Omaha Daily Bee Newspaper, August 12, 1903, Page 1

ESTABLISHED JUNE 19, 1871. <% Beoures Eatrance Ovn Union Pacific Bridge by Judge Munger's Deoision. HARRIMAN ROAD WILL APPEAL CASE Oourt Oites Ruling in the Rook Island Bnit as Its Preoedent. HOLDS PASSAGE FREE TO ANY RAILROAD Bays Union Pacific Asgumed All of O1d Oompany's Obligations. OPEN BRIDGE DECREED BY CONGRESS Ruotes Act Allowing All Roads Termi- nating on East Side of River to Cross Bridge for Reason- able Compenaation. Judge Munger Tuesday handed down his decision in the case of Great Western against The Union Pacific Rallway com- pany, relative to the former's complaints to use of the bridge and terminale of the de- fendants. The decision in brief is in favor of the Great Western and to the effect that the terminals of the Union Pacific extend on the Nebraska side to Bouth Omaha, and that all trains of all roads have the right to pass over the Union Paeific bridge under the provisions ef the ncts of 1866 and 1871 It is under- stood the Union Pacific will appeal the case, The decision occupies twelve closely typewritten pages and recites essentlally, that by act of congress of date of July i, 1862, the Union Pacific Rallway company was incorporated with the authority to construct rallway lines from a point in Jowa fixed by previous agreement at or mear the western boundary of that state and Nebraska, and points west, between which states runs the Missouri river. In the year 15% a contract was entered 7 into between the Rock Island Rallway company and the Unlon Pacific for the use of the bridge and terminals by the former company and the contract was subse- quently repudiated by the Union Pacific on the ground that it was “ultra vires” and not within the powers of the Union Pacific to enter into, because of the acts authoriz- ing the incorporation and building of the Union Paeific. The Rock Island suits fol- lowed for the enforcement of the contract and it was contended on the part of the Union Pacific that under the reorganization of the Union Pacific prior contracts made with the old company were not binding on *he new. The opinion then goes on to recite the wuccessful termination Of the suit in favor of the Rock Island and the subrequent econtracts between the Union Pacific with the Rock Island, the Chicago, (waukee & St. Paul and the Chicago & Northwestern Railroad com- panies, granting use of the bridge, tracks and terminals, - Grounds of Decision, On behalt of the complainant it is as- 4 led 40 the relief asked, t is by the t tom-' n:t a b::ftlln en! o ween 6 city d‘m ‘nion Pacifio d sliown as by *hat’ls known as the Baunders’ di The Unlon Pacific denies. That under the act of 1871 it was freed by the original fore- closure nrmedl of any obligations to perty acquired thereby of such servi- 4 ofiginally_prevalled and that it s fo contract’ with such rallway com- anles as It may gee fit, and, further, that Pie compiainant has no such rights i the tripartite agreement, as shown in th Saunders’ deed Counsel for the complalnant contends that its right under the act of 1871 to the use of bridge and tracks was adjudicated a pett! ! oc] an 8€. A o e has been go- interpreted by the court of appe what s the proper constru In the Rack Island case i the court of ap- s Judge Banborn and Justice Brewer that the contracts were valld. While Judge Sanborn did not in oxpr nay tlul the first section of the w eabig to the bridge act of 1871, yet a ‘careful f his Opinion Teaves no Gount in my_ A tha uch was the un- rstandin, that cour d was its fnter- vr!llllm act of 1871. When It reached. the Bipreme Court of the United Btates Chiet Justice Fuller e tagk a step in_adva ndol that taken o eourt of als and sal hrw jons of the Pacific rall- old acts la the m over the rl, ts consturcilon and operation implied on the Pacific company the duty of permitting Rock Island to run its emgines. cars, terma , over the bridge and tracks between ('oum.‘!l Bluffs and Omaha and we think to South It e u owever, with much force and pl that lhl uoted utterance of the Chi ustice Is m authority, but “dieta” merely. Holdings of the Court. rst—The ooun held that the contract vfl one proper to be made under the com- o law Tight (n contract. at the contract was authorized nder the bridge act of 1871, that act em- Pracing the first section of {he act of 1866. The question as to whether the Unfon Pacific could be required agaiust its will to en! into a contract with another rall- road company for the use of its bridge and tracks was not before the court. The first section of the act of 1866 say: sthat all traine or raliroads termisating at sald river or at the opposite side o aid_point shall be allowed to cross said t dge for a Feasonable compensation. etc.” rovision 'is mandatory and s lnfonl le against the Union ific, and that all roads shall be treated allke and is equally mandatory against the res- pondent. Under the mortgage provision of the act of 1864 the Unlon Pacific was empowered 10 lssue its bonds and