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THE OMAHA DAILY BEE. PUSHES TRUST LAWS CALLS CONGRESSIONAL LEADERS TO HIM Discusses Matter with Speaker Henderson and General Grosvenor, BILL IS TO COME UP THIS SESSION No Partionlar Measure Yet Agreed to or Oonsidered at Oonference, MIDDLE COURSE LIKELY TO BE TAKEN Belleved Leglslators Will Steer Clear of Too Radic servative Action, im Deal- Problem. as Also Too Con- WASHINGTON, Jan. 7.—President Roose- velt had a conference today with Speaker Henderson and Representative Grosvenor of Ohlo with regard to proper anti-trust leg: tslation. The conference lasted for a con- siderable time, the situation in the house being dfscussed thoroughly. It 1s uBiderstood that the president im- pressed upon his callers, who went to the executive offices at his request, his desire that some legislation dealing with the trust question should be enacted at the present session of congress. No particular measure was undet discussion and, of course, none was agreed upon. “The trust question is a most dificult one to handle in a legislative way,” said Gen- eral Grosvenor, as he left the executive offices, “but I think some measure will bo enacted Into law at this session. It will be necessary to steer a middlo course be- tween the desires of the radical anti-trust people and thosn who profess to see little evil In trusts or combinations of capital. That such a course will be adopted by con- gress I have no douby.” It _is stated that at“the conference today the "question of bringing the subject of trusts before the house in a formal way at an carly date was considered, buwhat con- clusion, It any, was reached is not known. MAJOR THREATENED -DEATH Filipinos Forced to Act Under Penalty of Instant Execution, as Guides MANILA, Jan. 7.—Two natlves, former officials of Calbaygo, island of Samar, were the only witnesses at the trial today of Major Edwin F. Glenn They told of Major Glenn's arrival at Calbaygo, and said he directed the citi- zens to assemble n his office. When they appeared he read General Smith's order and advised them to ald the Americans in the pacification of the island. He sald this pacification was in their hands and directed them to go out and confer with the in- surgents. He warned the citizens that it “tho lawurgents. falled -to surrender they would be ised as yuldes to conduct the American column against the enemy. One witness sald Major Glenn had taxed him with knowing the location of General Lukban's company. He sald the major warned him that it he failed to find Luk- ban he would either be hanged or shot. The witnesses gavo the names of the seven guides who are alleged to have been executed under Major Glenn's orders. LEAVE TRUSTS FREE OF LAW James Eckel, Says Less Rather Than Legixlation Needed. CHICAGO, Jan. 7.—James H. Eckles, ox- comptroller of the currency, was the prin- cipal speaker at the banquet of the Illinois Manufacturers’ association tonight. Mr. Eckles deprecated the tendency to enact laws to control or supervise business enterprise; He declares that the country did not need laws to control its business enterprise, but would be better oft if there were less law rather than more. He asserted that the one thing from which business interests suffered was over-legislation, instead of in- sufficlent logislation. The appeal which the business men might well make to the legislatures was to be left to regulate their own business undertakings free from leg- islative interferente. The evils alleged to spring from combina- tions of capital were greatly exaggerated and none of the pessimistic predictions re- garding them had been realized. MASKED MEN RAID JAIL Force Oficer to Give Up Keys and Free Two Alleged Lynchers, LEWISBURG, Tenn., Jan Last mid- night thirty masked men released W. P. Hopwood and W. Y. Johnson from the Marshall county jall. The prisoners were charged with lynching & negro named John Davis and & numeruosly signed peti- tion to Judge Houston to grant a spectal term of court to try them had been re- fused. The judge’s action became known here last night and shortly afterward the masked party appeared at the door of Sheriff Wallace's residence. The st~ ant jaller answered the summons and was forced to glve up his keys and the prison- ers were released. The keys were thea re- turned to the officer and the crowd quietly departed, taking the alleged lynchers with them. The whereabouts of the fugitives is unknown. TRAIN SMASH KILLS TEN Pltts Collides with Freight Owing to Flagman's Mistuke, r& Passenger PITTSBURG, Jan. 7.—A Pittsburg, Vir- nia & Charleston passenger train collidéd with & freight nesr Duquesne tonight, re sulting In the death of fifteen or twenty. The railroad officials at 7 stated that ten people were killed outright and quite a pumber injured. From meager accounts to hand it seems the freight traln had orders to take a sid- ing to let another freight pass. In coming back to the maln track the flagman, it is said, instead of going ahead with his train, went back to lock the switch. Just at this time the Kiizabeth accommodation came along and crashed into the freight head-on. The cugine was forced through the smoker, killing or injuring every passenger in that car. 8o far »5 known, the passengers In the other cars escaped practically unin- Jured. TABLISHED JUNE 1 (s 'v OMAHA, THURSDAY MORKING, JANUARY 8, 1903—TEN PAGI ETTLEMENT Adjust | POWERS HASTEN § Allles Are Anxl - to the Trouble in Venesueln . oon as Possible. BERLIN, Jan Joint reply of the po gesting a settlement only goes so far as to offe. sufficient guarantee for the $335,000 to each power This reservation remains as the fixe only condition precedent to arbitration negotiations direct for a supplementary | agreement. { The German government would much pre- fer to close up the matter by negotiations through Minister Bowen while the blockade continues than withdraw the blockade and adjust the claims through The Hague arbi- tration court. WASHINGTON, Jan. 7.