Omaha Daily Bee Newspaper, January 3, 1903, Page 1

L & JUSTICE FOR - NEGRO' Mississipri Ouse, WILL NOT TOLERATE PROPOSED OUTRAGE l Attempt to Foroe Uolored Woman Out of | Postoffice Meets Rebuke. OFFICIAL STATEMENT ISSUED ON THE CASE | Inoumbent is Bhown to Be of Irreproach- able Oharacter. COLOR AROUSED SOUTHERN PREJUDICE Resignation Forced by Threats of Vio- lence and Such Condition Causes Clo ® of Oee Until At ¥ Gemernl Can Aect. WASHINGTON, Jan. 2.—The feature of the cabinet meeting today was the decision | 1o close permanently the postoffice at In- dianola, Miss, from which the postmaster, Minnle M. Cox, colcred, resigned: under | compulsion a few days ago, since which time the office has been closed. The bondsmen have brought the matter to the attention of the authorities here with the view of being relieved of the responsibility of the accumulated mall. The postmaster general has had a thor- ough investigation made and has become atisfied that the woman was obliged to resign under duress; in fact, that her life was endangered. Having represented this state of affairs to the cabinet, after a long discussion, the decision above noted was reached and the office will not be reopened until the people n the district are ready to accept this ‘woman as their postmaster. During the afternoon the president dis- cussed with several members of the cabinet other features of the case of Mrs. Cox, Postmaster General Payne being in confer- ence with the president for an hour or more, It was decided finally to fesue a formal statement concerning the Indianola case. Secretary Cortelyou, for the presi- dent, made public the following: Statement from White House, “The postmaster at Indianola, Miss., is Mrs. Minnie W. Cox, a colored woman. 8She served three years as postmaster under President Harrison. When President Me- Kinley came in she was again appointed, in 1897, nearly six years ago. “Her character and standing in the com- | munity are endorsed by the best and most reputable people In the town. Among those on her bond s the present democratic | state senator from the district, together | with the leading banker of Indianoia and an ex-state senator from the district, aleo a demoacrat, “The postmaster and her husband own from $10,000 to $15,000 worth of property | in Sunflower county. The reports of post- office inspectors who have investigated the office from time to time show that she has given the utmost satisfaction to all the trons of the office; that, is at all | inves courteouw, \fwithtul, competent and | honest in the dlscharge of her duties. Her moral standing in the commugity is of the highest. Her reputation Is of the best. Fow offices of this gratle in any state are | conducted better. | ““The postmaster recently forwsrded her | resignation to take eflect on January 1, | but the report of Inspectors and informa. tion recelved from various repvtable white citizens of the town and neighborhood show that the resignation was forced by a brutal and lawless element purely upon the ground of her color and was obtained under terrcr of threats. The mayor of the town and the sheriff of the county both told the | postoffice inupector that if she refused to | yoocior " or the expected child of the crowg | tion, joint stock resign they could not be answerable for | her safety, although at the same time not | one word was sald against her. | Bondsmen Ask Relfef. | i “On January 1, the bondsmen of the post- | master telegraphed that the postoffice was | closed; that the postmaster claimed that | her resigaation was in the president’s hands to take effect January 1, and that there had been no advice of the appointment of her successor. “The telegram closed with the state- men! ‘Prompt actlion by the president necessary for the relief of busiaess inter~ ests, which are being injured solely by the action of the lawless element of the town, is wholly secondary to the preservation of law and order and the assertion of the fundamental principle that this government will not connive at or tolerate wrong and | outrage of such flagrant character.’ “By direction of the president the fol- lowing was sent to the bondsmen: ““The postmaster’s resignation has been received, but not accepted. In view of the facts, the postoffice at Indianola is closed. All mail for that place will be forwarded | to Greenville. The case will be referred to the attorney general. Talk of Forelgn Affalrs. The remainder of the meeting was con- sumed In the discussion of forelgn affal chiefly the conditions in Venezuela. Secr tary Hay presented a statement showirg that no definite responses have been re- celved from any of the allied powers to President Castro's last communication. It 1s evident that further negotiations will be | requirsd to bring the parties to a final agreement, but it is not doubted that this will succeed. | Cuba was the other subject which en- | grossed the attention of the cablnwt and there was an anxious discussion of the | prospects of the pending reciprocity treaty, the declsion finally being reached to pre the treaty fofward on the same lines toward | ratifeation. i MUST STAND TRIAL ON CHARGE | Plea In Abatement Filed by Defend. GOLDEN, Colo., Jan. 2.