Omaha Daily Bee Newspaper, January 12, 1903, Page 2

THE OMAHA DA RELIEF FOR THE STOCKMEN | Oplonel Mosby Bvugu Plan to Boften Fenoe-Destroying Blow. WOULD SUSPEND LAW FOR SIX MONTHS Writes to Senator Danlel Recommend- ing Action La Congress to Prevent » from catio partment's Orders. * (From a Staft Correspondent.) WASHINGTON, Jan. 11. — (Special.) — Colonel John 8. Mosby has taken steps to advocate some softening of the blow which | will strike the cattlemen of Nebraska it the fence-destroying order is pushed. He advocates the passage of a law by congress which will suspend the anti-fence law for | 8t least six months. On tois matter the following letter, written by Colonel Mosby to Senator Danlel of Virginia, will be of Interest to Nebraskans concerned ALLIANCE, Neb., Dec. 8, 192 W. Daniel, United’ States Benator: Dear Major—No'doubt you have seen notices of e excitement in western Nebraska pro- duced by the orders of the land off remove fences from public lands. T probibiting it was passed February %, but has been a dead lettir-here uptll 1 came last August. A very large portlon of the public_anmain has been inclosed by big cattlemen to the excluslon of those who have small herds or want homesteads. The tice has @ohie on %o , with the ‘trespuseera ands for grazing their cattle, and set up a sort of equiiable estoppel against the govern- ment. Then the appeal I8 made to let the fencing stand, even if wrong In the begin ning, as it would be injurious now to the publle interest to remove it How to Help Stockmen, Hon. John As these fences have stood a long time by sufferance 1 think some Indulgence should be shown to those who own them. But as an officlal 1 have no discretion, but must obey Instructions and execute' the law. They are certatnly an obstruction to seitlement and should be removed; but as they were erected by an implied license and have stood 8o long by the acquiescense of the government, good faith requires that they should be'removed with as little damage to individuals as possible. Time should be glven cattlemen (o adjust thein- selves to new conditions, just as Mr. Lin- coln favored the gradugl emancipntion sluves. | um opposed 0 harsh measu and would be glad if congress, by a resolution, would suspend the fence for at least six months, or even a year. This. would put a stop to fencing public landg, as nob6dy would bulld fence that would have to come down {n a few months, and the cattiemen would then pull down their fon Last spring T wrote a lettsr to the gen- £r.i lind office recommen@ling that the home- stead law be so@mended as to permit a person in the semi-arid region to enter at least one full section. 1%hink two would be better. In an agricultural country a homestead of 160 aeres mny support » family, but it will not where land s not worth ‘much for anything out grazing. 1 think svch a policy would prognote the settlement of the country. The president in his message recommends it. Such an amendment of the homestead law might be embraced In ' jolnt resolution suspending the fence law. T sugkest that you confer with Senator Mfllard. of Nebraska and Senator Gibson of Montana about it 1 hope to see you soon. I am out on the prairie enjoying Argtic weather, Very truly, JOHN §. MOSBY. About Widows' Le: Colonel Mosby finds some fault with a circular sent out from ¢he general land office concerning the rights of soldiers’ widows under the law. His letter is ad- dry d to the commissioner, and reads ALLIANCE, Neb., Dec. 8, 1%02.—The Com- missioner of the General Land Office: Sir— In & leder to you of August last I called vour attention to the statement on page clrcular of the general land office, that ‘Tt the land 18 cultivated In good faith the law will be regarded as substantially complied with, although the widow or children may not actually reside on the land," and 1 ex- ressed the opinfon that this declaration is n conflict with the statute (sectfof 2307, R. 8) and abolishes the restrictions us to residence and cultivation which it imposes, This erruneous construction of the statute is the origin of the fraudulent soldiers’ widows entries which have been suspended the general land office. Under séction of the Fovised statutes a soltier who makes a homestéhd entry Is entl o have his term of sérvice, not exceeding four years, deducted from 'the period nf five rs' residence required by law, and i llowed six months after filing his declara- tory statement within which to-commence his settlement and improvement. But sec- tlon 2306 says “No patent shall be issued to any homestead settler who has not resided upon, improved and cultivated his home stead for a period of at least one year af! he shall have comm d_his " {mpro ments.”” Section 2807 o revised statu substitutes