Omaha Daily Bee Newspaper, February 19, 1903, Page 1

ESTABLISHED JUNE 19, 1871. OMAHA, THURSDAY MORNIN s FEBRUARY 19, 1908—TEN PAGES. SINGLE COPY THREE CENTS, - COLD W ME STlCKb CHAMBERLAIN IN CAPETOWN|BEEF TRUST_IS ENJOINED Weather Dispenser Keeps Up Unfriendly Relations With Omaha. TUESDAY TURNS COLDER THAN MONDAY Temperature Gets Only a Few Degrees Above Zero During Day. OTHER PLAGES ARE ALSO SUFFERING | “Sunny Florida” Even Experiences a Touch of Freesing Weather. PASSENGER TRAINS ALL RUNNING LATE Rafiroad Official Says Traveling Dangerons at This Time and ia Surprised to Hear of Temperatures. Valentine Minneapoil Green Ha: Omaha Pottsville, Dubuque Davenport ‘hicago . ansas City. ka Bt Louls -1 Worth - Platte. =41 New York ¢ Yesterday was a colder day in Omahu was its immediate predeces- m. it was three | at noem it Wi m. it was A teen degrees colder, and at 9 p. m., just | cven. At the latter hour yesterday the trend of the mercury was upward, for it was one degree higher than it haa been at | 8p. m. But even at that, it wasn't exactly a warm night. Nobody had the hammock up on the side porch, and the son of toll and | -8 1| Delivers an Address to the People a Makes Powerfal Appeal Ity. —Colontal Segre- ry Chamberlain and his party an here today and received a hearty / tion from a crcwd of about 10,000 pew. awalting them in Green Market Squar number of addresses were presented to Mr Chamberlain. During the reading of one of these Prime Mjnister Springg arrived on the platform and was hooted with much vigor. Mr. Chamberlain, in the course of i spoech, made a powerful appeal for the | union of the races. He admitted, how- | ever, that since his arrival in Cape, Colony he had become less hopeful of immediate | satisfactory results from his visit, as he found that the antagonism of the two races had become chremic, Rebellion was exalted into heroism and loyalty was discountensaced and ostracised, even the pulpit joining in the propaganda tending to Intensify the separation of the races, On leaving the platform Premier Sprige was agaln made the subject of a hostile demonstration. | ITALIANS CRY FOR WAR| Deput Answer Taunts by Declar- n Favor of Naval Strugsle. ROME, Feb, 15.—The chamber of depu- tles debated today the March estimates. | In the course of the discussion reference | was made to the defeat of the Italian fleet | by the Austrian at Lissa in 1866, and Viee | Admiral Morin, minister of marine, safd: | “We have worked thirty-six years pre- paring for the day of trial.” This remark caused a sensation, the members of the left shouting, “Do you want war?” # “Yes, we want war,” retorted the depu- ties In the center. Signor Morin continued that, while they do not want war, they were prepared. He opposed a reduction In the navy owing to | Italy's geographical situation. A large number of emigrants were leav- | ing the shores of Italy, he sald, who must | Court Holds Packers Qonspired Tilegally in Restraint of Trade JUDGE GROSSCUP REVIEWS ALLEGATIONS e et Compet . CHICAGO, I, Feb. 18.—The so-called “beef- trust” case was disposed of today | by Judge Grosscup in the circult court, the demurrer of the packers being oved- ruled and a temporary injunction granted The packers made no amnouncement of thelr future intentions. They have until March 4 to discuss the matter. If (hey deny the facts, upon which Judge Grosscup gave his decision, the matter will go be- fore a master in chancery, who will hear the evideace, and the case will afterward be argued before Judge Grosscup. But in any event it is mot believed likely the packers will let the matter go by default, thus making the injinction permanent. Divides Facts Into Groups. In giving his decision Judge Grosscup | seid For the purpose of clear exposition, the facts set forth in the petition should be tepurated into two groups: First—These that are intended to bring the transaction within the body of in- terstate commerce. { Second—Those that are intended to fix | upon it the character of unlawful com- bination and conspiracy The first group may be stated as fol- lows: The defendants, controlling 8 per cent of the trade in fresh meats in the United States, buy. in the course of their business, livestock shipped from _points throughout the United States, which, hav- Ing been converted into fresh meats, is s0ld again by them at the places where prepared. to dealers and consumers in other states. or Is sold through their | agents, located in other states, to dealers and consumers in the states where the agents are located. The shipments in the first class of sales are made direciiy from the places where the meat Is prepared to the dealers, and in the latter class to the agents in the other ‘states, which, upon sale, deliver directly to the dealer and oconsumers. What may be called the body of these transactions is two-fold. It reaches back- be protected. He pointed out that Great the United States and doubled its ex- Britain, France, other powers had almost | ward to the purchases of cattle that come to defendants from states other than those in_which defendants manufacture; and It | reaches forward to the sale of the meats after conversion, to parties in other states. STARTLING INSURANCE FRAUD New York Distriet At ‘a Omee Sald to Be in Possession of Astonishing Facts. NEW YORK, Feb. 18.