Omaha Daily Bee Newspaper, December 24, 1909, Page 1

THE OMAHA BEE & clean, rellable newspaper that is admitted to each and every home. - THE OMAHA' DAILY BEE ~ s VOL. XXXIX-—NO. WEATHER FORECAST. For Nebraska-——Raln or snow. For lowa—Rain or snow. For weather report see page 2. 146. OMAHA, FRIDAY MORNING, DECEMBER 24, 1 909—-TWELVE PAGES. A"ORMAL NOTICE SENTTO MADRIZ Secretary Knox Will Hold Zelaya's Successor Responsible for Safety of Americans, CONSUL ASKED State Department Asks for Basis of Apprehension of Danger. TO REPORT MARCH ON MANAGUA NEXT Belicved Estrada Will Begin Move- ment to Take Capital. SORROW TEMPERS THE ELATION Dluefields Hospitals- Filled Wounded and Navy 8 Are Kept Busy—War on Madris Government. with econs WASHINGTON, Dee. 23—Secretary Knox has glven formal notice to President Mad- iz of Nicaragun that the United States government will hold him strictly account- able for the safety of American citizens In the western section of that country. Instruetions to this effect were sent to the United States consul at fanagua, with directions to immediately inform the Mana- guan authorities of tlie attitude of this government, and the consul was also al- rected to report what basis there was for apprehension of troublé on the part of the Amerlgan residents in that part of the country, and especlally at Granada. A telegram was recelved at the State Department today from Admiral Kimball, In command of the United States war ves- sels now In Corinto harbor, stating that the commandant of the port of Corinto had made a eall on board his flagship, but that the commandant was not saluted. Admiral Kimbail also noted the arrival in that harbor of the Mexican gunboat General Guerrera. The State Department Is in something of a quandary as to what has become of the small army, approximating 1,000 men, he- longing to the government forces, which at last accounts held possession of (icey- town. This section of the army was % til recently commanded by General Tuledo, who lately was reported as having arrived at Managua. The report recefyed yeste day from Captain Shipley of the Des Noines at Bluefields stated that the de- feat and surrender of the Zelayan forces at Rama disposes of practically all armed resistance to Estrada on the east coast. Whether the Greytown contingent had pro- viously joined the Zelayan forces at Rama 18 in doubt. If not, It is assumed that an- other engagement at or hear Greytown may be expected before Estrada’s army takes up its march for Managua. See Vietory for Estrad Mossages recelved at the State depart- Jment today iudicate o cendition of exeite- ment throughout tha westérn portion of ‘Nicaragua. Zelaya seoms to have assumed direction of the military operauons In that Part of the stete and Wn consequence a stubborn resistance to the expected ad- vance of the revolutionary army is looked | for. Riots are reported at Masaya and Gran- | ada, where 'the people have come In col- ligon with the military forces. Amerfcan cltizens at Granada are again calling for | protection, but #o far as can be learned | the only provision so far made for them s the anncuncement that refugees con sldering themselves in danger will be re- | celved on board the American warships in | Corlato harbor. | The marines recently landed from the troupship Prairle have been sent from | Colan to Base Obispo, a swtion on the | isthmian railroad about halt way to Pan- | ama. This action hag been taken with a view to the mdrines belng within easy ocall fn case it is found necessary to send them to Corinto. Officlals here regard the recent over: whelming victory of the revolutionary army at Rama as the beginning of the end of Zelaya, Madriz and their faction as po- tentlal forces In Nicaragua. The feeling here is general that the conquest of the western balt of the country wliil be far mote easily accomplished than was the castern and that within a month at the farthest it 1s believed General Estrada will | " be president of Nicaragua. Wil March on Managun. BLUEFIELDS, Nicaragua, Dec. 2%.