—Judge DeFrance | of the district court of Jefferson county today sustained the motion to overrule the | plea in abatement in the embracery cases | transferred from Judge Johnson's court in Denver and set the cases for trial April 6. The defendants, "H. H. Tammen, former Police Judge William Thomas, D, J. Saddler and Robert Schrader were indicted for an alleged attempt to secure the conviction of W. W. Anderson when he was tried on the charge of having attempted to murder Fred O. Bontils and H. H. Tammen, pro- prietors of the Denver Post, by bribing the Jury. Anderson was acquitted and Judge Jchneon called a special grand jury to in- vestigate the charges of bribery arising vut of the trial. The defedants claimed that Judge Johnson had arbitrarily selected a jury which would indict them, but Judge DeFrance iu his decision today held that | charged on his own confession with having Jbdge Johnson had ot exceeded his au- thority. INE . 19, WEW LIQUOR LAW IN EFFECT' English Licensing Act Provides Severe Penalty for Persons Convicted of Drunkenness. LONDON, Jan. 2.—-The first notable case under the new licensing mct, shich went | into effect yesterday, came upon a London police court today, Lady Lawson, whom he descriB as a habitual drunkard. The was granted. agains lummuan The new act enables either husband or | wife to secure a separation in the case of | habitual drunkennecs and allows the polive | to arrest an inebriate anywhere, except in a private house, whether disorderly or not After conviction drunkards are blacklisted for the space of three years. It they at- tempt to obtain drink during that period they are lable to a fine, while the person supplying them is fined $5 for the first of- fense and $100 for the second offense. Im- | prisonment is provided for drunkenness of | a person in charge of a child under 7 years of age. POLICY ONE OF CONCILIATION Newly Appointed Governor of Panama Said to Represent Change of Colombian Ideal PANAMA, Colombia, Jan. 2.—Dr. Facundo Mutis Buran, the newly-appointed governor of Panama, assumed the duties of his ofice this afternoon. The appointment as gov- ernor of Dr, Buran in succession to Gen- eral Salazar indicates a new political atti- tude on the part of the government and a | policy of conciliation. The appointment has been well recetved | in all ecircles, and especially by the for- eigners. During his first American gov- ernorship, from 1898 to 1899, Dr. Buran was noted for his economlie reforms. 1t is believed here that the national gov- ernment has made changes 0 other depart- ments. The import duties on merchandise, wines | and liquors, which were revised consid- | erably during the revolution, have been | reduced by a decree published today to 10 per cent advalorem, the rate collected befora the revolt. ARCHDUKE MAY BE ALIVE Leopold, Brother of Crown Prine of Saxouy, Makes Startl Statement,' VIENNA, Jan. 2.—Archduke Leopold, who assisted his sister, the crown prince: of Saxony, In her elopement with her chil- | drea’s French tutor, has made the sensa- | tional statement, to a reporter of Die Zeit, that Archduke Johann Nepomuk Salvator, | who renounced his title and took the name of Johann Orth, and was supposed to have perished in a shipwreck off the BSouth American coast, Is really alive. | Johann Orth was, or is, an uncle of Leo- pold and of the crown princess. Like his nephow, he left court to go with an actress, | Frauleln Mizzi Strubel, who was with Jo- hanp Orth when he disap Archduke Leopold . sags ke dellevée. his uncle 1 living with the Archduke Louis Salvator, brother to Johann Orth, and also | the present grand duke of Tuscany. Arch- | duke Louls Is eccentric and spends ten months of the year on a tiny Tonian island, the rest of his time on a yactht. FIGHT FOR UNBORN CHILD Trouble Between the Crown Prinee md the Prince A New Phase. men BERLIN, Jan. 2.—The Saxon court is de- termined to make an attempt to obtain pos- princess, according to the Boersen Courler, and has instructed its chief police agent, Schwartz, at Genoa to keep a sharp lookout and avold deception by the substitution of another child. | The Intention of the crewn prince Is to | claim the fatherhood of the child and edu- | cate It at the Saxon court. TURKISH COMMANDER KILLED| Bloody Battle Takes Place Between arinn and Turkish Troops. CONSTANTINOPLE, Jad. 2.—In a recent fight between Bulgarians and Turkish troops at the village of Brenovo, in the| Monastir district, fifteen of the latter were | Kkilled or wounded. | The Turkish commander was among the | killed. The Bulgarians, who were barri- | caded In a house, aléo sustained iosses, but | the survivors escaped. CONFESSES TO EMBEZZLEMENT | New York Man Admits Having Taken $75,000 from His Employers in Three Yea LONDON, Jan. 2.—G. N. Elder was re- manded at the Guildhall police court, | embezzled $75,000 from his employers, Brown, Shipley & Co., the American bank- | ers. The embezzlements had been going on for three yea | Complains of Diserimination. BERLIN, Jan. 2.—The Commercial Treaty | society has issued a circular complaining of the United States customs treatment of German goods. In part it s as follows “It 1s quite characteristic that this tarif annoyance has not heen applied to English or Belglan, but exclusively to German 0ods. There is & Aystem In the matter. It answers the new German tarlff, which strikes at leading articles of American ex- port with extraordinary severity. We have every reason to complain of American tariff treatment and customs practices, but he course adopted by Germany is likely ‘o have the opposite effect from that wished." Forests in Philippl SAN FRANCISCO, Jan. 2.