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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 8, 1905)
THE OMAI1A - DAILY DEE: . WEDNESDAY, FEBRUARY 8, 1005. Telephone 64. , Flee, f eb. 7, 1005. "Agood Intention . Clothes itself with 1 sudden power." --'4 1 Special VaIu(Tin Colored Novelty Brilliaatmc. We have gathered only the choicer stylos that fashion favors, nnd they are many. Not for years has there been such a demand for dress goods of this description. Whatever is fashionable for all occasions is here. Note what superior value you can get for llfty rents." - ' ' AT-BOc A.YARD-j-Xoveltiea 111 .fUiepnrd'a Check the new blue and white, green and white, brown-and white, handsome rirk lustre, In small tiny checks. ATW A YARD Hair Stripe Brllllantlne the new shndos of brown, blue, Mack, (tt$.J with a tiny autfgestloa of, hair stripe of white alternating with small dots. 'AT'ftOc A YARD Broken checked Novelties In Brllllantine tiny check of one anj4 two colors forming small Invisible broken checks. AT. 60c A YARD Plain Brllllantlne They are really extraordinary value in a handsome rich silk finish, auk to see them. rpiONPON.F)ELDEH&fQ . . . ' . i V. J C A. Buildiar- Corner Slxtetntb and DougUi Street. twn 'Of SaHtie to-provide for' the ful) payment ft road (axes In cash and the ap propriation of hair-the proceeds as a road fugd. The'.house,. Was still fighting over the bHI In crrtio4tVM of the whole, when the nabs -adjoiirrimant , vu taken. Douglas Of Roek was the chief opponent of the bill. Ills chief argument was that the same law had been repealed only two years ago and that the legislature should not re-enact repealed Jaws this soon after their efface tnent from the statute books. Douglas, It so transpires, wag the author of the wolf bounty; bill which passed the house one day last week. This law also was repealed at the previous session of legislature. Jah Bl of Washington, one of the quiet mem bers, -who thinks considerable, but talks Uttls, brought forth a hearty laugh on Douglas when he arose and pointing his long flnger straight at the member from Rock .pointed out this fact. SteUon.had offered a motion that when the cotamlttee of the whole arise It recom mend tor engrossment and third reading. Douglof moved that this report be not con cUrredyln' and this motion was lost. There for tolU will finally go upon passage, after baying been before the house four times 4n4 surviving the most persistent attacks)' from its enemies. H. Ri 65, by Jackson of Antelope, pro viding for the parole of first and second degree murderers serving life sentences In the penitentiary after "ten years, was rec ommended for Indefinite postponement. - When the house tame to order considera tion ofH- R- 18, V McMulltn of Gage, known a the anti-Christian Science bill, a large contingent of Christian Scientists entered arid took seats in ;the rear and at the sides of tho house. The lobbies and galleries, ' too, were, fairly well filled. McMullen opened the. debate on the bill. Me said It was not intended to obliterate Christian' Science, , "It IS.-.heisaia.i ?SrftijUM to 'place all practitioners on the same basis requiring all of theTO.to take an examination from the State -jofird"pt HeaHH'io entitle them to practices-rite theories fefWhe - cut. This seems to ma td. ba fair. - It Is not an at tack on Christian Science. We have been enacting legislation -Jo raise) the standards of practice of thVtnedlcaf doctor and 'den tist. This itt simply carries out that Idea wltto respect to all cults"and schools.' I anf not a believer or disbeliever In Christian Science," (' - ' . Jackson of Antelopa-oproffd the bill. ''. ''I-kno-w of no reason," said he, "why a parson, if ha, be sick, cannot choose to get well through the, medium, of prayer to Al mighty Ood, and if ha chooses to pay the person praying for htm I knpw of no reason why ha should not be allowed to do so. This bill, aa It s, la & direct blow at religious liberty. . Christ himself was a healer. These people should be allowed to follow the Christ if they wont to. I had Intended to oppoaa .the bill, but now offer an amend ment which Christian Scientists tell me will remove all objectionable features of the bill, ao that thus amended. I will support the trill." , "He atbeq. offered an amendment to ex clude '"from tie .bill's operation "persons who-heal by prayer to Almighty Ood," and allow them to take pay for their serv ices. ., , " , ..." ; Dodge of DoUglas said he regretted the Introduction of the Jackson amendment, for "It "might' restrict Some" Intelligent people and let Christian Scientists escape." Ha admitted there was much to the sci atic and of the theory, but thought there was llttTa to the Christian part ot the doc trine. He. moved to indefinitely postpone the wu,.sJ; 'v . Windham of Cas spoke forcibly sgatnst the blJ. He declared it to be an attempted transgression on the . faith and religious liberty of a.class of people who had a right to th'slr, way of thinking. He favored the Jackson amendment. . Voter ,of . tedar thought the real Intent and purpose of .the DM had been lost sight of. . Ha saw no objection, to permitting - Christian , Scientists to practice their theories, "but why," he asked, "allow them to accept fees unless they comply with the aa ma -regulations, that govern physicians? This a, : the .physician' stock in trade and he tii(ght. to be protected since he has gone to Into xpen"tt semiring his education ahd training'.' ' ' Wilson of Pawnee said he hesitated to apeak on the bill because he was a phy sician hot -he was. willing to forego per sonal pptnlons order to .speak for the welfare of the public health. "This bill does not seek to bolster up the medical profession In one lota. . The medical profession Is not