Nebraska Newspapers

    TFIE 0MAI1A DAILY BEE.' "FRIDAY. MARCH 3, 1905.
694.
Bee, March 2, 1003.
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Redfern Style "S"
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Price $5.00
Y. M. C A. BoUdlmr. ' Comer Sixte.ntk and DougU Stfeetfc
nlng. Cady and Laverty of the senate:
derdea. Hogrefe,. Lord, reabody, Whlthall,
Ernest, Anderson of Hamilton, Mcl-eod,
Bender, Hoare, Bolen. Perkins. Meradlth,
Jones, Caldwell. rTshbaclc. Baddler. John
son. Doran, Bedford, Thompson, Davla,
Ilermnnsen, Luce, Junkin, Currie. McLeod
presided at the request of Chairman Ernat.
ROUTINE rHOtEKDINGS OF SENATE
Resolution 'for Constitutional Con
vention Is Killed.
(Prom a Start Correspondent.)
LINCOLN.' March" -lSpcelal.)-In the
committee tit the whole with Cady in the
chair, the senate this- morning Indefinitely
postponed Tucker's bill for a Joint resolu
tion calling for a constitutional convention.
The Vote waa 12 to . Sheldon moved the
bill be Indefinitely postponed and in hla talk
for hla motion he told that the same propo
sition had been voted on at the last elec
tion and the people had declared emphatic
ally that they did not want a constitutional
convention. Wall. Mockett and Jennings
each spoke against the measure. Wall said
he had worked faithfully in support of tha
constitutional amendments and ha did not
want thesa amendments killed by asking
for a convention. Tucker, Saunders and
Jones itpoke for the bill. Tucker said all
the lawyers were for It, while Jones said
the average man knew nothing about the
constitution and had not even read tha
present one. For this reason he said it was
a difficult matter t6 carry an amendment,
and therefore wanted 'a' convention. 3aun-
tiers said the state' had outgrown the con
stitution -and that something had to be
done. A number of amendments had been
killed by the legislature and if the members
would not take amendmenta he believed the
convention then waa the best thing.
B. F. 70, by Whaley,. allowing the owner
ship of electric lighting plants by cities of
the second class, was recommended for
passage..
8. F. 166, by Harsh, to prevent discrimina
tion by railroads In the matter of forward
ing cars to shippers, was recommended for
general file.
The following bills were passed:
H. R. 30, by Douglas of Rock-A bill to
permit rraternal orders to incorporate.
H. R. 6fi, by Burns-A bill codifying cer
tain sections of the Insurance statutes re
lating to tiling securities with the auditor.
H. R. 17, by Casebeer A bill to authorise
the tise of the State university cash fund
for the general uses of the university.
. H. by Knox A bill authorising the
Peru . Normal to buy .library books with
matriculation fees.'
The seuatt. resolved Itself Into committee
of the whole immediately after noon, with
Epperson of Clay In tha chair.
S. F. 21,, to regulate the passing of steam
engines along the public highways and over
Bridges, waa indefinitely postponed.
' It. R. 27, which exempts cemeteries owned
by private parties from taxation, waa rec
ommended for passage.
H. R. 90-The bill , provides that In
heritance .tax, now paid, into the state
freaap.-y . shall be ' paid to the counties
in whlc money la collected and used in
the improvement .of the public highways.
It was fecommended for passage after
Considerable debate. Cady objected to the
bill, holding that any general law by which
revenue was derived should not apply to
any particular county, but that all coun
ties should share In the revenue collected, i
He held the passage of the bill would es
tablish) a bad precedent. Jones, Sheldon,
Tvieker, Mockett and others spoke for
the measure.
S, F.. 40s Providing for the selection of
grand and petit Jurors, was ordered pre
sented for third reading. .
H. R. 61t-To provide an appropriation
for the burial of indigent soldiers was
recommended for passage.
The senate concurred' In the action of
the houa In killing the emergency clause
on 8. F. .8, the county engineer bill, and
also an the house amendments to B. F. 6,
the juvenile court bill.
'On reports of committees the following
bills were placed on the general file:
. 8. F 1S8, by Gibson South Omaha char
ter amendment bill.
8. F. 190, by Saunders Requiring that
plats of additions to cities and towns havo
attached Certificates showing that there
are no unpaid taxes.
S. F. 1, by Meserve Regulating contracts
for exclusive water works privileged fur
term of twenty-live years.
8. F. 144, by Laverty -To confer on cities
of the second class right of eminent do
main for sewers and clrulna.
. F; 173, by Thomas To require owners
of hotels not provided with tire escapes to
tlx permanently attached ropes in each
roomi
8. t 70, by Whaley To authorise small
cities and villages to Issue bonds for
municipal lighting plants.
B. Fi MS. by Tucker To cure defects In
title to. lots In vlllnges upon twenty-five
yearsunriltfputed adverse possession.
8. -,F- J'-7, 'by Epperson Providing for
paymerit of costs in police court in cities
of the irst class.