—Two repre- sentatives of the forestry division at Wash- Ington, who have been making & prelm- | inary survey of the wuoded sections of the Philippines for th government, arrived | from the Orient the Jupanese liner American Maru today. They are Gifford | Pinchot and George . Seymour, Both gei- | tlemen are enthusiastic in speaking of the | wonderful extent and value of the foress in the islands. Their report will be of| value to lumbermen sad others whe are | interested 1o developing the resources of the new possessions. Bret Harte' Ea LONDON, Jan. 2.—Letters of administra- | tion of the estate of the late Bret Harte | | bave been granted. The total value of the e e is placed at $1,800. OMAHA, | fenses under this act, | merce [lowing con | by sald corporation, joint stock comp | statements now or he | Buch_purpose “shall { do anything | tion by 1 pe HOAR'S ANTLTRUST BILL Measure Ho Asked Leave to Submit is Now Oompleted. IT WILL GO TO COMMITTEE ON JUDICIARY ’ when Sir \'h:‘;' Al° | Text of Proposed Law Which ia In- an Lawson, the Anglo-Indian n cditor and writer, applied for a suliighiig tcnded to Operate in Placing Re- straint on Monopoly is M . Known to Pub G ’ D WASHING, J Jan, 2.—Senator Hoar has completed andfoday made public the anti- trust bill which he asked leave before the senate adjourned for the holidays to in- troduce. The bill goes to the committee on judi- clary, of which Senator Hoar s chairman. Following is the full text of the measure: Be it enacted, etc., that the provisions of the statute of February 4, 187, chapter 104, entitied “Ar act to regulate’ commerce,’ and all additiona thereto, and of the stat- utes of July Z, 1%, chapter 647, entitled “An act to protect trade and commerce against unlawful restraint and monopolfes,” shall continue in force and shall in no wise be | held to be limited, restrained or repealed by this act Section 2—That the attorney general is authorized to employ any professional or other assistance which may be deemed necessary or desirable to prosecute of- or under the acts to which an ad- investigation into the purpose the sum of or s0 much thereof as may be . 18 hereby appropriated out of in the treasury not otherwise hereinbefore mentloned, dition, or to make same,' and for that any approp: bec. from and after the 30th day of June, in the year 1804, no corpora- tlon, joint stock company or other assocla tion’ whose stockholders are not personally ltable for their debts, created by any state or territory, shall engage in commerce with foreign nations or among the several states, or continue to carry on such com- unless it ehall comply with the fo.- ony Conditions Which Are Impowsed. 1. It shall file a statement in the office of the Interstate Commerce commission, slgned and sworn to by its president, its treasurer, its general manager and jority ofits directors, or by the persons exercising the powers usually exercised by such officers and directors of such corpora- tlons, joint stock companies and other assoclations, on or before the 1ith day of th day of September in each year there- after, file a statement for the year ending with the 15th day of June in such years, respectively, showing: 2. The amount of its capital stock. 8. The market value of such stock 4. How much of the same has been paid fn full In cash; or If the same has not been pald in cash, what has been received ny or other association in lleu thereof and the value of whatever shall have been so re- ceived by fit. 6. The names of all the directors of sald corporation, joint stock company or other association and all agents intrusted with the management of its affairs 6. The amount it has pald in dividends during sald period, the rate of percentage of such dividends and time of payment of the same. Stock in Other Corporations. 7. A statement of all the stock owned b, it ‘of any other corporation, joint stoc company or other association, specifying the corporativon, joint stock company or other association, and the number and value ot shares in each; the amount of its own stock held by other corporations, foint stock compantes or other associations, and the value thereof, and the amount of stock in other c tions, joint stock companies oF other ‘assoctations’ held fntrust for 16, or in which it has any interest. directly or indirectly, absolute or conditional, legal ot equitable,’ specifying the corporations, joint stock companies or other assaclation. officers and 5. An undertaking signed by said officers, general managers and directors that they will comply with the provisions of this and all other laws of the United States in the management of the affairs of said cor- porations, joint stock compamndes or other assoclations, and that they accept the pro- visions and’ lfabilities of this act and thy obligations by it imposed 8o long as they shall continue to Hold or exercise eaid offices or authority. This etatement shall be in addition to all eafter required by the Interstate Commerce Commission or by any other public authority The attorney general of the United States may at any time require of any corpo ompany or other as clatfon o enguged. any stateme; think fit in regard to the con business. And he may espec any or other assocfation to give a list of ail contracts. or transactions _entered into t of it requiry within the twelve months preceding such | requisition, or product, in which It has sold any article or carried uny article or prod- | uct at a rate less than the ordinary ma price, it such article or product had been | 0ld or carried by any other person than the party to such transaction. And he may further require thé reasons for such dis- | tinetion and the same As to