mortgage each section of the road to an amount not ex- ceeding the bonds of the United States. Such bonds and mor! were to be a Lien prior and superior L6 that of (he United Btates. This mortgage was given prior o the act of 1871, prior to the construotion of the bridge and prior to the mortgage ven on_the bridge as empowered by the t of I§7.. Tt was therefore held by the respondents that such mortgage and in- terests of the hglnrl of the bonds received thereby was no! @ could not be affected by the aok of 1871 €t - guired by foreaa iy e er "o the ereunder to the w company and could not be affected. This court holds that the right to erect bridge was not dependent on the act of . o right to secure the means with Which to erect the bridge by mor was dependent on that act. The provigions of the act were accepted, as evidenced by the mortgage given upon the bridge. ' The raliroad was burdened with additional con- ditions, including the first section of the act of 1566, A decree will be entered for the complain- ant. Counsel for the company will pre- pare a draft of decree, submit the same to counsel for the respondent, and the same may be presented o the court on Thurs- day, August 13, at 10 o'clock &. m., when objeotions will be heard as to the form of the decree. POOL ROOM OFTEN RAIDED Fortress for Elghty-Elghth Thuae NEW YORK, Aug. 11.—The alleged pool room conducted by “The” Allen in Sixth street was ralded topight for the elghth- tighth time, according to the count kept by the police. The place was heavily fogtified with iron bars at all the doors and windows GRE“WESTERNWNS ALIENS DANGER TO BRITAIN [TREATY APPEARS DOOMED Royal Commission Sugmests V Supervision of Immigratiol el & Barred Distriet LONDON, Aug. 11.—The report of the royal commission on allen immigration is tssued today. It recommends that the im- migration of certain classes of allens into the United Kingdom be subjected to state control and proposes a number of regu- lations and the establishment of & depart- ment of immigration. The specific recommendations are similar in many respects to the provisions of the United States immigration law except that no educational requirement is proposed. In some directions the regulations are more stringent than those imposed in America, The “undesirable’ classes men- tioned in the report includes prostitutes, lunatics, convicted criminals and anyone who Is in danger of becoming a public charge, Provision is made for the deportation of immigrants who may be proved to be undesirable within two vears of their land- ing and the vessel importing them will be compelled to repasriate them without com- pensation. The, mosed medical inspec- tion is similars %%, 10 the United States. The penalty foiy g false dates to immigration inspe sportation. The v immigration depart. = specity cer- tain over-populated « 4% . prohibited territory for fresh im In the case of the conviction oL igrant for felony or misdemeanor t. may include deportation as part o tence. MALTA, CRETE, ITALY SHAKE Earthquake Shock is Attributed to “en- MALTA, Aug. 11.—A violent shock of earthquake, lasting a minute, was felt here this morning. LONDON, Aug. 11.—A dispatch from Candla, Crete, says an earthquake oc- curred there at 6 this morning, and that its Quration was 32 seconds. There were no casualties ROME, Aug. 12—An earthquake having the region of Mount Actna as a center was felt today throughout Sicily and southern Italy and to a smaller degree in central Italy. Little damage was done, although in the zone of greatest intensity the move- ment lasted two minutcs. The Flume Caldo, a stream near Mount Aetna became turbid and the temperature of the water rose to 2 _degrees. Mount Vesuvius is again in eruption, its present activity being considered to be con- nected with the earthquake shock. ATHENS, Greece, Aug. 11.—Three slight earthquake shocks occurred here at 6 this morning. Three villages on the isle of Cythera were almost entirely destroyed. The earthquake was general throughout Greece, but no fatalities have been re- ported. SWEAR CRAWFORDS EXIST Humberts Call Witn Who Say ’l“" ..vc Seen lrllmn ‘Men, PARIS, Aug. 11.—The Humbert trial was resumed today. M. Parmentier, the lawyer who used to fepresent the Crawford brothers in their buits, wers cxamined and sald Henry Crawford engaged him in Oc- tober, 139, as his lawyer. Henry told him that one of his relatives dled at Nice, leav- ing the bulk of his fortune to Madame Humbert, but a second will was discovered changing the disposition of the inheritance. M. Parmentier gave details of the com- plicated litigation, mainteining his belief that the Crawford brothers actually ex- isted. Mme. Therese frequently interrupted, denying certain of M. Parmentler's state- ments. Several other witnesses called also said they had seen the Crawfords. Le Compte, a ballifr, testified that he had served papers on the two brothers, Henry and Robert, saying that they did not resemble Romain and Emile Dauragnac, Mme. Humbert's brothers. He stoutly resisted the view of the court that members of the Humbert family had impersonated the Crawfords. FEVER SPREADS IN MEXICO Monterey Attacked, While Position at Orizaba Grows, Worse, Merida, However, is Hopeful, LAREDO, Tex., Aug. 11.