—Through the United States embassy at Rome, the State department today reccived the answer ot the Italfan government to Presidedt O tro's proposition, which has been duly for- warded to Caracas It 18 stated that the Itallan note Is on lines similar to the British and German de- mands. CARACAS, Jan. 7.—Tho answers of powers to President Caetro's last relative to urbitration were him this afternoon by Mr. Bowen. A meet- ing of the cabinet was at once called to consider these communications. It Is expected that the president’s answer will be handed to Mr. Bowen tonight It has been learned from an authoritative source that the answers of the powers de- | livered by Mr. Bowen this afternoon have created a feeling of depression in Venezuela government circles, | All sorts of rumors are current in © racas tonight concerning Presldent Castre reply, but none of them are reliable, | LA GUAYRA, Veneiiela, Jan. 7.—Fish. | ing smacks were not allowed to leave this port yesterday evening owing to some of them having infringed their blockade per mits by communicating with and purchas- ing goods from a eloop which had contra. bands of war on board ALL PAY SAGASTA HOMAGE Two Hundred Thousand Persons Tarn Out to Wateh Dea man’'s Funeral, portion of the snezucla sug- rbitration "',, for a | ot | “r, the proposal delivered to Stater MADRID, Jan. 7.—King Alfonso, who had expressed the intention of attending Senor Sagasta’s funeral today, was dissuaded by the ministers, who feared political demon- strations. The funeral was a remarkable public | demonstration. Behind the lines of troops were crowded masses of people, mostly of the lower classes. They were silent and respectful and bared their heads as the cortege traversed the two miles to the Pantheon. Every window along the line of march was filled with spectators from the upper class of soclety. In addition to the mourners all the cabi net ministers, as well as representatives of King Alfonso and of the queen mother, followed the remains. Almost every public body and every class of soclety were repre- sented In the procession. The splendid funeral car was drawn by six horses and flanked by the king's halberdiers and tho ushers of congress and the senate, bearing lighted tapers. It Is thought 200,800 people were on the streets. FORCED TO SUPPORT KAISER Krupp's Late Workmen Wire Wilhelm that Compulsion Alone Led to Previous Message, BERLIN, Jan. 7.—The employes of the Vulkan works at Stettin have sent Emperor William the following telegram. The assembled men of the Vulkan works declare they disapproved of collecting sig- natures to an address supporting the em. peror's attitude in the Krupp affair, and disagreed with the contents of the tele- gram sent. They declare, on the other hand, that the telegram was a concoction designed to de- e his majesty regarding the true and honest sentiments of the working classes. The signers were Induced by direct or in- direct compulsion to sign this telegram They deem it frreconsilable with their manly honor as working men to decelve his majesty concerning their true senti- ments and’ declare that they signed only through fear of pecuniary damage, A resolution embodying the foregoing was adopted at a stormy meeting. The address complained of was an endorsement of the emperor's two speeches to workingmen directed against the late Herr Krupp's as- sailants. CHINA IS GIVEN NOTICE United States Only Nation that Does Not Insist Upon Payment in Gold. PEKIN, Jan, 7.—At a meeting today all the forelgn ministers except United States Minister Conger signed the joint note in- forming the Ghinese government that a | failure to fulfill its obligations in refusing | to pay the war indemnity on a gold basis, as provided for by the peace protocol, would | entail grave consequences. DISLIKE REPORT ON LEPERS Honolulu Republicans Arrange a Pro- for P Congre: test entation to HONOLULU, Jan. 7.—The report of the senate committee on the leper settlement at Molokal has aroused considerable oppo- sition here The republican central committee has d clded to petition for signatures and send the protest to congress Koch tn Blg Fee. BERLIN, Jan. 7.—Prof. Robert Koch, the eminent bacteriologist, who sailed today from Hamburg for Rhodesia to study the cattle plague for the British South Africa company, receives as compensation $2 daily, exclusive of his expenses, and ha the assistance of two high salaried doctors. tonal Re Sens orts Are Den LISBON, Jan. 7.—The reports sent out from here that reservoirs in this city had burst, that many persons had been drowned and that the people were panic-stricken are untrue, As a matter of fact, a bursting water pipe flooded one shop, which was damaged to the extent of $150. No one was injured. | | | PARIS, Jan. 7.