asking for protection from the strong arm fit the Jaw just now. What we want la for those who propose to cure disease' shall be able to recognise disease tyhen they see it. If this only affected adults It would not ba ao bad, but little If you can't sit before a big fire these tupping days, just drink Ghirardelli's Ground . ,, Chocolate with your meals. tts marvelous how warm nnd energetic you'll feel after wards. Wad liwtantly with hot milk. ' children are often left to die, of malignant disease because of a lack of medical at tentionproper remedies. ' "Wrfat we ask for Is to put all who practice the healing art on the same basis, namely, that they all shall be. able to know disease when they see it. This bill does not Interfere with any man's religious be'.ief, hut it does ssk him that when he goes to apply that religious belief on suf fering humanity ho knotw what he'ls doing. Some people seek to make merchandise of their religious belief." Clarke of Douglas favored the Jackson amendment, ut concurred In Dr. Wilson's remarks as to the treatment of children. Jones of Polk said he was neither In favor or opposed to Christian science, but he thought the disciples of this faith should be prevented from practicing their theories on sick people. Ilnrne's of Douglas spoke for the bill, tak ing occasion to cite many cures from Christian science he knew of. Ha brought forth loud laughter by saying as for chil dren he would rather have soma "old woman" than all the doctors on earth. This was. In reply to Wilson's remarks. He said he had found doctors a big nuisance, but admitted that once In a while they were good things to have around. His en tire speech created much amusement. Replying to questions from Jones of Polk, Wilson and liar too fired at Clarke as to what he would do with Christian science in case of contagious disease, Jackson told of an epidemic of smallpox 4n Norfolk being mistaken . b,y medicaj doctors who were later compelled to recognise It when "doctors of law" pointed It out to them. Jackson, after a powerful plea for tolera tion of Christian scientists, agreed to with draw his amendment and vote to Indefi nitely postpone tho bill. "' Jackson had said if he were 111 he would employ a physician, but he wanted other people to be allowed to employ whom they pleased. , Bartoo thereupon said If he wanted legal advice he. would employ a lawyer, but not a carpenter 6r blacksmith who would not have-any knowledge of law. He declared It was rank class legislation to allow Chris tian' Scientists to practice medicine without qualifications and holding physicians to a rigid compliance with certain provisions of law. "Equality before the law," McAllister of Dauaf .said, "is all this bill asks for." He was for the bill. -", The motion of Dodge to indefinitely post pone the bill was lost by a vote of 58 to 23. Jackson's amendment waa lost by a vote of 47 to 27. Podge then offered an amendment mak ing the bill apply only to contagious dis eases and children. In the discussion of his amendment Dodge took the position that the Christian Scientists did not prac tice medicine, but prayers, and therefore should not come under the same regula tions as medical physicians. Wilson referred to the Dodge amendment as a "little side show" and asked the house to vote it down. He said the Christian Scientist may not practice medlqlne, but he does propose to practice the cura jf disease and therefore should coma under the- dame requirements exacted of other practitioners. On motion of Wilson the bill was recom mended for passage. At 6:30 o'clock the house adjourned. These bills were introduced In the house: H'-?; 3M' y Fos'er. Davis and Junkln An act to fix maximum charges for the transportation of freight on railroads, pen alties for the violation thereof and to re peal the present law. The bill decreases the present rates on an average of 10 per cent on about thirty leading artlclea of com merce. ,"' R'.?7i by. Casebeer of Gage-Refers to the method of purchasing supplies for the legislature. Provides that supplies shsll be furnished only on application of members desiring them. H. R. 238, by Smith of Burt-An act to encourage the improvement breeding, cul tivation and to extend the use of corn. H. R. 239, by Harmon of Saunders An act to determine the rates of passenger trans port on railroads within the state of Ne braska. The Berge bill. H. R. 240, Dy Burgosa. Holllet, McClay, Warner, Burns, Poster and Lee-An act to prevent the exhibition of the oriental or muscular dance commonly called "hooche kooche." H. R. 241, by Howe of Nemaha An aet to provide for the punishment of persona guilty of breaking and entering certain buildings and offices, or for breaking open certain safes or vaults with Intent to steal property of any value. If. R. 242, by Currie of Dawes An act to Increase the power of county treasurers for the collection of personal . taxes of dece dents. H. R. 243. bv Muxen nf Dnnarlna PrnvM. Ing against publicity and uniform plana u i tt tv ii uy i-uumy cummissioners in Driuge bulldlnsr contracts. H. R. 244, by Copsey An act- to protect EiiKllsh pheasants. China pheasants, Mon golian partridge, Colguln partridge, black cocks and other varieties of Imported game birds by making it unlawful to shoot or otherwise destroy tlium; attaching a fine of from 125 to 160. or a term of sixty days In me county jail ror lis violation. . ROl'TIXK PROCEEDINGS OF SENATE Lmrs Part of Das- Pat in la Commit- tee of the Whole. (From a Staff Correspondent.) LINCOLN, Feb. 7. (Special.) In the com mittee of the whole this morning the aenate reoommended for passage 8. F. 48, by Gtf fln, known as the bulk sales law. The bill had been amended by the Judiciary com mittee ao that It required a merchant con templating selling his business to file such notice with the county clerk five days be fore turning over his stock to the pur chaser. The entire committee was for the bill and aeveral members made speeches In Its favor. Especially did Thomas of Doug las grow eloquent In detailing the good points of the bill and explaining wherein the bill would not bring about injury or damage to the honest dealer. In Omaha, ho said, both the wholesale and retail mer chants were for the bill. Senators Qlffln, Thomas, Tucker, Jones and Jackson spoke for the bill. . These bills were placed on general rile: H. F. 12. by Rpnerson of Clay Providing for a suspension of sentence in casa of wife abandonment. 