— General Estrada, It 15 said today, will im- mediately assume the offensive against the government of President Madriz. The in- | surgent leader holds tnat the Zelaya ele- ment wAs removed from consideration by the sweeping battle of Kama. The march on Managua is belleved to be imminent. The prisoners captured at Rama I\lve" been well fed and all who now espouse | the ¢Ause of Hstrada will be armed and | enrolled in the ranks of the insurgents. | The detalls of Estrada’s further cam- | paign’ are not made known, but it Is | understood his movement on Managua will be by way of Greytown, which he expects to fall with little show of resistence. The various groups of the enemy in'the viein- | ity of San Juan river, will be wiped out and the path to the Nicaraguan capital made along Lake Nicaragua. The exact number of dead, injured and captured in the two days' fighting near Rama elther is not determined or the | facts are withheld, Today Bluefields realizes what real, war means. The wounded fill the hospitals and dead Me In many homes. Funersls are being Lield in great numbers. Insurgent tion Over the triumph that has placed Estrada In unquestioned possession of Rama, Recreo and the strategic point of Tatumbla Hill, as well as the adjacent territory heretofore disputed, Is tempered by the sorrow ot grief-stricken homes, There s less of nolsy rejolcing at the capital of the provisional government, but the grim determination to overthrow government of M; cned by days. the | nagua has been strength- the sacrifices of the last two Dawson to Take Leading Place in Washington Council Bluffs Man, Specialist in Cen- tral American Affairs, Arrives at the Capital. (From a S WASHINGY gram.)—Thom, Bluffs, retirin been designate Latin-American partment, arriv from South Ame There Is strong circles that Mr. followed by an ¢ more detinite pol towar: the situatf The Central Amerk .u sithation just now 1s In need of expert attention and Mr. Dawson is expected very soon to appear as a leading figure In handiing it. Pursuant to the geheral pollcy of re- trenchment on the part of the Ppstoffice department, a number of tar routes in the Sixth Nebraska district have had thelr schedules reduced. Congressman Kinkald as earnestly remonstrated against this {;uncy and has pointed out that the Sixth district {nstead of being at a standstill in population Is Increasing at a rapid rate, and these reductions will work a hardship and instead the facilities should be in- crecsed. In several instances he has had the old schedules restored, the last one belng from Chadron to Antelope, changed to three times a week. Victor Rosewater and daughter were in Washington today for a few hours, re- turning to Baltimore this evening. Mr Rosewater said his brother-in-law, though still_very ill fn a Baltimore hospital, is holding his own, and, improvemient. George Krug of Omaha, in charge of the western division of the Anheuser-Busch Brewing assoclation, is in Washington to spend the holidays with his daughter, Mrs. Brown. H. J. Balley of Brookings, S. D., has respondent.) .—(Special Tele- son of Councll » Chile, who has theu division of the State de- tamily today in diplomatic “rival will be Jdization of a % government «wal America. | been appointed assistant in the bureau of grain standardization In connection with the Agricultural department. C. E. Phelps has been appointed rural carrier, Ellza J. Phelps substitute, for route 1, at Indianola, Ia. Roy C. Spangler has been appointed postmaster at McLaughlin, Carson county, 8. D, vice R. S. McLaughlin, resigned. Induce Mrs. Snead to Kill Herself Evidence Indicates Sisters Inter- oeptéd Letters and Told Her Husband Was Dead. .NEW YORK, Dee. 2.—Although Mrs, Caroline B. Martin. mother of Ocey Snead, has been Indicted with her two sisters for the murder of the Hast Orangé bath tub victim, the New Jersey authorities have not yet obtained possession of Mrs. Mar- tn and she is determined not to be. taken from New York state without a fight. Teday her attorney, Colonel Rohert J. Haire, announced that he would at oncs take steps fof bringing habeas corpus pro- ceedings to test the strength of the case against his client. Some of the evidenca which was pre- sented to the grand jury in support of the charge that a plot existed agalnst Mrs. Snead became known today. An lmportant point was made In the presentation of documentary and other evidence to show that letters written by Mrs. Snead to her absent husband, Fletcher ‘Snead, were un- mailed, and that his letters to her were Intercepted. Meanwhile, it was alleged, the = sick woman was told that her husband was dead and that she had nothing to live for. Big Fight for . McLaurin’s Seat Half a Dozen Aspirants Appear for Mississippi Senatorship—No State Funeral. JACKSON, Miss., Dec. 28.