a soldier's widow to the 1. band's rights under section 2304 “subject | to all the provisions'as to seftlement and | improvement therein contained.” Tt does not enlarge the widow's rights beyond the rights of the husband. Interpreting the Law, The words “settlement and improvement’’ in section 2007 of the revised statutes are clearly Intended as the equivalent of “resi- dence, Improvement and cultivation” In sec- tlon 2306, for settlement on land implies residence. Homesteaders are called met- tlers. The policy of the homestead law is to promote the settlement of the public lan But the widows leasing the land for grawing defeats the very object of the law, aus the land was already grasing ground before she made her homesiead entry, and the fences of the cattlemen keep out settlers. It is the object of the cattle- | men to fence out settlers and preserve the a_ soldler’ public land for p he Is “required to have No matter how may have bee: resided on his homestead for at least a ear before a patent can be lssued to him he_construction now put on section 23M, by dispensing with residence for a widow, converts a homestead right Into an abso- lute, unconditional grant, aud makes it | practically the same thing as a land war- | rant given to the widows of soldlers of the Mexican war and the war of 1812, that could be sold on the market and located on public land_anywhete. Residence i# necessarily Implied in the term “homestead.” It iS a waxim of the law that it never rm‘!:lre.\ a man to do a vain thing. While the circular dispenses with the widow's residence, it still requires of her the same oath that it requires of every entryman “that I will faithully and | honestly endeavor to comply with all the requirements of law as to settlement and cultivation; that I do not apply to enter | the same for speculation, but in good faith | to_obtain a home for myself,” etc. (form | 4-086). Of course it is repugnant to reason | to suppose that congress intended that a guardian of infant children, or the infant children, should actually 'reside on the land, and if the land is cultivated in good | falth this may be regarded as a substantial compliance with the statute, as the reason of the law Is thedife of the law. But there 1s nothing more unreasonable in requiring ! a widow with children to reside on a home- stead than to require it of an old maid who I8 presumed to have no children. The circular Is either wrong iIn its nstruction of the statute or it Is wrong to req such an ocath of a soldier's widow. An executive department may pass regulations stent with law for carrying laws in but cannot make a regulat.on in con- fict with law. Respeetfully JOHN 8. MOSBY. Speetal Agent an additional for the Eighth judicial circuit. This eircuit is comprised of the states and territories of Nebraska, lowa, North Dakota, South Da- kota, Missouri, Arkansas, Wyoming, Colo- rado, Utah, Indian Territory, Oklahoma and New Mexico. PRISONER SHOOTS SHERIFF Negroes K1l @ Escape with Mob Anxious for Lynching on Thelr Heels. Captor BIRMINGHAM, Ala., Jan. 11.—A report reached here today of the assassination of Sheriff Reese of Bibb county. The crime occurred at Brierfield late last night Reese and one of his deputies had'ar- rested two negroes and were. taking them to Centerfield to board a traln. One of the negroes was walking in front of the sherift and the other behind, when suddenly the rear man shot the sheriff, killing bim in- stantly. A mob Is chasing the negroes and preparations are being made for a lynching CHINAMAN KILLED BY GAS Breathes Fat in Celestinl Boarding House in Provi- service Fumes dence. PROVIDENCE, R. I, Jan. 11.—Eleven Chinamen were overcome by coal gas in a Chinese boarding house i the “Chinatown" of Providence today, One of them, Don Doc, the proprietor 'of & Chinese grocery® wee dead when found. Two others are in & critical condition at the Rbode lsland hos- pital, but will recover. Don Doc_was overcome with the gas, which came from a furnace in the base- ment, while sitting at his desk, making up his sccounts FIRE RECORD. Pittsb eel Works. PITTSBURG, Jan. 11.—Fire almost en- - tirely destroyed the oldest portion of the CHANCE FOR ANOTHER JUDGE |W. Dewees Wood plant of the American | Sheet Steel company at McKeesport today. de to House | The fire origniated from a broken gas pipe, | and will throw fully one-third of the skilled employes out of work and close nine of the | sixteen eheet mills for a week. The loss | could not be estimated tonight st Mission HUL YANKTON, 8. D., Jan. 11.—(Spéelal Tele- gram.)