8. F. 98. bv Qlffln of Dawson Providing that Irrigation districts havs the right to condemn private oitcnes ana tax tnem over tv oavlnsr arDralar' Drlcea. 8. F. IS, by Iaverty-To prevent the II lesal expenditure of public funds. 8. F. 29, by Bhreck of York, to regulate the speed of automobiles, waa Indefinitely postponed with neatness and dispatch. 8. F. It. by Sheldon of Case, providing fees for Justices ot the peace, was paaaed aa waa 8. F by Janes of Otoe, providing that oounty. boards of equalisation shall have the power this year to correct assess ments on real estate' by raising or lowering the valuation. The committee which visited the Kansas penitentiary and Investigated the manu facture of binding twins mad Its report and 6,000 copies wera ordered printed for the use of the members of the legislature. Tucker Introduced a resolution providing for a submission to the voters of the state the question of holding a constitutional con vention. .' At 12 o'clock the senate took a recess until I o'clock. Immediately upon convening this after noon tho senate went Into committee of the whole, with Tucker of Richardson In the chair. These bins were recommended for passage: i S. F. 82, by Meserve of Knox, providing a penalty for anyone practicing law with out first having been admitted to the bar. 8. F. 7. by Oiffln of Pawsnn, providing for the publication of proceedings of meet ings of Irrigation districts. S. F. 101, B. F. 102 and S. F. 103, by Saunders of Douglas. These are proposed amendments to the constitution, providing that the legislature shall create courts of appeal Inferior to the supreme court; providing that the legis lature shall fix the salary to be paid state officers snd allowing five-sixths of a Jury to return a verdict In civil ensca and au thorizing the legislature to provide that a Jury may be composed of less than twelve men. S. F. 64 and S. F. 66, by Jones of Otoe, amending ihe fishing lawa so as to remove the Missouri river and boundary streams from the J itisdlctlon of the present laws. S. F. 117, by Williams of Otoe. , created some discussion, and finally was recom mitted to the committee on Insane hos pitals. This bill provides that the word "incurable" shall be stricken from the title of the Insane hospital at Hastings. It was brought out In debate that the land was donated to the state with the under standing the hospital should be for the benefit of the Incurable Insane. This created some opposition to the bill. Epperson of Clay announced that a number of citizens from Hastings wer enroute to Lincoln to protest against the-bill, and he moved that It go over and they be given an opportunity to be heard. About this time Mayor Miles and" others arrived and the bill went over. When the com mittee arose Cady of Howard moved that It be- recommitted to the committee on in sane hospitals and this carried. S. F. 139, on motion of Jones of Otoe, was recommitted to the committee on commerce and manufactures. This bill compels mil lers to print on sacks and bags the number of pounds of flour or cereal contained therein. Shortly after 3 o'clock the senate ad journed until 10 o'clock tomorrow. These bills-were Introduced and read a first time: , S. F. 166. by Harsh, to compel railroads Turnish equal facilities between elevators a the shipment of grains. viHo.F;l67.'l. by Tuck.er of Richardson, pro vides, for the sale of school lands to school d strlcts or cemetery associations and pro vides that any person who prior to 1897 held educational lands by contract or lease may purchase the same within two years the date this bill becomes a law. 8. F. 168, by Epperson of Clny, provides for the repeal of sections 18, 19. 20 and 21 SL arJ,nle v" . J the complied statutes. This bill repeals the law creating the office of state architect. S. F. 169, by Shreck of York, provides for dralnare ditches. ' REPORT ON THE PASS EPISODE Committee Finds There Waa Nothing; to Make Fnss About. ' (From a Staff Correspondent.) LINCOLN, Neb., Feb. 7. (Special Tel egram.) The report of the sDeclal com mittee appointed by Speaker Rouse to investigate tne r lshback pass case was filed with the chief clerk of the house at o:su tnia arternoon by Chairman Douglas. The houBB will hear the. report tomorrow morning:' 'It 'is1 a Voluminous document. It states that pursuant to the Rurnn rejintn. tion ths committee made; a- searching in-' vestigation rrom every available source and finds no warrant for cause nf notion nontn either the legislator or the lobbyist in- voivea. ; This paragraph embodies the findings of the committee: Your committee has Investigated every source of Information suggested In the ex amlnatlnr. under said resolution and from A. CArertil pvnmtnaMAn r,t ail . .1 evidence adduced we do not find any repre- , iSi - part or saia xl. i. Dobbins or on the part of said Robert W McOlnnls In the premises. The testimony of said Julius S. Dlttmar and George C Flshback Is very conflicting and we make no findings as feetwecn them. The testi mony of said George C. Flshback corrobo rates the testimony of Robert W. McOln nls in all