Omaha Daily Bee Newspaper, November 24, 1903, Page 1

THE OMAHA DAILY BEE. ESTABLISHED JUNE RIOTING IN CHICAGO Attempt to Start State Street Osr LW _' Precipitates Much Trouble. STONES ARE PILED ON SEVERAL TRACKS Dotermined Effort iy Made to Disable th 0.ble Car Lines. SHOTS FIRED 8Y POLICEMAN AND CREW One Man Believed to Have Been 8bot Dur- ing Frac BLISS AND DARROW STiLL CONFER Lacter Snys am Agreement Has Been Renched Which Both Sides Accept Without Stultifying Themnelves. CHICAGO, Nov, 23.—While preparations were being completed for the opening of the State street cable line, not heretofore operated during the strike of employes the Chicago City rallway, rioters engaged In putung cars out of vommission before the cars were started running. An effort was also made to blockade Ar- cher avenue, where It was apparently be- licved cars would be run today as a result on of the State street line opening. Quantities of | rocks were found to have been wedged and dumped on the tracks. Police were ® tloned only at street intersections, except where trouble was thought most likely to occur. Fewer policemen were detailed to rie on the cars teday than “during last week, Serious Rioting. A serious riot occurred at Forty-first and State streets when the trains arrived at that point. Muny shots were fired by the polige and one man is belleved to have been hit by a bujlet, while several were knocked down by the officers. The cars encountered obstacles all along the line. After removing spikes from the cable slots at Fifty-seventh and Sixty-first streets, the first train was blocked at Forty-first street by iron ralle placed across the tracks. The police began to remove the obstacles when from behind a fence came a volley of stones. The police charged the rioters with revolvers drawn. A run- ning Aight then ensued, In which the police fired upon the mob. By this time a crowd had collected about the cars and an- other charge by the police was made upon them before the obstructidn could be re- moved. At Twenty-ninth street another mob blocked the cars and thrpw stones. The police charged, beating mdny persons se- verely with their clubs. Five trains were put in operation on the State street cable line, which movement was made while the board of directors of the railway company were busy formu- Mating an answer to the latest proposition of the strikers. More trouble was encountered by the State street cable trains on the return trip ear Forty-second street. While the trains were fown {own the mob systematically choked the cable slot with stones and scrap iron and blockaded the tracks with heavy steel ratls. Hundreds of men, women and boys then awaited the return of the police with stones ready to heave at the trains. Men and women were reported to have been knocked down in their own doorways. Sccres of rioters and bystanders were wounded by the clubs of the police. Conductor Shoots at Mob. During the thick of the fight at Forty- first stréet Mrs. Charles Litt, a passenger on the first car, jumped from the car and, braving the revolver shots and all sorts of missiles, ran thoroughly frightened to a place of safety. Windows had been broken near where she sat, and her face was cut by glass. Conductor J. J. Prenter, in charge of the first car, drew a blg magu- zine revolver and fired shot after shot into the fléeing mob until his weapon was empty. At Thirty-ninth street the police resorted to strategy and drove a crowd of men into a saloon. Then they surrounded e bullding and aliowed no one to leave Wntil the trains had proceeded. Bhortly after 3 p. m. Attorneys Bliss and Darrow left Mayor Harrison's office, where they had been in conference for over an hour. To interviewers after the conference Mayor Harrison and Attorney Darrow expressed themselves hopefully of & quick settlement, the mayor even men- tioning tomorrow as the time when the strikers might be back at work. Attor- new Darrow sald that it was now “only a question of phraseology.” Attorney Darrow sald an agreement had been reached which both men and com- pany could accept without stultifying themselves. The agreement so far as ar- ranged, Mr. Darrow sald, provides for a day of not more than eleven hours and not less than nine a day’s work, to be completad In not to exceed fifteen hours' time. It further provides that the wage schedule shall be arbitrated and that all men on strike who have not committed deeds of violence shall be taken back by the company. Trouble at Tanmery. Two nonunion men who « had ap- plied for work at the plant of the American Hide and Leather company, where & strike is on, were soverely wounded by two strike sympathizers today. The men who did the shooting escaped. It is sald that they were being attacked by the crowd. Two men, Joseph Placehesky and Anton Zimmersky, are suspected by the police of having done the shooting. They formerly belonged to the union and left it to seek work in the tannery. They were turned away by the foreman and as they left the ylace were set upon by a crowd of rioters. The men opened fire and two of thelr assail- ants fell to the ground. The rest broke and ran while the nonunion men made their encape. Looks Brighter at Pittaburg, PITTSBURG, Nov. 28.