—The Temps correspond- | ent at Constahtincple telegraphs that rep resentatives of the Mausers signed a con tract today providing for the delivery to the Ottoman army of 200,000 rifies. ed. or the Sultan. | Argentine Cattle Free. LONDON, Jan. 7.—The udmission of Ar- gentine cattle into the United Kingdom is awaiting only the drawing up of the regula- | tions and the promulgation in the Gazett | ducing states will have a conference in the |to permit the cattlemen of Nebraska to lease | hollday adjournment will be incorporated {Tess than the estimat | penaing in your Body BEET SUGAR MEN GIVE IN Decide to Oease Further Oppesition to Ouban Reciprocity Treaty. OXNARD SO INFORMS THE PRESIDENT Conference of Representatives from Beet Sugar Producin, Be Held at States to n Early Date. (From a Staff Correspondent.) WASHINGTON, Jan. 7.—(Special Tele- gram.)—Henry T. Oxnard had a confer- ence with the president today. He informed | Preaident Roosevelt, as well as senators | and representatives with whom he con- versed today, that the beet sugar Interest will no longer oppose the granting ot lower | dutles to Cuba through the treaty that ha been negotiated. If Mr. Oxnard volces the sentiments and attitude of the beet sugar producers the matter Is already settled. It is understood the representatives of the beet sugar pro- near future and decide upon some plan of | action In relation to the Cuban treaty. Should the opportunity offer, It is believed that an effort will be made to postpone action on the treaty until next session. Confer on Leasing BillL | A conference lasting over two hours was | held tonight in the office of Secretary Hitcheock for discussion of the proposed bill from the government certain lands for grazing purposes. Those present were: Secretary Hitchcock, Judge Vandeventer, assistant attorney general; Senators Diet- rich and Warren, Representative Lacey, chairman of the committee on public lands, and Representatives Burkett, Shallenberger, | Jones, Miiler, Shafroth, Grifin, Gibson and | Mopdy, members of the public lands com- mittee. During the session every phase of the situation was presented and discussed thor- oughly. At the conclusion of the confer- ence it was agreed that the Nebraska dele- gation be permitted to draft a bill and submit it to Secretary Hitchcock &nd Chair- man Lacey. It is now thought that since a full conference has been had a bill can be drawn by the Nebraskans embodying points that would be acceptable to all con- cerned. The main points, as printed in previous dispatches to The Bee, after & conference between the cattlemen and Ne- braskans and Major Lacey just prior to the in the bill to be drawn as a result of to- night's talk with Secretary Hitchcock and Judge Vandeventer, John €. Stevens of Lincoln, has been ap- pointed assistant engineer in the geolog- ical survey service, at $1,200. Postmasters appointed: Iowa, New Albin, Allamakee county ton Woodward, Dallas county. kota, Helos H. Koons, county. Army Appropriation Bill, The house committee on military affairs today concluded the work on the army appropriation bill which will ‘carry an ap- propriation of $72,538,367, about $5,000,000 The appropriation last year was $91,246.36. Provision is made for the mustering out of the Portd Rican provisional regiment on July 1 next, the soldiers to recelve two months' extra pay, also that soldlers qualifying as expert riflemen shall recelve $1 extra pay per month, also to authorize the secretary of war to accept §10,000 from the Daughters of the American Revolution for the erec- tion of a memorial building for the physical and moral welfare of the enlisted men at such military posts as the secretary of war may direct. The principal items to the bill are as follows: Army war college, $15,000; pay of officers, $5,000,000; pay of enlisted men, $9,- 000,000; hospital corps, §75,400; pay of re- tired cfficers, $2,171,650; pay of retired en- listed men, $724.327; additional pay for ofi- cers and enlisted men serving on foreign statlons, §700.000; Philippine scoutg, $670,- 160; subsistence, $7,000,000; quartermas- ters' supplies, $5,000,000; incidental ex- penses, quartermaster department, $2,200,- 000; barracks and quarters, $4,750,000; bar- racks and quarters in Philippines, $500,000; transportation, $15,000,000; clothing and camp equipment, $4,000,000; for completion engineer school in Washington, $360,000; ordnance stores, $825,266; for manufacture, repairing and issuing arms at national ar- mories, $1,700,000. Report of Ph The president today submitted to con- gress the third annual report of the Pbil- ippine commission, with extensive appen- dixes. Accompanying the presidenc’s let- ter of transmittal was a letter from Sec- retary Root, making a etrong plea for im- mediate help by congress for the inhab- itants of the archipelago. In bis letter transmitting the report and indorsing Secretary Root's plan, President Roosevelt says: I call your attentlon to the recommenda- tlons contained in the letter of the seere- tary of war. 1 most earnestly feel that the enactment of the measures already for the petterment of | the Philippine islands is imperatively de- | manded by the situation In those islands and serfous calamity may come from fail- ure to enact them Secretary