Omaha Daily Bee Newspaper, December 17, 1902, Page 1

— _ — THE OMAHA DAILY BEE. ESTABLISHED J UNE 19, 1871. OMAHA, WEDNESDAY MORNING, DECEMBER 17, 1902—-TEN PAGES. SINGLE COPY THREE CENTS. GRAY ASKS NEW LAV Bnggests Passing Aot to Prohibit @hildren Working at Night. PROPOSAL RESULT OF GIRLS' EVIDENCE | Little Ones’ Misery Doeply Touches Jurist's Big Heart, HEARS FATHERS EARN LARGE SALARIES One Makes Thousand and Another Nime Hundred in Year INDEPENDENT OWNER FAVORS BETTER PAY Thinks Labor Has Right to Com Should Recelve Bigmer Per. of Heavy Profits Made by Operato: cen SCRANTON, Pa, Dec. 16.—Notwith- etanding that the wine workers announced yesterday that they had closed their case with the exception of ome witness, the whole of today was taken up In hearing three witnesses for the men. They were: John C. Haddock, an individual operator; the Rev. Dr. Peter Roberts, who s assist- ing the miners, and Samuel Gompers, pre fdent of the American Federation of La- bor. Mr. Haddock favored giving the mine workers better wages, und agreed with thelr organization. Mr. Gompers spoke as an expert on the trade unlon mevement, and created a stir when he strongly im- plied that the coal companies were bring- ing Immigrants to the coal reglons. One of the operators’ lawyers asked it he knew that from personal knowledge. He offered to prove it if necessary. The miners made anothsr attempt to t In evidence tending to show that the nthracite roads charge extortionate and diseriminating freight rates and that a monopoly exists in the anthracite mindng industry which keeps the wages of en at an unnaturally low level. The com: fon again decided that the evidence must be limited to the scope of the inquiry, and pointed out that if it did take up this matter the men would still have to show the reasonablemess of thelr demands. Impres by Little Girls, When the strike commission met Judge Gray opened the proceedings by saying that the commissioners were impressed with the spectacle of the little girls who were before them yesterday. He sald the people of the community and cltizens of the commonwealth should not let the incident pass without taking some steps to have the legislature of Pennsyl- vania seriously consider the enactment of a law to forbld the employment of children at night. At the suggestion of the commission the statement of the wages of the fathers of the two little girls were presented. One earned more than $1,000 last year and the other over $900. 3 Then the miners sprang another surprise by calling another Individual operator. He was John 0. Haddoek of Wilkesbarre, pres- ident of the Plymouth Coal company. He sald he had been in the coal business thirty-five years. His company operated the Black Diamond and Dodson mines near Wilkesbarre. till March 14, when they went Into the hands of recelvers. On No- vember 14 trustees took hold of the prop- erty. Mr, Haddock then explained that the miner's tor, which runs from 2,700 to 3,200 pounds, was fixed years ago so that the em- ployer could get 2,240 pounds of pure coal above the slze of a pea. Pea coal and all sizes below that was waste. The waste was now belng utilized. Regarding the prices of coal, Mr. Haddock sald the middle man In New York was paying $11 and $12 Tries Regulation. Continuing, Mr. Haddock sald the Lack- awanna company wanted to regulate the tonnage of his company some years ago. He postponed the arrangement for & year and a half, and finally obtained the right to mine and ship coal as he pleased. He said he belleved in the combination of capital and labor, and had no objection to dealing with labor unions If properly conducted. He belleved the mine work- ors, bechuse of the market for coal, were justified In asking for an lucrease in wages. On cross-examination, Mr. Haddock sald he did not know of any operator who was charging prices above the schedule list. Samuel Gompers occupled the stand_ throughout the afternoon. He g of organized labor and materially reduced. Trade vantageous both to workmen and employ- | 10 ers. Justice Gray concerning boyeotts, and witness replied he would boycott any person who wi fair to his workm: that employer. The question of recognizing unlons was up and Mr. Gompers said em- ployers made & mistake when they refused then tak “Do they pay the operators witness o & brief sketch of the progress and influence id the hours of workmen throughout the country had been sreements had always been ad- | ked his usual question un- but would not boy- cott men who chose to do business with T CATTLEMEN ViSIT HITCHCOCK the Seeret Oat, but Make to See Him Wednes Arrangements (From a Staft Cofti¥ adent.) Tel ced of WASHINGTON, gram.)—Bartlett Dee. & Richards, Alllance and Danfel Hill ‘Hfi at the Interfor department today & ! with Secretary Hitchcock refitivwes . ters growing out of the enforcemvat s & law fencing public lands. This l.’\ cattle owners did not, however, sed LhE secretary, as he was at a cabinet meeting Representatives of the cattlemen made an appolntment for a conference with Mr.