—The grievances of the street car men against the Pittsburg Rallway company have about all been ad- justed. Reain Orr, national treasurer, who came here from headquarters at Detroit 10 take cherge of affairs, says that the company s disposed to show the men fair treatment and ull talk of striking has been abandoned. STROMBOLI CAUSES TROUBLE winent Disturbances. NEW YORK, Nov. 2.—Telegram from Catonly, report that series of lound ex- plosions and throwing out of Incandescen matter show that the aotivity of Stromboli - ;\w& savs & Hers' dispatch from 19, 1871, OMAHA, TUESDAY MORNING, NOVEMBER 24, 1903—TWELVE PAGES. Attempt to Compromise Falls and lombardment Wust Now Continue Until City Falls, QOMINGO, Republic of San T Nov. President Wos y arts to bring about a peace- | S t with the insurgent fore | which aR Bug this city, today com rssioned Antes Minister Powell, the HBelglafigofiedr, the minister of Haytl and thé§ S8iish consul to vieit the ! { insurgent camp. nsequently an armistice | { was agreed upon, to expire at noon, and the peace commission eonferred with the | | insurgent leaders. The latter, however, fused to entertaln the peace proposals and | demianded the surrender of the eity, but they prolonged the armistice until § o'clock this evening, after which hour the bom- burdment of 8an Domingo was resumed and { will be continued until the capital falls. The United States minister's residence {was destroyed during the previous bom- bardment The inhabitants state of panic. The Itallan third-class and the Dutch armored { have arrived The Dominfcan warship Presidente went | to Azua de Compostelu, about sixty miles | from here last night. The sanitary condi- | tion of S8an Domingo is good, but the poor | are suffering from want of food. The price | | of provisions is very high {RUSSIA THREATENS COREA | Cear Says That Hermit Minister of i Kingdom Must Not Open | Yongampho. of this city are in a crutser crulser Ligunia Derulter LONDON, Nov. #.—~The Dally Mail's To- | | kio correspondent says that the Ruselan | minister at Seoul has addressed another | note to the Corean government declaring | that If Corea should ignore all warnings and persist in opening Yongampho to for- eign trade Russia will take active steps to deal with the situation. e Corean | governmant has replied, strongly objecting to Russia’s Interference as a violation of Corea’s soverelgn rights. A communica- tion to the same effect, according to the correspondent, was sent to the Japanese minister at Seoul The questions arising from the affray be- tween Japanese and Russians at Chemulpo have not been settled yet, adds the corre- spondent. WIND TEARS STEAMER LOOSE Mighty Deutchland fa Set Adrift at Hamburg by the Stiff Storm Saturday. BERLIN, Nov. %.—The high winds which have been sweeping over Germany for twenty-four hours, accompanied by a heavy rainfall, cintinue to delay traffic and in- terrupt telegraphic communication and have caused several raliroad accidents. At one point the wind started several freight cars which were on a switch, their #peed accelerated and finally they ran onto the main line and collided with an express train. No one was badly hurt. The Hamburg-American line steamer Deutschiand during the storm on SaturGay tore out the piling to which it was moored while' unloading at Hamburg and went adrift. The mooring chatn and the pile struck the vessel and broke a plate for- ward. It is now at Cuxhaven and will go to Kiel or Stettin for repairs. KAISER RECOGNIZES PANAMA Directs the Ger Authorities Give New Republic Recognition at Once. BERLIN, Nov., 3.—Emperor Willilam has directed the German authorities to offi- clally recognize the Republic of Panama. Announcement of the recognition of the new state is expected dally. Nothing has been arranged for the em- peror's vacation in a warmer climate. He has simply sald that after Christmas he | wishes to go south for a while. It is con- sidered likely that he will go yachting in the Mediterranean, 7 Lord Lonsdale has arrived here on a visit to Emperor Willlam. A royal carriage was sent to the station to meet him. He stated that he Is not the bearer of a letter from ¥ing Bdward, but has simply come on a private visit on the invitation of the em- peror. THREE YACHTS FIRST COMPETE Clyde Sportsmen Plan to Put Design- ers in Competition Before Com- Ink Over Here. , GLASGOW, Nov. 28.—The reported Inten- tlon of Clyde yachtsmen to chalienge for the America’s cup was today confirmed by the Giasgow Herald. The paper adds: ““The latest suggestion on the subject, which is favorably received, is that Measrs. Coates, Clark and Donaldson should head three separate syndicates and have three yachts designed respectively by Watson, Fife and Mylno, the yachts to be raced throughout the summer and the best one to be selected to challenge in 1906." SULTAN SAID TO HAVE CANCER Slek Man of E e May Be Doomed, but Declines to Risk an Operation. NEW YORK, Nov. 2.—The sultan of Turkey, frequently alleged to be {Il from one disease or another, s now alleged by the Vienna correspondent of the Herald | to be suffering from cancer of the intestines He is sald to have refused to undergo an operation aly's Rulers Return PISA; Italy, Nov. %.—King Victor Em- manuel and Queen Helena arrived here to- day on their return from their visit to the | king and queen of England and proceeded to the royal residence at Rossmore. FOLK ABANDONS PROSECUTION Has ¥ ment of Emi we MeDonald Nolle Indiet- Relsenbarg, Once Sentenced for Boodling. i ST. LOUIS, Nov. #.