—Assistant District Attorney Krotel said today the insurance frauds case now under investigation in this city promised to develop into one of the most startling ever known in the criminal history of the state. “Before the district attorney's office has finished the investigation of the astound- ing and extraordinary New York insura.ce frauds,” he satd, “I should ot be sur- prised ¥ it were proved that the conspir- ators even went so far as cold blood to get bodies for the purpose of colleeting penalties. We have found that twenty-three substitute bodi off on the Hahcoek Insurance company at | once, and as soon as the plotters are in- | dicted these wili be exhumed The inves. tigation into plot has hardly begun.'” The fate of Sarah Weber, who, it is a leged, died from the effects of brutal trea ment, which, it is charged, she recelved at the hands of the comspiraters, Mr. Krotel sald, was but a single Instance. According to stories told by her relatives the remarkable { Sarah Weber was tortured in order to com- pel to ald in the insurance frauds. ‘When she left home she had rosy cheeks and was the picture of hesith. When her family found her she was a shadow of her self. She told her brother that she had been beaten, starved and in the conspiracy. Accused by His Wife of Attes Give Her Pob Candy. INDIANAPOLIS, Ind.. Feb. 18 —Wi' H. Vermillion, a young man from Newark, 0., is held without bond at the police sta- | tion on the etatements of his wife that he attempted to kill her and her two children with poisoned “candy. Mrs. Vermillion fs staying at the home of her brother. She told detcctives that she separated from her husband some time {ago and that he twice made the effort to | poison her. | Yesterday, it 1s alleged. Vermilion called at the house where his wite is stay- to murder in | were passed | | members, and said that, slashed with | knives to force her to help those engaged | YOUNG MAN _!UST EXPLAIR | FORTY ACRES IN FACTORIES Plan of the Union Pacific Oompany for Util- ising Valnable Tract. BOOM TALK BASED ON CITY SETTLEMENT Southwest Club Told of the Intentlon of the Company to Do Somethl; Its Holdings. ovement & with Subsequent to the completion of work on | the present shop site, the Umlon Pacific raflway plans to make extensive improve- ments on a tract of land bounded by Twen- ty-fourth, Twenty-seventh, Hickory and Martha streets. The nature of the work will be vast spur track and siding facili- ties, which will completely cover this forty acre tract of ground, with the object of bringing etxensive manufactures to the spot At the meeting of the Southwest Improve- ment club last might City Attorney Con- nell and former Councilman Ernest Stuht brought this matter to the attention of the inasmuch as the | improvements would be in the club's own | territory, that it would behoove the or- ganization to urge by every possible means the inauguration and the completion of the scheme. The club informally resolved to let no grass grow under its feet in the mat- ter, It was stated that the railway intends commencing this work in 1904 By that time it will be well through with the pres ent improvements in progress at the shops. The railway’s plan as outlined is very broad, embracing practically the establish- | ment of a little manufacturing community | down there in the low tract just west of | the Twenty-fourth street viaduct. Mem- bers of the club were fully awakened last | night to the importance which this move | is to them because of their location » ned On That the Union Pacific had any such plan first leaked out at the time of the big bar- ter made by the city and the railroad a year ago, but the scheme has not been gen- erally known. The major portion of what the Unfon Pacific received in that trade was streets and alleys down in the shop district, the railroad stating that it wished | that territory entire in order to make elab- orate additions which it bas since carried n Long Deter | there was a man CONDITION OF THE WEATHER Forecast for Nebraska—Partly Cloudy and Warmer Thureday, Probably Snow; Fri- day Fair. Temperature at Omaha yesterday: De, srasnaun~E zaqazaans® ~Indicates below FOUND DYING ON SIDEWALK| George Shortly After Be Into Store. . s 2 1 Judge George G. Bowman was found in a dying condition yesterday evening shortly after 9 o'clock, lying on the side- walk just west of the Davidge block at Eighteenth and Farnam streets and taken ! into Hahn's drug store, almost immediately. Death was due to heart disease. Coroner Brailey was sum- moned and took charge of the remains. Mrs. Bowman is in Minneapolis visiting with her daughter, Mrs. Harvey Dewit, and an attempt was made to telegraph to them the ne In addition to these two, deceased leaves a son, Bert Bowman, who is also in Minneapolis. At about 9 o'clock, while Ass! where he died tant Fire Chlef Windham and Patrolman Samuelson | an unidentified | were in the drug store, man put his head in at the door