8. f . )67, by Tucker To authorise sale
of . school lands for school, church and
cemetery use.
8. y. , 166. by Harsh Requiring railroads
to provide aide tracks and cars to all
shippers without discrimination.
R. H. 71. by Scllley Regulating con
tracts for street lights and granting of
franchises fur such light In cities.
11. R. 71, by Cravens To authorise lay
ing of walks In cities and villages without
if card to grade.
U. R. 27. by Clarke Regulating affairs
Of cemetery associations.
H. R. 4S, by Warner Providing a uni
form plan of issuing teachers' certificates.
H. R. 49, by Ernst The twins factory
bill. .....'
HOP8r RESTORE ALL SALARIES.
Last Chans ' Blade ' la Commutes
Report Is Reversed.
(From a Stall Correspondent.)
LINCOLN. March 1. (Special.) When
the) house convened, at 10 a. m.. Hunker
riimlog. fuslonlat. offered a resolution
to reconsider the toU of yesterday by
m-hlrh the salary of the deputy secretary
of state, as Itemised in the-salary appro
priation hill was cut from si.suu v
The resolution carried unanimously, leav
ing the salary at 11,800. as fixed by the
committee. This was dons on the grounds
h.. other, such reductions were restorea.
H. R. I. by Dodge of Douglas, the Omaha
Water board bill, came back with the sen
ate amendments. Lee of Douglas saia an
th amendments were satisfactory to him.
but he desired to add one more, to provide
for no salaries to the water boara mem
bers until the city had acquired the water
works, and he wanted the bill referred to
conference, commute for this purpose
The speaker ruled that he might afk for
this privilege If the senate amendments
more not concurred In. The senate amena
ments were concurred In, and Lee did not
get the bill recommitted.
When 8. F. . by Beghtol of Lancaster,
tha county engineer bill, came up for pus-
sage, after having been once defeated and
revived by reconsideration, Lee raised the
point of order that the bill was dead, since
but fifty-one votes were cast for the recon
sideration of the former vote, thirty-three
members being absent Lee's point was
that It required two-thirds of the member
ship; and not simply of those present, to re
consider. The speaker overruled this point.
The vote on the bill, with the emergency
clause,' was 53 to 27, lacking fourteen
votes of two-thirds necessary to carry the
emergency clause. Clarke of Douglas moved
to strike out the emergency clause. This
carried and so did the bill by a vote of
54 to 25. .-.
These bills were then passed:
S. F. 87. bv Cadv of Howard Authorizing
State Board of Public Lands and Buildings
to sell a section of school land to uaruei
L. Johnson, now occupied by him.
8. F. 8, by Mockett of Lancaster The
Juvenile court bill. Emergency clause.
H. R. 20, by RlchardJon of Madison Ap
propriating 135,000 for rebuilding the old
wing of the Norfolk Insane asylum.
Emergency clause.
H. R. 136, by Horn of Nemaha Appropri
ating $32,000 for a fireproof library building
at the Peru Normal school and a heating
apparatus, sewer and steam tunnel conneu-
i tlons.
H. R. 166, by ward or narpy uiving me
right of eminent domain to electric and ln
terurban railway companies.
H. R. 110, by Junkin of Uosper To protect
trade and commerce against unlawful re
straints and monopolies and to prohibit the
giving or receiving of rebates on the trans
portation of pioperty.
H. R. Hi, by Copsey of Cug.ar To pron.blt
shooting of English, China or Mongolian
pheasants. Englbh and Belgian partnoges.
English black cocks or any other imported
bird.
H. R. Its, by Wilson of PawneeTo per
mit owners of contracts for lease of educa
tional lands to perfect their titles under the
law in force prior to 1879.
H. R. 219, by Burgess of Lancaster To
five warehouses a lien on goods left with
hem.
H. R, 139, by Jackson of Antelope Au
thorizing appeals from county levies to the
district court and emergency clause.
H. R. 18. by Meradlth of York To per
mit drainage by tiled or open ditch Into
national water courses.
H. R. 187, by Clarke of Douglas Chang
ing the ottering or giving of a bribe In
Jury cases from a misdemeanor to a fel
ony. , .
H. R. 210, by Clark of Douglas A re
called antl-pollcy and lottery bill, said to
be directed against suit clubs and emer
gency clause.
The house defeated H. R. 230, by Parker
of Otoe, by a vote of 47 to 43 under a call
of the house. It prohibited the sale of
liquor within 400 feet of a school.
H. R. 220, by Fitle of Douglaai giving pub
lishers property rights In news' twenty
four 'hours after its publication,'' was lost
by a. vote of U to 46..
Dodge of Douglas submitted a motion
that the house resolve itself into a com
mittee of the whole at 10 a, m., Friday,
take one hour at noon for recess and when
it adjourned it be until 2 p. m. Monday and
that no on be excused.
Dodge said this would give the members
time to go home and attend to private
business Saturday.