| Hitcheock tomorrow. Representative Burkett is hard at work endeavoring to secure the establishment of a tree delivery service in Plattsmouth, Mr. Burkett has been assured that a carrier system will shortly be inaugurated in that city. It Is probable that there will be two dellveries of mail each day in the residence section and three in the businees portion. Probably four carriers will be required to inaugurate the service and as soon as it 18 in operation clerks in the office will be formally taken into the classified service and made subject to the civil service law, Mr. Burkett today introduced a bill to | grant & pension to Victor Vifquain, late colonel of the Third Nebraska. Colonel Vif- quain has an excellent record as a soldier of the civil war and served with credit as United States consul on the Isthmus’ of Panama, as well as In the volunteer army ! Quring the war with Spain. His friends in the First Nebraska district are anxious that he be given a pension commensurate with his services. Charles Gerhardt was today appointed substitute letter carrier in the Deadwood, 8. D., postoffice. The comptroller of the currency has a proved the Drovers' National bank of Chi- cago as reserve agent for the Towa National bank, as follows: First National of Em- metsburg, Garden Grove and Traer, Mer- chants’ Natfonal of Grinnell, Louisa County National of Columbus Junction and Manila Natfonal of Manila. Lillian L. Hurlburt was today appointed postmaster at Luther, Boone county, la., vice Jay B. Hurlburt, resigned. —_— BRYAN GOES TO MEXICO Report Says Silver Leader Will Ask Govermment to Fight Gold Standard There. MEXICO CITY, Dec. 16.—The rumor that Mexico has taken diplomatic agtion at ‘Washington looking to the checking of a further fall in silver through co-operative international action is commented on ap- provingly. Curlosity expressed as to the purpose of Mr. Bryan's visit to Mexico at this time. A report credits him with having views antagonistic to the gold standard to sub- mit to the government. It s sald today that the government has bad offers of large gold loans from a French syndicate, and a ‘British South Atrican banking and mining group, with headquarters in. London, and another group, headed by J. P. Morgan. In fact, rumors are crowding one another regarding the matter. - v - SEEKS REFUGE IN LEGATION COandidate for' President of Hayti Be- comes Alarmed for His Per- sonal Safety. PORT AU PRINCE, Haytl, Dec. 18.—Gen- eral Saint-Foix Colin, minster of the in- terior and opponent of General Nord in the | contest for the presidency, has sought refuge In the United States legation. There has been much firing in the city and great excitement prevails. All the military authorities who have been supporters or Semeque Plerre’s can- didacy for the presidency also sought refuge in the consulates. General Nord is acclaimed president by the troops and seems master of the situation, motwith- anding the fact that the majority of congress is in favor of Semeque Plerre. It is believed that General Nord will dissolve the Chamber of Commerce and the Senate and order other elections. DEWEY TAKES HOLIDAY CRUISE Admiral Will Visit Northern W Indies on Mayflower at Ohristmas, SAN JUAN, Porto Rico, Dec. 16.—Ad-| | miral Dewey has decided to make a tour | | of the morthern islands of the West Indies uring the holldays. He will remain -at| San Juan until Dec 23, when a receptios and ball in his honor will be given, and will then cross the island and return here [to join Mayflower, using that vessel to| | visit St. Thomas and other point. | The fleet was exercised in squadron | | formation this morning. Admiral Dewey greatly interested in the maneuver and commended the officers upon the way in which they handled their ships. RUSSIA V;AiIT§ CUSTOMS Asks China t> Es New Service | der Cun I Sole Con- | trol. | to recognize organized labor. The em- | Dloyer. b6 said, has no mors! right to re.| PEKIN, Dec. 16.—Russia (s pressing fuse to confer with a committee of his|China to assent to tha establishment of employs In reply to Bishop Spalding he sald he would not faver incorporating a union, Companies Import Men, Mr. Gompers was then cross-examined by James Torrey, counsel of the Delaware & Hudson, who asked If he did not believe members of the union should be 21 years of nd able to read and write, responded witness with alacrity, “ten years from now, when the companies stop bringing illiterate forelgners to this country. They are brought here by the companies and the labor unlon must pro- that they get their teet right, them and sece Mr. Torrey asked him if he could prove re guilty of thing, and Mr. Gompers sald he felt certain It was true, because he had that the coal companies such seen coples of circulars dfstributed in southern Europe asking people to come to Pennsylvania, and stating that there was plenty of money to be earned in the wines. Mr. Torrey asked him if steamship com- panies were not the authors of those cir- culars, to which Mr. Gompers