TITE OMAllA DAILY BEE: WEDNESDAY, MARCIT 9. 1003.
Telephone Oi.
Bse. March 7, 1905.
"The lalrnt of iufci In
nothing mor than doing
what you "" do well,
and doing . Well
thatever yav fio "
1 X
NEW
"VIYELLA"
FLANNELS
Xew Sprinxr 'Miles, of "Viyella" flanneU have just arrived.
The same unrestricted guarantee that they will not shrink or fade
in washing, goes with them. .
Price 75c Per Yard, 30 Inches Wide
NEW SCOTCH WAIST FLANNELS Tho lntest styles In embroidered dots
nd flgureSf ' .Tbfisa MU not shrink or fade if. gashed properly.
" ? Price-Only 40c Per Yard, 29 Inches Wide
Ye U. C A. Butidi Comer Sixteotk and DougUs Street
fore listing state rates cannot lawfully
be reduced by thin legislature.
Further on Mr. Holdrege says:
The fact Is, that by reason of competition
and the effort to make suitable rates to
Increase the volumo of traffic the present
tariffs in many of the agrleultural states of
the west are clearly Insufficient to pay any
net return upon the investment w.thout
the assistance of Interstate traffic, which.
In accordance with the l.'nited State court
decision, Is not an element for considera
tion in the probjema before a state legis
lature. . . m
The BurllhgKuwcompany operatea west of
the Missouri river about 4,500 miles of rail
road. Of these 2,610 miles are In Nebraska.
The traffic local to Nebraska Is only 2.
per cent of the traffic handled In and
through thta state by Oils company. The
net earnings upon this ftrictly local traffic
for the fiscal year ending June 20, 19C4. ware
S46B per mile, or 4 5 per ent upon a valua
tion of f 10,000. per mile, a valuation less
than one-half of actual ftost.
The state officials of Nebraska' compris
ing the State Board of Equalization last
spring sswessed our property at the average
valuation, of 238,746 per mile.
Says Returns Art Inadequate.
Surely, If our property Is worth w,745 for
taxation purposes, It should also le lor rate
purposes.
But we have not paid our taxes for 1904
upon this valuation of $.18,746 per mile and
the matter .now pending In the courts.
We have, however, mnue tenders, 76 per
cent of which have-been accepted aa part
payment, based upon an average valuation
per mile of $!8,100. But our net earnings of
$4,'8 per mile on purely local business only
amount to l.M per cent upon the valuation
upon which we are willing to pay taxes.
The net earnings of 409 per mile on
purely Iftoa! business Only amount to 1.18
per ceht upon the valuation per mile of
238,746 aa fixed by the Btate Board of Equal
ization for taxation purposes for the year
1904. These figures clearly cannot be con
sidered a fair rate of Interest upon tne
actual Investment.
Mr. Holdrege proceeds to say that freight
rates are fixed largely by natural causes,
and declares that no man can safely say
as a general prtpofcrtldri, fhat rates can be
raised W jer cent or any other per cent.
In this be. Is aiming at the commodity rate
bill, which Is conceded to have better
chances of passing the legislature than any
other bill of this class.
The house railroad . committee held a
meeting today' and decided to hold a public
meeting Thursday night for hearings on the
Caldwell and Harrington-Bedford maximum
freight rate bills; taking them up together.
It Is expected the railroads will have their
representatives present as at previous meet
ings. It Is said Chairman Roberta of the
railroad committee that the committee Is
not seeking to delay action by the house
on the commodity rate blU which already
has gone back to the house without recom
mendation. It is on general file.
Only Partially True.
Representative .Caldwell criticises one of
the points made hy .-Mr. , Holdrege in his
letter, namely, that rates in Nebraska are
lower .or aa idw as (n Iowa on the same
commodities.
'.'That 1s true," eay Caldwell, with re
spect to certain commodities, but not true
with respect to other commodities, as of
course Mr. Holdrege well knows. He knows
that while, naturally enough, rates Ik Ne
braska may be leas on some arises than
they are- In Iowa, at tr same time, on
other articles they are higher here than In
lows. Aa a matter of fact, aa a rule rates
are higher In Nebraska than In Iowa."