Jahnel of Washington said he observed
Dodge was absent a great deal. Other
members thought It was the duty of the
members to give the state their time.
Dodge withdrew that part of the motion
relating to excuses. While this motion
was pending Jones of Polk moved to ad
journ and the motion prevailed at 4:20 p. m.
EFFECT OF ARTS IN SCHOOLS
ialumot
Mima
a
Poivdor
Perfect In quality.
Moderate In prloe
Director of Manual Training In Itew
York Speaks Hlarhl
of Tkin,
MILWAUKEE, March 2. James P.
Haney, director of manual training in the
Boroughs of Manhattan and the Bronx of
New York Ctty, read an interesting
paper before the department of ' superin
tendents National Educational association
convention today. The paper treated on
manual training In the elementary, high
school andxollege curricula, and was illus
trated by a series of charts, ; . .
'The Arts," (drawing construction 'and
design) act as a moral and disciplinary
agent through the periods of development,"
said the speaker. "They cultivate habits
of cleanliness, system nd order They
Inculcate perseverance sndjjioti .rup Ideals
of. aclf reliance and honestr'Tney , lead
by interest and ' are undertaken, willingly
and with avidity. Discipline in their pres.
enoe. becomes mora natural' and rational
the atmosphere of lh school room is mad
by -these, lea abnoraial, Xbey give pleasure
in their doings, and serve to keep the child
In school." . ; . - , ' .
Miss Jan Addams of Hull House. Chi
cago, the well known aoaiai worker, spoke
briefly regarding the child laborer and as
sertd that the stat had a right to expect
more help than It 'had received from the
great body of publlo instructors.
Miss Addams was followed by Calvin M.
Woodward of St. Louis, Mo., who. spoke
on mental training.
The convention adjourned sin die after
passing a resolution pledging Itself to us
Its best endeavors to secure sufficient
compensation to enable teachers to prepare
themselves properly for their work and to
Justify them In remaining permanently In
the profession of teaching.
I.ca-lalators Before Grand Jary.
INDIANAPOLIS. March . Thirty mem
bers of the Indiana legislature testified to
day before the grand Jury In the bribery
investigation. Each member stayed but
a few minutes, and one member coming
out of the room SHid hs knew nothing about
any bribery In the legislature, either at
tempted or accomplished.
llTLER HEARING BROADENS
Kith Interesting Testimony Secured Re
garding the State Architect
NEGLECTS STATE FOR PRIVATE WORK
Mark of that Dona lader Ills Direc
tion Was Along; Extravagant
rinna. According; to Testi
mony of Witnesses.
(From a Staff Correspondent.)
LINCOLN, March l-Speclal.)-The sub
committee of tha claims committee prose
cuting the Investigation into the state
architect matter Is accumulating consider
able evidence relating to Mr. Tyler's
methods of conducting the affairs of his
office for the stat and for himself. Today
the committee listened to testimony by
Architect Craddock of Lincoln, who said
Tyler while state architect had engaged In a
great deal of outside business for himself.
It also heard Thomas E. Htbbard, chairman
of the visiting board. He said things under
the supervision of Mr. Tyler at the Milford
home were In a bad condition. He cited
on case where a stream waa pollute. i with
sewerage and the water then pumped back
for domestic use. The attention of the
committee waa called to a claim for $11,700
In the deficiency appropriations bill put In
by Tyler for the construction of a tunnel to
carry one-elghth-lnch pipe for heating at
this home. The committee is informed that
th legislature, nor any other authority,
ever ordered this work, and Mr. Hibbard,
who stands 6 feet, declared that he ac
tually stood erect and walked through this
tunnel. The further the Investigation goes,
the committeemen are reported as saying,
the worse things look for Tyler.
Scope Is Widening.
The scope of this investigation is widen
ing day by day. Governor Mickey has
given testimony before the committee and
it Is understood he told many things dam
aging to. the record of the architect. Slate
Treasurer Mortensen also has testified.
Rev. L. P. Ludden and' T. J. Majors told
the committee they were unable to get the
state architect for work at the Peru Nor
mal school, except when they advertised
for plan and specifications to be paid for
in cash. Then they said Tyler submitted
plank and asked for pay, the pltms being
submitted to Mr. Ludden. At both the
Peru and Kearney normals, they testified,
It had been necessary to employ an outside
architect. Mr. Fiske, an architect of.Lln
ooln; General Gage and W. P. Hestor also
have given testimony to the committee and
they stated Instances where Tyler did out
side work while holding the state office.
.The committee la In receipt of such In
formation of a number of buildings over
the state where Tyler had submitted com
petitive bids with other architects at a time
when he wss employing extra help In his
office at the state bouse and for which
help he submitted claims to this legislature.
Representative Ferrar and Senator
Shreck of-Hall and York counties respect
ively testified before the committee in a
meeting tonight at the Lindcll. hotel. It
was learned before the meeting that Mr.