—The against Emil M. Relsenburg, tenced to three years' conviction of bribery in connection with the suburban franchiss deal, was nolie- prossed by Judge McDonald today, on mo- tion of Cireuft Attorney Folk. The circuit attorney's action marks the abandonment of the prosecution. | JEFFERSON CITY, Mo., Nov. 2.—On ap- plication of Prosecuting Attorney R, P. Stone, who is under indictment on a charge | of accepting bribe money, Judge Hagell to- day granted a change of venue. The case will g0 betore a special judge, who will be selecied. Prejudice was alleged by the de- fondant, indictment | once sen- imprisonment on | the person of the prefect of propaganda, | Cardinal | vesterday by Judge Henry Bis | Bugar Refning company has Poofect of Oatholic Propaganda Lectures Oonfreres on the Bubject. SOME CARDINALS HAVE OTHER OPINIONS Matter Brought Up at Meeting Yester- day, but it Seems That the Leak Has Not Been Stopped. ,~When the cardinals ngregation of the propa- they received a sharp have at thelr head !n ROME, Nov. composing the ¢ ganda met today, reminder that they Cardinal Gotti, a churchman of clearly defined and strong opinions. Those present at the meeting were Cardinals Agllardi- Vannutelll, Steinhuber, Segua, Plerottl, Cassctta, Martinelll, Satolll, Mathive, De 14 Wolpe and Gootl. The cardinal prefect fn his opening ad- dress referred most earnestly to the bad impression on both the pontiff and him- welf by the recelpt of remonstrances from apostolic delegations and from cardinals abroad against the publication of decisions of the propaganda before they had been Informed of these decisions and even be- fore the decisions had been ratified by the pontiff. This matter had gone =o far, sald Gottl, that the results of the meetings of the propaganda were known in the United States cven before the meet- ings of the cardinals had been actually concluded. Continuing Cardinal Gott! sald he had in the strongest manner called to the at- tention of all the clerks in attendance on the congregation of the propaganda that it was thelr duty to obsc:ve the most com- plete secrecy and he wished to recommend the same course, not only to the secre- taries, Mgrs. Vaccia and Savelll, but even to the members of the sacred college them- selves, although he added that he did not | suppose for a moment that any of them would condescend to lower their dignity action contrary to the spirit of the law relating to the affairs of the propa- ganda. Some Believe in Publicity. Several cardinals greeted the speech of the prefect by saying “Good, good,” while others considered the speech inopportune. Theee llatter thought that no damage could be done to the interests of the church by the publications of which the cardinal pre- fect complained, as iU was known that, while the decisions of the propaganda were not valld until ratified by the pope, it was pointed out that the decislons of the congregation were rarely rejected by the pope. Some of the cardinals expreased the opin- fon that it would be assuming too much in these days of wireless telegraphy to hold that the announcements of appoint- ments made by the congregation could be lelsurely given by mail after going through 80 many hands. One cardinal jointed out that #he cardinal prefect evidently had not considered the fact that in the matter of time, Rome was six hours in advance of New York. The congregation next discussed the ap- potntment of weveral blshops. and erch- bishops, ineluding & wuccessor to the lute Archbishop Katzer of Milwaukee, Wis. It | is reported tnat the cengregation decided to propose to the pope for the latter posi- tion the name of Bishop Messmer of Green Bay, Wis, but this report could not be verified. KANSAS CITY KICKING HARD Committee Enroute to St. Paul Bear- ing Threat Against Great Western. KANSAS CITY, Mo, Nov. 23.—(Special Telegram.)—Commissioner Trickett of the! Transportation bureau, Chairman Parker | of the Board of Trade Transportation com- | mittee and other members of this commit- tee left tonight for St. Paul to meet P. C. Stohr, traffic manager of the Great West- ern rallway, tomorrow and present a. threat of boycott of his line by Kansas City ine dustries unless the Maple Leaf forthwith grants Kansas City grain dealers a propors tional rate to Minneapolis equal to the | one President Stickney has declared for Omaha. Stohr offered to compromise with Kansas | City by making the reduction in the Omaha proportional apply only to grain originat- ing in Nebraska. The grain men refuse to | accept that as a settlement. They do not think it could be enforced legally and if it could they do not propose to be cut out of the Nebraska grain without a fight. They made the appointment to meet him tomorrow to say that Kansas City must have the same rate as Omaha ODELL TO SEE THE PRESIDENT Goes to Washington at Chief Executive Not Talk. nvitation of da Wi NEW YORK, Nov. 25.—Governor Odell arrived here tonight en route to Washing- ton, where he is to see President Roose- velt. He left the city at midnight. When asked If he would give the reasons for his trip to Washington, Governor Odell sald: “I received an invitation yesterday from the president asking my presence In Wash- ington.” He declined to say whether it was a pri- vate matter or official business that was taking him to the capitol. DANIEL FROHMAN IS MARRIED ston, Whe Wil Japanese e Com NEW YORK, Nov. 2.