Root in his letter says 1 beg to ask epecial consideration of the recommendations of the commission, all of | which have my hearty approval ! It seems to me the conditions resulting | from the destruction by rinderpest of % per cent of the draft animals of the islands | and the consequent faflure of the rice cro followed by an epidemic of cholera, call for from igress b id that which | commission specifically asks. | removal of export duties on goods | shipped from the Philippines to the United States has materlaly reduced the revenues of the islands, while the duties collected in the United States oh Imports from the Philippines which were o be turned over to the insular treasury have amounteu to ractically nothing. At the same time the | decline in the price of silver, the evils of 4 fluctuating currency and the impoverish- | ment of the people have reduced the gov- ernment revenues when they are most | n for rellef. I think the occasion for | i | W. 0. Bock, Z. G. Pres- South Da- Richlanti, Union the relief in_the Philippines is now greater than it was In Cuba when congrees wp- propriated $3,060000 for the payment of the Cuban_soldlers, or than It was in Porto | Rico when thousands of dollars wers eon- | tributed by “the peopie, and more than | $1,000.000 paild out of the national tr | 1or the relief of the sufferers from t ricane of August, 1899, | Au appropriation of not I 000 for the relief of distress In the Philippine tslands ‘w be in harmony with the course pursucd toward other Span- ish islands. Previous experience indicates that such | an appropriation could be made most vee- ful by giving the Philippine government diseretion to apply it in such proportions | as It deems wise ¥ The senate committee on foreign rela- tions today authorized Senator Lodge to report favorably the general international | arbitration treaty recommended by he Pan-American conference held at the City of Mexico last winter. The treaty is on the lines of The Hague treaty, but applies only o the republics of the western hem- | vors Arbitration Treaty. | (Continued on Second Page.) | | FRICTION MAY BE RESULT Brotherhood of Rallway Trainmen Ask for More Than Roads Are Willing to Pay, ST PAUL, Minn,, Jan. T.—It became ap- parent today that unless the Brotherhood of Rallway Trainmen reécede from two points the settlement of the wage contro- versy cannot be reached without acute triction. It became public today for the first timo the men demand mot only a 20 per it flat increase fn pay, but the addition “an absolute rule guaranteeing double pay for handling frelght trains of more than thirty cars, or tralid hauled by more than one engine. The railway managers uniformly speak of this demand as *‘prépestgrous.’ The Great Northern sefit & communication 10 its committee asking If & proposition for a smaller Increase than 20 per cent would be recelved for consideratiol The reply was that me application for less than the full amount eould be recefved under the Instructions of the chiefs of the order. This explains why practieally no progress has been made towards a settlement. A meeting will be held in Chicago to- morrow by the managers and several from St. Pau] will attend ST. LOUIS, Mo., Jan. 7.—P. H. Morrissey. grand master of the Brofhehood of Raii- road Trainmen, and A. B. Garretson, as- sistant chief counscllor #f the Order of Rallway Conductors, argi¥éd in St. Louls today to confer with the committees of thelr respective orders in regard to the increase of 20 per cent demanded'from the western roads, which the roads have refused An executive session 'was held soon after the arrival of the offiel It was under- stood that the point blank refusal of the | rallroad officials to grant the Increase asked necessitated the presence of Messrs. Mor- rissey and Garretson in 8t. Louis before further action could be authentatively taken. In addition to the 20 per cont Increase A demand was made for an additional man on each train of thirty cars, or a train hauled by two locomotives. This was also refused. FREIGHT MOVES TO0 FAST Western Roads Propose to Leagthen Trip from Missouri River to Chicago. CHICAGO, Jan. 7.—A movement is on foot by the managers of the Western rafl- road line§ to lengthen the schedules of fast freight trains betweéen Chicago and Missour! river points by at least six hours: The exceedingly fast time which fs at presont maintained on all roads has re- duced the train load to a polnt where transportation of certaln. packing house products is furnished on' an exceedingly narrow margin of profit. It {8 estimated that if the time w lengthened between Chicago and the river points so that the minimum schedule could be twenty hours, the trainloads would be Increased 26 per cent. . Should this step be to cause some controve ern and ern fixed thelr western traffic. EMBARGO TO BE LIFTED SOON Foot and Mouth Disease is Practically Over in New England States. it 1s likely een eact- he former ha: " the BOSTON, Jan. 7.—Dr. D. E. Salmon, Census bureau of animal industry, ex- presses his bellof that before the end of this week all cattle suffering from the foot and mouth- disease In Massachusetts will have been dest-oyed. It is expected that within two weeks the cattle embargo will have been lifted from New England. OTTAWA, Ont., Jan. 7.