—The quarantine officlals have been advised by many trav- elers that yellow fever exists in Mon- terey. Dr. D. J. Hamllton of the United States marine service has received orders from Washington to make an investiga- tion MEXICO CITY, Mex., Aug. 11.—The yel- low fever is abating in Merida, and fears of an epidemic are dissipated. ORIZABA, Mex., Aug. 11.—The yellow fever instead of diminishing here is in- creasing, even in the surrounding villages. REBELS BLOW UP A BRIDGE with Tark- ish Soldiers Desert. SOFIA, Bulga Aug. 11.—~The In- surgents have blown up a bridge of sixty yards near Giovgyoli, on the Baloncla Us- kub rallway. CONSTANTINOPLE, Aug. 1L—It is ru- mored here that the Turkish troops in Macedonia have become so demoralized by their failure to, receive pay that hun- dreds are deserting and selling their rifies to insurgents in order to obtain provisions. OFFERS BRITAIN RECIPROCITY New Zealand Proposes to Increase Tariff to Force England’ Hand, WELLINGTON, N Aug. 11.—The budget presented to Parllament shows that it is proposed to charge an increased duty on certain articles for manutacture in order to allow Great Britain to respond if it thinks fit to do so. King Bestows Honors. LONDON, Aug. 11L.—A large number of promotions and appointments to the Royal Victorian order In connection with the king's recent visit to Ireland are gazetted tonight. They include Lord Londonderry and Lord Dudley as Kalghts of the Grand Cross, and Lord Charles Beresford, the Rt. Hon, Horace Curzon Plunket, Sir Anthony Patrick McDonnell and & number of Irish officlals as knights commander. Thirty- seven officers of the army, navy, Irish constabulary and police are made com- manders of the fourth or fifth class. Only Seven Oolmbml Benators Favor Oanal to Beventesn Opposing POLITICS SOLE HOPE OF RATIFICATION Friends of Ditch Trust Opponents ‘Will Force Senate to Divide on Party Lines and So Save Prot PANAMA, Aug. 11.—The last news from Bogota s not favorable to the ratification of the canal treaty. A correspondent writes that seven sen- ators favor and seventeen oppose ratifica- tion and that unless some radical change occurs soon all efforts to secure its rati- fication will fal, | The friends of the canal hope ex-Presi- dent Caro, one of the leaders of the opposi- tion and an opponent to the treaty, may again drag the matter into politics In the bellef that this will compel the senate, when the vote is reached, to divide on the lines of support or opposition to the gov- ernment, Senator Perez Y Soto, an enemy of the Herran for negotiating it, has published in his paper, the Constitutional, a bitter ar- ralgnment of the Panama people who favor the treaty. —— WHIPPED TO SAVE HONOR Woman Prisoner Rejects Ward, Advances, Who Then Flogs Her Severely. MILLEDGEVILLE, Va., Aug. 1l.—Miss Mamie Decris told the Prison Commission that Warden Allgood of the state prison farm had flogged her because she rejected indecent proposals he made to her. “At first I was treated just as though a member of the Allgood family,” she de- clared. “Then this man made his propo- sals to me. I ecorned him. From that moment his treatment changed to cruelty impossible to describe. “About June 1 Captain Allgood and I were alono in an upper prison room. He caught hold of me and tried to caress me. I pulled away from him and told him not to dare touch me. He told me that if I ever repeated what he had done or sald he would make it hot for me. (He told me he could whip me. He did “He made me lle acroés the bed. Ho then whipped me with the leather strap. 1 was spared the humillation of being compelled to remove all my clothin Her testimony was corroborated in all its sensational features by other prisoners. The other side of the case has not been reached yet, but Captain Allgood today stated that the charge is absolutely Zalse. “She had become unmanageable and inso- lent to my wife,”” he said, “and her exam- ple was destructive .of discipline. I whipped her only after the prison physi- clan pronounced her cendition good. The punishment was mild. 8he was not hurt.” MAN_FORGETS HIS OWN NAME Away from Home and Loses Memory for Four Months. POUGHKEEPSIE, N. Y, Aug. 1.-—A stranger who had been stopping at the Morgan house since Saturday suffering from complete loss of memory as to his own identity was tonight identified as Dr. Harry P. Cate, proprietor of a sanitarium in Lakewood, N. J., who disappeared on April 2l On that day he went to New York with several thousand dollars and from that time all trace of him was lost. Since then he hag been wandering and his face and hands are bronzed by the weather. His clothes are good and he says he has been buying new clothing whenever neces- sary. Ho says that the only places he can remember being in were St. Louls end Kansas City, although he has traveled, he says, threugh a great many places. 