—Announcement was made today that Daniel Frohman and Margaret Illingt who is playing the leading part in “A Japanese Nightingale" at Daly's theater, were quietly married hoff of the Miss lllington will con- tiue in the ‘Jipanese Nightingale” until the conclusion of her contract with Klaw & Erlanger, when she will retire from the stage. T0 SELL SUGAR DIFFERENTLY America supreme court Company mees New System or Code of Price Makin An- » NEW YORK, Nov. —The American nnounced a change In its selling terms and reduced the list prices 16 cents per 100 pounds for all grades, making standard granulated 485c. This price is net, less 1 per cent for cash In seven days, and 6 cents per 100 pounds from involce. No further discounts or gratuities are allowed, thus eliminating the 10 ceuts per 100 pounds formerly iu force and making the net cost unchanged. | tachment REYES USES GENTLER WORDS|SUNMERS TALKS WITH KNOX He Who Talked of War on Friday Pays Prett on Compliment day, WASHINGTON, 2 —Rear Admiral Coghlan, commandef of the Caribbean squndron, cables the Navy department from Colon, under date of November 2I, that General Reyes, the special commissioner of the Bogota government, tenders his sin- cers thanks to President Roosevelt and Becretary Root for his graclous treatment at Colon by our naval forces. Admiral Coghlan confirms the press dispatches that General Reyes has départed for Washing- ton via Port Limon for a conference with Dr. Amidor, a membet of the Panama com- mission, and others i the United States. Before his departure he informed Admiral Coghlan that the Panama government had | cabled Dr. Amidor of his arrival. Admiral Coghlan further states that General Reyes expects tc make amicable r the speclal commissioner of Panama now in Washington. The Navy department also has received a cablegram from Rear Admiral Glass, com. mander-in-chlef of the Pacific squadron, from Panama, under date of November 21 stating that the conference of General Reyes and the authorities of Panama was without result and that General Reyes had sailed for the United States. It fs helleved here that aside from a proposition for Pan- ama to assume a portion of the Colombian debt General Reyes mission is to advance the proposition that the capital of Colombia be transferred to the city of Panama. This is equivalent to the annexation of Colombia by Panama. The Dp*mn in official circles here is that though flattering, the proposi- tion will be rejected by the Panama com- missions. f COLON, Nov. 22.—A decres was lssued at Cartagena November 16 setting forth that no steamers shall be allowed to clear from Cartagena for Colon or enter Cartagena coming from Colon. All the forelgn con- suls and steamship agents at Cartagena have protested, without effect, agalnst the decree. PERRY WAIVES PRELIMINARY Former Mayor of Grand Raplds Slides His Bribery Case on to the Supreme Court. GRAND RAPIDS, Mich., Nov. 2. Mayor George R. Perry, charged by Lant K Salsbury with bribery while the Gar- man-Cameron water deal was in progress, waived examination In police court today and was bound over to the supreme court for trial. Perry furnished bail in the amount of $5,00. Alderman Ryan has pleaded gullty to the charge of having received $3% as a bribe from Lant K. Salsbury for his assistance in pushing the water deal, Schriver wus | arrgigned in the superior court today and | after pleading guilty was remanded for ' sentence. It is expected that sentence will be deferred, as Schriver will be 4 witness | for the state in the other prosecutfons, He has already told the prosecuting attor- ney what he knows of the deal. In addi- tion to the confessions of Aldermen | Eehriver and Ghysels several other alder- men have confessed to, their share in the deal and are 1o _become state's witnesses, Thely womestare nét yet known, however. ® Schriver i¢ to appear December 12 for sentence. His story differs from Salsbury's confes:ion, . that he says he reo.ived $125, while Salsbury says he was given $30. It Gevelops that Salsbury was to have re-| celved $125,000 cash when the deal was put | through end that he was to have been given $100,000 in bonds of the water com- | pany which was to have been formed. NEELY CANNOT HAVE CASH/ United States Judge Uses Severe Lan- guage in Holding Against Him, NEW YORK, Nov. 23.—Judge Lacombe, in the United States circuit, today handed down an opinfon overruling the motion | made by Charles F. W. Neely, convicted in Cuba of appropriating $45,37 of its pos- tal funds while acting as director of finances of the postoffice in Cuba, to va- | cate the attachment filed by the United States against $20,000 cash bail deposited by Neely with the registrar of the United States court In this district. Neely's coun- sel had moved the dismissal of the at- and civil proceeding on the | ground that the act \of amnesty passed | by the Cuban congress in May, 1902, | whereby all Americans convicted of crime in Cuba during the occupancy of the is- land were pardoned, removed with it all penalties and disabliities and that the money therefore be returned to him. The United States, which brought the action prior to the passage of the amnesty | act, contended