Competitors. Sec, 4-That every person, corporation, joint etock company or other assoclation engaged In commerce with foreign nations or among the several states which shail enter into any contract, combination or conspiracy, or who shall give any direc- tlon or authority to do any act for the purpose of driving out of business any other person engaged therein, or who for in the course of such the commerce sell fair market value, or at a less price than it is accustomed to demand therefor in any other place under like con- ditions, or undertaking that it shall not be sold again by the purchaser or restrain uch sale by the purchaser, shall be deemed gullty of a misdemeanor, and on conviction thereof shall be punished by a fine not ex- ceeding $,000 or by imprisonment for not to exceed one year, or hy botb of sald punishments, in the discretion of the caurt Sec. b-That no corporation, joint stock company or other association shall engage in commerce with foreign nations, or among the several states, a majority of whose stock 18 owned or controlled or held in trust for any manufacturing or other corporation, which, in the course of its manufacture or production, conducts which puld be prohibited by this act If it were =0 conducted In the course of such commerce with foreign natlons or among the several stat Books Subject to Inspectl Sec. 6—That all the books of record and papers. of every corporation, joint stock company commerce with foreign nations, or among the several states, shall be subject to in- spection by the attorney gercral of the United States, or by any agent he may designate for that purpose, and such cor- poration, joint stock company or other as- soctation shall, at such times as he shall prescribe, make such further returns, veri- fled as afore shall be by him pre- scribed, either by general regulatiun or by epecial direction. Sec. 1—That any president, director, treas- urer, officer, COPPOTAtor, COLATtNEr oF Agent of such ¢ tion, joint stock company or other as: n who shall in its behalf this act prohibited to such corporation, joint stock company or other arsoclation,’ or who shall support, vote for, abet, or take part in doing such ac sald corporation, joint stock com pany or other aseoclation or any instru- mentality f, shail be llable to the Itfes b t provided. X corporation, joint stock assoclation,” after the M, shall manufactpre e ‘which In the course busic tually sold and dellv beyond the state in which it is manu jo or other or produ of | or by subees *ha in ithe course b wess do any of the acts or things - h el to be & by this a shall enguge i nutierce with foreign natio: mong hat kny _ corporation company or other assoclation that ven' twice adjudged 0 hve pr slons of the aet or either (s mentioned In section one hereof. brgthe faal Judgment of any court having 58 sdiction of the question, in any civil suit or proceeding which sald corporation, 7 ) Joint (,C“"“.d,“ Bighth Pay he may | ¥ such corporation, joint stock company | circumstances attending | eny product at less than its | r receive | its | business, or any part thereof, In & manner | or other assoclation engaged in | SATURDAY MORNING, JANUARY [miNORITY WANTS A CANDIDATE That is Reason Cook County Democ- racy Elects Mitchell a Member, yu Wilson, INDIANAPOLIS, Jan. 2.—National Sec- retary Wilson of the United Mine Workers | tonight discussed the action of the Chi- cago Cook County Democracy in electing President John Mitchell to membership. He sald “I know there has been a lot of talk In Illinois lately regarding Mitchell's politics There has been talk there of bringing him out for governor. Rut the amusing part of the situation is that while they have been talking in Illinols of making him the dem- ocratic nominee for governo ern places there has been talk of him as a running mate for President Roosevelt in 1904 “The truth of the situation, so far as Mitchell {s concerned, is that he is not taking any part in politics and he has no intention of entering politics. He s not a partisan in any sense of the word, | nefther am 1 for that matter. We both try | to keep as nearly nmeutral as possible in | politics. I do not know Mitchell's private | political views, but he has voted for dem- ocrats and republicans. He generally votes as he thinks he should, regardless of the politics of the candidates. “We understand the talk of running any of us for office. The ofter gencrally comes from the minority party, which considers |us as available candidates. I was urged | by the democrats of my district in Pennsyl- | vania this year to run for congrees, but I | thought the offer came because the demo | erats were in the minorigy and they con- sidered me available. Iff the republicans had been in the minority§l might have re- | ceived, the offer of the nofination just the same." RIVAL FOR BOARD OF TRADE Western aph Company in to Furnish Quotations of the Open Board. . CHICAGO, Jan. 2.—Arrangements which have been completed between the Chicago Telegraph company bid fair to make the former institution a formidable rival of the larger one across the street On next Monday morning the quotations of the open board will be put on the West- | ern Unton wires an hour in advauce of the figures furnished by the Chicago Board of Trade | 1t is underfstood that the open board and | the telegraph company have entered into a contract covering a period of ter, years, the | telegraph company paying a remuneration on a graduated scale, a nominal rate for the first few years, o be increased each twelve months. It is also anuounced that negotiations bave been consummated whereby the ol open board building on LaSalle strect wi be remodeled by the Illinols Trust and Sav- ings bank, which controls the property, for the beneflt of the open board. With commodious quarters and the co- operation of the Westorn' Union, the offi- clals of the open board see no reason why they cannot cut a noticeable figure in the commerclal transactions x! street. WHISKY FAMINE 1S PROBABLI Supply of Six, Seven and Elght-Year- 01d Sald to Be Several Million { Gallons Short. LOUISVILLE, Ky., Jan. 2.