8. 8. Taylor of Lakewood, a friend, read the description of the man at the Morgan house this morning and notified John G. ‘Wilson of Newburg, Dr. Cate's brother- in-law, and Mr. and Mrs. Wilkinson came here tonight and ldentified him. Dr. Cate apparently did not recognize them and he says he cannot remember anything about them. He declares that the name “Lake- wood'' suggests nothing to him. He re- members overything that has happened since Saturday, but his memory is prac- tically a blank on all before that day. ——— KNOX GOES TO OYSTER BAY Attorney Gemeral Consults with the President About the Glove Contract. OYSTER BAY, L. L, Aug. 1l.—Attorney General Knox arrived here today from New York, where he has been for two days in conference with leading republicans and financiers. He was driven directly to Sag- amore Hil. The announcement is made that the attorney general came to discuss departmental affairs with the president. One of these matters is the Litteaur-Lyon glove contract case, one phase of which was referred by Secretary Root to the at- torney general with a view of having the Department of Justice recover if possible certain sums of money paid by the govern- ment under the glove contract. Bishop O'Gorman of Sloux Falls, 8. D., called on the president this afternoon to pay his respects. He has known Mr Roosevelt a long time, and, being in the east, embraced the opportunity to visit him The president today tendered to Charles P. McClellan of Westchester county, N. Y. a membership on the General Board of | Appraisers. Mr. McClellan is a democrat and a member of the state senate. The appointment is to take place on October 1. The appointment carries with it a salary of §7,000. CITIZENS AND MINERS JAILED Protective Lei GEORGETOWN, Colo., Aug. 11.—~The war- rants issued against memvers of the Idaho Springs Citizens' Protective league were served today on forty-seven members of the league and the persons served were arrested and brought before Judge Owers in this city. After a brief hearing they | were placed under bonds to keep the peace and notified to hold themselves in readiness to appear before Judge Owers on notice Fourteen of the eighteen miners driven from Idaho Springs returned from Denver today. Five of them were arrested charged with complicity in blowing up the Sun and Moon transformer house treaty who in June viclously attacked Mr. | THE OMAHA DAILY BEE. — OMAHA, WEDNESDAY MORNING, AUGUST 12, 1903—-TEN PAGES. SINGLE COPY THREE CENTS. MACHEN READY FOR TRIAL Lawyer Declares Postal Suspect Wil Not Flee United States, WASHINGTON, Aug. 1l.—-The persistent rumors that August W. Machen, under indictment for various alleged offenses in connection with postal contracts, had left or contemplated leaving the jurisdiction of the United States to avoid trial, were de- nied tonight by Cenrad H. Symme, soclate counsel for Machen. Mr. Symme sald Machen hag left Wash- ington temporarily to attend to purely personal business and added that on the day of his departure the district attorney was advised of the fact and Machen's arraignment was postponed. Mr. Symme declares that Machen will have concluded his business in a week or 80 and will come to Washington ready to stand trial whenever the time Is.set. With the exception of the testimony of two witnesses, it is bélloved at the War department that there will be no further investigation of the Lyon glove contract. Judge Advocate General Davis, In his review of the report of Colonel Garlington, inspector general, recom- mends that the testimony of Rev. T. G. Thomson, executor of the es- tate of Willlam Topp and of H. T. Pat- terson, the representatives of the Wana- maker firm, who were absent when the inspector was making his investigation, be taken, saying that “their testimony is of importance in conneetion with the state- ments of Timothy and Willlam Keck.” All the papers, including the testimony, have been sent to the Department of Justice. T0O0 BUSY TO TALK POLITICS Colonel Hepburn Says lowa Farmers Will Take that Subject Up Later. (From a Staft Correspondent.) WASHINGTON, Aug. 11.—(Special Tele- gram.)—Colonel Peta Hepburn of lowa fs in Washington on matters relating to con- demnation prozeedings now in progress to ecquire title to property upon which the new office bullding for the house of repre- sentatives 's to be erected. Colonel Hep- burn said today that, polities out his way is a forgotten incldent In view of the busy times among farmers. About October 1, the colonel said, there would be a good deal doing toward getting out a blg repub- lican vote for Gevernor Cummins and the whole ticket. He sald everything was har- monlous In Iowa republicanism, and an old-time republican majority would be rolled up. John Crawford has been appointed post- master at Norwood, Lucas county, la., vice T, W. Nelson, resigned. John G. Groenveld fs appointed regular and Louis Grundie substitute rural car- rier at Lea, 8. D. Reserve agents approved: National Bank of Commerce of St, s, for First Na- tional of Tama, Ia.: 'National Shoe & Leather Bank of New York, for Wayne National of Wayne, ‘The ocorporate tional Bank of . extended untll August. e .5 e anater Soroihata” has adl admitted to practice before the Interior department. HURRICANE MENACES FLORIDA Storm Sweeps Indies mnd is Now Lost Along America; Shores, WASHINGTON, Aug. 11.