—Fire at Mission Hill this morning totally destroyed the gemeral store and e = | stock of McPeek & Co., communicating to the barn of Mrs. Guuderson, which was also burned. Loss on store and stock about $12,000; insurance, $6,500.. Origin of fire unknown. Sehool House at Wolbach. WOLBACH, Neb., Jan. 1L-—(Special)-- The school house at this place was burned at b o'-lock yesterday morning. The fire wae of unknown origin. The Inguran: ley of $760 expired about thirty days ago and cousequently the building is a total loss to the district (From a Staff Correspondent.) WASHINGTON, Jan. 11.—(Special Tele- gram.)—A favorable report will be made tomorrow to the house on the bill providing Makes a Mirror of your Silver GORHAM SILVER POLISH Imparts a lasting polish Contains no injurious ingredient CARBONDALE, 1L, Jun. 11.—A five-foot veln of plumbago was discovered today in | Buline counyy. United States circuit judge | ILY BEE: MONDAY, J NUARY ANTI-TRUST BILL TO PASS Houre Decides to Give Right of Way to Combine Measure, DEMOCRATS DESIRE DRASTIC PROVISIONS Will, However, Probabl pablicans Support Re- Final Passage— Appropriations to Occupy Most Time, on WASHINGTON, Jan, 11.—Thae hofige this week will start In earnest on thc appro- priations bills. The Indian and army sup- ply bills are on the calendar, and three others will be reported during the week; namely, the diplomatic and consular, the District of Columbia and agricultural bills. It is probable that the time given to gen- eral debate will be consumed largely in discussion of general political questions. The house will adjourn early tomorrow owing to the sudden death today of Repre- sentative Tongue of Oregon, and it i the intention of Chairman Cooper of the insular committee to call up the Philippine coin- age bill on Tuesday. The democrats will oppose this measure on the ground that as the islands are part of the United States the national currency should be extendsd to them. ™ case the judiciary committee agrees on an anti-trust bill it will be considered as soon as it Is brought into the house. The leaders bave agreed to sidetrack everything and give it the right of way whenever an acceptable measure is formulated,, While, the democrats will urge the adoption of & more drastic bill than the republicans will agree on 1t Is expected both sides will vote solidly for the passage of whatever measure is offered. SENATE MAY DISCUSS COAL Likely Displace Statehood Debate at Any Time, Vest's Motion to WASHINGTON, Jan. 11.—The senate's program for the coming week includes the continuation of the statehood debate e day after 2 o'clock and the discussion of the militta bill during the morning hour There is probability of a return at any time to the question of the scarcity of coal, in conneetion with Senator Vest's motion to abolish the tariff on anthbracite Senator Nelson has not completed his specch on the statehood bill. indeed, he does not even feel able to prophesy whea he will conclude it, but when he does Sen- ator Burnham wil! be ready to pgoceed The opponents of the bill now make little effort to conceal their intention, to zontinue the debate indefinitely with the hope that it will be sidetracked by the appropriation bills, which must be pressed before long Friends of the bill, on the other hand, see no necessity for making way for the appropriation ‘bills at present It is probable that the first general ap- propriation bill, that providing funds for legislative, executive and judicial depart- also a | ments of the government, will be reported ‘ ,L109,315 Sales for 1902 Barrels of Beer 83,700,300 Bottles of Budweiser during the week, but it {s doubtful whether it will recefve consideration at that time, TEAMSTERS REJECT OFFER Men Insist that Full Be Granted by St. Demands Louis Owners, ST. LOUIS, Jan. 11.—The local branch of the Teamsters' National union today re- jected the proposition of a new wage scalo submitted by a commlitee representing the team owners of the city and decided to go on a strike unless their demands were granted. The strike may be ordered any day. The walkout will aftect transfer drayage, warehouge and wholesale companies, as well as teaming companies and individua! teaw owners. It is estimated that over 2,000 men will quit work. The demands made by the | teamsters included among other things an | increased wage scale and & rearrangement of the hours of work. German gration Troub BERLIN, Jan. 11.—The emigration for the | year 1902 through Hamburg and Bremen | amounted to 266,884 persons, an Increase of 63,686 over 1901. The number of emi- grants sailing from these ports has trebled since 1808. The majority of them go to the United States. Forestry Assoclation Meeting. LINCOLN, Neb., Jan. 11.—(Speclal.)—The Nebraska Park and Forestry assoclation will meet in Lincoln January 13 at 7:30 p. m. The meeting will be held in the room of Prof. Bessey at the State univer- ity All are invited King Wants Vo Motor Races. LONDON, Jan., 12.