the police found @ note which he had left conveying the impression that he intended to take his own life. Although the police were on bis trall less than thirty minutes after the shooting they got mo trace of him after he was seen at Ruser's park two hours later. Mary Petersen, the murdered woman, was the sole support of an inva lid father, an aged mother and a young sister. Relatives of the dead girl ex- pressed their satisfaction at Olsen's death. M'COOK'S BRIGADE RETURNS It is Tramping to OId Battlefields and Preparing to Crime. Erect Monuments and Markers. ATLANTA, Ga., Sept. 21.—A number of survivors of Colonel Dan McCook's brigede spent the day at Marletta, Ga., where me- morlal services were held this afternoon in the Natlonal cemetery. The brigade was organized in Chicago and the visit through the south will include battlefields where the brigade fought during the civil war. The survivors will erect mopuments and At Ban Francisco- Oregon, trom Br Arriv, : " Batueship merton. markers on the different positions held by the brigade during the battles fought.