that the money so deposited | properly belonged to Cuba, from which government the defendant had embezzled it In his opinion Judge Lacombe says: “It is difficult to understand by what process of reasoning & provision as plain as this amnesty act can be so construed as to tranafer the title to property from the true owner to the thief who stole it."" COTTON MILLS ARE CUTTING Promised Reduction Made and Many M Aftected. in Wages in s Are ¢ ! BOSTON, Nov The first of the | numerous reductions in wages announced | in the cotton mills of southern New Eng- | land states and a dozen points outside of | that territory went into effect in all but | one Fall River corporation toduy and at| a number of outside mills, Although about 2,00 operatives had been cut down, no general strike occurred In any mill. To- day's cut ‘averages 10 per cent and places the pay schedules on a basis with those pald here previous to the advance of March, 1802 The reduction affected seveniy-eight mills in Fall River operating nearly 25,000 hands and about a score of corporations elsewhere in New England, employing about 7000 operatives. The Fall River Tron works, operating four cloth mills, will cut down wages next Monday and on that day | also nearly all Rhode Island and Con- necticut manufacturers will adopt the lower schedule. A cut in New Bedford will go into effect in two weeks. ZEIGLER'S CASE UP MONDAY At That Time will ernor of New York Hear Application for Remowvrl ALBANY, N. Y.. Nov. Z.—Governor Odell today announced for Monday, November 30. @ hearing ups the extradition of Willlam Zeigler of New York, for whom the gov ernor of Missourl has made requisition Zeigler has been indicted in Cole county, Missouri, upon charges of having supplied 31,60 with which to bribe members of the Missourl legislature in certain baking pow: der legislation. fons with | { benefit by the changes announced in the Neither Willing to Give Out Anything Whioh Phssed Between Them. MORE CANDIDATES FOR FEDERAL PLACES One Entry for Marshalship Two Additional Ones for Omaha Postmantership—Senatorial Committee Plnces. (From a Staft Correspondent.) WASHINGTON, Nov. 23 —(Special gram.)—This District Summers' day in Washington. Senator Dietrich the important | | place tn the public eye but positions have shifted and bringing an indictment ag senator Tele- Attorney Last week | has been occupled the man who succeeded in nst Nebraska's | 1s now in evidence. Today Mr. Summers had a prolonged conference with | Attorney Ge The result of that confer geners eral Knox nce Mr. Summers and the attorney known. From a | friend closely assoclated with Mr. Summers it Iy learned Mr. Summers, in addition to going over with an attorney general the evidence presented to the grand jury in the Dietrich Indictment purposes while here to securo coples of the bond of Jacob | Fisher, the lease on the present postoffice | bullding at Hastings and letters referring to the change of the postoffice site from the Grand Army of the Republic hall to the building the government now occuples in Hastings, Mr. Summers tonight stated that present conditions precluded any utterance from him; that he wad padlocked but he hoped to get through with his business at Wash- ington and leave for Omaha tomorrow night. He was the guest of Senator Mil- lard at dinner this evening. refused to make No Agreement on Judge. The lowa delegation after four fruitless ballots today to determine a successor to Judge Shiras adfourned till tomorrow at 8 o'clock. Present conditions seem to in- dicate that there is a deadlock among the keven members of the lowa delegation, upon whom devolves the selection and It is just possible no agreement will be reached until the regular sesslon of cc gress. When the southern delegation of Towa had a choice of a district judge de- volving upon them it is said that they bal- loted for ten weeks, finally compromising upon the present district judge, Smith Mc- Pherson of Red Oak who was then a rep- resentative in congress. Candldates for Federal Plums. Senator Millard has recelved endorse- ments for John J. Thompson of Iincoln as a candidate for United States marshall for the district of Nebraska. Two other names have been added to Senator Millard's list of candidates for/ postmaster at Omaha. Willlam Wallace and D. T. Mount, these making eleven or twelve candidates for the position? As'an appointment 1s not due for the Omaha postoffice until the middle of December Senator Millard stated today that he possibly would not take up the Successor to present postmaster, Joseph Crow, until after the Christmas holdays, and as for the successor to the present United States marshall for the district of Nebraska he thought that the matter could well afford to rest until his colleague would have a chance to participate in the selec- tlon, South Dakotans Favored. The South Dakota delegation saw the president this morning, on matters relating | to state patronage, but so far as could be ascertained, nothing was agreed upon. | In this connection it is interesting to note that both the South Dakota senators in- creased not only their committee assign- ments in the senate, but were given more advanced chairmanships, Senator Gamble golng to the head of the Transportation committee, and being assigned to a place on the very important committee of