Mr. Caldwell inclines to the popular opin
ion of the" legislature that whatever legis
lation on rates Is enacted 'this session will
bs through the commodity rate bill and not
one of the maximum rate bills, but he Is
not ready'to accept the commodity rate bill
aa It. stands, nor without several material
amendments'. '
ROtTIJfBf 'PROCEEDINGS OP SENATE
Cady'a Bill Deflainjr Exemptions
, Cejusea Much Debate.
(From a Staff Correspondent.)
LINCOLN, .March 3.-(Special.) Judge
George Lpomls of Fremont, leader of the
minority of the house two years ago, spoke
to the members, of the senate In committee
of the whole this afternoon through the
medium of a letter which he sent to Sena
tor Mockett. Judge Loom is sent down a
protest to-8. P. 178, by Cady of Howard
county, (Which Interprets the section of the
constitution which provldejWhat property
shall be exempt, from "taxation. Judge
Loom la .pleaded In his letter that the bill
would be so amended that it would be
clear that tha Fremont Normal school
would be Exempt from taxation, he holding
as the stood U would tax this insti
tution. .
Dirlng the same discussion Saunders of
Douglas read a letter from County Assessor
Reed of Douglas county, stating that hs
had not assessed the Boylea Business col
lege last year, but that he Intended to
assess it this year, and expressing also tha
belief that the matter would have to go
through' the courts before the assessment
NOfiEJASTED
Prompt Action Is Pleasing
Many .Omaha Citizens.
Get down to the cause of everything.
Bad backs are caused by ; sick kid
neys. ' : .'--
Cure tJ3e kidneys, you cure the back
ache. ' :
Doaa's Kidney rills are for kidneys
only, j
No time wasted trying to cure other
troubleiv-.V
' Oinsjut eopla endorse their merit.
Mlss Scehl Mitchell. 415 South 11th
street, toy: '"After a fail I noticed my
back fretting occasionally, and finally
continually. It grew so that I could only
llo pt;rTect4y straight and very often
was forced to sleep on the floor In place
of uiy bed. Two boxes of Doau's Kid
ney Tills obtained at Kuhu & Co.'s drug
store, j comer' of l5tu and Douglas
struct; gradually relieved uie of the
aching until It Anally disappeared.
For ' sale by all dealers. Price CO
cents. I'oetei-MUuurn Co., Buffalo.
Itemeinber the name. Doau's and take
substitute, ;
would stand. Senator Saunders hoped that
the Cady bill would carry.
After a discussion which lasted for over
two hours the measure, with the consent
of its Introducer, was recommitted to the
revenue committee. Several attempts were
mads to amend the bill, but each attempt
failed. Roas Hammond, former ,' Senator
Reynolds and others have lobbied Indus
triously against the measure, believing that
It would cause the taxation of the Fremont
Normal school, a private Institution.
In defense of his bill Cady said the .mat
ter of property exempt from 'taxation had
been called to his attention by the State
Board of Assessment and Equalization, and
that the Judiciary committee falling to
bring in a measure aa the senate had re
quested It to do, he had drawn the bill
himself. ' '
The section of the constitution which the
state board desired' interpreted hie said was
an exact copy of the Illinois constitution
and his bill was almost, a Copy of the Il
linois statute, which "had' been held valid
by the supreme court pf Illinois on several
occasions. He said the time . had come
when the line-of demarcation should be
drawn between schools which were not run
for the profit of any Individuals and those
which were run for private profit. No In
justice would be done any person or any
school, he said, because - the -same law
had worked no hardship In Illinois and
the supreme court would hold undoubtedly
along the lines of the decisions of the Il
linois courts.