essential parts and under the rules of evidence which obtain In the courts of the state your committee finds that there Is no cause for action as embraced within the aforesaid resolution. H, T. Dobbins is editor and J. S. Dlttmar reporter of the Lincoln News, which printed the Flshback interview that caused the In vestigation, Dlttmar being the author of the article. MoOtnnis is the representative of the Northwestern railroad and Flshbacla the representative from Clay county. DOIXG9 OF THE . LEGISLATORS State University to Get All the Fonda It Asked For. (From a Staff Correspondent.) LINCOLN-, Feb. 7. (Special.) A member of tho house finance ways and means com mittee Is authority for the statement that the University of Nebraska will get all the appropriation it asks of the legislature, $842,47y, the amount estimated for the ex penses of the blennlum of 1905-6. He says this money could be used for no other purpose and might aa well ba turned over to the university. The only way the amount could be cut down, he polnta out, would bo to reduce the levy of l mill to H mill and that. It Is now determined, will not be done this year. The estimate this year is $27,030 less than two years ago and still tho new estimate contemplates an Increase of 150,000 in sala ries for the biennium. What swelled the budget two years ago was the item of $353,000 for permanent Improvements, whereas this year that amount la only $137,470. Relative to tho Increase . of $50,000 for teachera, the members of the committee feel that is money well spent. They be lieve the regents should hae more latitude In this regard, aa during ths last blennlum one or two of their very best teachers have been taken from them simply because they could get more money elsewhere. The re gents and the members of the legislative committee have come to the conclusion It is not right for the University of Ne braska to be deprived of Its best Instructors for this causa. If these Instructors are worth more money to other Institutions they are worth It to Nebraska, Is the view the committeemen and rcgenta take of the situation. 8. F. 108, Introduced this morning by Harsh, hss for Its Intention the regulation of railroads In regard to supplying cars and shipping facilities to all elevator companies without discrimination. The bill provides that every railroad corporation In the stats shall give to all persons and associations reasonable and equal terms for the trans portation of any merchandise or other property of every kind or description, upon any railroad owned or operated by such corporation within the state, and for ter minal handling the use of the depot and other buildings and grounds of such cor poration, and at any point where auch railroad shall connect with any other rail road, reasonable snd equal terms and facili ties of Interchange, and shall promptly for ward merchandise consigned or directed to be sent over another road connecting with Ita road, according to the directions therein or accompanying the same. - Every railroad company or corporation operating a rail road In the state shall afford equal facili ties to all persons or associations who de sire to erect or operate, or who are en gnged In operating, elevators or In handling or shipping grain, at or contiguous to any station of its rosd. It shall supply side tracks aniVawltch connectlona. and shall supply cars and all facilities, for erecting elevators, and for handling and shipping grain, to all persons so erecting or operat ing such elevators or handling and shipping grain, without favoritism or discrimination in any respect whatever. It waa the evident Intention of the framer of th bill to exclude tYom the provisions of the bill elevators hereafter to be built costing less than $3,500, but the language arrears to be vague on that point. It pro vides, however, ' that the railroad company shall supply cars to persons shipping their own grain on an equality with dealers and elevator men. It provides that all shippers of grAln. live stock and all other freights shsll apply In writing to any Station agent nearest to the point at which the cars are desired, giving the number of cars wanted, when they are desired,' at what point, for what class of freight and the destination of such freight. It Is made the duty of the company to supply all such cars within a reasonable time, but If there be an unusual demshd for cars at the time and the com pany cannot supply all that are demanded, It shall apportion ears to each station ac cording to the amount of freight ready to be shipped, without favoritism or prejudice of any town or shipping point. Cars must also be apportioned according to the order In which they have" been rtquested, and to Individual shippers according to the amount of freight that each applicant has ready for shipment. It is- made unlawful for any officer or agent of a corporation. Or any other person, to make application for cars, either In his own or a fictitious name, fof the purpose of giving any person 6r corporation more than Its share of ears under the provisions of the lnw, nnd any railroad company, . agent' or officer. In case of Violation of the law, Is held Hab'e to the ' aggrieved shipper for damages sustained, and liable also to a fine of $500 for each offense. The bill carries an emergency clause. The "hoochee-koochee" bill was Intro duced In the house this morning. The hill was drawn by some of the female reformers of Lincoln and presenetd at their urgent solicitation. "Urgent" is used advisedly, as the women had great difficulty In finding a Member willing to assume responsibility for trying to wipe out of existence this festive Oriental art. McClay, the flag champion Of Lancaster, was first appealed to to pre sent the bill, but' when , the measure