and said | lying on the sidewalk The policeman and Mr. Windham found Judge Bowinan breathing his last and carried him into the store. It was im- possible to revive him. Deceased, who was G4 years old, has been n sufferer for some time from an affection of the heart and during the last year bas had several se- vere attacks. He was on his way down the street from the Bachelors hotel, where he lived, having been noticed to leave there shortly before 9 o'clock. He appeared in his usual health. Deceased has been a prominent trial attorney of this city since 1890, being among other cases, connected with the Henry Tusler cattle contest. He was born in Upper Sandusky in Jamuary, 1849, and educated in Oberlin college. He studied law in the office of Grisell & Hail, and AMEND ORGANIC LAW Governor Miokey Oalls Attention to Press- ing Need of Prompt Action, TIME FOR ACTION IS GETTING SHORT Indicates Ho Will Send Special Message Unless Move is Made Soon. INDICATES CHANGES WHICH ARE NEEDED Ballot Law Requires Amending in Order to Get Expression of Voters. RAILROADS LIKE THE REVENUE BILL One of W » fon Pacific's Lobby Bx« e Proposed Law is “Generally Sat (From a Staff Correspondent.) LINCOLN, Neb., Feb. 18.—(Specl Governor Mickey, unless the legislature acts within the next few days, will renew his recommendation that provisiea be made for submitting constitutional amend- ments to the voters of Nebraska at the mext general election. He urged this in his message which he delivered before the legislature at the opening of the session. A resolution already has passed the senate providing for the calling of a con- stitutional convention, but even this ha mot reached the house. The governor, however, is not in favor of a constitutional convention. He will not, therefore, be guided In his actions by (his resolution. Governor Mickey, deeply imbued with the necessity for providing for amendments to the constitution at this session of the legislature, pointed out this morning that but twelve days remain in which a bill or resolution of this character could be in- troduced, hence his desire for action. Twenty-eight of the forty legislative days in which bills can be introduced are passed with today. In discussing this matter this morning the governor said: “There is no question but that we meed some amendments to our state constitu- ) tion. Neither is there any question but that provisions for those amendments ing and gave his 3-year-old child a bag of | pense of their navies, while Italy had cut | Bach of these transactions constitute, in candy._ On top, she sald, were gumdrops of Irish parents didn't go out on the rear | my judgment, interstate commerce. | was admitted to the bar July 22, 1870, and doorstep to smoke in his shirt sleeves and | 9" sl | came west in 1879, locating in Columbus 1 decollete slippers. In fact, the mercury was still down at 8 above, and the barn €oor creaked like the dickes From all of which it must not be con- cluded that Omaha Is faring either much ‘worse or Letter than other points in the me gemeral latitude. At 7 o'clock when the registration here was 7 above, the reg- stration at Valentine was 16 above; Cheyenne, 26 above; at Chicago, 4 above; “t Davenport, § above; at St. Pgul, 4 above. et St. Louls, 8 above. Even at Blsmarck it was 4 above. Huron remained obstinate «nd clung around the S-below point. It was cloudy there, and at North Platte, but nt most polnts “clear” was the evening re- vort. v S ‘n@iestes any- hl it indlcates rmer weather, but o Uips to the effect hot days are in [t prospect should be reported to he police. They're spurious.’ The mean temperatyre in Omaha yester- cay was 4 below. The same day in 1902 it was 22 above; in 1901, 32 above, and in 1900, 7 Fout degrees colder in Omaha yesterday jiorning than it was at any time Tuesday, a wind of thirty-four miles an hour during the night and the coldest part of the twen- ty+four hours about 7 p’clock in the morning 1s the official record at the local Weather bureau.” But it was mot the fault of Mr. Welsh. He had done his best and predicted slightly warmer temperatures for the time, and the change which did come was “one of those things no fellow can tell about,” for the colder weather was limited to a comparatively small area along the Mis. wour! river in eastern Nebraska and wes «rn lowa, while the porthwést realized upon the prediction of slightly warmer. While it was 30 degrees below zero at Bismarck it was § degrees below the freez- Ing point at New Orleans. Down in “sunny Florida” it wae 4 degrees below the freez- ing petat, and even Phoenix, Aris., tied the Florida city in temperature, ‘while at San Francisco the mercury was only § degrees above the freezing point. A COLD ALL OVER THE COUNTRY Freesing Weather As Far South As the Gulf and Intense Cold in the North. NORFOLK, Neb., Feb, 15.—(Special Tele- gram.)—The minimum tlemperature last night was 30 degrees below zero. The wind was from the northwest and was about thirty milles per hour. FREMONT, Neb., Feb. 18.