—The Daily Mail this | morning says It understands that King Ed- | ward has expressed his disapproval of ths idea of holding the motor car race for the Jamés Gordon Bennett cup in England. Cocaine Flend Meets Police Lioyd Warrick, clalming Greenville, Mich., | as his home, and a stranger in the city | was taken in charge on Douglas streei | last njght by Detective Savage. He w temporarily insane from the use of cocain | Warrick, when asked who he was by th detective. sald he was the original divine | being. with only one superior, the king of | hearts. Savage sald that he was the king in question and took the man to the sta- tlon. When the officers began to search the prisoner he drew from one of his pockets a box of cocaine, which he clung saying that it was holy spirit and none but the king of hearts could take it from him. It was all fouf men could do | to separate him from his box and put him | in a cell Woman Robbed Him, | | sayws Gabriel W' Smith of 10 ¢ South Omahs Capitol avenue are | Gabriel, who is a Hungarian | very broken. came into the police sgation at a late hour last night, much excited, and | ’lmk i. There was $5.50 and a Swartz and Iren in jail and talks . woman in what he said, but nobody knows | what ¢lse. An officer was sent out to go ! where Wise could point at things, and Irene was brought in. She will wer to |'a charge of larceny from the persc | | 2. | TO CUKE A COLD I¥ OXT DAY | Take Laxative Rromo Quinime Tablets. Al | druggists refund the money If It falis to | cure. K. W. Grove's sigoature is on each | box %ic | tallen twenty degrees since noon. | slush making progress exceedingly dificult | sengers have been kept for hours on the | ‘King of Bottled Beers” Made of selected barley-malt and best imported hops, pure water and fresh The purity, yeast. No corn wused. maturity and excel- lence of their beers have made Anheuser-Busch 4, The Largest Brewery in the Worid Greater than all the breweries in Pilsen, Bohemia, combined, or the three principal breweries in Germany. Dinect . o e O SNOW HALTS MICHIGAN CARS Temperature Tumbles Precivitately While | Blizzard Howls Throuzh Stats. } STALLED éRITISH PASSENGERS GO HUNGRY Mild Weather in United Kingdom Re- nced by W Blasta— Are Imbedded in Drifts and Engines Derailed. | try ins DETROIT, Mich., Jan. 11.—Lower Michi- gan has been in the grasp of u snowstorm | today which, in the western part of the | state, assumed the proportions of a bliz zard. Lake Michigan is tonight lashed b a wind that made it impoesible for any of the boats to leave for Chicago At Benton Harbor the street car service | is stalled and Sunday trains on the Mil waukee, Benton Harbor & Chicago railway had to be abandoned. Three Rivers and Niles report a blizzard, the temperature low and trains delayed by snow. At Grand Rapids the storm is the worst of the segson and the temperature has At 9 It | was 10 above zero with the wind blowing | a gale. In Detroit anow began falling about 5| o'clock in the morning and there was no cessatfon until after noon. The fall con. | tinued intermittently during the afternoon | and tonight five inches of snow had fallen. Trains from the west were from one to two | hours late tonight. i At 11 @'clock tonight the wind was blow- ing thirty miles an hour and the weather bureau was predicting zero weather betore | morning. The Buffalo-Chicago Wabash express wai delayed more than four hours this after- | noon by the slow passage of the car ferry across the Detroit river thick ice and s Stalled in Britain, | Jan. 11.—The recent period of inusually mild weather has given way to evere cold and snowstorms are prevalent | ver Great Britain. | In the north of England and in Scotland the fall of snow has been heavy, trains have been imbedded in snowdrifte and loco- motives have been derailled. Hungry pas- | snowbound trains. In Ireland much damage has been done | by floods. | Louisville Sheathed in Ice. LOUISVILLE, Ky., Jan. 1L.—A heavy fall | of sleet, which began early this morning, coated the pavements and streets of Louls- | ville with ice. The temperature did not go lower than 14 degrees above zero. s mud Cars Stop. PERU, Ind, foot deep bere there Is no ele traffic tonight was a blizzard, with nor At Owensboro, Ky., the | the worst known and street car trafic was | suspended. ‘The supply of coal is ample ai | all points along the Obio river, but almost L) Jan. 11.—The snow factories are tric light or At Maysville, Is one closed and street Ky car there nd sleet storm was | morning, fs twenty-four hours late. | conducted a private | times served in the capacity as commander | morning at 10:15 o’clock from heart fallure all pofnts in the interior are suffering, as | had been fn poor health for three year no cars can be obtained to.haul the coal | She was born in Indiana and was marrie piled up along the river. on November 16, 1866, moving to Nebraska P j with ber husband and settling here in 1865, being among the earliest residents of thi CINCINNATI, Jan. 11.