—A report re- celved from Canada’s commercial agent at Jamaica, says the governmet of Ja- maica has passed an order prohibiting the fmportation of cattle from Canada and the United States on account of the foot and mouth disease in New England. MEIGHAN WITHDRAWS APPEAL Ogden Postmaster Goes to Jail for Embessling Government Bonds, SALT LAKE CITY, Jan. 7.—Charles Meighan, former postmaster at Ogden, convicted of embezzling government bonds, today withdrew his petition for an appeal and left this afternoon to serve his sen- tence of a year and a day In the state pen- itentiary. “I wish to have it over with" Melghan sald. “Some day the truth of this matter will come out, but I can't stand the sus. pense.” MARRIED ONLY THREE DAYS Miilionaire Lumberman Weds on Mon- day, Only to Sucenmb on We: day to Old Disease. - MILWAUKEE, Jan. 7.—Willlam H. Brad- ley, the aged multi-millionaire lumberman, is dead. He died in the same invalid chair in which he sat on Monday last when Judge Halsey performed the marriage ceremony which united him to Miss Marie Hannmier, his private secretary, His wife and his adopted son, Willlam T. Bradley, were present when he breathed his last GAS PUTS | Arizona Mine FIRE OUT AT LAST Saved from Flames After Four Months' Hard Work., JEROME, Ariz, Jan, 7.—The mine fire that has been threatening to destroy the United States Verde copper mine at this place for four months has been ex- tingulshed. Heavy carbonic acld gas was forced down the shaft, displacing the oxygen and finally smothering the flames. Movements of Ocean Vessels Jan. At New York—Arrived—Hekla, from “openhagen; Finland, from Antwerp {led—8t. Paul, for Southampton: Pots dam, for Rotterdam, via Boulogne: Trave, for Naples, Genoa and Alglers; Teutonle for Liverpo: At Browhead—Passed—Celtle, York, for Liverpool At Genoa—Saflec At the Lizard—Passed New York, for Bouthampton. At Liverpool-—8alled—Hohemtan, York; Cymric, for New York. At Hamburg—Arrived—Hiucher, New York, via Plymouth and Cherbourg At ueenstown—Arrived—Westernlund trom Philagelphia, for Liverpool, and pro- ceeded; Cellic, from New York, for Liver- pool, and proceeded At Southampton—Arrived—Philadelphia, from New York 7 from New Seyclia, for New York Philadelphia, from for New from LESSONS OF BOOTH'S LIFE Founder of the Salvation Army Tells ef Its | @reat Achiev ments, | ORGANIZED TO AID SINFUL HUMANITY Thirty-Seven Years of Struggle in an Effort to Lessen Human Misery and Reduce the Sam of Crime. What Commander Booth-Tucker called “'a blizzard-proo! congregation” gathersd in the Frist Methodist church last night to | bear General Willlam Booth, founder and | supreme officer of the Salvation Army, tell | “The Lessons of My Life."” Desp.te the iras- | cible weather the church was comfortably | well filled and the keenest interest in the | exerciges of the evening was manifested. | The music was in charge of Bandmaster Dove, and Commander Booth-Tucker pened the program by leading a hymn ‘Love 80 Amazing, so Divine.” Then fol- | lowed Captain Rawley of General Booth's| | staff with a solo, “Till His Kingdom Come," | {n which the congregation shared the chorus. | Commander Booth-Tucker then intro- | duced H. H. Baldrige, chalrman of the meeting, who In turn eulogized the speaker of the evening. Mr. Bald fga ou in-d briefly the history of the Salvation Army, and {ndicated its wonderful growth from & scorned handful of human helpers to an army of blue-coated, blue-frocked men and women who are going into the haunts of sin and fighting evil and misery, and who are carrylng the gospel into the unseen corners of the great cities. General Booth himself speaks in some- what strident tomes and with a masterful manner He f{s much given to wit and anecdote, his talk bcing honeycombed with both. Despite his great age he is active in gesture and accentuated in the phrasing of his oratory. Said he: “I appreclate this hearty welcome, and I understand that the greeting is intended more for the organization than for m In that light I may say that it ls well deserved, for has not the Salvation Army done a great work? I ask you to judge of this, all of you, but judge not witn public opinion as a guide, nor yet take our own estimate of ourselves. Judge by the frults alone. This is the standard by which men measure things in the commerclal | world. ‘What the Army Has Done. Il “Remember further in arriving at your verdict that the army Is only a child yet, 80 do not expect too much. When we have lived as long as Methodism or as the Episcopalians, or the rest of them, we will have accomplished as much as they. “But we are strongly orthodox. We be- lleve in sin as being all evil. We believe in a final judgment. We believe in the | everlasting destinies of heaven and hell. We belleve in the crucifixioa of Christ, in God and man and in that sacrifice by which sufficient saviLg grace was born to meet the wants of fate. “Yet we do not ask for sympathy on the grounds of our orthodoxy. We stand solely on our work. I hold that one ounce of fact is worth a ton of theory, so, 'What have wo done? ¢ “Our work lies in the great highways of suffering and destitution and drunkenness and harlotry and crime. It is two.old. We not only rescue souls that have gone down; we also prevent evil. “Wo fill a great field. In the big clties there I8 not church accommodation for one-twentieth of the Inhabitants. So while