Ferrar was expected to state that Tyler
had secured the adoption of his plans for
the new library building at Grand Island,
a private Job, and owing to a misunder
standing with the contractor waa frequently
up there looking aftar the work. Senator
Shreck was expected to tell that Tyler,
while state architect, had, gone to York
and spent a day or two trjlng to secure
the adoption of his plans for a new school
building. The senator is a member of the
Board of Education in his couuty, or was.
This meeting tonight, like all the others
of th committee, was executive and It
waa not possible to secure confirmation
that the tw6 legislators' did give the testi
mony which It was learned beforehand
they were expected to give, but it Is sup
posed things went off as planned.
Favors Certain Materials.
Specifications are on file in th land com
missioner's office showing where Tyler has
favored certain manufacturers of brick and
Other building material and that he prao-
tlcally has eliminated all- competition be
cause of the simple fact that but one bid
der could supply the kind of material speci
fied in the plans.
Btate Treasurer Mortensen, a member of
the State Board of Publlo Lands and Build
ings, testified that the board hod been held
accountable for many mistakes which Tyler
made. He admitted the expenditures made
for the Milford home were one succession
of errors. He made the cnustlo assertion
that In his Judgment a good carpenter at
a salary of S1.200 a year would be a great
Improvement over Tyler. Mr. Mortensen
said he had frequently questioned Tyler
about the affairs of his office, but had no
way of "arriving at the truth."
The feeling Is growing more pronounced
every day' against the methods Tyler has
pursued and that he will be ousted and his
office abolished seems unquestioned.
A subcommittee of the senate railroad
committee is wrestling with a conatltu
tlonal proposition. 8. F. 92 provides that
electrical railroads shall have the power
of eminent domain. It Is proposed by the
committee to amend the bill so that in
laying its tracks the , Interurban Railroad
company will be compelled to bridge over
or go under tracks of other railroads
which It crosses. Th matter - has been
referred to a subcommittee to see if suoh
an amendment is germnln to the bill and
whether stich amendment would make the
bill unconstitutional.
The senate committee reported bock to
tke senate for general file this morning
H. R. 4, the bill to establish a binding twine
plant at th penitentiary. ' The committee
amended the bill so that the 2200,000 to start
the plant shall be raised by an issuance of
state bonds. These bonds are to be bought
by the permanent school fund and are to
bear 2 per certt Interest.
Former Senator B. W. Reynolds of Dodge
county, a member of the last session, is
here today to work against the passage of
8. F. 178. This Is the bill introduced by a
special committee defining what property
Is exempt from taxation. The bill does not
except the private normal schools, of which
on In located at Fremont. The senator
wanti this class of property exempt from
taxation.
mm
What 9s the Difference
THE question many a 'five
dollar hat-man hat asked
after trying a McKibbil?
The "Difference1 is worth laving
If you've been wearing a Five
Dollar hat, put on one of tha fa
mous standard, fully guaranteed
M
Iiafs
the next time you're hat buying and
. see if you can detect any difference
in any thing but the price.
S3 Live Dealers $3
Monday night, no candidate having been
agreed upon. A proposition to mske
Warner, who received the highest vote to
night, the candidate for tomorrow in Joint
ballot, was defeated.
ALL RUSSIA IN TURMOIL
(Continued frorit First rage.)
place In several parts of the city during
the afternoon.
At the leather enamel works two work
men fired several shots at two of the dlrec
tors as the latter were leaving the factory.
The shots did not take effect and the as
sailants escaped.
A military patrol attempted to arrest
some striking Jewlnh shop assistants, who
were engaged in forcing shopkeepers to
close their premises.' The strikers fired on
the patrol repeatedly, but without Injuring
any of them, and then escaped.
During the day tne police arrested 840
striking Jewish shopkeepers and assistants.
May Stop Una Supply.
The question of gas supply Is causing
much alarm. The director of the company
today notified the governor general that
the stock of gas on hand Is sufficient to last
only till Saturday. -Unless the government
Intervenes and compels the strikers to re
turn to work the city will be In darkness
by Sunday night. The gasworks have been
operated by soldiers for four weeks past,
under the supervision of foremen who did
not Join in the strike. In consequence of
the soldiers being without experience the
machinery has become so dirty that it will
be Impossible to continue the manufacture
of gas without qualified workmen. Th
foremen, who have been working forty-two
hours at a stretch, are unable longer to
bear the strain,
During this morning's disturbances strik
ers stabbed a foreman of the gasworks,
who died tonight. The other foremen are
panic-stricken and refuse to work longer.
Unless the authorities take action the
directors of the gasworks will telegraph a
report of the situation to the minister of
the Interior tomorrow and disclaim further
responsibility. If-appears that the chief
point of contention 1 the strikers' demand
for the discharge' of forty German engi
neers. The company Is a German concern
and hence refuses : to comply with the de
mand of. the trik-4rs. - In view of possible
disturbances on, Saturday and Sunday the
Ifas complications, are adding greatly to the
danger of th situation. .
o,ke Etn, Moscow.