roplied that be had seen ten, twenty and thirty m huddled together in buts {n the antbracite coal flelds, and he moted that it was mot long after they arrived that they were siven employment in the min He offered to give the commission the (Continued on Second Page.) customs and postal services at the prin- { cipal stations of the Manchurian railroa these stations to be under Rusian super- vision and independent of thy Chinese maritime customs. Sir Robert .fart is op- posing the scheme and the chatces for his success are thought to be favorabl An edict announces that the Chinese gov- ernment proposes to acquire the China | Merchants' Steam Navigation company, | which is owned by Sheng, a nephew of the late Hi Hung Chang. . urt Makes Light of Offen MANILA, Dec. 16.—The trial by court- | martial of Captain Rogers of the Twent seventh infantry, charged with using di respectful language to General Davis, w concluded todsy. The verdict is not known, but it is doubted that the court took & serious view of the case. English Cabinet Meets. LONDON, Dec. 16.—Premier Balfour pre- sded at a cabinet meeting held at the For- elgn office at noon today. The Vemezuelan crisis and the king's speech at the pro- rouging of Parliament were the principal matters considered. Macedonlan Work Killed. SOFIA, Bulgaria, Dec. 16—Advices from the frontier say that twenty-four Mace- donian workmen, who were returning to their own cotntry, ba: been killed by Turkish froutler guards nesr Dubaitza. WHY RATES Railway ARE ADVANCED Men Beek to Justify New Grain and Provision Tariff, CLAIM THAT OPERATING COST HAS GROWN Lake Shore Ofc Spend Relatively More T They Earn, but Admits Immense Profits, Says Roads Now WASHINGTON, Dec. 16.—An {nvestigation into the advance of freight rates on grain and grain products, dressed meats and pro- visions from the Mississippl river, Chicago, etc,, to New York znd eastern points, gov- erned by the New York rate, was begun to- day by the Interstate Commerce commis- slon, The testimony showed that $450,000 reve- nue would be added to the profits of one road alone by the contemplated increa It was claimed that the advances were justified by the increased costs of opera- tion. The chief witness was the trafic man- ager of the Lake Shore & Michigan Southern. The trafflc manager of the Michigan Central also testified, the latter's evidence, however, being qualified by the statement that his reason for increasing the rates was because the presidents of the roads had ordered it. Mr. Grammar claimed that raflroad ex- penditures were Increasing much more rapidly than the earnings; that even at the {ncreased tariffs grain was not being hauled at a profit, The principal ftems of increase in ex- penses were the maintenance of engines and fuel supply, and he predicted, while admit- ting that the present price of coal was undoubtedly artificial, that prices would not get back to the old figures for years. At the suggestion of counsel and officlals of the roads represented the commission decided to require written statements by January 10 next setting forth the alleged Justification for the advance in rates. A new hearing will be held, probably in Washington at the earliest possible day. Spend More Than They Earn, By general agreement Mr. Grammar, trafic manager of the Lake Shore, included In his testimony a detalled statement re- garding his own road and of the general situation. He contended that for a long time railways had been relatively spending more money than they earned, and that this was because they were either spending too much on the properties or the earnings were too small. A commissioner asked if the earnings of the Lake Shore were not sufficient, on the buru of the last ten months, to pay inter- est on its bonds, 10 per cent on its pro- ferred stock and 7 per cent on its common stock, and then carry $2,600,000 in the sur- plus tund. Mr. Grammar did not reply directly and declined to state what he thought ought to be carried as surplus, but claimed that under present conditions the road could not do anything more than take care of itself. Both he and Mr. Mitchell sald their roads were strictly observing published tarifls, but bad not done so prior to May, and ac- knowledged that the departure from the tariffs had caused large losses. ‘The butgrowth of their difficulties, Mr. Grammar continued, was a meeting of ex- ecutive officials of practically every rall- road in the trunk line and traffic assocla tion territories which had agreed on the advances already announced, and an In- crease on fron products west of Pittsburg by 100 per cent, but whether this advance would be carried out would develop late Organized labor was getting not less than 10 per cent more than the wages of May, and the Lake Shore was paying In Chicago mearly $1 per ton more for coal than it had to pay three months ago. “As long as the present price of coal is only a temporary matter do you think that item justifies you in imposing an incre: in your freight rates?” he was asked. “It that were the only question” answered, he “and it was only a temporary matter, I should say no; but coal is not the only factor in the situation.” He added that the Lake Shore recetved a little less for grain freights than the aver- age on all other cTasses of freight. When asked regarding. the cost of hauling a train loaded with grain from Chicago to Buffalo he admitted that while the railroad would receive a revenue of $3,600, the cost of operating would amount to only $260. All railroad supplies had increased ma- terially in price since 1900, but generally speaking the rallroads were mever more prosperous, NEW SCHEDULES A MISTAKE Railroads Now Regret They Only In- creased Rates by Ten Per Cent. CHICAGO, Dee. 16.