the small fraction is in church, what's to be done with the rest? Are they to be left drifting? This was the problera which con- fronted me thirty-seven years ago. My so- lution was to train an army of men and women to follow these great crowds into the haunts of sin and crime and compel them—yes, that's the word—and compel them to believe with us and live as we teach. We started with little bands in | London, small companies, and have since | grown into battalions, regiments, brigades, divisions and a vast army, ixtent of the Forces. “From that small beginning we bave ex- tended tiil now we are In forty-nine coun- tries and colouies In the world. Our forces speak altogether thirty-one different lang- uages, which would make us out not so ig- norant as eome suppose. Indeed, in some countries our officers are compelled to use five or six languages each constantly. “We have alltold 7,400 socleties over the world, and 15,600 officers and others con- stantly employed In our service. Then | there are 47,000 other local officers who live | by the sweat of thelr brows. In addition | there are 17,000 bandsmen. | “In a literary way our contritutions are not small. We have sixty-one publications issued and twenty-seven newspapers, which are printed in twenty-three languages and | aggregate a circulation of 1,000,000 copies. “Our soclal side is also of great import- ance and extent, though it really differs not at all from our spiritual side. To dis- criminate E8Hl the two is to make a dis. tinction without a difference. We huve 613 social Institutions, and we house 17,000 un. fortunates every night. We feed 300,000 | every meal of every day. “A great feature fs our homes for lost women. During the last year we took 8,000 women through these and the total thus | helped in the last seven years is 38,311, | “Then we have sixteen homes for ex- | eriminals, and since their installation we | bave received 14,172 of these. At present | we have 1,500 of them. | Lesson of Hix Lifte, “And this has been my 1ife no early predilection for | brought up ia a worlal | father spent all his tim. making a fortune But at, the age of 15, when I well started toward a wicked youth, I altered The spirit of God selzed me, and from the | sacrifice then made sprang the Salvation Army. That's what I have done with my life. What are you doing with yours? At the close of the address E. A. Benson extended a vote of thanks to “the general | of the army of peace.”” Others on the plat- form were Rev. E. Combie Smith of t First Methodist church and Secretary Wil- lis of the Young Men's Christian assocla- tion. work. I had such. I was home, where my was Why He ¢ “We come here to arouse public pathy for my scheme to clvilize, Christianize, utilize, said General Booth e to Oma sym- humanize, the criminal classes,” to a party of news- paper men In his private car ““Wanderer" at the Union station yesterday afternoon “Our work is with the paupers, criminals, drunkards and fallen women—those people | who produce nothing and are a charge upon the community. The punishes people, but it is not punishment we but reformation, and I think I have shown how this can be accomplished economically All our institutions must be self-supporting for, because of the magnitutde of the dertaking, the charitably disposed state thes wan people (Continued on Becond Page.) | | six less that | upon and the obje | the judge | presided. | state showing the total vote CONDITION OF THE WEATHER Forecast for Nebraska—Fair '|'ht|r-«hl\,‘ Warmer Friday to em. Temperature Hour, x Boaom.o.... “ . » ha Yesterday: . w2 20 1 M'DONALD GAINS FOUR VOTES'SULLIVAN Net Rewult in the Recount of the Fifth County Commissioner Dis- trl, With a total of thirteen ballots thrown out because improperly marked, the recount made in the county court in the McDonald~ Lobeck contest for commissioner of the | Fitth district gives McDonald two less than the canvassing board gave him and Lobeck gain of four for McDonald on the count up to last night, which count includes all the ven precincts of the Fifth ward and the First, Fifth and Sixth precincts of Sixth ward. Thirty-one ballots were laid aside in the two days' counting to be passed terday afternoon. After admitted all except Twelve of these ‘were because only one judge of election and of them were intended for thirteenth, also a Lobeck ballot, was re- jected the voter had writter a name in after Mickey's. All rejected bal- lots of these precincts are therefore posed of permanently, so that the figures glven above will stand without amendment. The reason the skip is made from the First to the Fifth precinet of the Sixth ward fs that the boxes containing the ballots of the Second, Third and Fourth precincts were not certified by the judges of election after the fashion Inaugurated by County Clerk Haverly, and the judges will be called in the arguments, tLirteen signed majority Lobeck. The beceuse to make such certification before the boxes | are opened. Fifteen of the twenty-five pre cinets in the district are yet to be counted In the following tables the return of the | canvassing board appears in the first col- umn under each name and the total of the court’s recount, exclusive of protested bal- lots later admitted, appear in the secon: column: Lobeck. 