MOSCOW. March 2.-The strike area In
the city and suburbs Is extending. There
are now 60,000 men out
Colds Canae Soro Throat.
Laxative Broma Quinine, the world wide
Cold and Grip remedy, removes th cause.
Call for the full' nam and look for signa
ture of E. W. Grove. 25c.
MISSOURI DEADLOCK STILL ON
Republican Caucus Vnable to Agree
I'pon Nomine to Succeed
Nledrtnghnns.
JEFFERSON CITT. Mo., Mareh t-The
caucus of republican legislative supporters
of Thomas it. Nledrlnghaus wss resumed
tonight in an endeavor to select another
candidate and effect a settlement of the
deadlock On the Joint balloting for United
States senator. There were forty-seven
members present. The first ballot resulted:
Warner, 28: Dyer, ; Wamsley, 9; Nagle, J;
O'Bannon, 1; Self, 1; Burton, 1; Hill, 1; Had
ley, 1; Russell, 1.
. A number of ballots followed with prac
tically the same result, when the names of
several of the candidates began to drop out.
Twenty-three ballots wer taken, the final
ballot resulting: Warner, 19; Dyer, 6; Me
Indoe, 3.
Th caucus then adjourned to mrtt again
I
MISSOURI RATE LAW HEARINGS
Knnsn. city Shipper. S.y Proposed
Measure Will Work Serious
Injury to Their City.
KANSAS CITY, March 2.-fhe State
Board of Railroad Commissioners was in
session here all day, listening to the evl
denee of local shippers relative to the pro
posed maximum freight rate schedule. The
testimony of the shippers here did not favor
the proposed schedule, all of the witnesses
saying that it would work a serious injury
to the business interests of Kansas City.
At the conclusion .of the hearing here tc-
night the commission Invited the Kansas
City shippers to send representatives to the
final hearing to be held at Jefferson City
March 14. The commissioners will hear the
evidence of shippers in other Missouri cities
on the following dates: March 3, St. Joseph;
March 4, Jopltn; March , Springfield, and
March 7, St. Louis.
RAILROAD BILL IN KANSAS
Conference Committee Agrees I'pon
Senate Dills Which Will Be Re.
ported to Both Houses Today.
TOPEKA, Kan., March I. A railroad bill
has been agreed upon by the house and
Senate conference committee and will be
reported to both bodies tomorrow. The con
ference committee has agreed on the senate
bill with an amendment providing that the
assistant attorney general to be appointed
under the provisions of the law shall have
authority to make complaint against any
railroad which he believes is charging ex
cess rates for freight. The bill is prac
tically as it left the senate, except the
prosecuting attorney is given more power
under the amendment. '
FOUR REPORTS AT DENVER
Gubernatorial Contest Committee Very
Much Divided as to tha Facts.
CHAIRMAN STANDS WITH THE DEMOCRATS
Reaches Conclusion In Different Man
ner, hut Derides that Adams
Should Be Retained, While
Majority Want Peabody.
DENVER, March 2. Four reports were
filed with Lieutenant Governor Jesse A.
McDonald by the gubernatorial contest
committee, to be presented today to the
Joint convention of the general assem
bly, which will decide after hearing argu
ments, whether or not Governor Alva
Adams shall surrender his office to former
Governor James H. Teabody, who con
tested the election.
Fourteen republican members of the com
mittee, a majority of one, finally signed
the report in favor of ousting Adams and
seating Peabody, which wss prepared by
counsel for Peabody, but six of these com
mltteemen declared that they reserved the
right to vote as they saw fit after hearing
the arguments In Joint convention. They
said they signed the report merely to get
the matter before the assembly. At the
final meeting of the committee yesterday
afternoon for consideration of the contest
the Peabody report waa signed by thlr
teen members. One of these. Represen
tative C. E. Dungan, subsequently with.
drew his signature, notifying Chairman
Griffith by letter that he had signed
"through misunderstanding." Two other
republican members of the committee, Sen
ator Alexander and Representative Alfred
Stewart, who refused to sign the report
at the meeting yesterday, changed their
minds during the night and their signa
tures were attached to th majority report
when It was presented today. Senator
Alexander nad previously filed a report
in favor of declaring the election of a gov
ernor null and void, creating a vacancy, to
be filled by the lieutenant governor. This
method of solving the difficulty received
no support from the other members of the
committee.
Democrat and Chairman Agree.
The nine democratlo members made a re
port recommending dismissal of the Pea
body contest, because no case had been
made by the evidence.
The fourth report, which may prove to
be the most important, was prepared by
William H. Griffith, chairman of the com
mittee, and bears In addition to his signa
ture, those of Representatives J. A. Mc
Intyre, C. E. Dungan and J. B. Thompson,
all of them republicans.
This report sets out that there waa
shown to have been fraud in forty pre
cincts In Denver, which was not disproved
by Adams. However, it also sets out that
Adams proved by his evidence that sixty
of the 104 precincts attacked by Peabody
were proven to be without fraud and that
the election in them' was regular.