—A majority of the Central Traffic assoclation roads have come | to the conclusion that & mistake was made when & 10 per cent raise in freight rates was ordered. They are of opinion most commodities can stand a larger ad- vance, The trafic officlals of the Chicago east- bound roads were in session all day today discussing the matter and finally referred a proposition to make further advances on January 1 to tomorrow’s general meeting of the assoclation. This action the result of opposition by certain roads, which claimed that the rates already agreed on were as high as warranted by existing conditions, and that a further raise might reduce the volume of traffie. ROCKEFELLER GIVES MILLION te Chicago Uni- ty by Munificent Christ- mas Present. CHICAGO, Dec. 16.—Dr. Harper, presi- dent of the University of Chicago, afternoon announced that John D. Rocke- feller had given another $1,000,000 to that institution. Gifts from other sources also were announced, swelling the total to $1,526,000. The president advocated pensioning re- tired professors and officers, but sald de- tails would have to be considered befors any steps in that direction could be taken. The resignation of Major H. A. Rust as comptrelicr of the university was also an- nounced. i The first official Feport of separate in- struction was made by the president, who sald the possibility of elimivating co- instruction from co-education was defin- itely provided for at the founding of the university. . He insisted that separate instruction Qid not mean an annex for the women, and declared that education on equal terms was assured. this | STEEL CASE IS RESUMED| Attorney I A Makes Argument ot Appeals. NEW YORK, Dec. 16.4Fhe argument of Edward B. Whitney, attobfiey for J. Aspin- wall Hodge, before the New Jersey court of | errors and appeals to restrain the execu- tion of the United State} Steel corpora tion'e $250,000,000 stock eofiversion plan was made public today. Mr. Whitney contends tBat the directors had plenty of time aftef the injunction tssued by Vice Chancellor Emery to call a new meeting of stockholders early in De- cember to ratify the cemversion plam, but he submits that the reason this course wus not pursued was that préxies could not have been obtained a second time. His reasons for this bellef are that the stockholders now know what they did not | know last April, namely, that instead of voting for a prompt issuelof $250,000,000 of | bonds, for underwriting wiich they were to pay J. P. Morgan & Co. a@ per cent com- mission, they were procuring only a $100, 000,000 {ssue, while J. P. Morgan & Co. was | obtaining an option on theiremaining $150,- 000,000 to the detriment §¢ the company, but to a possible advantae to themselves 80 great as to make the $19,000,000 commis- slon insignificant. v According to Mr. Whitney's argument the preferred stockholders were divided by the scheme into three classes, the first consist- Ing of J. P. Morgan & Cb., to whom the bonds were offered at 98; the second of persons selected by J. P. Morgan & Co, who were to pay 964-5, #nd the third of other preferred stockholders, who wers to pay 100. The argument contains an attack on the valuation of $492,566,100 put on the Carne- glo company's property by the United States Steel corporation, which sum, ac- cording to Mr. Whitney, s $344,000,000 in excess of the real value, In connection with the yalue of the cor- poration’s assets, Mr. Whitney sa: “All through the afdavits submitted by the defendants it fs cleap that their basis of valuations is the monopoly value of this company’s business, considered as a grow- ing concern, in relation to its present man- agement and the earnings which it can make in & year of unexampled prosperity.” ESCAPE AT NIGHT BY BOAT s Flooded from Seek Refuge in Flight, for wan Hodge lore Court Kentucky Re Homes LOUISVILLE, Ky., Dec. 16.