came In It bore the names of McClay, Burns, Eurgpfs, Holllett- and Warner of Lancas ter, Lee and Foster of Douglas. Burns, on hearing his name read by ths clerk as one of the authors of the bill, arose to protest, not wishing, evidently, to be classed a.mong the enemies of this popular dance. But his protest went unheeded. At last Jackson's), bill providing for the parole, after ten years,, of life convlcta In tho penitentiary co'ntmltted for first or sec ond degree murder,, has been killed In the house. But'H required ai. long and strenuous fight to kill It. Debate on the bill came to an end last week, but the committee of the whole, by mis-step In parliamentary praoftoe by Windham of Cass, the chief op ponent ot Vhe ;hll,( arose without finally disposing, of. Jhe-.mU This morning when tho bill carne Xiji'ln eom'mlttee of the whole It was feebmrnended . for Indefinite ; post ponement, and Without any fighting the re port -of the -com rnlt tee was 'adopted by the house at the afternoon session. I.. Of, . : 'in representative halt tonight the moving pictures of Nebraaka, shown at the World's fair, were 'eXblbji&I 'in the presence of a large cTowd.!);a4i, display was under the direction of Secretary. H. O. Shedd of the lata 'Nebrkskait World's Fair "commission. and Land Commissioner Eaton. . . The exhl- Dition was -Sj pronounced siiccess.. The Joint house and senate committee ap pointed., to Investigate the binder twine plant proposition, lp the course of 'whose work It visited' the plant at the Kansas penitentiary, today, filed-lta report' favor ably commenting on such an enterprise for Nebraska, but discreetly withholding any recommendation., , t ne report covers no ground not covered In the resume of the report published by The Bee Sunday last. The committee's report may be aummed up In , this form: ."The Kansas twine factory la. making a net -profit of $20,000 per year; Is aavlng now at least $75,000 per year to the farmers on lta product, and $100,000 more per year on the trust production, because of the competition. The people of Kan sas, farmers, business men, newspapers and others, unite In declaring the- factory a greet success, and the Nebraska legisla tors who visited the factory were also thoroughly convinced. Their representa tive gives tho matter In detail, and la a paper of much interest to Nebraska farm ers. With this information the advisability or making the Investment on behaJf of the state is left to the legislature. Muxen of Douglas this morning Intro duced H. R.,243, which is readily suspected of belnf a bridge' contractors' bill, Intended to accomplish ' Just " what the Kyd bill, which was killed, proposed should not be accomplished. It Is Identical In many fea tures with the Kyd bill, embracing even the same phraseology In many Instances. But the bill eliminates those features of the Kyd bill which were objectionable to the bridge men and does it In such skillful manner aa almost' to conceal the fact that It Is done.- In i most adroit fashion It disposes of the provision compelling all contractors 4o bid to( uniform plans drawn by the county 'ommjssloners ard also eliminates the publicity features which the Kyd bill contained. Muxen' admitted he had not read tha bill, cjosely and that It was handed, to hlni for Introduction. MORE BALLOT BOXE$""oPENED Colorado Democrats Allege On Thou. and Fraudulent Votes Were Cast In Laa- Anlmna County, DENVER, Feb. 7. The democratic attor neya In the Peabody-Adams gubernatorial contest are securing depositions of voters In several counties outside of Denver. Be fore the Joint committee today three ballot boxes from Las Animas county, where the democrats allege flagrant frauds wera com mitted by the republicans, were turned over to experts selected by the democrats. Sev eral .boxes from Las Animas county will be opened, and possibly some from Huer fano county, , While the democrats discredit all expert testimony on handwriting, they assert that In these two counties over 1,000 ballots were written by one or two persons, and if the committee accepts the reports of experts regarding Denver votes It should also ao cept similar reports concerning Las Animas and Huerfano votes. If this be done they declare Governor Adama will retain his seat. Two of the ballot boxes opened today were In bad condition and the republicans may ask that the testimony which the democrats expect to secure from these boxes shsll be thrown out on this account. Eleven witnesses Identified their ballots today am) all but one picked out their ballots from a number of others. The ballots'ldentlfled today were selected from several precincts and had beep de clared fraudulent by three different experts. COSSACKS USE BAYONET s General Kouropatkln Reports Attack in Which Bussiani Are Successful. RUSSIA CANNOT NOW CONSIDER PEACE Diplomat Says There Has Been So Change of Poller Since Offer f Mediation Was Rejected. ST. PETERSBURG., Feb. 7.-Oeneral Kouropatkln reports that a detachment of Cossacks commanded by Prince Mugaloff attacked a village occupied by the Japanese the night of February 6, bnyonetted fifty men and retired without sustaining any loss. The Berlin Tageblatt today printed a report to the effect that Emperor Nicholas recently found In his study a letter threatening him .with assassination. An Investigation of the rumor ellcted a semi official statement that It waa unfounded. The lull In operations In Manchuria con tinues. General Kouropatkln reports se vere frost. The Associated Press corre spondent at Tslntschechld describes a raid by a small Russian detachment across the Taitse river, threatening communications to Feng Vang Cheng and causing a panic among the Jppanese. General Kouropatkln modestly and laconically describes this feat aa an attack by the Russian left. Russia Cannot Consider Peace. LONDON, Feb. 7.