—The death of United States Senator McLaurin occuring within ten days of the biennial legislative session, glves promise of the most spirited political struggle in the history of the commonwealth. The legislature must elect an Incumbent for the unexpired term of three years and three months. Indications are that the names of a half dozen aspirants will be presented including ex-Governor J. K¢ Vardaman, and Chief Justice A. H. Whitfield of the supreme court. NEW ORLEANS TO HAVE SHOW Will Celebrate Opening of Canal and Anniversary of Clity's Foundi NEW ORLEANS, Dee. 28.—An exposition will be held in New Orleans to celebrate the opening of the Panama canal and in- cldentally the two hundredth anniversary of the founding of the city, Today plans wefe announced for a meeting of all the commerclal bodies of the city In the near future to work out details. If anything, shows | NINE MEN KILLED IN COAL MINE Explosion of Gas Wrecks One Entry of Colliery Near Herrin, William- son County, Illinois. TWENTY PROBABLY ENTOMBED Four Bodies, Including that of Sur- veyor Pierce, Are Recovered. / RSN PEAB’ THAT OTHERS ARE DEAD Twenty-Five Men Supposed to Be at Work When Explosion Ocotirred. FIREMEN RUSHED TO SCENE No Signs of Fire Have Been Discov- ered and it in Hoped that Con- flagration Will Not Add to Horror, MARION, Ill, Dec. 22—Nine men are known to have been killed and a score more are thought to be entombed as the result of an explosion In Squirrel Ridge mine No. 4, near Herrin, this county, late today. Parties of rescuers are at work and exact detalls of the disaster, will not be learned until they have reported Four bodles have been recovered. [These include the corpses of W. C. Plerce, mine surveyor; Wolter Rutledge and two un- identified Itallans, Gravest fears aro cxpressed for the fate of other workers in the mine. So far as can be learned, the explosion was confined to one entry. A hasty poll of the mine em- ployes has accounted for/nearly ull of the members of the working force. About twenty-five men are said to have been at work In the entry where the ac- cldent occurred. It is not known whether the force of the exposion reached the workmen, Ald was immediately summoned from Herrin and the fire department of that town was sent to the mine. No signs of fire were discovered meveral hours after the accident and it is hoped that ‘a con- flagration below ground will not be added to the difficultles of the rescuing parties Bfforts to get into direct communication with the mine have met with little suc- cess., ¥ Mark Twain Says$ He’s Not Dying “Charge is Not True; I'm Behaving as Good as I Can,” He Asserts. REDDING, Conn., Dec. 2.—Mark Twain today gave out the féllowibg statemen as a result of various reports concerning his condition of health following his recent return from Bermuda: “I hear the newspapers say I am dying The charge is not true. I would not dc such a thing at my time of life. I am behaving as good as I can. Merry Christ- mas to everybody.” R T SMALL FORTUNE FOUND IN SERVANT’S TRUNK Miss Margaret Sullivan, Lite Who Spent Working in Kansas City Hotei, Leaves $5,000. KANSAS CITY, Dec. 2.—In the trunk of Miss Margaret Sullivan, who died herc recently after having worked as a servant In a downtown hotel for twenty-seven years, more than $,00 was found today The woman was thought to be penniless. She died at the age of 65 years. When Colonel Kersey Coates, an old time hotel man here, died, several years ago, he left Miss Sullivan, who had worked for him, $100. She placed this amoun. and her other savings in a bank. It fallea and her frionds supposed she had lost al of her money. But with the opening of the trunk came the dlscovery of a cert! ficate of deposit of $3,000, of another show- ing Miss Sullivan had an account beside: her unfortunate one. About 32,00 in currency was secreted in one corner of the trunk. During her entire life the woman nevei took @ vacation. The money will prob- ably go to Miss M. Sullivan of Ogdens burg, N. Y., and to Mrs. C. R. Helbing of Grand Crossing, Chicago, sisters of the woman, WU ASKS MANY QUESTIONS ABOUT NEW TRAIN TUNNELS Retiring Chinese Minister Vislts Latest Engineering Feat in New York. NEW YORK, Dec. 2.