—The general rainfall which has prevailed over Ken- tucky, Arkansas and Tennessce since Sat- urday has ceased. All Kentucky streams are over their banks, and in many loealities still rising rapidly. Extensive damage is reported, particularly in the eastern counties and western Kentucky. One life was lost in this state, that of a white man, who was drowned at Alamo, Galloway county, while trying to save a horse. Hopkinsville and Ellzabethtown, Ky., were in darkness last might, the lighting plants being In lands are under water, . A Paducah, Bowling = Creen, wensboro, Earlington and other places tell of loss. At Elizabethtown, Rough Creek is higher than at any time since 1547. A steel bridge | at Hills Mills was carried down stream. Many families were taken from their homes last night in boats. The Ohio river | is rising rapidly from Catlettsburg to Cairo, while the Kentucky rose ten feet | during the night at Frankfort. | Scarcely a train arrived in Louisville last night on account of washouts, but the | conditions are somewhat improved toda: COLUMBUS, 0., Dec. 16.—A telegram | from Galllpolis to the Dispatch says that the Ohlo river is rising four inches an hour and that it will reach the flood stage. The | river at that point registered thirty-eight feet this morning. All roads leading to Ga lipolis are submerged. A Portsmouth di patch says that both the Ohlo and Kana- wha rivers are rapldly rising and floods of | the lower lands are predicted. | CINCINNATI, Dec. 16.—The rise in the Ohio river in the twenty-four hours ending with 8 a. m,, was twelve feet. The swift current today swept elghty coal barges from their moorings and most of them sank. All of the harbor boats went in pursuit, but only about thirty barges were recov- | ered. Several men were on the floating | barges and one is reported missing. The loss of barges is estimated at $50,000. FARMERS TO START A TRUST P to Hold Grain for Better Prices Being Agitated—Headquarters at Brainard, Nebravka, BRAINARD, Nep., Dec. 16.—There s con- siderable agitation among the farmers liv- ing in this county to organize an assoclation 10 buy up their grain and hold the same until the grain buyers will be compelled, | because of demand, to pay a better price for it. The title proposed 1s the Farmers' Trust company The grievance is not of tangible statement, but everyone seems of the opin- ion that there is everything against and nothing for the farmer in the selling of grain to the buyer. It is alleged that they are at times made the subject of slight fluc- | tuations of the market in a rather arbitrary manner and that they always lose a few | cents, no matter whether the change in | | market 1s upward or downward. The movement will also include live stock shipments. There will be a meeting held at Lincoln, Neb., January 22, 1903, at 2 o'clock p. m. in | University hall, In the interest of and for | the purpose of advancing Co-operative Grain and clation, and extending its usefulness in Nebraska. All farmers and others inter ested In extending the work of the amwo- | clation and in bullding farmers' co-opera- | tive elevators are requested to attend and | take part in ths meeting. We recommend | that farmers and shippers meet at the ! varlous shipping stations of Nebraska, and | especially in the south central part of the | state, and send representatives or dele- gates to the meeting. All persons inter- | ested In the suc of the co-gperative | movement and desiring information regard- | ing the same are cordially Invited. James | | Butler, manager of the. central association, | and other speakers from Kansas will ad- | dress the meeting. Reduced rates have been granted by all rallroads in the state. | Ask for them when buying tickets The call is slgned by the co-operative as- soclations of Benedlct, Thayer and Shelby, Neb. lUTAN POSTMASTER GETS TERM |Goes to Janl for Ei ernment ¥ Ogde the Farmers' | Live Stock asso- | SALT LAKE CITY, Utah, Dec. 16— Charles Melghan, postmaster of Ogden, who was found gullty by a federal jury of em- bezzling government funds, was today sen- dtenced to ome year and a day. ! the state { court at Jefferson ity reversed the verdict HARRIMAN STIFF NECI&ED: Averse to Yielding Anything to the Strikers on the Union Pacifio. PRESIDENT BURT URGES A COMPROMISE Other Directors Side with Him and | Board Has Reached No Conmel n Yet to Course te Pu; .. NEW YORK, Dec. 16.—(Special Tele- gram.)—It was understood in Wall street today that Chairman B. H. Harriman had opposed the demands of the Union Pacific striking machinists, boller makers and blacksmiths, who delivered an ultimatum to President Burt last week threatening a strike on the Southern Pacific if engines | of that company continued to be loaned to | the Unlon Pacific. Mr. Burt and several of | the directors who favor meeting the labor | situation half way were sald today to have | en pnable o far to persuade Mr. Harri- man to change his attitude. They have pointed out the crippled condi- tion of the road's equipment, due to the | machinsts' strike, continuing since last | spring, and have advised that the dlmr-i ences be settled under a compromise. It is expected that no further action will be taken by the men until President Burt re- | turns to Omaha, and it is stated by a rep- resentative of Chairman Harriman today that the rights of the employes would be caretully looked into and protected on the basis of strict justice. BELIEVES IN COMBINATION | OMctal Telln Court of| ntages Derived from Burlington Ad Merger. ST. PAUL, Dec. 1 of the Burlington were examined today in merger hearing. Darfus G Miller, vice presidept and general traffic manager, was questioned concerning his transfer from the Great Northern to tho Burlington, freight rates, competition and lack of competition between the Great Northern, Northern Pacific and Burling- | ton. George B. Harris, president of the Bur- lington, spoke of the advantages of a com- binatiqn of interests. No other witnesses were called before the adjournment till tomorrow, when J. J. Hill of the Great Northern and Northern Se- curities companies s expected to appear. —Two leading officers | Wabash Contracts Awarded. BALTIMORE, Dec. 16.