—(Special)— The wind shifted into the north last night and it grew cold fast. . At 7 o'clock this morning from 15 to 1§ degrees below zero was reported in various localities. The cold weather has delayed the trains on both raliroads. The Black Hills train on the Eikborn was ‘our kours late yester- day and still later today. Treops Still Stuck In Smow. CHEYENNE, Wyo, Feb. 15.—The | weather thooughout southern and eastern | Wyoming today was fine and the suow f» | melting rapidly. The blockade of the Denver Pacific and west of Laramie were lifted today and trains are now moving. On the Cheyenne and Northern snd Elk- horn roads the effects of the storm are still felt. The two trainloads of the Thir- teenth caval'y are still stuck in the smow near Lusk, but they will probably be re- leased soon for a plow and reliet train which left Chadron yesterday are only four miles away. The ranges are now in fairly good con- | dition and with ordinary weather during | the remainder of the winter the total losses for the season will not exceed 5 per cent for cattle and 10 per cent for sheep throughout the state. Gale at Des Molnes. DES MOINES, Ia., Feb. 18.—A imum “of 14 degrees below zero was recorded by the government thermometer this moru- ing, 4 degrees below yesterday and 3 de- grees lower than Monday. The cold is accompanied by s perfect gale, which makes outdoor employment most dangerous. The cold is general throughout the state and more severe in the northern portion. Suffering among the poor i scute. .)—~Last night was the coldest of the winter. »The governmen: thermometer registered 26 below at the coldest point « (Continued on Becond Page.) paval expenditure by $2,200,000. SPAIN IS AWARDED DAMAGES *s Must Pay for Delay in Contract for Vesnels. EDINBURGH, Feb. 18.—The court of ses- slon today awarded the government of Spain $337,500 in the action begun here January 20 by the Spanish miister of ma- rine, Sanchez Toca, to recover $375,000 from the Ciyde Bank Engineering and Ship- bullding company, because of the company’s of the judgment Lord Killachy, the presiding judge, sald he thought it more than likely that if Spain, m In the spring of 1897, had beem In a position to establish a really. effective blockade in Cuba against the unloading of munitions of war, the insurrection might have been crushed and American in- tervention have been avolded. He, there- fore, allowed Spain 00" per week for | the 135 weeks' delay, to which it was en- titled under contract. SECOND TRIAL IS FAILURE Water Tube . System British | Cruisers Does Not Meet with Expeet LONDON, Feb. 15.—The second trial of the British second class cruisers, Hyacinth and Minerva, fitted with water tube and cylindrical boilers, rcspectively, has re- sulted in another defeat for the water tube system. The war ships left Plymouth with an| equal quantity of coal for Gibraltar, and Minerva steamed for twelve hours after Hyacinth's bunkers were emptied. The vessels recosled at Gibraltar and started op the race homeward during the morning of February 15, with the result that Minerva reached Portsmouth at 1| o'clock this morning, baving averaged elghteen knots. Hyacinth’s bollers broke down in the Bay of Biscay on Monday morzing. APPROVES VERDICT OF COURT Findings in Trial of Majpr Glenn \ Are Emndorsed by Gen- . Davis. MANILA, Feb. 18.—General Davis has approved the findings of ‘the court-martial in the case of Major Edwin F. Glenn of the Fifth infantry, who was acquitted January 29 of 4he charge of unlawfully killing pris- oners of war, with the qualification that he Qisapproves of the orders issued by Major Glenn. The general says he recognizes the prin- ciple that guldes may be impressed, and that treacherous guides may be executed, but he adds that Major Glenn's order showed & reckless disregard for humen lite, which the general condemns and rep. rimands. WICHELMINA AGREES TO ACT Will Designate an Umpire . Venesuelan Commission Can- mot Agre Case PARIS, Veb. 18.—Foreign Minister Del- casse has given Ambassador Jusserand at Washington practically a free hand in the concl of the Franco-Venezuelan prote- | col. Queen Wilbelmina wili designate an ums pire In case of & disagreement between the arbitrators. Miners Murdered by M MANILA, Feb 18.—John Prucha and E. Chase, miners, who were working on & | placer claim sixty miles northeast of Zam- boags, Mindanso, re murdered by | Moros In Jaruary. The natives surprised | and boloed the miners. Chase's decapitated | bead was founded hanging to a tree. Pru- cha escaped, but died in the woods from wounds and exposure. Chase was formerly & miner in the Klondike regions. Prucha's | home was at Reading, Pa. Captain and Crew Drowned. PARA, Brazil, Feb. 15 —The British steamer Kelvinside, from Buneos Ayres, for this port, has beea sunk in the Para were drewned. | mour Packing company (‘omlnfl'ln the other branch of the trens- action—the sales by defendants—a like re- sult follows. Unquestionably it is inter- state commerce when purchasers from other states buy directly from the de- fendants, and have the meats ship) them by the vendors. 