On this account the report says Adams
still has enough votes to give him a good
sized plurality and election. The con
clusions are the same as those of the re
port submitted by the democratic members
of the committee, but they are reported
In a different way.
At the beginning of the report the
minority republicans recommend that the
contest filed by Peabody be dismissed, as
he did not receive a plurality of the legal
votes for governor. Chairman Griffith and
the three other representatives who signed
phe report find that there was much fraud
perpetrated by the democratic party in
Denver, but that it was confined to forty-eight-precincts.
They recommend that the
votes of these precincts be excluded from
the total.
"Facta In the Case."
The following are set forth as "facts:"
That the contestor asks that the returns
of 104 precincts in the city and county of
Denver be rejected.
That th only legal evidence of fraud
Introduced by contestor to sustain the re
jection of the returns from fifty-six of said
precincts was that of the experts on hand
writing and in regard to the practice of
fraudulent voters.
That so far as these fifty-six precincts
sre concerned the evidence of the contestee
most successfully discredited and contro
verted the handwriting experts and con
tradicted evidence of the contestor.
That to reject the returns from said flftv
six precincts Is to disfranchise ll,0u0 honest
voters without any Just or legal reason.
That if said flfty-alx precincts are not
rejected the case of contestor fails, even
though all his claims of fraud In outside
counties are sustained, by a plurality for
the contestee of 1,812.
The report says the evidence concerning
the outside counties ' was conflicting and
that Adams' plurality Is 3,819, "after hav
ing decided every question of doubt in
favor of the contestor."
That this conclusion was reluctantly
reached is evidenced by the following para
graph In the report:
Before closing this report the undersigned
desire to say that It has not been an easy
or pleasant task for them to file this re
port and thus dlfTer with their republican
colleagues on the Joint contest committee.
Their desire and inclination was to be able
to decide in favor of the contestor and Join
with their said colleagues In findings and
recommendations to that effect. They have
taken this step only after most mature and
deliberate consideration of the evidence In
the case.
Consideration of the reports of the com
mittee was postponed today by th Joint
convention of the general assembly owing
to the death of Edward O. Woloott, former
United States senator from Colorado. The
general assembly appointed a committee to
draft resolutions in memory of the late
senator and adjourned until tomorrow fore,
noon.
King, John W. Parker, Michael Sheedy
and Colonel W. A. Williams.
POLICY HOLDERS IN SESSION
Fight la Begun for Mutuallsatlon of
Equitable t.lfe Assurance
Society.
NEW YORK. March 2.-A committee of
policyholders of the Equitable Life Assur
ance society met today, with John D. Crlm
mlns, vice president of the City Trust com
pany, as chairman. The meeting was held
In the offices of Boardman, Piatt Soley,
counsel for th policyholders, and a bill tor
submission to the legislature and providing
for the mutuallsatlon of the Equitable so
ciety on radical lines waa discussed. An
other meeting will be held tomorrow, the
committee stating that a large representa
tion of policyholders will be present.
Mr. Crimmlns said tonight that It Is the
Intention of the committee to permit the
holder of a one-year policy for $1,000 to have
Just as much voice In the management of
the affairs as the holder of a large amount.
In a formal statement he said the com
mittee would ask the society for a list of
policyholders, particularly in New York
state. This request he believed would be
acceded to. He also Indicated that the
policyholders who met todny were In favor
of the mutuallsatlon of the company.
CZAR'S MEN DRIVEN BACK
(Continued from First Page.)
DEATH RECORD.
William Robyn.
BT. LOUIS, March 2. Wllllrfm Robyn, 1
years old, the organiser of the first sym
phony orchestra west of Pittsburg and who
tor many years had taken a leading part In
all musical enterprises In St. Louis, died
today at the residence . of his son. Prof.
Alfred Q. Robyn. Mr. Robyn was born In
Holland and cam to St. Louis In 1837.
Jnmea Smith.
NEW HAVEN, Conn., March 2. James
Smith, known widely to Yale graduates and
follower of Yale sports as "Pop," died sud
denly here today of heart disease, sged 87.
For a quarter of a. century or more he fig
ured as a "mascot" at various Yaio ath
letlo contests.
Mortality Statistics.
The following births and deaths have
been reported to the Board of Health dur
ing the twenty-four hours ending at noon
Thumday :
Births Max - Rubensfeln, 110 Bouth
Sixth, boy; William Baxter, S030 Marcy,
3lrl; Joseph Van Wle. iST8 Blnney, boy;
. C. Bchuits, 2602 Taylor, boy.
Deaths-Llllle Firth, 513 Vllllams. 19;
Mary Caka, 128 Poppleton avenue, 28 days;
Mrs. S.irah E. Ellis, 3S30 Manderson, 83;
Richard F. Fagun. 629 North Forty-first
avenue, 49; Catherine Daub. SHU North
Twenty-fourth, 64; Mrs. Crowe, 934 North
Twenty-fourth.