—The Western Maryland railroad has awarded contracts to the Degnon-McLean construction com- pany of New York for the construction of the tidewater terminals of the Wabash. Vice President Landstreet hopes to have the terminal and branch completed in time for the fall traffic mext year. NEW TRIAL IS ORDERED | Supreme Court Reverses Verdict in One of (he St. Louis Boodle i Canen. . 3 ST. LOUIS, Dec. 16—In an opinion! handed down this afternoon the supreme vely of the St. Louis circuit court that found Emil A. Meysenburg gullty of bribery and remanded the case for retrial. Meysenburg, a member of the city coun- cll, was charged with accepting money trom Charles N. Turner, president of 'the Suburban Railway company, through Philip Stock, the “legislative agent,” at a time when his vote was desired to ald the pas-| the | sage of the suburban bill through council. j Meysenburg admitted recelving the | money, but contended that it was in pay- ment for stock in an electrical company bought by Turner. In support of his con- tention Meysenburg showed that he had | voted against the suburban bill on its pas- | T‘h: as the first of the “boodle” | cases tried. MISSING RAIL WRECKS TRAIN | Cars Are Plled Up in Heap Near Birmingham, Alabams, and Several People Are Hurt. BIRMINGHAM, Ala., Dec. 16.—Limited | traln No. 1, Cincinnati to New Orleans, on | the Alabama Southwestern was wrecked | two miles south of Moundville, Ala., today. ‘ The officlals say the wreck was the work | of train wreckers. A rall was removed near a trestle which spans a small creek. | Engineer Larkin saw the missing rail too | late. | The heavy locomotive left the track | and bumped along on the road unmtil the | trestle was reached.. It then knocked tho | trestle down and toppled over into the creek. The mall, baggage and express cars and two coaches followed, the whole train being piled up in a heap In the creek. Mall Clerks Kelly and Riggs were se- | verely injured, was Fireman Durr | (colored!) No passengers were hurt. The train had but a few passengers aboard. | The two sleepers remained on the track. | BEEF TRUST CASE REVIVED Arguments Are Renewed Before Judge | Grosseup in United States Cireuit Court. | MRl | CHICAGO, Dec. 16.—The noted "\wo(" | trust” case was again revived today in ar- guments before Judge Grosscup in the United States circuit court. In the demurrer which was filed in Au- ust the packers asserted that the bill for | injunction was “multifarious” and did | Dot refer to any offense constituting a vio- | lation of the United States statutes with | sufficient particularity. John S. Miller, representing the packers, declared that the bill did not allege any restrain of interstate or foreign commerce and that the shipment of commodities by the packers to their agents in any state @id not constitute interstate commerce. The acts of the packers, he said) were in furtherance of trade rather than in re- straint. ERIE TRAIN GOES IN DITCH ineer is Reported to Be Killed and the Wiremua and Several Passengers Hurt. CLEVELAND, Dec. 16.—The eastbound limited on the Erie, which left here shortly after noon, went into & ditch at Newburg, a suburb. | John Ross, the engineer, is reported to | have been Milled and Fireman Landon seri- | ously 1njured. Several passengers are also | reported burt. |COLORADO CONDITION OF THE WEATHER Forecast for Nebraske—Fair and Warmer Wedneaday: Thursday, “Fair in East, Probably Snow in West. Temperature at Omaha Yesterday: Hour, Dew. Hour. Des. Samo. 16 10 as ¢ aom. 16 2 p. 26 ™. . 17 ERY 26 Mo, 17 4 . 25 ™. .16 6 » 24 m .17 G » bod .. 20 7 = e . 22 s p. =3 LR an SONS WILL MAKE AMERICANS Patriotic Soclety Maps Ount Plan for Nationalix For elgner NEW YORK, Dec. 16.—The second fall meeting of the general Board of Managers and executive committee of the national eoclety, Sons of the American Revolution, was held here this afternoon. Edwin War- fleld of Baltimore, president general, oc- cupled the chalr, and beside him sat Gov- ernor Franklin Murphy of New Jersey, former president general. Herman Knapp of lowa was among the state presidents in attendance. A plan of campaign was marked out for the use of the educational committee, to which the national soclety has entrusted the direction of a movement for the Americanization of forefgners landing in this country. Tho total membership roported for thir- ty-eight successful socleties and the so- clety in France was 10,862. NEGRO FIGHTS FOR VOTE Claims Damages and Mandamus Against Alabama Board of Registrars. . MONTGOMERY, Ala, Dec. 16.