—Wu Ting-fang, the retiring Chinese minister to the United States, came to New York today expressly to Inspect the passenger traln tunnels unde the Hudson river which connect Manhat- tan with the various raliroad terminals on the Jersey side. Dr. Wu displayed his well known pro- pensity for asking questions end when the tour was finished a member of the party sald; “Dr. Wu has the man from Missouri looking life a deaf and dumb man when it comes to a matter of ‘show me.' " Qenerals Chamorro, Diaz and Matuty are popuiar heroes tuday. The American surgeons from the cruiser Des Moines are giving spiendid service in the gare of tue wounded. rlues St on Prairie, COLON, bee. B.~The marines are sthl on beard ths United States auxiilary cruiser Prairie, awaiting further orders. ! pouriven 3 n Missing, TTLE, Dec. 2.—Mystery velly and glamor surrounding Tiburon island. Gult of California, has been dissipated ef- fectually through the return yesterday of seven American explorers, Who had passed through Nogales on October 13 on their way to explore the island; ‘Which they sup- posed (0 be iplikbited by man-eating Seri Indians and to contain hiddén treasures and rich fineral deposits. . ‘THe party was under the leadership of Prof. Fayette A. Jones. the 0 of the fourten men composing the W the four-masted schooner Susie M. which is drifting, abandoned, in ooean south of Cape Flattery,’ & 10 navigation. It is surposed the u’.;“u taken off by a passing Vessol. The mmer was carrying lumber from Bverett to Callforula ol At Guaymas the explorers bought a boat, provisioned it or a three months' stay, and proceeded up the gulf, landing 8t Keno bay ‘on the mainiand. Here they were vistted by twenty Serls, men and women, Wwho proved friendly end who Informed Mystery and Giamour Lifted from Tiburon NOGALES, Aris, Dec. 23.—The mystery them that there was nothing value on the island. However, they cros to the island, established a permanent camp and for five weeks prosecuted their explora- tions, finding no indication of any thing of value or of great interest. The island is twenty miles wide and thirty-five miles long and is of voleante origin. Good grass abounds and there I Some running water. It contains no human beings, but hundreds of deer and myriads of wild pigeons. Inscriptions were found proving the visit there in 1905 of & reseue party in search of traces of the Grindell exploring expedition, lost the Year before. During the party's stay the island was visited by former Congressman Conn of Indiana, who is making & pleasure crulse In his private yacht Comfort, . ; SINGLE COPY TWO CENTS. GEE [THIS I8 GETTING ON Another Financial “Twister” Strikes Oklahoma. From the Denver Republican. KING ALBERT I ON THRONE New Belgian Ruler Greeted with Cheers by Subjectas PAYS HIGH TRIBUTE TO LEOPOLD Says Royal Uucle Performed Big Work for Enrichment of Nation, but Declares for Humanity and Progress. BRUSSELS, Dec. 3sffiother young monarch was added (. 'wé relgning sov- erigns of Kurope todasWhen Albert I'as- scended the throne of Belgium. The of- ficlal ceremony was brilllant-and the pop- ular acelaim genuine. Yesterday all Bel- glum mourned. Today everywhere there was merry-making and joyous cries filled the alr. The scene in the House of Parliament, where .the oath to the throne was taken, was impressive with its setting of royalty. Here the new monarch made an address destined, by its democratic tone and une- quivoeal expressions on the great question of the Belglum Congo, to attract the at- tention of the world. Colonization should mean clvilization, said the king. The natlon desired a pollcy of humanity and progress in the Congo and no one had a right to doubt her prom- ise that such a policy would be main- tained. At daybreak the streets were agal: crowded with thousands who sought po sitions from which they might view the entry to the capital of-Albert and Eliza- beth. Windows, balconies and roofs were filled and standing room on wagons, tables, chairs and ladders was sold by enterpris- ing speculators at extravagant prices. Preceded by Queen Elizabeth and the two litue princes, Leopold and Chase, who sccupied the royal coach, Albert made a ‘Joyous entry” to the city. The king was mounted on a spirited charger and made a striking picture In the gold and white uni- form of a general. He repeatedly ac- know'edged the plaudits of the people and smiled as a shower of flowers. fell upon the queen's coach. King und Queen Applauded. The arrival of the queen at the Hall of Deputies was the signal for an outburst of applause, while the demonstration that| followed in honor of the king continued | for many minutes. A feeble attempt of the soclalists to raise counter crles were drowned in shouts of “long live the king.” Standing before the assemblage ‘of bril- Hantly uniformed princes and foreign repre- sentatives, bishops and senators, Albert in another setting, would have passcd read- iy for a young college professor addressine iis class, In an agrecabe volce and speaking de- liberately the new monarch pledged him self to work for the soclal advancement of the nation and the elevation of the mora! =nd intellectual standard of the people, He would seek, he said, to develop the system »f popular education and labor unceasingly ! for the, general wellbeing of the masses. 