—The hurri- cane which yesterday passed over San Domingo and Martinique is probably ap- proaching the south Cuban coast with in- dications of recurving, but at what angle the weather bureau officlals are unable to say. A report from Havana at 7 tonight says the wind was blowing thirty-six miles an hour from the east. The hurricane will probably continue fn its course northward, somewhere cloge to the Florida peninsula. Hurricane warnings have been sent to points from Port Eads on the gulf coast 'round the Florida coast up as far as Jupiter. The storm was central this morning at Kingston, Jamaica. TRIES TO INTIMIDATE SOLONS Kentucky Governor Called in M1 GEORGETOWN, K Aug. 1L.—In the Powers trial today John A. Black, a banker at Barbourville, Powers' old home, sald Powers told him the purpose of bringing armed men to Frankfort was to intimidate the legislature. in the gubernatorial con- test. Stlas Jones of Willlamsburg, member of the Mountain army, sald Governor Taylor asked him why he did not come armed and that he might as well go home. Sherift Suter of Frankfort told of Tay- lor's use of militla to prevent the arrest of Caleb Powers, CONVICT HUNT ABANDONED Sherift Gives Up Ohase of Folsom Fugitives Whose Trail i Lost. SACRAMENTO, Cal, Aug. 11.—Sherift Reese has practically abandoned the hunt for the escaped convicts who are known to have been in thie city last Friday, although since then all trace of them has been lost. The five convicts fleeing through the Cor. | ral Flat country are believed to have es- | caped to the Devil's Basin region, a rocky and heavily-timbered section, affording good shelter and protection, SUGAR TRUST REACHES OUT Halt ¥e Interest in H Michigan cern. -1 Comn- r BAGINAW, Mich., Aug. 11.—A deal was consumed here today whereby the Amer- ican Sugar Refining company of New York has acquired a one-half Interest in the Val- ley Sugar factory, one of the largest in the Saginaw valley. The company is capitalized it $500,000. SAY TOWN IS BLOWN AWAY Tel Storm Which Injures Many, POND CREEK, Okla., Aug. 11.—A report reached here this afternoon by telephone that Balt Fork, all town southeast of here, was blown & One man is reported Itlll-d and several in- Jured. Does Not Want to Head the Grand Army of the Republic. FAVORS GENERAL BLACK FOR THE PLACE Late Lieutenant ;::nl of the United States Army Given a d Recep- t1on by 0O1d Friends and Com- rades at Omaha Depot. The second section of the Chicago & Northwestern train, to which was attached the speclal car No. 408, conveying General Nelson A. Miles and party, arrived in Omaha about 4 o'clock yesterday afternoon. Those constituting the party were General Miles, General Nathan Church, Ithica, Mich.; Major John D. Black, Valley City, 8. D.; General Join 8. McEwen, Albany, N. ¥.; Major Alexander Sweeney, Steuben- ville, O.; General G. W. Baird, U. 8. A, Washington, D. C.; Lieutenant Colonel M. P. Maus, U. 8. A, and Colonel H. H. Adams of New York City, bers of General Miles' since the civil war. The party left Chicago at 10:3 Monday night and had a delightful trip through Ili- nols and lowa. The weather was all that could be desired and the first rain they en- countered was when nearing Council all former mem- staff during and Bluffs. All along the route from daybreak yesterday until their arrival here the dis- tingulshed party was greeted with en- thusiastic crowds at the depots, and Gen- eral Miles responded to the frequent calls for his appearance on the rear platform of the car. A considerable party of old vet- erans were present at the Council Bluffs depot to see the general, but the greatest throng of the entire trip welcomed them here in Omaha. Not a Candidate. “I am not a candidate for the office of commander-in-chiet of the Grand Army of the Republic,” sald General Miles. "“On the contrary, I shall second the nomination of General John C. Black. General Black is a fine representative of the old soldiers and s entitled to the honor. The Grand Army was created for the common soldier and not for the professional. At any rate, I have had honor enough in the military line and have no ambition further in that direction. “The Grand Army of the Republic is very dear to me. 1 was active In its organiza- tion, assisting General John A. Logan. In 1868, when I was In command of a district in South Carolina, during the reconstruc- tion days, I organized Barbara Freltsche post and was for a long time one of the comrades of that post. I have since had my membership transferred to Lafayette post of the New York department, and there