the District of Columbia, while Senator Kit- tridge goes to the head of that on patents and is given one or two minor places In ad- ditlon to retaining his present position on interoceanic canals, which is changed rom a minority to a majority committee, with Senator Hanna at its head. Changes for Nebrask: Senators Dletrich and Millard do not makeup of committees. Senator Dietrich | retains his old committee to Investigate | trespassers on Indlan lands, while Senator | Millard retains the chairmanship of “The Potomac Flats committee” as it is face- tiously called by his colleagues. Senator Dietrich goes off the coast defense com- mittee without gaining any other position, while Senator Millard goes off the Missis- sippi River Improvements and Revolution- ary Claims and is given a place on the ! committee to audit und control the con- tingent expenses of the ser The Towa senators retain the same com- mittees which they held in the Fifty-sev enth congress, Allison at the head of the Appointments and Dolllver chalrman of the Pacific rallroads. Senators Warren and | Clark, of Wyoming, retain their same com- | mittee chairmanships, the former of claims | and the latter raliroads, but Senator Clark goes to the committee on Indian af- | falrs in place of Clapp of Minnesota | | on Charges Against Sammis, Charges agalust J. U. Sammis, cdllector of internal revenue for the north distriet of lowa, wherein he 18 charged with hav- ing exacted money from & deputy collectc to pay the salary of another deputy col- | lector, has gone to the president for f consideration, Secretary Shaw walving the right to pass on the matter by reason of the fact that Mr. Sammis comes from his | home state. It is expected he will shortly | decide whether Mr. Sammis is gullty or | not. Additional time has been allowed the collector to flle supplemental statements in controvention to the afdavits made by his former depuly. Postal Matters. | Rural carriers appointed today: Ne- braska, Malmo, regular, Detlef Arpf; sub- stitute, Bernhard Pagler. lowa, Blockton, regular, John C. Whitten; substitute, Trin- nie Whitten. Rural routes ordered established January | 2 Nebrasks, Elba, Howard county, one | route; area covered, thirty-five are | miles; population, 616 lowa, Mount Ster- ling, Van Buren county, two routes; area | covered, forty-two square miles; populs tion, 1,265 Soldier, Monona county, two | routes; area, fifty-four square miles; pop- ulation, 1,010 lowa postmasters appointed: Nevinvillee, Adams county, e Schwab, vice A. T. | Joy, resigned; Thayer, Union county, | Ralph Bishop, vice R. J. Wilson, resigned The application of J. H. Moorehead « Falls City, John Holt, B. F. Morgan, Wii- Mam Uhlig, J. H. Miles and others to or- ganize the National bank of Humboldc Humboldt, Neb.. with 30000 capital, been approved by the comptroller of has the Jourrency, | Page, Willlam L. Haskin, Charles W. | James M. | James W. Relily, Edwin B. Atwood, Frank | Willls Sweet, | Canes CONDITION OF THE WEATHER Forecast for Nebraska Tuesday Wednesday Fair and Temperature at Omaha yesterdny: Hour. Deg. Hour. Dex. 5 a. .. 1 pom . 6 n 2 " e a [ 5 “ = » » > v ». : ces B8 OFF Leave GO TO OPEN LUCIN CUT Ofticinix Omaha in Spec of Harriman System 'rain tor he West, A . speciai Union Pacif newspaper n t ot ying Southern and als and a small party of will leave Omaha Tuesday at the Union Pacific for Ogden, where the Ogden-Lucin cut-off wili be formally opened, The t n will consist of eight ca the party these: President H. n n of the Southern Paclfic and head the Harriman system, and party from Ni York; President H. G. Burt und party of the Unfon Pacific, Including G ral Traf- fle Manager J. A. Monroe, General, Pas- senger Agent B. L. Lomax, Chief Engineer J. B. Berry, General Solicitor W. R. Kelly, D. O. Clark, swperintendent of the nion Paciflo Coal company; President J Earling and party of the Milwaukee; Sec ond Vice President J. A. Harahan and party of the Illinois Central; J. C. Stubbs, traffic director of the enti Harriman sys- tem, and party of traffic officlals from Chi- cago; General Manager G. W. Holdrege and party of the Burlington & Missouri River; Alfred Darlow, advertising agent for the Unlon Pac with a small party of spe- clal press representatives, embracing the Omaha papers, and such other officlals of the Harriman western lines as may join the party at the lake The train will be a special and will be run through at a rapid speed. The dedica- tlon of the new short line, which crosses the rat Balt lake, measures a distance of 1025 miles, and clips off just forty-threo miles from the circuit, will take place at noon Thursday and be made an occasion of Thanksgiving. A golden spike will be driven as a means of uniting the old and new lines and the officlals will drive this spike. COMMITTEE MUST GO TO CUBA Investigantion of General Wood Grows to Proportions Necesiitating Such Action. over e and Harrl ot WASHINGTON, Nov. 23.