-The charge d'affaires of the Russian embassy informed the As sociated Press today that there Is no basis for the rum.irs of peace prospects. The Russian attitude, he declared, had not changed. Peace could not be consid ered under the present conditions. The Foreign office artochca no credence to the renewed rumors of prospects of early peace In the far east and Informed the As sociated Press today that the situation, so far aa the British government ia aw,re, has not changed. Will Insist on "Open Door.' WASHINGTON, Feb. 7. In view of the revival of reports from European capitals to the effect that there has ?en a re newal of efforts on the part of the powers to find some basts for Intervention In the Interest of peace In the far east, inquiry has been made here in official circles to ascertain the position cf the government respecting such a movement. The State department has made no over tures recently to either of the Interested powers, r.or does It know officially of any such movement In Europe. The position of this government has not changed In any respect and it would welcome a set tlement of the present disastrous conflict either by means of direct negotiations be tween the belligerent powers or through the medium of an International confer ence. But, no matter which course Is followed Ih arranging the terms of peace, the one point upon which the United States government will Insist, is that both Rus sia and Japan shall, in the settlement, live up to the terms of the undertaking to which both of them have subscribed, that the Integrity of China shall be re spected and the equal right of all powers in China recognised, Including distinctly "the open door." NEW STARS ON FLAG (Continued frpm First Page.) Paeantonln and Grip Follow Snow. LAXATIVE BROMO OUININE prevents Pneumonia and drip. Call' for the' full name and look" for ths signature of E. W Grove, Kc, tomary seat on the front row on the re publican side, but made no sign. v Mr. Bailey spoke In opposition to the union ofrOklahoma and -Indian Territory. Ha said if Texaa had had sufficient popula tion in' the beginning it would In all prob ability have ben divided into five states. Mr. Carmack offered an amendment elim inating the provision in the bill requiring the adoption of a constitution by the state of Oklahoma, many of the provisions of which shall be Irrevocs.ble without the con sent of the United States. The amendment was agreed to on a viva voce vote. Vote on Bard Amendment. Mr. Bard then proposed an amendment providing for the admission of New Mexico as a state In accordance with its present boundaries, the effect being to eliminate Arizona as a part of the proposed statd. The amendment waa In the language of the amendment formerly suggested by Mr. Patterson and was offered aa a substitute for the provision In the bill admitting Ari zona and New Mexico as one state. The reading of the amendment consumed considerable time and waa followed with Interest, as It was realised that It probably would furnish the first test vote of the dsy. Mr. Bard explained the provisions of the amendment and a number of senators spoke for or against It. Among the senators speaking, for the amendment were Messrs. Newlands, Hey burn, Bailey, Elklns, Morgan, and among those opposing, Messrs. Hopkins and Spooner. The vote on the amendment for the sep arate admission of New Mexico was then taken, and It was carried 42 to 40. It was evident from the outset that the vote would be close and the progrjss of the ballot was followed with deep Interest. The result evidently was a surprise to the advocates of the house bill, and Its announcement was followed by many cohfvences among them on the floor of the senate. Whl'.e these were In progress Mr. Mc Cumber proposed aa a substitute for the provision admitting a state composed of Oklahoma and Indian Territory combined an amendment admitting Oklahoma alone as a state. Mr. McCumber supported the substitute and Mr. Beverldge made an earnest plea against It, saying that it strikes at the entire measure and deprives the people of Indian Territory of the relief they so much .need. Mr. Bailey and Mr. Bate spoke for the amendment. It waa de feated. 46 to S3. Mr. Galllnger offered an amendment that It require a majority of each Oklahoma and Indian Territory to adopt a constitu tion for the proposed state of Oklahoma. A motion by Mr. Hale to lay the amend ment on the table was carried, 41 to 31. Committee Rises. The proceeding on the bill throughout the day had been In commlttea of the whole, but when the senate, at 7:15, re sumed Its sitting aa the senate, Mr. Spooner gave notice that he would demand a separate vote on the Bard amendment for separate statehood for New Mexico. This notice under the parliamentary prac tice of the senate had the effect of reviv ing that question and It waa again taken up and amendmenta to the provision ware declared to be In order. One of these waa offsred by Mr. Dubois and was s reservation by congress of the right to legislate on the subject of polyg amy. It was voted down. An amendment waa proposed by Mr. Kearns, providing that all that portion of Arlsona lying north of the Colorado river shall be annexed to Utah. The ayes and nays were ordered and the amendment waa accepted, S8 to S3. The vote waa then again taken on the amendment to admit New Mexico to sepa rate statehood. This time the amendment waa lost by a tie vote. Mr. Bacon then offered an amendment eliminating Arlsona and New Mexico en tirely from the bill. The amendment was adopted, S8 to 3. Mr. Bard then. In slightly different form, renewed his motion to admit Near Mexico aa a separate state and the motion pre vailed. 