Always w Remember the fall Jam
HaxfttJve Uromo Qmxiino
CamCoUiaOntty,CtWm2 Day
OB vary
bos. aso
FUNERAL OF GECLS. B0UTWELL
Massachusetts Pay Honor to tbe
Memory of Distinguished
Cltisen at Groton.
GROTON, Mass., May 2. The common
wealth of Massachusetts today honored
the memory of George Sewell Boutwell,
once governor and formerly United States
senator and secretary of the treasury.
Numerous officials, coworkers and towns
men attended the funeral, which wa held
at the town hall, and clergymen of all
the religious denominations in Groton
participated In the service. . The state was
officially represented by Governor Douglas
and council and by delegations from the
state senate and house of representatives.
In addition there was present delegations
from the Grand Army of the Republic, the
town officials, the executive commlttse of
the antl-lmperlallstlc league of which Mr.
Boutwell I presldont, ten member of the
United Irish league of America and many
other minor delegations. For two hours
during th forenoon the body lay in state
at the town hall.
Mr. Boutwell' pastor. Rev. Pemberton
H. Cressey, of the Unitarian church, offi
ciated at th service, assisted by Rev.
George M. Howe of th Congregational so
ciety. Rev. Charles 8. Turner of the Bap
tist church, and Rev. Dr. Endlcott Pea
body, head master of the Groton school.
No eulogy was delivered, out of respect
of the desire of the Boutwell family.
As the body was borne from the hall all
the church bells In Groton began to ring
and the chimes in the chapel tower at
Groton school played a muffled peal. The
burial was In Groton cemetery. Th
honorary pall bearers were: Former Gov
ernors John O. A. Brackett, John D. Long
and John L. Bates and W. P. Wharton,
C. Blgflow, Erving Wlnslow, Oabrlel Brad
ford, Dr. Samuel A. Green, George A.
tlnued throughout March 1. The losses were
Insignificant.
Japanese Capture Villages.
GENERAL KITROKI'S HEADQUAR
TERS IN THE FIELD, via Fusan, March
2. During the night Japanese infantry
swept forward from the hills and took
three small villages in front of Wltosan,
on the plain close to the river, which has
been the scene of many outpost affairs.
One column advanced northeast and cap
tured the town oi Kodales, thirteen miles
from Wltosan. The engagement there was
not severe.
The aril lery duel Is contlnul g In the east
and is most active about Wltosan, but the
cannonading Is neither as heavy nor as un
ceasing as heard from the westward. The
batteries of both armies have maintained
their positions and are exchanging volleys
of shrapnel acros., the villages.
One village, which the Japanese occuplrd,
was subjected to a fierce bombardment of
solid shot, but the two companies there
stuck to their positions.
Japanese Cavalry Busy.
NEW CHWANG, March 2.-(V!a Tien
Tsln) A detachment of 400 Japanese cav
alry with one gun raided Sinmlntin, about
thirty miles east of Mukden, this after
noon. With the gun trained on the main
street, the troopers ransacked the railroad
buildings and Chinese Inns.
For months Sinmlntin has been the head
quarters of contraband trade and the Japa
nese heretofore have not Interfered.
On the arrival of the Japanese at Bin- i
mintln the streets were quickly cleared, the
Chinese went in hiding and the great crowd
of Greek and German traders became
panic-stricken, but the Japanese did not
touch their carts, which were waiting to
make a night trip to Mukden. Three Cos
sacks were discovered. One of them was
killed. The others escaped.
The Chinese report that previous to their
entry Into Sinmlntin tbe Japanese dis
persed a small body or Russian scouts,
capturing fifteen of them.
On the completion of their examination
of Sinmlntin the Japanese withdrew to
Pauchlatun. An engagement is expected,
as it is known that Cossacks are not far
distant.
Ten thousand Japanese troops are re
ported to be three miles south of Pauchla
tun, artd numbers of Japanese In Chinese
clothes are along the Koupantse line.
It la possible that the Japanese may seise
Sinmlntin, as It has long ben deneutral
ized, owing to Russian traffic there. There
are large accumulation of stores at Chen
chow and Koupantse.
Sinmlntin is now quiet. Th Japanese
hold all the roads, t On all sides are groups
of Chinese whispering together and ex
pectant camp followers who are anxiously
awaiting instructions to pass out with
their laden carta.
It is reported here that General Kouro-
patkln'a left has advanced six miles.
Eavelopes Russian Left.
HEADQUARTERS OF GENERAL REN-
NENKAMPFF, Near Madyadanl, Man
churia, March 2. Via Mukden, March I
All the Japanese attacks today on the
new Russian positions, a few miles north
of Oubenepusa, were successfully repulsed
but the forces defending the Russian left
flank were unable to withstand the ad
vance of the Japanese, who enveloped the
front and left The village of Kudyas!,
north of Hemanda pass, a few miles east
of the highway, waa captured by the Japa
nese during the afternoon. The retreat
of the division on Madyadanl la seriously
threatened.