—~The senate com- mittes on military affairs will designate a subcommittee to go to Cuba to take testi- mony regarding the conduct of General Wood. The personnel of the committee has not yet been agreed upon, nor the number of members. It is asserted that so much has already been sald about the conduct of General Wood In Cuba that it will be necessary to examine witnesses in that island, who cannot come to the United States. - The cammittec on military afiairs today continued the investigation of charges agalhst General Leonard Wood. The committee adjourned until Friday. Captain Bardeéns testimony had no im- portant bearing on the charges. Favorable action was taken on the re- quest of Major Rathbone for the issue of subpoenas for army officers and permission was given him to prepare a list, with staté- ments as to what he expected to prove by each. It was determined this evening that in order to save time, a subcommittee would meet tomorrow morning in order to con- tinue the Investigation. g - SENATE C&NFIR_MS OFFICERS Two Hawailians and Many Army Of- ficers Meet with Its Avprovoal. WASHINGTON, N day in executive 23,—The senate to- sslon confirmed the fol- lowing nominations: George R. Carter, Honolulu, Hawail to be governor of Ha- wall; Sanford B. Dole, Hawall, district judge of the territory of Hawall Other confirmations were: Brigadier Generals: Jared A. Smith, Jae- ob B. Rawles, Stephen W. Groesbeck. John R. Myrick, Louls H. Rucker, Theodore Baldwin, Willlam P. Rogers, Peter C, Haines, ' Charles A. ' Woodruff, John H. Miner Sanno, Charles F. Robe, G. Smith, ‘George B, Rodney, Wells, Péter J.A. Cleary, Consuls: Thomas J. Cummins, New York, Puerto Cabello, Venezueln; Lee Berg: holz. New York at Three Rivers, Que Martin B, Sackett, New York, at Prescott, On dward K. J. Sullivan, New York, at geroum, Turkey: David N. Wilbur w York, at Barbadoes; W. H. Bachter, New York, at Niagara Fallé, Ont; Dean R Wood, New York, at Celba, Honduras; 1daho, attorney’ general at Porto Rico; Frank §. Ingalls, surveyor Ofces: general of Arizona. Receiv, of Lond Willlam B. Hodge, Jr.. at Guthrie, O. T, Towa—F. W. Wilson, Ot- Blk Cit; Almond B. John B, Bab- Postmasters: tumwa Kansas—Richard L. 0. C. Billings, Marion. ntana—0. H. Drake. Choteau rth Dakota—H. R. Aslakson, Bdmore. ATTORNEY WILL BE TRIED Agninst Will Be Tried Befo Sudges Next Year. Musson, Prosecutor e Two JEFFERSON CITY, Mo., Nov. cult Judge Hazell today set the cases agalnst Prosecuting Attorney Stome for hearing, two of them before Judge Lon- gan of the Pettis county circult court on January ¢ and the other two cases before Judge Davis, of Saline county cireuit court on February &. Judge Longan will try one case of al- leged bribery and one case of alleged fl- legal acceptance of fee and Judge Davis will try one case of alleged Illegal ceptance of fee and alleged acceptance raflroad pass, FILIPINC WOMAN MAY ANSWER Suit for Diverce by Army Officer in Held Up In Kan. - 2.—Cir- of WORTH, Kas, Nov rst Lieutenant Sulney LEAV suit of ~The Vasquez, a Filipino womun alleged fraudulent marriage today as was expected. It to annul an was sald to- ight that the case weuld not be tried until | | after the F ipine woman had ¢ the affair and was giver to make @ defense. The twenty days lowed by the Kansas luw in a divorce suit has expired and It was expected that a decree would be secured by defuult ample time limit @ notice SINGLE COPY Burbank of | the Sixth infantry against Mrs. Conception | was not taken | A sy have in the REVENUELAWFAULTY Two Supreme Oourt Oommissioners Deoidl Act is Ocnstitutional. INSURANCE TAXATION THE FATAL FLAW Otherwise Fair to Taxpayers and Wel Adapted to Purpose, COMMISSIONER KIRKPATRICK DISSENTS Submits an Opinion Differing Vitally from that of Duffie, ACTION DOES NOT CLOSE THE CASE At Fiest Sitting of the Supreme Court Proper in December Arguments Wil Be Made Rased on the Opinton. (From a Staft Correspondent.) LINCOLN, Nov. 28.—(Speclal)—The rev- enue law epacted by the late legislature has run the gauntlet of the supreme court commisston and so far as the valldity of the law as a whole is concerned it stands. The ‘insurance sections, however, by two of the commissioners was declared void and of no effect. Three opinions were filed, the orlginal by Commissioner Duffle d claring the law unconstitutional because of the invalldity of the insurance sec- dons, béing the basls from which Com- missioners Kirkpatrick and Letton dis- sented. The latter followed the reasoning of Judge Duffio in finding the insurance section bad, but held that because of this the law in {ts entirety was not unconstl- tutional. Commissioner Kirkpatrick held that the law In its every section was con- stitutional, The result of this, as volced by several well known legal authorities, will be, should the supreme court find with the ma- Jority of the commissioners, that the old law will prevall insofar as the taxation of insurance companies s concerne The matter came ' before the commis- sloners in two mandamus cases flied by Ralph P. Breckenridge and H. H. Palmer of Omaha, who sought to compel Tax Commissioner Fleming to enforce the old revenue law, declaring that the new one was unconstitutional. The matter was of such importance that the supreme ocourt appointed the above commissioners to hear argument in the case, after which the court proper will hear argument by the attorneys, based on the opinions filed, on December 1. The commissioners, after agreelng upon a general idea of reasoning, selected Com- missioner Duffie to write the opinion, Judge Duffie reported Saturday afternoon, but the other two commissioners failed to agres with him and the matter was delayed un- til this afternoon. The