—The Courler- Journal tomorrow will say: “Only 4,000 gallons of the whisky made in 1895, 1896 and 1867 remain in bond, and the whisky dealers are alarmed. About 7,000,000 gallons of six, seven and eight-year whisky is used | annually, and the dealers say there will not | be a gallon in bond by July 1. Heretotore there has always been more than was con- sumed and a famine is a problem that was | never before considered. The leading deal ers claim the condition may result in the | whisky made fn 1895, 1896 and 1897 being | cornered, and the prices doubled. In this | event the blenders, who use most of six, | seven and eight years old, will be compelled | to use goods made later. | *“The small supply is due to several | causes, principally to a limit being placed { on the amount of whisky made in 1897. The | output of Kentucky was 12,000,000 to 14,- 000,000 gallons less than usual. The output | in 1895 and 1896 was about an average, but | because of the big reduction in 1897 there was a shortage In six, seven and eight-year Indications Pointing Towards Com- bining Arizona and New Mexico Into One Organization. DENVER, Jaa. 2.—A special to the Re- publican from Santa Fe, N. M., says: In an Interview today W. S. Hopewell, chair- man of the territorial central committee | of the democratic party in New Mexico | announces himself in favor of admitting Arizona and New Mexico as one state, with three representatives in congress, the capital to be fixed for | Santa Fe. He had just returned from Chicago where he had an Interview with Senator W. | H. Andrews, a close friend of S:mator M |'S. Quay, and his announcement today in favor of joint statehood s supposed to represent the views of Senator Quay in case {1t should not be practicable to force the | omnibus statehood bill through the senate. President Roose also declared to | New Mexico workers for statehood who have lately spoken to bim that he Is in favor of joint statehood for Arizona and New Mexico. Mr. Hopewell says a bill ef- fecting the merging of the two territories into one state will be introduced probably some time next week ‘ DOCKERY IS BURIED ‘Blld' i is Placed to Rest | Close to Those of Seven Children. | MRS. in Grave CHILLICOTHE, Mo., Jan. 2—With a simple ceremony the bcdy of Mrs. Marle Elizabeth Dockery, wife of Missour's gov- ernor, was lald at rest in the Ciillicothe cemetery this afternoon, having arrived from Kansas City at 2 o'clock on & speclal train over the Burlington. The weatber | was cold and dismal. Promincnt persons were here from every portion of the state and several hundred | made up the gortege to the cemetery, where the body was placed in 2 grave close beside those of seven of tife Dockery ehil- dren. All Chillicothe was in mourning, business | having been suspended In compliance with @ proclamation lssued by Mayor Hirsch. A delegation of men from Gallatin, Governor Dockery's home, brought several beautiful | toral pleces | v Union | Beptember, In the year. 108, or before the | cPsn Board of Trads andthe Wasters Taio | whisky from 12,000,000 to 14,000,000 gallons." | {law which the resolution sought to reach {MAY AGREE FOR ONE STATE| ten years at | EQUAL TAX ON RAILROADS Oharter Revision Moeting Takes Decided | Action on the Proposition. | NOTHING DEFINITE ON OTHER LINES | Mayor A tional horized to Appoint Addi- Members to Committee to Report at Adjourned Meetin Next Friday Night. Resolved, That it is the sense of thiy meeting that the clause, “Provided, that the tax commissioner shall take the valua- tlon and assessment of rallroad property within_the city limits from the returns made by the State Board of Equailzation to the county clerk,” should be eliminated from the charter of clties of metropolitan and first claes, and that it {s so important and unjust that our legislators are hereby | instrueted to give Immediate and specific | attention to its repeal. | The unanimous adoption of the above resolution and a request to the mayor to | appoint ten additional members to act with the charter revision committee represents the definite action taken at the general meeting held in the council chamber last evening. The gathering ehowed a good representa- tion of the city members of the Douglas county legislative delegation and Real Es- tate exchange and the heads of the varfous city departments, but the mayor, at whose | suggestion the meeting was called, did not put in an appearance and only five mem- bers of the council were there, while the Commercial club was not present at all One of the carly arrivals was Licutenant | Governor McGilton, who remained through- out the session and was an interested par- ticipant. The members of the legislature who were present were: Semators C. L. Saunders and M. A. Hall and Representa- tives D. W. Gilbert, W. B. Ten Eyck, W. T. Nelson and E. M. Morsman. The council was represented by President Karr and Councilmen Lobeck, Hoye, Zimman and Hascall, and