it now is. You must not think that I do not appreclate the distinction of being commander-in-chief, for 1 do. T think it Is the highest honor that can come to an old soldier., Danger in the Far East. My recent trip to the Philippines con- vinced me that it is a mistake to hold on to the fslands. Conditions there are not such as are favorable to American coloni- . The isluns ave deusely” pupuiuted and the population is congested to a degree that is hard for the Americane not tamiliar with the situation to understand. Aside from the expense and inconvenience of the sitv tion, the matter involyes a policy that is, 1 think, against our best Interests. We are forced Into a position alongside of Rus- sla at a point where we would be stronger 1f we had the whole Pacific ocean between us. Russia is certain to dominate the Asiatic coast of the Pacific, just as we dominate the American coast. In event of war growing out of the complications due to Russian and other Buropean maneuvers in China and Japan, our position in the Philippines forces us to take part. Russia is friendly to the United States and Is anxious to remain on friendly terms with us, We have a chance to build up a fine trade with Russia and it is unwise to jeo- pardize this copmerce for tha sake of what the Philippine archipelago will bring to us. The possession of the islands is not likely to bring with it any positive advantage to the United States and they will always be a menace to peace and a source of expendi- ture even with peace assured. hina §s the bone of contention just now and the United States is likely to be drawn into the war that seéms certain to grow from the present situation. Momories of the Southwest. “I enjoyed my recent visit to the Indlan Territory very much. I nad a grand ride Dbetween Forts Reno and Stil, but the roads are not nearly as good as they were in the old days when we could cut across the country. Now they follow section lines a in Towa, and !f a bluft intervenes, why thy road takes directly over It. o he expedition against the Southern Cheyennes in 187475 lay in tne country to the west of Fort Bill, and I rem@mber it very well. 1 might add to the recent article in The Bee, relative to that expedition, that the Jerman girls compietely recovered from their privations and were restored to | thelr friends, and I have since learned that they are all doing well, and I belleve all are yct living.” General Miles was in undress uniform, with no insignin of his former rank. He wore a black military hat, with a gold cord about it, and on his breast was the stmple Grand Army badge. He has aged some- what since his last appearance in Omaha, but 1s still hale and vigorous and maintains his usual erect soldierly bearing Hg was sincerely pleased with his greet- ing In Omaha. Those first to meet him on the car were Major Gemeral J. C. Bates, Colonel Gerard, Lieutenant Colonels J. C. Hull, D. H. Brush, Majore E. J. McCler- nand, W. H. Bean, Captains Cook and Lud- ington and Lieutenant VanLeer Wills, all | of the Department of the Missour! headquar- ters, and several officers of the Twenty- second infantry from Fort Crook. Upon leaving the ear he was met by Governor J. H. Mickey, Adjutant General J. A. Cul- ver and Colonels Bills, Menck and Thomas of the governor's staff, Messrs. E. M. Bart- lett, B. Rosewater and other leading Omaha citizens. Reception to Geme The Twenty-second Infantry band from Fort Crook was at the depot as the train | pulled in and greeted “Hall to the Chlef" the general with and otner selections, Fully 2000 people were assembled at the union station, and a8 it was quite impos- sible for General Miles to greet them at the car steps he was escorted to the main waiting room, where an Informal reception was held, the general shaking hands with the throng as they filed by him. Returning to tha car, another throng sembled and Insisted on seeing him again, and one workman called out, “Come out General, and let us poor folks shake hands with you.” He responded and again wa the handshaking episode repeated, men, women and children crowding up to grasp his hand. The Miles party had with them (Continue on Second Page) for Nebraska—Showers Wednes- and Warmer in Bastern Portion; Thursday Fair and Warmer Temperature at Omaha Yesterday: Hour, Deg. Hour. Dex. [ . 60 a7 .o . o2 . 68 . 64 . 