40 to 37. One of the affirmative votes was cast by Mr. Beverldge. He had originally on this csll voted In the negative, but seeing that he was defented he changed his vote In order to be In position to move to re consider the vote, which he did when the ota waa announced. He spoke In sup port of this motion. Mr. Foraker moved to lay on the table the motion to recon sider, and that motion prevailed. 39 to 38, the only change from the previous vote being that of Mr. Beverldge, who voted In tho negative. This was the last roll call. The bill as amended before was passed without di vision and on motion of Mr. Foraker the senate at 8:50 p. m. adjourned. IIOISE DISCISSE9 FREIGHT RATES Mr. McCall Makes Speech Oppoalnsc Proposed Legislation. WASHINGTON, Feb. 7. The feature of the debate In the house today on the freight rate bill was the speech of Mr. McCall of Massachusetts, who In opposing the proposed legislation declared that It was not to be Imagined that the supremo court would stand between the govern ment and its victim, following that utter ance up with the statement that the courts usually reflected the policy of tho party In powr. The views of the speakers aa to the legislation needed were many and varied, but with the exception of Mr. McCall and Mr. Sibley of Pennsylvania, all were agreed that the time had arrived for the granting of relief. The names of William J. Bryan and President Roosevelt figured prominently In the discussion, the allega tion being made from the democratic side of the chamber that the president In his recent message to congress on the subject o rate legislation only reiterated the views of Mr. 3ryan and the decimations of tho democratic party in three national platforms. In accordance with the rule sdopted yes terday, the house. In committee of the whole, convened or.i hour earlier than us:al, he exclusive business for the day being debate upon tha bills regulating freight rates. Mr. Richardson (Ala.) con tinued his speech begun yesterday. He discussed the legal points involved, It was, he said, in the federal courts that the railroads get their protection. The special court proposed by the Townsend bill he characterised as a fifth wheel In the Judicial wagon, with no necessity for It except to embnrrnss the movement for equalising rates. Mr. Richardson denied that the Davey bill embodied any of the provisions of the so-called Hearst bill. Mr. Ralney (111.) vigorously asserted that It would not have hurt the Davey bill If the democrats had Incorporated In it every provision of the Hearst bill because It represented the "present progressive and radical tendency of the democratic party In the United StateB." Ho supported tho Townsend bill because It was more In har mony with the radical tendencies of the democratic party and opposed the Davey bill becauss It did not provide for a special court. Mr. Stevens (Minn.) threw the brunt of tho responsibility for the present condition of affairs principally upon the railroad directors, who, he said, did not seem to realize their relation to the public, but had only the one thought in mind, of a aulfi- clent financial return for the Interests they represented. The traffic managers, he de clared, were obliged to earn the utmost out of their properties in order to hold their positions. Manyjpf these men, he said, had told him that neither the president nor directors of their roads had ever directed them to change a rate.. He would support the. Townsend bill, but he anticipated It would not afford much help to the shipper In Its present form.. It would, he said, operate more psychologically than actually. The first voice raised against the rate legislation waa that of Mr. McCall of Mas. suchusetts who maintained that It was In compatible with the fundamental principles of private property. The granting of au thority of the Interstate Commerce commis sion to fix rates, he said, waa crossing the line between regulation and confiscation In a manner that outrages the most patent principles of Justice. Further opposition to rate legislation at this time came from Mr. Sibley of Pennsyl vania, who called upon his colleagues to pause and ponder before they acted. After listening to a message from' the-l president recommending a board of survey for the Philippine archipelago, the house, at 6:36 p. m., adjourned until tomorrow at 11 o'clock. WORKING FOR WOMAN'S LIFE Woman's Christian Ttmpercnco Union and Others Interested in Murderess. GOVERNOR IS POWERLESS IN THE CASE Board of Pardons Milt Make Recom mendation in Writing: Before He Can Commute Sen tenre of Death. HARRISBI RG, Pa., r"eb. 7. So numerous have been the requests from all over the country from people who want Governor I'ennypacker to commute to life Imprison ment the sentence of Mrs. Knte Edwards, who is to'hc hanged at Reading on Feb ruary IS, that It has been-fonnd necessary for tha executive department to prepa-o a circular letter In answer to these 10 quests. , This letter quotes the statft constitution to show that the governor has no powtT to commute a death sentence to life im prisonment, except upon the' f ernmnu-ml -tion In writing ot the Uoard cf 1'irdons. The press department or the Woman's Christian Temperance union has written that It Is trying to get concentrated action on the present entire association In tho matter and that It will use every effort in Its power to save tlie condemned woman from the fate that overshirows her. Attorney Lents mnl'ed today to tho Board of Pardons at Harrls'ourg the peti tion to have the sentence of Mrs. Edwards commuted. Ho will call on Governor iVn nypneker tomorrow in nn endeavor to get a reprieve, and John H. Rothermel, Counsel for Samuel Grenson, her negro accomplice, will go to Harrlsbttrg on u similar mission on Thursday. Headache and eurnlln from Colds. Laxative Bromo Quinine, the world wile Cold and Grip remedy, removes the caun-. Call for the full name nnd look for signa ture of E. W. Grove. 