the various city departments | by Tax Commissioner Fleming, Deputy Tax Commissloner Lewis, Health Commissioner Ralph, City Engineer Rosewater, Building Inspector Carter, Comptroller Westberg. Chief Salter of the fire department, and Thomas P. Mahammit, W. F. Johnson was the sole representative of the echool board. The delegation from the Real Estate ex- change numbered ten members, Including C. F. Harrison, president, and A. G. Charl- ton, secretary of that body. Real Estate Men Open Up. The meeting was called to order by Pres- ident Karr of the council, who stated tha’ the call had been fssued at the suggestion of the mayor, who was not present, and suggested that a presiding officer be elected. W. T. Grahfm was chosen chair- man and W. G. Ure as secretary, and Mr. Karr then stated briefly that the purpose | of the meeting was to afford an oppor- tunity for representatives of the different interests of the city to make suggestions as to needed changes in the city charter and the members of the Douglas county delegation had been jnvited there to hear | the suggestions. After a pause In which it appeared that all were walting for someone else to take the Initiative, F. D. Wead of the delega- {tion from the Real, Estate exchange intro- | duced the resolution printed above with a few earnest remarks urging its endorse- ment by the meeting. He sald that sec- tion 98, to which™this resofution applied, was the one portion of the charter which most demanded revision, and a member of the legislature should be inspired with all | the eloquence and loglc of a Patrick Henry | to advocate this cause. The people of the state would cry out with one accord if that law was so framed as to plainly read that the property of the railroad compenies should be assessed at one-two-hundredth part of its actual value and all other prop- | erty at its full value and yet that was | Just exactly the effect of that clause quoted | in the resolution. i | Quextion of Constitutionality. Councliman Hascall sald that the repeal of that clause would only be “scratching the surface” and that to effect the desired result it would be necessary to revise the state law ypon which the charter was based He argued that the action proposed would be contrary to the constitutional provision that taxation must be by uniform method and upon a uniform basis, and that rafl- road property could not be assessed on one basis In Omaha or Douglas county and an another basis In the other counties of the state. 1 Mr. Ure argued that the clause of the | was unconstitutional from the fact that it prescribed a different method for taxation | | of railroad property from that upon which | {any other class of property is taxed. The | | repeal of the clause would, he declared, be in keeping with the constitution. ] E. Rosewater sald he thought Mr. Has- | | call was right as to the constitutional re- | quirement that all property should be as- sessed upon an equal basis, but he did not place quite the same construction vpon it. | He referred to the passage of the law many years ago which constituted the gov- ernor, auditor and treasurer of the state a board to tax the rallroads by themselves and distribute the tax according to mileage of the roads, and sald that while property generally was assessed at only 15 per cent t its true value It was not so conspicu- | ously a hardship that the rallroads were only required to pay upon 3 or perhaps 4 per cent of the value of their holdings At that time also the rallroads were not so valuable as now, and their just pro portion of the general tax would not be so | great as now. But since the policy had | been adopted of assessing property at its full value the discrepancy In rallroad taxa- | tion had become a serions question and one that urgently demanded attention. Time for Action, Mr. Rosewater recalled that even In the years past there had been mass mectings to protest against the inequality of railroad taxation and said that mow it had become so rank that the west half of the Union Pacific bridge, which could not be replaced for $500,000, to say nothing of its earaing capacity. It is certainly time for actlon. { He believed that for the relief of the city of Omaha the legislature need do nething turther than to repeal the clause of the law pointed out in the resolution, and as a citizen of Omaha he would be satisfed | { with that, but as a citizen of Nebraska hr | would not be satisfied, for his desire is to sce the rallroads pay thelr falr proportion of taxation in every county of the state, The constitution. he sald, requires th cities shall assess all property on an equal basis, and that includes the railroads, the same as other property owners. Mr. Wead argued that the taxation of railroad property in citles ia purely a local question, just the same as & local ta: pavement in front of the general bullding of one of the companies. Andrew Hosewater said that eyery county was permitted to pursue & different method (Contioued on Second Page) 1903-TWELVE PAGES. | Shelbourne were killed and a brakeman who was riding | | on fatally | | hand, | but SINGLE COP CONDITION OF THE WEATHER Forecast for Nebraska—Falr Saturday, and Probably Sunday Temperature at Omaha Yeste zazaane WILD ENGINE KILLS FOU Crashes Into Rutland Flyer, Filled with Passengers, but Only the Crews Meet Deat BURLINGTON, Vt, Jan. 2—A wild en- gine running from Burlington to Rutiand on the Rutland railroad crashed into the northbound fiyer from New York tonight at The crews of both engines