1 think the same is true of meat sent to agents, and sold from their stores. The transaction fn such cases, in reality, is between the purchaser and the agents’ principal. The agents represent the prin- cipal at the place where the exchange takes place, bat the transaction, as a com- mercial enfity, includes the principal and includes him as dealing from his place of business. Indeed, the principal could, as a citizen of another state, sue upon the transaction in the federal courts; nor ve 1 any question that if the conditions his case were reversed, so that the invoking the shelter, in- to_escape the ations it would be ‘com- a can umwm.un. it does not follow ‘that 1t outside the body of interstate roe for commerce, interstate as well as domestic, is subject to | the police and taxing power of the state, 50 10ng as the exercise of such power does not interfere with the national govern- ment's exlusive right of regulati Finds llegal Do the facts set forth in the second group- ing fix upon the transaction the character of unlawful combination? The averments aré that the defendants are engaged in an unlawful combination | and tonspiracy under the Sherman act in— | (1) Directing and requiring their purchas- Ing agents at the markets where the live | stock was customarily purchased to refrain from bidding against each other when mak- ing such purchases: () In bidding up, through thelr agents, the price of live stock for a few days at a | time, to induce large shipments, and then ceasing from bids, to obtain the live stock thus shipped at prices much less than it | would bring In the regular w i (3) In agreeing at meetings between them | upon prices to be adopted by all and re- striction upon the quantities of meat | shipped: i (4) In directing and requiring their agents throughout the United States to impose | uniform charges for cartage for delivery, | thereby Increasing to deale d consum-, | ers the charges for such meat: () In moking agreements with the trans- portation companies for rebates and other discriminative rates. | No one can doubt that these averments | state a case of combination. Whether the combination be unlawful or not, depends on whether it is in restrain of trade. The | general meaning of that term is no longer open to inquiry. It has been passed upon carefully by the supreme court in the freight assoclation case and in the traffic case. It Is clear from them that restraint of trade is not dependent upon any consid- eration of reasonableness or unreasonable- ness 6 the combination averred: neither is it 10 be tested by prices that result from the combination. indeed, combination that leads direetly to lower prices to the con- sumer may within the doctrine of these cases, even 'as agalnst the consumer, be restraint of trade; and combination that | leads directly to higher vrices may, as{ against the producer. be restraint of trade. The statute, thus interpreted, has no con- cern with_prices, but looks solely to com- petition, .and to giving competition full play, by making lllegal an effort at restric- tion' Whatever combination has the direct and necessary effect of restricting compe- tition is, within the meaning of the Sher- Mmug act, as now interpreted, restraint of trade. Thus defined, there can be no doubt the sgreement of ‘defendants to refrain from bidding agalust each other for cattle is combinations in restraint of trade: so also their agreement to bid up prices to stimu- late shipments, intending to cease from bidding when the shipments arrive. The same result follows when we turn to | he commission of defendants to fix prices and restrict the quantities of meat shipped o thelr agents or thelr customers. Such | agreements can be nothing leas than re- stramts upon competition and, therefore, combination in restraint of trade. Thus viewed. the petition, as an entirety, makes out & case under the Sherman act Tt may be true that the way of enforcing | any decreg under this petition is beset with dificulties and that a literal enforgement may result In vexatious interference with | defendant’s affairs. But in the inquiry be- | fore me, 1 am not at liberty to stop be- fore such considerations. The Sherman act as interpreted by the supreme court is the law of the land, and to the law, as it stands, both court and people must yleld ob-dience. Demurrer is overruled d the motion for | preliminary injunction granted. The defendants enjolned are: Swift and Company, Cudaby Packing company, Ham- mond Packing company, Armour & Co., Ar- G. H. Hammond company; Schwarzschild & Sulsberger com- pany, Neison Morris & Co. Partners: J. Ogden Armour, P. A. Val- entine, Calvin M. Favorite, Arthur Meeker, Thomas J. Conmors, Charles S. Langdon, Michael Cudshy, Edward A. Cudahy, Pat- rick Cudahy. Albert F.. Boscherdt, Gus- tavus F. Swift, Lewis F, Swift, Lawrence A. Carton, D. Edwin Hartwell, Jesse P. Lyman, Frank B. Vogel, Louls Pfaelzer, William J. Russell, Albert H. Veeder, Henry Veeder, Bdward C. Ewift, Ferdinand Sulz- berger and W. H. Noyes. Sppt———— Rob Savier's Plet ST. PETERSBURG, Feb. entered the cathedral of St night and stole three dlamonds, valued | BAILWAY WILL | stead entry to the land evidently intended for her. A girl ltving in the neighborhood and the child ate the gumdrops &nd