63 .o GROCERS READY FOR PICNIC Pull Off Their Ann Outing L day and Expect Great Throng. Last night the retail grocers and butch- ers held a final meeting and made the last of thelr arrangements for the pienic to be held at Missouri Valley on Thursday. Sure tace indications point to an attendance of at Jeast 4,000, and it is quitely likely that this number will be exceeded consider- ably. Reports from Missouri Valley as- sured the grocers that the rain of yester- day had not affected the pienic grounds, and that everything up there is in as Kood condition as is possible. Today the siren whistle of the Bemis Omaha Bag comp: will emit {ts mu- sical shriek to notify the good housewlves of the city that they must lay in two days provender, for there will be no cpportunity to purchase provisions of any sort in Omaha on Thursday. Rvery retall gro- cery and meat market in the city will be {closed up tighter than wax, and South Omaha will be in the same fix. The pack- ers have rotified the grocers that the wholesale meat markets will be closed on Thursday, the commission men will close up, the dairymen will sell no milk, and the market gardeners will leave their truck untouched in the ground. Trains will begin leaving the Union de- pot over the Chicago & Northwestern rail- way for the picnic grounds at 7:30 o'clock on Thursday morning, and wili run at con- venfent ‘ntervals as long as any one re- mains to be hauled, It is impossible to say now how many sectlons there will be, but ample accommoda‘ions for all will be provided. On the return everybody will be back In Omaha before midnight. REDMEN ELECT NEW OFFICERS Order of State Holds Conventlon and Makes I. A. Baker Great Suchem, The state convention of the Improved Order 6f Redmen adjourned Tuesday after- noon at b o'olock after electing officers for the ensuing year as follows: Great sachem, I A. Baker of York; great senlor sagu- mere, Frank Gamerl of Nebraska City; great junior sagamore, H. L. Duke of Routh Omaha; great prophet, Frank Brown »f Omana; great chiet of records, 8. J. Dennis of Lincoln; great keeper of wam- Fred Beaulleu of Valls City; great A. J. Althaus of Omaha; great mishinewa, C. Jensen of Hastings; great of the wigwam, C. A, RBollins of o Atrbn‘, great guard of the forest, J. Jung- heimer of Bterling. The state convention was in session but | one day and the morning was devoted to recelving rTeports from officers which showed that the order s in a prosperous condition. About seventy-five delegates were present. During the day the Daughters of Poco- hontas of the local tribes held a picnic at Courtland Beach with the wives of dele- gates to the convention as guests. In the evening the delegates went to the beach, where a banquet was served. SHERIFFS’ MEETING PUT OFF Interstate Convention Postpouned One Day Because of Small Attend- mnce of Delegntes. At 3 o'clock Tuesday afternoon, the time fixed for the meeting of the convention of the Interstate Sherifts' association, there was not a quorum present, so the first ses- sion was deferred until this morning at 10 o'clock. Through some misunderstanding the sec- retary of the association did not send out the notices of this convention and the members are not present in the numbers expected. The sessions will be held in court room No. 1 at the court house. NOTORIOUS THUG AT LARGE Flees for Hole-in-the Wall Prisoner | B! from Asylum and BLACKFOOT, 1da., Aug. 11.—Bob Meeks, a notorious criminal and member of the Hole-in-the-Wall gang, serving a sentence of thirty-five years for bank robbery at { Montpelier, 1daho, who was recently trans- ferred to the insane asylum at this place has escaped. He is pupposed to be heading dircctly for his oMd rendezvous, and it is belleved Is be- ing helped by his former assoclates. MORE COLORADO MINES CLOSE Twenty-Seven Hundred Men Are Now Out and May Have Left Distriet, CRIPPLE CREEK, Colo., Aug. 11.—Prac- tically all the mines in this aistrict except those operated by the Woods Investment company are now closed The number of miners un strike s esti- mated at 2700. Hundreds of miners are leaving the camp for other localities. Movements of Ocean Vessels Aug. 11, At New York—Arrived: Bremen, from Bremen; Mesaba, from _London ord America, from Genoa and Palermos. Salled: Kron Prinz Wilheim. for Bremen, ete.: Georgic, for Liverpool. At " Queenstown-—Arrived trom Philadelphia, ceeded Glasgow—Arrived York; Samaritan, London—Arrived York Liyerpo Montreal; Baxonia, Westernland, for Liverpool and pro- Mongolian, from Boston. Minneapolis, from from ~Arrived: Dominion, from e, from Portland. 'Balled: via Queenstown. At Hremel rrived: Kaiser Wilhelm der Grosse, from New York At Moville—Arrived: Anchoria, from New York. At Naples—8alled: Vancouver, Bos- Bristol—Satled: Hibernian, Mon- for for Antwerp—Arrived: Crookand, from Lizard—Passed for Plymouth, Pretoria, from Cherbourg and Francisco—Arrived: Ahol, from Hong kunf W. H. Dumond, from Hono- lulu; Kalulani, from Honolulu; Dunderald, from Newcastle, Australia; Nebraskan, from Honolulu; Falls of Clyde. from Hilo Alameda, from Honolulu: j D. 8preckel from Guam; Glenul, from Newcastle, Au tralla; Curacoa, from Guaymas; Archei om ' Honolulu; Nevadan, from Honolulu! Y Hamburg. At Ban ROOT WILL STEP OUT Intends to Hand Prasident His Resignation Before Bailing for London. TAFT NAMED AS NEW WAR SECRETARY Washington Gossips Deolare Successor Has Been Unofficially Decided. CHANGE PROBABLY COMES IN DECEMBER Bootevelt Will Wait Till Congress Meets Before Acting. FAMILY REASONS CAUSE OF WITHDRAWAL Department Has Settled Many Mattew= of Importance and Now Chief's Advisor Seeks Private Lite Once More, WASHINGTON, Aug. ll—Before