the wild cngine was probably hurt, and nearly every ome of the flyer's crew were Injured more or less seriously No passengers were hurt, although many received bruises. The dead are DENNIS MAHONEY of Rutland, of the fly R. COWEY of Rutland, engineer of the wiid engine. JAMES FITZPATRICK of Ticonderoga, ngineer | fireman D. N. CHASE of Rutland, fireman. The cause of the accident nitely known, but Dr. Stewart Webb, pres- fdent of the road, says that he belleves that Engineer Cowey, who had charge of the wild engine, had figured that the flyer would be late, as it usually was, and that | he could run before the uptrain reached that place. night the fiyer was on schedule time. to Shelbourne for a siding The impact of the collision was terrible | and only the heaviness of the flyer pre vented a greater disaster. As It was, both engines were totally demolished, the boller of one exploding with a terrific report. MRS. TINGLEY ON THE STAND Denies ¥ that She Sald Life at Would Make Marriage Relation Unnecensary. Loma SAN DIEGO, Cal., Jan. 2.—Mrs. Catherine A. Tingley was placed upon the stand as her own witness in rebutting the testimony of the defendant in the trial of her action for libel against the Los Angeles Times. All of the principal charges made agalnst her in the Point Loma institution of which | she is the official head were read to h | and she denied them ad seriatim. She was a cool, deliberate witness and in answering the many detalls that were evolved from the questions took most of the afternoon. She had a ready explanation for such of the charges and inferences as she did not repudiate. She stated with much emphasis that ehe had not withheld food from children, as was related In the deposition of Dr. An- derson of San Francisco, but on the other it was one of her theorfes of the child rearing that the infants should be fed every half hour. She flatly denied what Lo Fitch of Havtford, Coma., had testi- fled to in alleging that she had stated that lifo upon Point Loma would evolve a state which would make the marriage relation unnecessary. An fincident of the day was the refusal of the trial judge to permit the jury to %0 to Point Loma to view the institution, although It was strongly urged by Mrs. Tingley's counsel. ‘COLORADO BANKER IS MISSING Jumes H. Robin, President of Bank of Disappears, abilities of §300,000, Stlvert SILVERTON, Colo., Jan. 2.—Owing to the Qisappearance of the president, James H. Robin, the Bank of Silverton was closed today by the cashier, A. H. Munde. The bank is capitalized for $30,000 and its lia- bilitles are estimated to be about $300,000. Robin, who is the principal stockholder, has not been seen since yesterday. It Is sald he nas been acting strangely of late and the theory of his friends is that he has become demented and wandered into the mountains. Acting on that theory the sheriff has sent several parties out to search for him. The creditors met tonight and appointed a committee to investigate the banks' con- dition, provided Mr. Robin does not appear in a day or two, MARSHALS MEET A WATERLOO One is Killed and Two Others Se- verely Wounded by Unknown Man They Tried to Arrest. M'CURTAIN, I T, Jan. 2—Three United States deputy marshals, Sam Sor- rels of Kintalt, Ralph Scargall of Mc- Curtaln and another, whose name has not been learned, were shot by an unknown man who resisted arrest today at Coal Creek, a small town on the Kansas City Southern road. Deputy Sorrels was killed instantly, the other two deputies belng severely wounded. While the deputies were attempting to ar- rest the man he suddenly drew two volvers and opened fire. Freelng himsel: from arrest with the weapon, he disap- peared across the country and has not been apprehended WHY HIGH COAL RATES PREVAIL | Chicage City Councll Committee Hears Statements of Deale: t the Cause. CHICAGO, Jan ~Testimony from wit- nesses representative of the mine owners, wholesalers and retallers of coal was heard | today by railroads, the city councll committee on having fu charge the inquiry fnto the cause of the present high prices of soft coal. Out of 160 invitations eent out by the committee nearly forty were responded to. The committee Irterrogated the dealers, all the testimony was to the effect that a combination of economic causes and the Jaw of supply and demand have caused the present lack of coal and consequent high prie Movem At Moville — Balled — Corinthian, Liverpool, for Halifax and 8t. John. At Queenstown—Arrived—Cymric, from New York, for Liverpool, and proceeded. Balled—Merjon, trom Liverpool, for Hos At Browhead, Dec! Fasscd—Nomadie, from New York, for Liverp At New Orleans—Departed—Clarke and bargenfor Bt Louls YA Liverpool—8ailed-Bovie, for New Antwerp— Arrived—Nederland, from delphia t Southampton - Arrived—8t. Louls, from jew York Haven—Passed—Etruria, from New York, for Queenstown and Liverpook of Ocean Ve from At Crook 1s not defi- | To- | re- | LILLIE CASE DRAWS More People Wish to Attend Than Oan Gaic Admission to Oourt Room. DOCTORS DESCRIBE THE WOUND IN HEAD Member of Ooroner's Jury Also Placed on Btand by the State. MAKE SOME EXPERIMENTS WITH REVOLVER Oonolude Weapon Was Olose to Head of Victim and Alse to Window. DEFENDANT TALKS TO A BEE REPORTER | Tells How She Was Sweated by Cor- Jury at Time When M=Points Ont Inace oner's w actes. DAVID CITY, Neb, Jan. 2.—(Special Telegram.)