1 He paid a high tribute to Leopold 1T and the latter's policy in opening the Congo to Belgian actlvity. He outlined a program of humanity and progress and was greeted with a storm of applause as he declared probably that Belglum had always kept its promiscs and no one had a right to doubt its word Later In the day the king received the addresses of Parliament. Intimates of the king informed the Assoclated Press today | Today is the last chance to buy Xmas presents. "Under the head of ““Christ- mas Hints,”” on the first want All Efforts to End Deadlock at Butler, Mo., Fail Convention to Nominate Successor to De Armond Takes 484 Ballots Without Result, BUTLER, Mo., Dec. 23.—Determined. ef- forts to break the deadlock in the Sixth district democratic convention called to nominate a miccessor. to the-late Congress- man De Armond met with fallure today. Three sessions were held and after tho [ forty-elghth ballot, the situation was: sub- stantially the same. The convention asked the four candidates to present thelr ideas about the best way to break the deadock. Suddarth, Hargus and Newman agreed to release their dele- gates from thelr pledges 1f the other can- didate would do the same. Dickinson re- fused to agree to this proposition, urging the delegates were responsible to thelr counties and not to him. A motion was then made that the can- didates meet in conference, but no action was taken after a spirited discussion. None of the delegates appear to know the chances for a break, and no dark horse has been suggested. ‘Half Million for Indianapolis Parks Codicil to Rhodius Will Cuts Off Dare Woman and Provides for Family. INDIANAPOLIS, Dec. 2.—A codicll to the will of George Rhodius, filed for pro. bate today, leaves the resldue of his es- tate, or about $500,000 to be applled to im- provement of the parks In Indianapolis The original will gives only $50,000 to the woman known as Elma Dare, who has appealed to the Indiana supreme court the annulment of her marriage to him. The codicil to the will cuts Elma Dare off without any share of the estate. Num- erous relatives and friends are provided for and the rest of the fortune Is to go to certain charities and to the park system. ROBBERS BLOW KANSAS BANK Secure Fifteen Hundred Dollars from Safe and Battle with Pre: dent Follows. MOUND CITY, K Dee. 23—Robbers early today blew open the safe of the State Bank of Centerville, near here, and escaped with $1,600. One of the robbers, the last to le the building, was fired upon by C. H. Brown, president of the bank. The robber returned the fire ana after a lively fusillade of shots drove Brown to cover and escaped. Neither was wounded. The Interior of the bank was wrecked, EXCHANCE OF PROPOSITIONS Officials Hold Long Conference. NO AGREEMENT IS REACHED Adjournment is Taken Until Ten O'clock 'This Morning—Butte Men Forced Out by Loeal Unions. ST. PAUL, Minni, Dec. 23—At 4 confer- ence today in the offive of Governor Eber- ‘Mart, which was attended by all of the representatives of the rallway couneil of the American Federation of Labor, repre- sentatives of all the Twin City lines ef- I fected By the present switchmen's strike, W. Wheelock, members of the state rail- way commission and Labor Commissioner W. B. McEwen, propositions were made both by the railroads and the switchmen looking toward a settlement of the strike. No agreement was reached at the confer- erice, which lasted until 6 o'clock, and it was dgreed to meet again at 10 o'clock to- morrow morning and continue negotiations, The rallroads’ proposition, briefly, Is to agree to employ as many of thelr former employes as they have room for, under the present agreement, unfll the termination of the conference now going on between | the switchmen ana the railroads in the Chicago district, when the Twin City roads will agree to meet any additions in pay or working conditions granted the Chicago switchmen by the Chicago