Secrds tary Root sails for London to sit with the Alaskan commission he will place his resig- mation in the President's hands in order that a secretary of war may be appointed it necessary during his absence. It is expected, however, that the resigna- tion will not be acted on until after eon- gress meets. The appointment of Mr, Root's successor will depend somewhat on the length of time he is cngaged on the Alaskan boundary commission. It has been known for some time that Secretary Root intended to retire, but he did not wish to leave the dcpartment until the general staff was in cperation. It is understood that the matter of his successor has been discussed, and while not officlally announced, it is thought the position will be tendered to Governor Taft. While Secretary Root is in London he will remain in communication with the War department and matters pertaining to staff and other matters will be referred to him. If the sittings of the Alaskan com- inission cxtend beyond December 1, it is likely the secretary's resighation will be accepted at that time. It is believed here that there will be much delay in the consideration of the Alaskan boundary case and that the United States commissioners may be cetalned in London several months, Secretary Root's Gecigion to leave public life i3 based largely on personal grounds. His family does not lke the. life in Washe lugton and the refretary also desires to retvrn to his law practice in New York. Many questions, relative principally te the islands and the establishment of & gov- ernment in Cuba, have been settled during Secretary Root's administration. The re- organization of the army under the general staff plan is now under way and the secre- tary feels he has accomplished the work he was called on to do when he became secro- tary of wa Wil Stay THI January. OYSTER BAY, N. Y., Aug 11.—Elihu Root will resign as secretary of war, the resignation to take effect about January 1. mm,u-—mnl. mt‘-\w miscarry, by governor of m m ‘When Mr. Roosevelt became presient Mr. Root expressed his desire to leave the cabinet within a year, but his friendship for the president, and his interest in pend- Ing questions before the department, caused him to remain for a jonger period. Even now he has not ind¥ated just when he may leave the cabinet, but hy and the president have discussed the queat! eral times and have a mutual understand- ing. It fs not thought the secretary will present his resignation Fefore he leaves for England to take up the work of the Alaskan Boundary Commission. He has not presented his resignation yet, and has not informed the president when he will present it. That Governor Taft will be Mr. Root' successor there can be little doubt. He is famillar with many of the problems which the secretary of way will have to meet and solve; he Is & warm personal friend of the president, who has an abiding confidence in him; and it is understood he would welcome the change involved. Of course, his appointment as secretary of war would necessitate a new president for the Philippine Commission. In all * probability General Luke Wright would succeed to the presidency of the commis- slon, ASSESSMENT IS PERMANENT Printers Will Continue to Pay Five Cents Per Month for De- Fund, WASHINGTON, Aug. 1L.—When the dele- gates to the International Typographical union met today the report of the commit- tee on laws was presented. Among the changes recommended was a suggestion to make permanent the monthly assessment of 6 cents per capita for a defense fund, as provided by the Los Angeles convention. The suggestion aroused considerable de- bate, but ultimately was adopted. There was also considerable discussion of a proposition by the local unions to iz the time allowed to apprentices to learn the use of type-setting machipes at three months. A substitute, providing that no one who is not a member of the order ehall be permitted to learn the use of ma- chines in union offices, was lost—72 to B A proposition to make the time for learn- 7 ing the machine six months was also voted | down. The report of the committee on this | proposition was then adopted. KAW RIVER RISES HIGHER Argentine Lowlands Are Flooded, but Serious Disaster Secems Averte KANSAS CITY, Aug. 11—The Kansas river has risen over three feet in twenty- four hours, overflowing the lowlands at North Argentine and threatening the pile bridges erected after the great May flood, The river will have to rise fifteen feet, how- ever, before affecting Argentine proper. The water began to fall at Lawrence, | Kan., today and a fall here is looked for before another twelve hours passes. BOOM HEARST FOR PRESIDENT Trades © Newspaper Own hlef Ex mells as Natio, tive. DENVER, Aug. 1L—The convention of the National Bullding ecounclls today adopted a resolution endorsing W. R. Hearst as candidate for president of the United States and W. 5. Waudby of Roch- ester, N. Y., as the appointee for United States labor commissioner on the petire ment of Carroll D. Wright,