—When court convened this | morning the room was filled to {ta utmost capacity, showing conclusively that interest in the Lillle murder case had not dimi- nished during the recess. Mrs. Lillie ar- rived at the court room accompanied by | her parents, Mrs. Gelsinger, her sister, and Sam Lillle. Dr. 8. C said: “I was called to the Lillle residence on | Octaber 24, arrived there about 5:30 in the morning, found Mr, Lillle breathing heavily, gasping, lylng on his back, with his head thrown somewhat to the south. I asked | Mrs. Lillfe trom which direction the bullet bad been fired. She answered from the west side of the bed. We removed the pa- tlent to the hoepital, when we enlarged tho opening in the skull “Found gralns of powder in the edge of the wound and for about one-eighth of an inch around the wound. We also made in- cisions for the purpose of locating and re- | moving the bullet. From what I had been { 1010 as to the direction the bullet had been | fired 1 supposed the bullet would be found on the right side of the head. Fired at Close Range. Beede was the first witness. He “I assisted Dr. Sample In the autopsy that was made. “The bullet entered the skull about one and one-half Inches in front of and a little above the right ear and was found in the base of the brain and about one inch behind the left ear. “At the time I thought the bullet had been fired from a distance of about two fest or more. The fracture of the skull would indicate that it was fired from a closer range. The doctor, by the use of the skull of an adult person, demonstrated to the court the point where the bullet entered the head and also where it was found. On cross-examination the dector sald when he arrived at the Lillle house that morning it was about daylight; that his opinfon as to the distance the shot was fired s based on the powder burn and that when he first saw Mr. Lillla that morning his head was lying stralghti there might have been a variation of an lnch. On f{ndircet examination the dootor that in his opinion the pistol must h been very close or immediately against the skull. Dr. H. E. Burdick was the next witness called. He {8 a partner In the David Clty hospital. He was present at the hospital and examined the wound In Lillie's skull, With the use of the skull of an adult per- son the doctor demonstrated ti the court the point where the bullet struck and where it was found. The witness sub- stantiated tho testimony of Dr. Beede. timony Refore Coromer. a Long before court convened | @oon the large room many were unable to get In hearing | distance and remained in the hallways. John D. Sprague was the first witness. He | was a member of the coroner's jury. “Our attention was called to the wound | In Lillie's head by the coroner. 1 remained there during the entire time of the autopey. Mrs. Lillle was a witness before the cor- oner's jury; she described the manner in which the killing was done. She said she was awakened by a man standing by the iI)ed pointing a gun at h she rolled off the bed just as he shot. She got up imme- dlately and went into the girle’ room, called them and fold them that & man had shot Harve. She sald he was a man about the size of Mr. Lillle. She could plalnly see the man, but she could not distinguish his features; that he might have had u mustache, but was sure he did not have whiskers; If he wore a mask it was a tight- fitting one. She sald the man stoed about halt way, lengthways of the bed and about one foot from the bed on the west side. “In showing the coroner's jury the posi- tion of the burglar, she stood almost erect, possibly leaning a little forward. I think she sald the head of the bed was out from the wall about ten inches and the foot of the bed about two feet. The distance from where Mrs. Lillle sald the man stood: to the window is about six feet and from the curtain to the window glass is from four to six nches. The second time we were in | the bedroom we examined the hole in the curtain, window and screen closely. One of the jurors held a revolver over the bed, placed & man on the bed, placed another on the other side of the bed to take the place of Mrs, Lillle and I took a pencil and the pencil was slightly clevated, that is, the { outside was a trifie higher than the hole in the glass. The hole in the glass was round hole and the hole in the screen was smaller. The screen was not forn. Identity W The window was brought into court and partly identified by the witness. The win- dow glass In powder burned about two inches In diameter. The powder burn s «till plain on the glass. The window cur- tain was also produced and identified as the curtaln taken from the window In the Lillle bedroom. The hole in the curta made by the bullet Is about one-halt ineh {in diameter. The powder burn on the curtain is from three to four Inehs in dlameter. The window and curtain were admitted in evidence. Witness gave an outline of the tests made by the coroner's jury as to the distances of powder burns on window glass and lace curtains. His evidence in this respect was substantially the same as that of Coroner Sample. The window sash, glass and cur- taln which was used in making the tests by the corever's jury was introduced in evidence and witn: portrayed to the court the position of the window and cur- taln in making the tests. In the test made at & distance of six inches and more there was no discoloration of the glases or curtain, but at a distance of three (nches the pow- der burn was about the same as on the &lass and curtain in the Lillle home, The attention of the witness was called to the time two of the jurors lay om the this atter- was crowded and ow and Curtaiu,