—The su- | preme court of Alabama has again before it for consideration legal attacks on the new state constitution, made through an organized effort on the part of the mne- groes. Two suits have been filed against the Board of Registrars of Montgomery county by a negro named Giles, who asks $5,000 damages for his fallure to secure a regls- tration. In his second bill he secks a mandamus from the supreme court to compel the board to procure him a registration cer- tificate and place his mame upon the list of qualified voters. Both suits were de- cided against him fn the city court of Montgomery. KILLED WITH HIS OWN GUN Fort Sheridan Soldier Attacked by Dies Dolng Duty. Deserters CHICAGO, Dec. 16.—The terribly mutl- lated body of Roger Hanberger of Company 1, Twentleth infantry, was found toddy In a deep ravine at Fort Sheridan. He was clubbed to death on Monday with his own musket by two military prisoners he tried to prevent from escaping. They Wwero Ohristian Walket of Company C and John Hollenberg, formerly a cor- poral of Company L, and were considered the most desperate men In the guardhouse, who will sell their lives dearly rather than be recaptured. MEN ARRESTED Charged with Conspiracy to Murder Under Indictments in Col linx Case, TELLURIDE, Colo., Dec. 16.—The first arrests were made today under the indict- ments returned by the special grand jury which iniveetigated the murder of Arthur L. Collins and the ricts incident to the strike of last year, Harry Jardeng, steward of the miners' union hospital, and John Taylor, a bar- tender, were arrested this afternoon. They re charged with conspiracy with Presi- dent Vincent St. John and nine other mem- bers of the miners’ union to commit mur- der. GETS NEW LEASE OF LIFE Utah Murderer Obtains Stay of Execu- tion Until Appenl is Made. SALT LAKE, Utah, Dec. 16.—The su- preme court has granted & stay of execu- tion in the case of Charles Botha, the convicted Grand county murderer, who was recently sentenced to be shot on De- | cember 29. The stay was granted to glve Botha's at- torneys an opportunity to perfect an ap- peal. {BAILEY TO MAKE ADDRESS Texas Semator to He the Principal Speaker at Grant Birthday Cele- bration at Galena. GALENA, I, Dec, 16,—Senator Joseph W Bailey of Texas has accepted an invita- tion of the Grant Birthday association of Galena to deliver the annual address at the celebration April 22. Senator Bailey will follow & notable list of orators who have addressed the assocla- tion, including McKinley, Roosevelt Judge Speer of Georgla. POOL IS NOT ASKED FOR AID Indications Now FPolut to = Return of Currency to New York from Interior, and | NEW YORK, Dee. 16.—Up to noon today no call for assistance liad been received the $50,000,000 pool organized by the leading | a protective measure, banking interests There has been no currency transfer out | of this city for some days and indications point to a return of money from various interior points. Movements of Ocean Vessels Dee. 16. At New York—Arrived—Vaderland, from Antwerp; Nomadic, from Liverpool, Bailed —Bovie, for Liverpool. At Antwerp—Salled—Abydos, for by San 5 1 ney, N. 8. W.—Arrived—Miowera, from Vancoliver, via Honolulu and Bris- d--Arrived--Ventura, fro a Honolulu, for Sydney, At The Lizard—Passed—Mesaba, from New York, for London At Glasgow—Arrived—Sarmatian, from Portland; Corean, from Boston At Bagres. coma, via Hong Kong, for Liverpool At Beattie—Salled: Kagua Maru, Japan and China. Lot San Francisco—Satled—Nebraskan, Tonolulu At Moville—Arrived—Tunistan, from John, N. B., and Halifax, for Liverpool. Passed—Ping Suey, from Ta- for for Bt FIVE MAKE DEMANDS Spain and Belgium Jein Allies in Beeking Payment. ITALIAN MINISTER NOW LEAVES CARACAS Presents Final Ultimatam to Venesuela, Which is Promptly Ignored. | S, BRITAIN MAY ARBITRATE SOME PQINTS | Officials Hold Oash Olaim May Go te Board, but Not Tusults to Minister. REVOLUTIONARY GENERAL AIDS CASTRO meral Hernandes Arrives i and Stilla Tumultuous Welcome of His Followers Who Support Him for Presidency. Oapita) CARACAS, Dec. 16.