lines. | 1In their counter proposition the switch- men agree to arbitrate under the arbitra- | tion act of 1898, But Insist that separate | negotiations be concucted with the Twin ity lines here in the St. Paul. Proposition of Rallroads. The proposition of the rallroads to Gov- ernor Iiberhart s as follows: A conference between representatives of the railways in the Chicago distriot, and représentatives of their switchmen Is now in progress for the purpose of determining a scale of wages and the establishment of working conditions for that_district. The rates of wages in the Chicago dls- trict and in the = Minnesota cities for switchmen have been fdentical and the working conditions similar. The Trepresentatives of the lines In. conference, this dato, firmed, by majority vote, the report to your excellency, that these roads repre- sented, will agree to re-employ such of their former, yard employes s the roads may have places for, at the rates of pay and under the working conditions in effect November 1, 1909, and that at the termina- tion of the' Chicago conference the lines here represented will meet any additions in rates of pay or working conditions that may be granted by the Chicago lines to thelr switchmen and that as heretofore announced, the differential of 2 cents per hour in the wages of switchmen will apply in the territory of Billings and west on the Northern Pacific rallway, and in the territory of Havre and west on the Great Northern railway. Offer from Switchmen. The switchmen’s counter proposition is as follows: For the employes, we are aware that Twin City have con- on- (Continued on Second , Page.) 1s Belief NEW YORK, Dec. 2.—~Willlam L. Cook sald today he belleved that his brother, Dr. Frederick A. Cook, had met foul play abroad. “1 had a letter from Dr. Cook early this week,"” sald the brother, “in which he said he was hurrylng to Copenhagen with his proofs of having found the North pole. He should have reached Copenhagen be- fore this and as he had been threatened with violence I fear his enemies have over- taken him." The report of the special committee whieh Investigated Dr. Frederick A. Cook's clalms to having reached the summit of ad page, are a lot of sugges- tions that will help the late shopper. Some of the things are quite out of the ordinary. Have you read the want ads yet today? Mount McKinley will be delivered to the board of governors of the explorers' club tomorrow. While the Investigators will not divulge the text of the report they do not deny that it discredits Dr, Cook's claims, WASHINGTON, Dec. 23.-The report of ‘be Unlversity of Copenhagen adverse Lo Dr. Cook Murdered Abroad, of His Brother the claims of Dr. Frederick A she wlaiment ok Cook as AOFl puie 18 Dow YA e Wy W Ulls Cuulibiy 10K WWe Buidiic. vE W8 BLeOULIC LVERLekiois Us uere, A cablegram was recelved today fiou, W8 Wversity by Prof. Howary Gore, Sadbilaall UL the SUO-COMIINEE BPPOLULEw o b Nudvaal Geoglapule sueiewy LORGLEL Lue lavestigauun under tue us- Pices Of LAAL OrgAIIZALION, ANKOUNCNZ thay tie university had forwarded 1ts Fepoit Lo the soeiety, That report will be considered by ' the ¥ub-committee, but on the submission of the original observations of r, Cook, the fleld note book which he kept ‘on hls Aretic travel, will. he says, hinge on the verdict of the subecommittee, The meeting of the sub-committee will be held probably during the first week In January, e cus. Governor Eberhart, his secretary, Ralphq the opinlon, which he read. DUNN ON KNEES BEFORE COURT Omaha Lawyer, Disbarred for Con- tempt, Comes Off High Horse and Begs for Meroy, RESTORED TO PRACTICE OF LAW Judges Refuse to Listen to Him Until He Apologizes. ) RIGHT TO DISBAR AFFIRMED Following This, He Decides to Eat His Humble Fie. CHRISTMAS GIFT FROM BENCH Attorney Connell Paves Way for His Reappearance Hefore Dar— Makes Amends for Hin Conduct, (From a Staff Correspondent.) LINCOLN, Dec. 2.—(Specal Telegram.)