became 111 Two physicians were called and have since Ped 10| heen in attendance on the girl and child. CLARK OPPOSES LAWLESSNESS Jowa Cesal Arbitrator Lectures Boston Twentieth Century Club on Strikes. BOSTON. Mass., Feb. 18—A winter se- ries of lectures on esbnomic questions under the ausplees of the Twentleth Cen- tury club, was brought to an sddress gn “Strikes® of Oodar. Repila, o 8 aothracite coal commission. He defended trades unionism and the right to strike tn support of a demand for better conditions. He said, however, that all such conflicts must be conducted with a proper respect for the law. “If organized labor cannot work out its salvation without resorting to uslawful acts,” he declared, “its existence cannot be defendeq.” "BE BUILT Promoter of Transcontinental LI ¥y Whe heme. However, Refuses to s Backin SAN FRANCISCO, Feb. 18.—Walter J. Barnett San Francisco Rallway and Terminal and the Stockton & Beckwith Pass Railroad companies, has returned from the east. When asked if he had conferred with George Gould or any other prominent rail- 7| road men with a view of getting financial backing for a transcontinental project, Mr. Baroett sald: “I am not in a position to deny or affirm any reports as to what I did in the east. Al I will say is that two companies re- cently organized will construct and equip' line of railroad betwcen San Francisco and Oakland and the Beckwith pass, by way of Stockton, Sacramento and Oroville.” BOTTLED HEART IN COURT Gruesome Trophy of Alleged Crime Forms Murder Trial E: dence. CHICAGO, Ill, Feb. 18.—The trial of Jobn A. Nordgren, charged with the pois- oaing of his wite, began today. Among the evidence submitted by the prosecution was the heart of Mrs. Nord- gren, safely stored in a large bottle. The accused_man was visibly affected at the gruesome sight and it was with dif- ficulty that he kept from breaking down completely. CLAIMS FAMOUS WIND CAVE Montans Mam Allexes Homestead Rights to North Dakota Property. Feb. MISSOULA, Mont., 18.—J. D. Me- in North Dakota Many years ago, be says, he filed a bome- but was refused a patent after e had expended many thou- he was offered $200,000 for the cave. SEAMEN LASHED TO DECKS West Indian Terrible Voyage Through Iey Seas Steamer Has NEZW YORK, Feb. 15.—The Atlas liner Alene arrived here from Savanilla and West Indian ports today covered with ice and presenting a battered appearance. The men on the decks were fastemed by being washed overboard FEVER VISITS NEW YORK TOWN Nearly Two Hu 4 Cases are Sald te Be in West Semeca. BUFFALO, N. Y., {eb. 15.—~The town of West Seneca reports eighty cases of ty- one of the incorporators of the | | bers told of other lights that had simila | to investigate the matter, to ascertain if | | over Donald, an 0ld woodhauler, claims that he | is the owner of the celebrated Wind Cave | sand dollars on the ground. He declares | ropes during the trip (o keep them lmml Among all those street sections of the river front district was a request for a plece of Walnut street about seven blocks long out in the southwest part of town. This runs diagonally from Martha street, at about Twenty-sixth northeast to Twen- ty-fourth street, at about Hickory. This was the' only street laid out in all that forty-acre tract described. The railroad company, when asked why it wanted that particular street vacated, said that it was wished to have that forty acres intact, so that manufactures might be put in there. The intention was stated to be to gridiron the rectangle of ground, some four blocks by six, with spur tracks and have a colony of tactories built there. In this connection the @iscussion brought to light another improvement plan hitherts where he remaired until he came to Omaha: He was a member of the house of representatives from Platte county In 1885 and chairman of the judiciary com- mittee. Twenty-elght years ago he was married in Cleveland, O., to a daughter of President Burk of th: Nickleplate rail- way. should be made by this legislature. It is not my desire or purpose, however, to prod the legislators. They know their business, 1 paturally assume, -and © the desire and ability to attend to it.¥ I made my recommendations in my message, yet I shall deem it my place to again lay this matter before them if some action is mot taken within a few days. 1 have had the KILLED BY SWITCH ENGINE Woran Run Down While Engaged in Picking Up Ceal in B, & M. Yards, While picking up bits of coal in the Bur- ling:s yesterday -evening 0 keep & fire in her home, at First and William matter under serious consideration.” Comvention a Mistake. The governor thinks it would be a mis- take for the legislature to provide for & constitutional convention rather than the submission of proposed amendments to be voted oh at the next gemeral election. In explaining his views he said: unknown., That is the extension of Twen- |, ...y Mrs Mary Whinning was struck by | directed to relieve the state of this ty-seventh street, from Martha to Baperoft streots, where It will connect with the tum- nel which the railroads are under contract to build under the tracks there by 1904 That will