—Dispatches from ] " e L vicinity. She is survived by her father, 8 different points in the Ohio valley indicate M. Morris, a sister, Mrs. J. T. Mills of almost zero weather and serious sleet | oowler Neb., two daughters, Mrs. Ernest storms. In Cincinnati the thermometer 8 | D Johuson and Miss Nellle Hall, deputy registered 12 above today, but 18 nearer | ,,qipyigiregs, and four sons, Harry and zero tonight. Following the rain and sleet | painh o Achland and Mont and Bruce of of the night the street car trafic Was|yesthoro, Mo. Funeral services will be greatly interrupted early in the day. held Tuesday at noon. TOLEDO, 0., Jan. 11.—Zero weather and e a flerce wind, following an all-day storm, serfously impeded local and suburban car | CHICAGO, Jan. 1i.—Rev. Willlam J. Gold, trafic today. All tralns are from one to | head of the Western Theological seminary, x hours late died today after an {llness of two months LOUISVILLE, Ky. Jan. 11.—Sieet and|Dr. Gold, who was 6 years old, came to disagreeable weather rendered passcuger | Chicago seventeen years ago, when the trains from one to five hours late, and the | Western Theological seminary was founded freight trafic was so impaired that the Robert J. Shankland, carrying capacity of each engine was our-| guLppinp Ngb., Jan, 11.—(Special.) afled about 100 tons. The new spectal on : 4 Robert J. Shankland, & prominent and the Southern road from Bt, August DL ke, et arsive at S tia | Wealthy farmer, is dead of appendicitis . . The body has been taken to Red Oak, la., | for interment, DEATH RECORD. ; John R. Townsend, DAVID CITY, Neb., Jan. 11.—(Special Jobn R. Townsend, one of the oldest resi- dents of David City, dled at the family residence yesterday afternoon, aged about | 60 years. Mr. Townsend has been a resi- | dent of David City for nearly twenty-five years. During most of this time he bas boarding house. He | different | am Gold. General Samuel Thomus. NEW YORK, Jan. 11.—General Samuel Thomas, the well known railroad man and financler, dled tonight at his home in thie city. He was 63 years old. AMUSEMENTS, Woodward & Burgess, BOYD'S| "~ iilf2 TONIGHT ONLY David Belasco's Celebrated of the Grand Army post. At intervals i o b |« THE HEART o : 'OF MARYLAND.” sloner and water commissioner in the city. | Mr. Townsend nad the distinction of belng | one of the oldest volunteer firemen in the WITH ALMA KRUQER IN THR state. In Ocjober, 1599, the city council | poo. 80, Toe, B0 granted him & certificate of twenty years' | o b consecutive service in the David City vol- | TUESDAY, WEDNESDAY MATINEE unteer fire department. The greater part A AND NIGHT, . of this time he was the chief. He was a [ Henry W. Bavage's Latest Musical Comedy member of the volunteer fire department | “THE PRINCE OF PILSEN.” at Nebraska City before coming to David | ast of 100 people. City. On two different occasions he has Prices: Mat-—-c to $1.00. NIght—Zc to SLW been considered for the position as chief | of the fire department t Limcoln. He| leaves & wite, an adopted daughter and a | son, Walter, who 1is traveling for lhn‘ Standard Oll company ] Judge Luclen Boles Otiss CHICAGO, Jan. 11 Judge Otis, who came to Chicago forty-five y ago from Ohio, died at his residemce, 245% Michigan avenue, today, aged 83. Before | coming to Illiuois Mr. Otls was judge of the court of common pleas for the countles of Huron, Erie, Sandusky and Lucas in Ohlo. Among the members of the bar who prac- ticed at that time in bis court were Ruther. ford B. Hayes, afterward pres(dent of the United States, and Morrison R. Waeitt, | afterward chief justice of the United States ourt was an old soldler and has at Telephone 1531 es Thursday, Saturday, Sunday, 2 Cvery 'Night, 8:15. E HIGH CLASS VAUDEVILLE John T. Sullivan, Miss Atherton and company, Thorne and Carleton, The Ros! %, leoslie’'s Dogs Harrigan, Alice Ray- mond assisted by Bessle Penn-Guard, a the Kinodrom Prices, le, 2c, be. Lucien Boles s | Matir HOTELS, | Umata s Leading cial Tele- | 4 - supreme Mes, 5. B Neb., Jan Samuel B Asbland Hall Drops Dead. 11— . Hall, wite of the| | ECIAL VRATURE o -8 his | LUNCHEON, FIPTY CENTS dropped dead this | | 120 to ¢ p. m. | SUNDA % p. m. DINNER, % Steadily incremsing business has necess! tated an enlargement of Lals cale, doubling It former capaciy. Hotel N ASHLAND Soo gram.)—Mrs postmaster at had started Lo put som sinking to Mrs. Hall aged 58 years. She tuel in the stove and bent over, the floor and expiring lastantly.