—Signor de Riva, the Itallan minister, presented Italy's ultl- matum to Venezuela this afternoon and, recelving an unfavorable reply, has been ordered to leave Caracas tomorrow. Italy demanded payment of $542,000 to meet the Italian clalms arising from for- mer revolutions, and couched ite ultimatum in stronger terms than those used by Great Britain and Germany. The Spanish minister, Gaytan de Ayala, and the Belglan charge d'affaires have also | presented a joint letter asking in case the claims of other forelgn powers are paid that the same treatment be given them. A government officlal, on hearing this, remarked that the United States and France are the only powers not attacking Venezuela, Selzure of the Ships, When the combined fleets selzed the Venezuelan ships at La Guayra the German commander delivered to the Venezuelan captains the following document: By order of my sovereign, and at the { command of the commodore of the Ger- man squadron in West Indlan waters, I, the commander of Panther, request you to lower your flag immediately and leave your ship with your crew within ten minutes. This is not a measure of war on (he part of Germany. but only with the object of making a provisional sefzure of your ship in order to oblige the Venesuelan govern- ment to recoghize our fust deman In | case you disobey and wish to de your ship T shall be obliged to prevent you from so doing by the discharge of arms. December 1. ECKERMAN, Commander, The origin of the report that the Vene- zuelan ships had been sunk is now becom- ing known. An entry made in the book of the signal men of the fortress of La Guayra says: Tuesday, Dec. 9, 1:30 Night.—The adjutant called me to see {f ¥ knew that the steamer Petribution of the knglish navy was tow- ing the steamers Crespo and Tutuno, of the national navy, three or four miles north. 1 had heard four cannon shots and ald th: two steamers had disappeared and understood they had been sunk by Venita and Retribution. At the end of an hour ‘Retributlon Teturned to the harbor alone, SIGNAL COMMANDER OF THE FORTS, The fact that Retribution returned to La Guayra alone two hours after leaving with the captured vessels was confirmed by English residents of La Guayra. Con- sequently it did not have time to conduct | the Venezuelan ships to Curacoa or Trini- | dad. People jumped to the conclusion that the vestels must have been sunk, not thinking of the slternative, which w really adopted, of manning them from the warships and sending them to Trinidad un- der their own steam. General Hernandez, the revolutionary leader, reached Caracas this afternoon and was received with great enthusiasm by 1,600 of his partisans, who tried to un- | harness the horses attached to hfs car- | riage and Craw the general in triumph to the city. At the general's request, how- ever, they deslsted from this endeavor. From the station he drove to the palace and addressed the president in friendly terms, The followers of “El Mocho" have given assurances that they will assist President Castro to overcome the present difficulties. German Ofcer Killed, PUERTO CABELLO, Dec. 16.—During the bombardment on Saturday Charybdis was once struck in the bow and Vineta twice by the Venezuelan cannon fire. Vineta left after the bombardment for Willem- stad, Curacao, where It arrived with its flag flying at halfmast, a fact whieh Is taken to confirm the local rumor that one of the officers aboard was killed by the shore fire. The American vice consul, the German consul, the British consul and a number of leading citizens today interviewed with the British and German commodores. As a re- sult the naval officiale have ceased landing marines and will not seize the cannon in Fort Solano, or ask for the capitulation of Puerto Cabello. They have also released General Bello, who was made a prisoner after the bom- bardment, and have promised to rel the other prisoners in a few hours. May Break Frien b, (Copyright, 192, by Press Publishing Co.) LONDON, Dec. 16.—(New York World Cablegram—Special Telegram.)—A private dispatch from an American politician | sald to have been shown to the ministry today, claiming that & serious blow may be struck the present Anglo-American rela- tions If the present policy toward Vene- zuela is not altered The sender apprehends a revival in the United States of the publie excitement which marked the last Venezuelan crisis and believes It would be an easy matter for the democrats to create & state of feel- ing highly injurious to Anglo-American re- | lations. The alliance with Germany has undoubt- edly created the greatest uneasiness in certaln quarters here, and there are those who belicve that the kaiser has dragged this country into a policy from which Ger- many alone can gain and by which in any ovent England is bound to lose. The situation does nof appear to be any nearer a settlement. Up to a late hour tonight no suggestion has been made that Great Britain could see its way to sub- mitting its claim to arbitration, the For- eign office pointing out that Venesuela's of- ter was extremely vague, President Cas- tro providing no guarantee that the rights of British subjects would be respected pending the award. The Forelgn office claims that some | matters are impossible to arbitrate, in- | stancing the disrespectful treatment of Mr. | Huggard, Britsh ioioleter The financial claims, however, might be submitted, as &ny such a proposal would | meet with no opposition fn official circles in London. Neither is there any desire to stir up opposition here by continuing un- necessarily the present armed compact with | Germany. | At the same time Forelgn office officials say “there is not the slightest inclination to lpt Venezuela go unpunished for her re~ 10 Veugsueis.