Russian Left Dislodged.
TOKIO, March 2 (5:30 p. m.)-Advices
from the headquarters of the Japanese
armies in Manchuria show that the Japa
nese activity on the extreme right con
tinues. That wing is pressing forward and
Is dlBlodging the Russians.
A dispatch from headquarters says:
Our force In the Singklng (Yenden) direc
tion is occupying iaingnorneng and I nofl
pursuing the enemy northward. We cap.
lured large quantities of provisions a'
TBlnghoc-heng.
Our force at Henhsu Is rrnriiinllv rilalnrio-.
Ing the enemy from his position, thirteen
miles northeast of Bentslaputse, and from
another position seven miles northwest. The
nrst position is lour miles west of the sec
ond. Our force has pressed the enemy
northward of the Bhakhe river and has oc
cupied Bunmupaetzu, l laochlnhutun and
Sunhupoats, three miles north of Waito
mountain.
The enemy has many field and heavv
siege guns on either side of the railroad
neretoiore unused and Is now shelling us.
Japa Fear Russians Will Ran.
LONDON, March 8. A dispatch from
Toklo to the Daily Telegraph states that
th Japanese are endeavoring to force a de
cisive battle in Manchuria, but It is feaied
General Keuropatkln will retreat, fighting
a rear guard action.
Reports from the Bhakhe river Indicate,
says the some correspondent, that the P. us-
Investments
We nre continually fur
nishing our depositors
with good, safe invest
ments. Our facilities are at
your disposal.
4 PEIt CENT INTER
EST paid on deposits.
Oldest and Strongest
Savings Bank in Ne
braska. CITY SAVINGS
BANK
S. E, Corern 16th and Doug as Sts.
slan morale Is seriously Impaired and that
there are numerous voluntary surrenders,
not only of Toles and Jews, hut of recently
arrived European troops. They relate that
rumors are current In the Army that Gen
eral Kouropatkln has been recalled, and
knowledge of the Internal troubles In Rus
sia causes a deep Impression In the army.
Reports are current at Toklo, but not con
firmed officially, that- the Japanese hava
occupied Sakhallen.
Con I for Rojent vennk).
PORT SAID, March 2. Nine German cnl-
Hers chartered from the Hamburg-American
Steamship company proceeded to Jib
uti!, French Somalilano, today. It Is be
lieved they are on their way to Join Vice
Admiral Rojestvensky's squadron. Two
other steamers with stores have sailed for
the same destination.
(sar Receives Stoessel.
ST. PETERSBURG, March 2.-General
Stoessel was today received In audience by
Emperor Nicholas, who Invited hira to -luncheon.
New Phase of Delaware Deadlock.
DOVER. Del.. March 2.-For the first tlma
since the balloting for a United States sen
ator began at this session of the leRlslHtiire,
the Duponts were eliminated. Two ballots
were taken today as follows: Addlcks
Saulsburg, 13; L. Helsler Ball, regular re
publican, 9; Thomas Curry, union repub
lican, 5; Hughes, 6. Total vote, 4i. Neces
sary to a choice. 24. The assembly sepa
rated until tomorrow.
IV
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Now ready In our
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BROS.' SPECIAL
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Portraits and testimonials sent on request.
THE DERMA-ROYALE CO.. Cincinnati, a v
old by Beaton Drag; Co. and all
tvasTgslsts.
W i 7
AMUSEMENTS.
, H Iff I
J
4 'M
TONIGHT AND SATURDAY
Satarday Matinee
KYKLE BELLEW In
RAFFLES
"THE AMATEUR CRACKSMAN."
March R, O and 7
W.LLIAM COLLIER In 1 HE DICTATOR
DOYD'3 THEATER
TOMORROW MORNING AT 11 A. M.
An Invitation Lectare-Kecltal on
PARSIFAL
Will be given by
MR. Rl BIN UOLDMARK,
The Eminent Wagnerian Commentator.
Cards of Admission ran be obtained at
Box Office.
AUDITORIUM
lop's Cil'EIIS
Friday and Saturday Nights
and Saturday Matinee ;
Prices StRo, BOe and TDe. -Matinee
Adalts Stic, Children
nomimu'
THE GREAT ORPHEUM SHOW
Direction Martin Beck
Only Three More Times TONIGHT and
ATIHDAY MATINEK and NIGHT.
Mclnlyro and Heath. Spesaardy'a Rears
and fonies, Four Madcap. Clarice Vance,
The Latonas, Hmlil and Kesvner, and the
Four HuriiH.
I'll ICES lot. BSe, Klc.
KRUG THEATER
rKicius. c, c, too and .Sc. .
TONIGHT AT NilR
Oils It. Thayer and l.ertrnrie Bondhlll
In the (Inut Rural Comedy Drama
S W 13 12 T CLOVER
Sunday THK STAIN OF GUILT.