give another easy inlet and out- let for this territory. Kicks on Gai e Light. J. G. Johnson has been kéeping score on the lamplighter, and he dropped & small bombshell in the meeting by stating lhlll the gasoline light at the corner of Twenty- | fifth and Marcy streets was lighted three | nights in last December, and out of l'o! weeks in November was lighted seven times. At the end of the year he spoke to the lighter about the matter, and since then the light had only gone six nights unlit. The light at Twenty-fifth and Ma- son streets, said Mr. Johoson, had been | conducted in much the same way. This started a furore, and other mem babits of going dark much of the time. T was suggested that the comtracts on the lights in that section expired December 31 | last, and that perhaps there was no kick | coming on them going dark since then. A | committee comprising Ferdinand Haarmann, W. H. Green and R. W. Dyball, was named the city was paying for the lights, and If so why they were not lit and how the gas in- spector was employing his time., Twenty-Fourth Street Grade. On the matter of filling fn Twenty- fourth street south of Leavemworth so that the street rallway company may build on it a line to South Omaha, it was reported that still 100 feet of ihe necessary abutting front foot signatures were lacking, 600 feet having been secured. It was decided to rush the work along, and to secure the rest | by the next meeting next Wednesday night it possible. In this connection old eitizens were called upon for reminiscences of former fights and struggles for improvements of various kinds. In this way the balance of the evenlng was passed, and some very In- teresting stories were told. City Attorney Conmell brought forth some espectally keen tales regarding the fight for the new Bur- lington station, for the grade on Leaven- worth street, for the cutting and filling on South Sixteenth street previous to that, and be even went back to the old contest the cutting and filling on Farnam street necessary to establish the Lresemt grade. FIGURE JUGGLER IS Company's Secretary Books of Firm Which is Since Defunet. AILED Loan Alters TOLEDO, O., Feb. 18.—Frenk E. Brady former secretary of the defunct Imperial | Savings and Loan company of this city, | was found gullty today of altering the com- | pany’s books. Judge J. A. Barber in charging the jury held that Brady's bookkeeper, Miss Mamie | Walsh, was equally responsible, even though | she made the alterations at Brady's imsti- | gation. No action has been taken uunul t sirl. CALLS QUAKER OATS TRUST| team Cereal Stockholder Seeks | to Stay Dividends Due Other Company. AKRON, 0., Feb 15.—M. Otls Hower, & stockholder in the American Cereal company, has filed a suit in the common pleas court. He seeks to have the company enjoined from paying any dividends on the stock of river. The captain and eight of the crew |at 350,000 from the frame of & plcture of | phoid fever and probably more than 100 ad- m-u-’hubymm-rou-u-l the Bavier, : 34 ditional cases mot reported pany, clatming fhat the latter 1s o trust | would have ample time to cross the track | | securing of a more equitable Burlington switeh engine No. 178 and in- stantly killed. Coroner Bratley was called and took charge of the remains. He will hold an inquest, probably this afternoon. Deceased - was the wife of August Whin- | ning, & stone mason, and leaves a 15-year- old daughter by a former marriage and | two small children. She was 40 years of sge and of German birth. The engine | which killed her was in charge of Louis E. Scott of 517 William street. The mccident occurred at about 6:15 as the engine was going south on one of the switch tracks running along the river bank | and under the Unlon Pacific bridge. At a | poiut about balt way between Jomes street and the bridge the engineer saw & woman with a sack of coal on her back, erossing the track. He did not slow\down, as she it she had not slipped on the fce and fallen cross the rails. It was too late to stop, nd the wheels decapitated the fallen woman and dragged her about twelve feet, breaking her arms and mangling her feel At the point of the accident there was a Tow of cars on each of the other ‘tracks, and it is thought that the poor woman, hearing an engine coming, became. con- fused, thinking that she had not room to | stand at the side of the track. PROJECT ALASKAN “RAILWAY Chicage and New York OCapita Will Gridiren Penimsula with Ratls, ts CHICAGO, Feb, 18.