insurance sections are: Insurance Section Declured Vold, Section 8. Bach and e fire insurance company organiged under the laws of any other state or (‘mmlr¥ and busi- heau in' thin state, SHAT: be. (he county, town, city, village and scl dis- trict where the agent conducts the business, upon the gross amount of premiums re. celved by it for insurance written upon property within_the 'state during the pre- ceding year. Buch gross Tecelpts to be taken as an item of property of that value and to be assessed and taxed on the same pereentage of such value aa other property. The agent shall render the.list and be per- sonally liable for the tax. 1f he refuses to render the list or to make amdavit that the same s correct, the amount may be valued and assessed according to the best informa- tion of the assessor: Seotlon 59. Kvery Iie insurance and acel- dent insurance, or life and aceident Insur- ance company organized under the laws of any other state or country and transacting business in Nebraska, except fraternal ben- eficiary associations and such mutual com- R:ma as operate on the assessment plan, ave no capital stock and make no divi: Gends and whose scheme of insurance does not contemplate the return of any percent- age of earnings or profits to policy holders. shall, ot the time of making the annual statement as required by law, pay into the state treasury 2 per cent 0? the gross amount of premiums received by It during the preceding calendar year for business done in this state, including all insurance upon the lives of 'persons residing in the state, whether such Insurance was written during such preceding year or prior thereto. At the time of paying sald taxes such com- panies shall take duplicate. Section 60. Every surety company organ- 1zed under the laws of any state or count other than the state of Nebraska, ani transacting business in this state, 'shall, during the month of January of each year, make out and flle with the state auditor an itemized statement verified by the president or vice president and secretary, showing in detall the grosy recelpts trom ‘all businets transacted in this state during the preced- ing calendar year, including the groms pre; miums on all surety bonds or obligations of every kind, and shall at the same time pay into the state treasury as a tax on suc business, 3 per cent of such gross receipts. certliicate shall be ssued by the auditor to y surety company or agent thereof, authorizing it to do or continue business in this state while any such percentage or tax remains due and vnpaid, Section 61. Every life, fire or accldent in- surance company, OF Surety company, or- anized under the laws of this state, except fraternal benefictary assoclations and mu tual companics that operate on the assess- ment plan, have no capital stock and make no dividends, and whose scheme of insur- ance does not contemplate the return of percentage of earnings or profits to olicy holders, shall be taxed in the county, Town, city, village and school district where the agent conducts the business upon the oss_amount of premfums recelved by it or all Nebraska bustmess done within the state durlng the preceding calendar vesr, less amount of eame ceded to other compu- nfes as reinsurance through regularly au- thorized agents in this state and less pre- miums returned on canceled policfes. Such KToss receipts, less reinsurance and cancel- ations shall be taken as an item of prop- erty of that value and be assessed and ed on the same percentage of such value s other property. The agent shall render the list and be personally liable for the tax. If he refuse to render the list, or make afMdavit that the declared vold same is correct, the {amount may be valued and assessed accord- ing to the best information of the assessor. The opinions follow: Holds the Law Valld. The opinion of Commissioner Kirkpatrick is as follows The length of time that I feel justified in withholding the opinfon of Mr, Commis- sloner Duffie is such that | can only briefly outline my views of the maferiai secions pnsidered. 1 concur in nis cpinion in all parts except so far as he holds sections 58, 59, 60 and 61 invalid, and that such sec- tions' were an inducement to the passage of the act and that the entre &6l must for that reason be held unconstitutical. Mr. Commissioner Duffie in his opinion pre- sents (wo objections, each of which is of great force; and yet | am 70t prepared to Say that they are of such control.ing force and importance as to render the entire measure unconstitutional and Inopsrative. first objection is that while section 8, that every fire Insurance comy or- ganized under the laws of any other state or country deing business in this state shall be taxed in the coksty, city, school distr.ct, in which the agent does business, upon gross premiums collected by it for the previous vears as an ilem of property. very imany other Insurance compkples do Dusiness, or, at least. are permitied to do business in the state without being sube to taxation upon thelr Eross pre- s as an item of value. Among this of companies are suggested plate tornado, live stock, and other com- It is not contended that ahy of mpaiies last mertioned will under provisions of the act escape taxation upon any tangible property wl they . elther or pere class Klass, panies. the o the