— L J. Dunn, disbarred from the practice of law in all state courts a month ago by the supreéme court for contemptuous econduct, came off his high horse thls afternoon, apoligized to the court, and was relnstated in his profession. He appeared at the state capital with the Intention of making a statement to the Judges. His attorney, W. J. Connell, asked the Jjudges that Dunn be permitted to appear before them when the court in- formed Mr. Connell that an opinion had already been given on the contention he had ralsed, that the court had acted In violation of the constitution by disbarring him without a hearing. In this respect the judges held that their actlon in disbarring Dunn for his attitude toward the court and his criticism of Judge Rose in a brief in the case of Robinson agalnst the city of Omaha was within the law. Mr. Dunn perused the opinion and later Attorney Conuell, when the court was at lelsure, asked that Dunn be allowed fo appear before the court an dapolugize. Dunn Takes Medicine, Mr. Dunn thereupon advanced before the court and orally expressed his regrot for tue action he had tdken and expressed himself as willing to comply with the court’s regulations. |The judges then or- Twin City Switchmen and Railroad |dered Mr. Dunn's statement reduced to jwriting and filed as part of the decord, which was done. Following & consultation of the judges in thelr chambers, an order .yvas then glven restoring Mr, Dunn to the rights of a practicing attorney. Mr. Dunn s one of the attorneys for the city of Omaha in the sult involving an old gas lighting contract which Is being argued on appeal. When the case was called this at- ternoon W. J. Connell, appearing for Dunn, rose and said before the case procesdedt Mr. Dunn would lke to make @ statement. “Chiet Justice - Keese, speuking court, said the court had just’ n-naa?' d an opinion in the Dunn case, and probably Mr. Dunn would like to read it before he made a statement. Mr. Duun went to the clerk's office and secured & copy of 1t held the court had @ right to disbar Dunn and re- affirmed the position the court took in the contempt case. Judge Dean dissented. By the time Mr, Dunn had the document read Will Herdman, for the gas company, was making an argument to the court and proceedings In the Dunn case were delayed for a time. h The Apology. The apology together with the order of the court follow: “In the supreme court of the state of Nebraska, Anna J. Robinson, appelant, against the city of Omaha, appellant. No, retraction and apology. “In re-citation of I J. Dunn for con- tempt. And now comes I J.Dunn and in ac- cordance with his written ~statements heretofore made and filed hereln and in accordance with his declared purpose made in open court before he had knowl- edge of the rendition or filing of the opinion of the court and as already orally done in open court, lereby in writing withdraws all statements in his briet filed herein which have been referred to or considered by the court as contemptu- ous or objectionable and hereby makes makes full and nuqualified apology for having written or filed said statements, »ecember 23, 1909.” “By the court: And now on this 23d day of December, 1909, the respondent having made ample oral apology in open court for the statements contained in the brief and on which our order of sus- pension herein was foundad, end he hav- ing filed the foregoinggg wrilten declar- ation of apology, \ “The court accépts the same as satis- factory and the respondent, I J. Dunn, is hereby restored to all Lis rights as such attorpey and counselor at law. “Costs taxed to respondent. POWER TO SELL FRIAR LANDS Attorney General Opinio: Wickersham No Limit on Nume ber of Acres. WASHINGTON, Dec. 23.—Attorney Gen- eral Wickersham has rendered an opinion for the War department to the effect that to sell the Friar lands in the Philippines in any number of acres desirable, not- withstanding the organic act of the Phil- ippiue government, which limited the sale of the unapportioned publie lands obtalned by treaty with Spain to forty mores. In developing the sugar Industry of the lslands individuals desired to purchase the 56,000 acres contained in the Ban Jose es- tate on the island of Mindoro, which was purchased from the Recoleteo friars by the United States and which nas never been occupled. It was argued that to attempt to sell this land In forty-acre tracts would defeat the proposed use of the land, This condition does not modify the law providing that every corperation engag- ing In agriculture shall not hold more than 2,600 acres, It is sald the sugar trust is the prospective purchaser of the land. EVIDENCE STOLEN FROM JAIL Wagon Load of Liguor Ruia on Social Club Dis- appears, Gives GALENA, Kan., Dee. 23.—A wagon load of beer, whisky and other liquors which was selzed in a rald on & soclal elub here yesterday afternoon was stolen from the eity jall last might, The liquor had been locked up and was to have besn used s evidence,