—The Western Alaska Construction company of Chicago, which was granted the right of way by the govern. ment, has fled surveys with the Interior department st Washington for the construc- tion of the Council City & Solomon River raiiroad in the Seward peninsula, Alaska. J The company is incorporated under theé laws of New Jersey and capitalized at $1,000,000. Chicago and New York capital- ists are interested and the construction oll the road will be begun early in the spring. | Mr. J. Warren Dickson, general manager of the company, said today: The system will connec: all the principal mineral producing areas. centers of popuia- tion and mining at present known through- | out the Solomon river, Council City, Ophir creek and Nome regions with tidewater at Solomon. Grantley Harbor, Port Clarence and Good Hope, thus gridironing the pe- ninsula. COMMITTEE OF TEN, FRIDAY ™ Constder the Bl for | "t wii he Securiug of Equita- Ble Taxation Members of the tax committee of ten got together yesterday afternoon to canvass | and consider the work it has in hand. It was decided that the committee shall meet again Friday and take up the bill for the | essment of properties belonging to railroads and that | belonging to smaller corporations and pri- | vate concerns. Movements of Ocean Vessels Feb, 18, At New York—Arrived: Menominee, from London: Kron Pring Wilhelm, from Bre- men, Southampton and Cherbourg. Safled: Philadelphla, for Southampton: Germanic, for Live » Rhynland, for Rotterdam. At Hamburg—Arrived: Blucher, from New York. Salled: Herodeth, for Ban Francisco. nothing that would ddd o 1t' But It we called a constitutional convention we would be deviating from this course very widely. It has been estimated, and wisely, I think, that such a convention would cost at least $200,000. Now, when you consider |the amount of this state’s indebtedness, together with the fact that we would not be assured of geiting our comstitution amended even after we Jad expended $200,000 for a constitutional convention, you will see the wisdom for suggesting another course. It is by no means certain that a constitutional convention would re- sult as the people wanted it to. And even it it did, it would require two'years at least to submit the action of the con- vention to the ratification of the voters, so after all we would be taking the most round about and uncertaln course. What we want is prompt actiog. I appreciate the fact that there is a chance involved in a popular election, but I think, if 1 interpret the sentiment of the people aright on this matter of amending the von- stitution, there is ho question but that, properly submitted, it would carry. “Again as to this matter of expenss, it does seem to me, that as we are just now | doing our utmost to perfect a revenue bill that will' provide for relief from this enor- mous state debt, we ought, at least, not to proceed with any plan calculsted to entail further debt upon the state wuntil this revenue leglislation is closed up. “I really think that before any steps are taken to amend the constitution we ought to amend our baliot law, so that we may have some assurance that whes an amend- ment is submitted to the voters they will vote on it. Too often amendments are lost, stmply by default, you may say; voters overlook them. And why? Simply because the amendments are placed at the bottom of the general ticket and the voters, in the majority of cases, do Hot see them untfl it is too late. How many ballots are counted where these amendments have not been voted on! “So 1 would recommend that these ballots be placed at the top of the general ticket, or that & separate ballot be provided for them. In either case the voter would not fail to see and vote on them. Matters of such great importamce as constitutional amendments have no busine being stuck down at the bottom of a general tioket. I hope the legislature will take action in this direction without unmecessary delay.” Amendments that are Neoded As to the most important amendments | the governor sald: “In the first and foremost place, we should provide for enlargement of our eu- preme court. By all means that important body sbould have five members. And the salaries of these five members should, by all means, be raised. Each furist should get $5,000. With five eminent men on our supreme bench at decent salaries like these, we would be assured much better and more satisfactory decisions. The state would be far better off. And while I am on this mat- ter of salaries, I will say that we could, with profit to the state, 8dd to the salaries of the state officers, éspecially the state treasurer. | want to lay particular em- phasis upon that. The state treasurer ought to get'more money than he does. If he was paid a liberal salary it certainly would At Hong Kong—Arrived: Previously, Em- ress of Japan, from Vancouver via ¥oko- Rama, ete; Kores and Ea‘bul‘_ from San Francisco, via Honolulu and Yokohama. At Cape Sparteél—| d: Kaserin Marla Theresia, from New York, via Funchal, for Malta, Ale: iria. etc. At Moville—Arrived: Parisian, from St John, N. B, and Halifax for Liverpool ':;.Ilverpool—AMv.I: Oceanic. from New At Kinsale Head—Passed: Sylvania. from Boston for Queenstown gnd Liverpool At Gibraltar—Arrived. Kalwerln Maria Theresia, trom New York, via Funchal, for have & tendency to inspire the most scrupu- lous integrity. Oftentimes men in public ofice who are underpald are tempted by that very fact to appropriate the state funds to their own use, not mesning to any wrong, but take temporary advantage of the money enfrusted to their care and custody as officers of the law. It ls the duty of the state to correct such conditions. I repest, give the state treasurer & decent salary. And give other state officers more money. uhn.hl-&h-.n’w.