2,"c. . DEATH RECORD. Anthorlses Canal In Germany. BERLIN, Feb. 7. The lower house of tha Prussian Diet today passed the bill authorising the construction of tha Rhine- Weser canal, with an extension to Hanover. VALUE OF LAWYER'S SERVICES Case IuTOlTlna; Opinions Tried and Taken I'nder Advisement by Judge Vinsonhaler. A quiet little session of the county court was held Tuesday afternoon, with attor neys as tha litigants. Assistant City Attor ney Elllck had presented a claim for 1760 as compensation for wervlces rendered aa administrator of the estate of Sophronla Jones, deceased. Tha heirs objected to the figure charged by the administrator and the hearing was as to the fair value of the services rendered. -Several lawyers were put on tha atand and the examination and cross-examination proved that lawyers may, like doctors, sometimes disagree. Incidentally, It waa developed that a sale of a cheap article may sometimes take as much time and require aa much or more finesse , than the sale of an article worth many times aa much; also that the resist ance of a small claim In court may con sume aa much effort and call for the ex penditure of aa much gray matter as to defeat a claim for many times' tha amount. Tha attorneys were markedly courteous and conciliatory in their method and man ner with ea!h other. In fact, the exhibi tion of professional consideration was edi fying to a degree. And finally ths court took the matter under advisement In the mapner that one diplomat might use to ward another In weighty affairs of state. Farmers to Meet at Hnroa. HURON, S. V., Feb. 7 (Special.) Ar rangements have been made for the hold ing of a two days' farmers' Institute here on March 1 and 2. A program haa been mapped out and Invitations sent to some of the best known agriculturalists In the northwest to be present. Hon. M. F. Greeley of the Dakota Farmer, Prealdent Chalmers of the State Agricultural college and a number of professora from that In stitution will be present and take part in discussions of topic pertaining to farming and general agriculture, and everything points to a large and Interesting meeting. Elks Celebrate Anniversary. The Elks last evening celebrated tha nineteenth annlventary of the Omaha lodge In an Informal banquet. There are five of the charter members of the lodge now living. W. B. Taylor was presented an Elks' emblem as a token of apprecia tion of his work for the lodge. Judge Vinsonhaler acted as toastmaster and sev eral felicitous addresses were delivered. ff&vejromo flam! Car aCoMlnOnaDay, Crista 2 X II J4am no Day. oa ovary Colonel H. A. Moore. OTTL'MWA, la.. Fob. 7. (Special.) Colonel R. A. Moore, for three terms a member of 'the house of representatives, died at his home in Bloomfleld today nt the age of 84 years. He was s.rgearit-at-arms of the house for several yenrs nnd Is con sidered one of the most brilliant oratifrs ever In tho Iowa legislature. He was u veteran of the civil war nnd was at one time a prisoner In Andersonvllle. He was captain of Company G of the Second Iowa and later lieutenant colonel of (ho Forty fifth during tho war. For some time ho was postmaster at. Bloomfleld, before which he was a merchant there. Adolph Albright. NEBRASKA CITY, Neb., Feb. 7.- (Spe cial.) Adolph Albright, a plo.-eer ri sldent of this city, died at 10 o'clock "f:-erday morning of paralysis at tho home of his daughter, Mrs. Oswold Wlrth, wot of this city. Deceased was 71' years old and e.imo to this county from his birthplace In Ger many In 1866. Joseph II, Sin n ley. AUGUSTA, Me.. Feb. 7.-Joseph II. Manley, former chairman of the national executive committee of tho republican party, died suddenly at his home hera today. Apoplexy was the cause of death. The funeral will be held Friday. Power Company's Dividends. NEW YORK, Feb. 7. A dividend of 3 per cent has been declared on the preferred stock of the International Fewer company. This makes 9 per cent declared this, y.'ar. and reduces the unpaid dividend on tlie preferred Btock to H4 per cent. Including today's dividend the company has de clared 15 per cent since October hint. Qray Hulr Is a Ba to Employment ad to Pleasure YOUR GRAY HAIR HOT WANTED But there if relief from it In Four Days it can be Restored To Its Natural Color by using 4 -Day 'Hair Restore It Is not a dye, but In a natural way It acts on the roots, compelling the secretion of the pigments that five life and color to the hair In four days If a bottle, at all druggists. If roa aava aaf defects of skin, acalp or osm ftaalih. writs me. Corrsaooadaaca solicited. firs. NETTIE HARRISON, Dermatologist 140 Oeary SU, Saa Francisco 1 J West J7tn St New York Cltj For aa! by Bherman McConnall Prug Co., S. w. Cor. 16th and Dodge, Omaha. AMUSEMENT TODAY AT SiSO TONIGHT AT 8ilB Otis Skinner aa "Tna oypsy Kover In the Pletureequ Play Ghe HARVESTER. Coming-MILDRED HOLLAND. KRUG THEATER I PRICES, IBc, 2Se, Mo and 75e. MATINEIC TODAY A iKATS S5o TONIGHT. 8:11 BIM.Y B. VANInst two- times in THE ERRAND BOY A Poaltlve Hit Ask Anybody. PRETTY GIRLS AND LOADS OF THEM. TOMORROW ROSE MELVILLE IN SIS HOPKINS CrtiiehTOrf afA ft NEW 'PHONE, 44. Night Matlnaas Thnr., Bat., iua, MODERN VAUDEVILLE Miss Mabel McKInley. Wll y 7. rnmerman. Wolflng's dogs and horres, Van F0'n and McCauTey, Texana Sisters. Irving Jon.s, Murphy and Francis and the ktnodrome. PRICES lOc, 23o. BOc, A NEW BONNET FOR MARY Original Comedy. Dramatised by Miss Jessie H. Barton. CRCI6HT0N UNIVERSITY AUDITORIUM, 26th and California, ATlItDAY EVENING FEB. J1TII. Tlf'KETB, BO CENT. FOR SALE AT EEATON DRUG CO. Roller Skating , AT THE Auditorium AFT1CHNOON AND ISVliMNU.