822 82 187 130 MeDonald. ..578 881 181 124 145 91 945 Protested ballots admitted after argument Fifth ward ............. First precinct of 8ixth. Fifth precinet, Sixth. Sixth precinct, Sixth..... 1160 1190 " 1160 1154 BANQUET in Decided Upon and Ar- rangements Completed fov To- night's Annual Doings. FOR JACKSONIANS’ Program Arrangements are complete for the twelfth annual banquet of the Jacksonian club at the Paxton hotel tonight. It is the expectation th banqueters will be soatod at-8:20. Ahioy, will. Dom- ber about 300, as 230 tickets had been sold vesterday, with many tardy arrivals from the country still to hear from. Last year the attendance was about 200. This aft- ernoon from 3 to 6 o'clock the club will receive at its rooms over 1417 Farnam street and there dispense olive ofl from the olive branch, in the hope that peace and harmony may prevall agaln through- out the juriediction. At the banguet Harry O'Neill is to act as toastmaster. The speakers will be W. J. Bryan, who is no special toplc; Waldo Wintersteen, who begins the publication of the Daily Demo- crat, & new paper at Fremont, tomorrow morning and who will arrive at 4:20 this a H. Thompson of Grand Island, who comes at 10:30 this morning and who will tell of “Democracy and Its Duties;” G bert M. Hitcheock, congressman-elect the Second district, who will expose *“Jacksonlans;” Judge W. D. Oldham of Kearney, who has arrived already, with the very timely query, Be Saved?”; J. Hamilton Lewls, formerly of Washington, but more recently of Chi- cago, who comes at 9:30 this morning and who has ordered inserted in the program this want ad: “Wanted, a Constitutional Party. Of course the arrival of each ts depend- nt upon the train service and the local acksonlanc are figuratively “upoh their knees” with a supplication that the storms shall subside. AUDITORIUM STOCK CONTEST Money Will Be Distributed na Soon Legnl Opinivn Given, The executive committge of the board of directors of the Auditorlum company met last night at the Omaha club for the pur pose of disposing of a lot of routine busi- ness left over from the old board and some accumulated since the npew boerd took charge. President F. A. Nash was not pres- ent, and the vice president, T. C. Byrne. had been that notking of public interest transacted. INGLE COPY THREE | the board gave him, or a net the | fons were argued yes. | by | dis- | 11 due at 4:20 this after | ¢ | noon, or at 7:25 this evening, and assigned | | an | o fternoon to tell all about “The Press;” | formes W, - | of | “What Shall We Do to | After the meeting members sald | It is sald that the payment of the prizes | growing out of the sale of common stock tickets will not awarded until after a legal opinion is recefved upon the subject from (he counsel of the company, T. J Mahoney. The matter is in the hands of the old promotion committee, of which H 8. Weller 1s chairman. Mr. Weller has at- tempted several times to secure th vote cast for all candidates for governor of the state of New York bas received figures from the secretary of state of that cast for gov ernor, but Ly the emen at this total includes over 6,000 votes re- turned by the returning board ing and blavk.” The last letter b from that officer sald that since has made its returns there is determining how many of th 0dd votes are “scattering” and how many blank. For this reason Mr. Weller has de termined to recommend the payment of the premiums the stock tickets on basis of the cluding the “scattering 1s understood only awaits the legal advisor and the The executive commi the 1g the sale exact and accompanied s “scatte re elved the board no way ot 6,000 and on sale of the common total blank,” and it the approval of president of the vote, in is ready to make is finally in charge payment ae soon as er decided by those hav Nominath WASHINGTON the following nate: Army—Lieutenan Johuston, assistant adjut brigadier general, Jan. 7.—The president tc nominations to the Colonel John A | Natlona | course | sioner Day to write an opinton, | for colec i s | |k T STATE LOSES MONEY Bupreme Court Decides Case Brought Against Omaha National Baok 2| :fiJUDG(S NOT UNANIMOUS IN THE MATTER 1n | Holoomb and Sedgwick and OCommissioner 15| Day Make the Majority, AND HASTINGS DISSENT Original Opinion Written by Cemmissioner Day Before His Retirement. | ONLY ONE CHANCE MORE FOR THE STATE Case Pending Seeking Reversal of Verdict Against Leading Bond, men of Former Treas- urer Bartley. (From a Staff Correspondent.) LINCOLN, Jan. 7.-~(Special Telegram.)— The Omaha National bank will not be re- quired to make good any part of the short age In the state treasury resulting from the embezzlement by Joseph S. Bartley of the proceeds of the sinking fund warrant for $180,101, converted through the bank | The only possiblity of the taxpayers being relmbursed for any part the stolen mouey hangs on the pending sults against the principal bondsmen, who were likewise released from liability in the trial court. The long-delayed declsion in the bank case was filed late this afternoon. Although in favor of the bank and affirming the ruling of the lower court against the state, it 8 a divided bench. The chiet opinfon is written by Commissioner Day and concurred in by Judges Holcomb and Sedgwick. A strong dissenting opinion 1s written by Chief Justice Sullivan and con- curred in by Commissioner Hastings. Alto- gether there are five written opinions, the | two cominissioners contributing belng rs of the division before whom the e was first submitted, the third member of the division not having participated. Decision is Held Up. ot disclos By force of pecullar circumstances, the opinion which constitutes the declsion of the court is that of a judge who is not on the bench, having resfgned some months | ago to become judge of the district court at | Omaha. Without Judge Day, bowever, the | decision would be the same, although by | and equally divided bench, because the two supreme court judges concurring would out« | welgh the dissenting judge and commis- sloner. Attorney John L. Webster, representing the bank, evidently had an inkling that the decision due, for he came down to make sure there was no hitch in the final proceedings. Attorney General Prout and Deputy Attorney General Brown are natur ally disappointed over the outcome, because, while having no personal feeling in the matter, they had put in much study ana Iabor to uphold the right uf the taxpayers to hold the bank for the loss. <o e OB A AT, Commissioner Day, Judge Sadgwick and’(" Judge Holcomb concur in separate opinions Judge Sullivan and Commissioner Hastin, dissenting. The case had been assigned to Commis- Following is the syllabus of his opinion: Where property has been taken from the plaintff without his knowledge or consent, or of those having the lawful custody and control over it, the motive which prompted the defendant’ to receive and dispose of t is an immaterial issue; but this rule loes not apply when the plaintift is agent r servant, having the lawful custody or control over the property consents to or requests the defendant to receive and dis- | pose of it. In such case gullty intent Is essential element of conversion. The opinion says: case was before this court upon a former hearing, belug reported in 5§ Neb. { 487, wherein the judgment of the district { court, based upon a verdict for the de- fendants, réturned in obedlence to the per- emptory’ direction of the court, was r versed "and remanded. A retrial resulted in a verdict and judgment for the defend- ants, to review which the state has brought the case on error to this court, Upon the former heuring the present chief justice took no part; Justice Harrison joined in the | reversal, buf ‘expressiy stated “that he dld not concur in the reasons for reversal an- | nounced in the opinion of Justice Sullivan {1t s for these ns we are asked fo | again exumine some of the questions pre- vlously considered by the court History of the Action. This action was brought by the state of Nebraska in the district court of Douglas county agalnst the Omaha Natlonal bank and J. H. Millard, preside: ver $201,881.05, with interest thereon from Ja uary 2, 189 The busis of the state's clalms is an alleged conversion by the defendants of said money, which It was claimed was paid to themi on a check given oy J. 8 lartley, state treasurer, and which ‘It in charged they illegally, wrongtully, fraud ulent’y and without authority of law con- verted to their own use. Januaiy. 188, the Capital Natlonal ik of Lincoln falled, having at the time on deposit to the credit of the atate $ig 1017 belonging to the sinking fund. = For | the purpose of relmbursing that fund out of the general fund the legislature of 156 passed an appropriation act, approved LApril 10, 1895, entitled “An act making ap- Propriation’ ‘for current - expenses of the sta vernment for the years ending M 1596, arch 31, 1897, and to pay mi lianes ms of indebtedness lowing by the of Nebraska. Among the v which a s were made was one ag follow sinking fund, $180,101.7, to relmburse fund for same am it tled up In National bank.” The warrant l- rsuant to this act sold to the al N bank of w York. On r or Novemler, 18 the Chemical bank, claiming to be the owner warrant, forwarded ft in the usual of business to the defendant .ank fon. purpose of the leglslature in passing nactment above referred to was to sfer the state’s money from the general il to the sinking fund, The uestion liy arlses as to the proper methods pursued In_accomplishing that ob- ction article il, of the constitu- vides as follows: “No money shall o drawn fr the treasury except in rsuance of a specific appropriation mada law and on the preséntation of a wir- nt issued by the auditor thereon,” Bartley Entitled to Warrant. Under the tion act it auditor hen re | i state sald Capital the tra f vistons was entircly his_appropria proper for Bartley treasurer to receive from the o the sald warrant, and ived to present and register 1t for the same manner of any othar the general find. The rising from this appr se of the state's no greater withdrawal nt of any the state aid by state f its the paym ligations o es of Its officers are [ warrant drawn upun tue Th e are presented for pay- tster in due course and pald existing la use out piid cral fund. nd reg has the state What wa to )f th uhead of aw not 8 to the order however, that the wa uthority to rder its it Our have warrants? referred ¢ The ere fact right to recely upon him no f it—he was a trust n he should have held it when reg- tl in th gular course of by was called in for payment, then ald it and credited the sinking fund witb he amount of the warrant and lateres., pityme Bartley had the rred it