Saunders believed that unless some such
measure, was passed It would , not be long
before every dancing school, barber col
lege and other such institution would be
exempt from taxation. Gibson spoke also
for a measure that would tax these Insti
tutions. Dlmery spoke for the measure
and saw no danger In It.
The argument against the measure was
that It would be doing the state an Injus
tlce In that if a hardship was worked on
these private schools they would fall and
the pupils would have to be educated In
institutions which are maintained by the
state. Wall, Williams, Haller, Jones, Me
serve, Mockett and others made talks
against the bill along the same lines. Wall
made the statement that If the bill became
a law no church could conduct a school
without paying a tax.' ' Cady objected to
this statement and said H was not true.
"Don't these schools conducted by
churches charge tuition fees?" he asked
Cady.
Yes. sir;" was. the answer. .
"Well, Isn't that running a school for
profit T" triumphantly asked Wall.
"But who gets ttus. tuition money?" asked
Cady.
VThe church, of course"" said Watl.
"Then the' school Is nb run 'for profit
and these schools would not have to pay a
tax."
Wall was still unconvinced and ' made
a lengthy and able opposition to the bill.
S. F. 1G2, to assess live stock in May, was
recommended for passage.
Fries of Valley presided while the
senate was in the committee of the whole.
The senate spent the entire morning In
passing these bills:
8. F. 96 Allowing complaints against open
ing Of rOadS tO be flier! In Aiuli-lo, nnurl
alod ftlvA?M.nat eourt oilgrinal Jurisdiction.
8. F. 97-FIxlng the term when milt sites
shall revert to original owner. ,
8. F. fi-Allowing the laying of sidewalks
in villages without regard to grades.
8. F. 70 Allowing cities of the second
class to own and operute electric, light
n and
8. F. 200 Leaallzlnar natannAthv an4 nra.
scribing examination of those who intend to
yiumu-B eucn a profession.
8. F. 180-To make state historical so
ciety custodian of public records of a his
torical nature. - ,
8. F. 10j8-Frovldlng for. the. selection of
grand and petit Jurors.'
8. F. 166 To establish a state board Of
veterinary medicine.
8. F. 137 Making It lawful to serve a
summons on any agent of a foreign cor
poration doing business in the state, and
making the summons binding on the cor
poration. H. R. 44 Any person" who shall deposit
refuse In any drainage ditch shall be liable
for damages.
H. R. life Making fire escape laws appli
cable to thiee-atory buildings.
HOVSE INDCLGE8 IN DEBATES
Nothing Speetacalar. Ocenrs, bat Sev
eral Measures Contested.
(From a Staff Correspondent. )
LINCOLN, March T.-t-(Special Telegram.)
The house convened at 10 a. m. and
passed 8. F. 69, by Jones of Otoe, to pro
vide for annual correction by county
boards of evident and gross errors in the
valuation of real property. Tha present
law makes this once In four years.
H. R. 164, by Ernst of o,ison, limiting
the number of saloons in towns of 1,000
or less to three, and more than 1,000 to
four, waa Indefinitely postponed on recom
mendation of the committee.
Indefinite postponement In the committee
of the whole also was the fate of 11. R.
123, by Anderson of Hamilton, allowing
electors to express their choice tor United
Statea senator at a general election.
Foster of Douglas took exception to
H. R. 226, by Hogrefe of Richardson, to
prohibit bucket shops, fearing It would In
jure the legitimate grain interests of
Omaha. The author or the bill assured
the house the bill could have no such
effect; that Its only purpose was to shut
off illegitimate gambling pools.
Further consideration was asked for the
bill.
H. R. 12, by Parker of Otoe, prohibiting
a saloon within 400 feet of a public school,
waa recommended for paaage. Lee of
Douglas objected to tha bill because It
did not Include all schools, saying the
stats was as vitally Interested in the
morals of private school children ss those
of publlo schools.
Tht committee of the whole spent a
large part of tha afternoon in debating
H. R. 276, a committee reapportionment
bill, drafted from the -original. McAllister
bill. The bill was finally recommitted to
committee.
McAllister led In discussion for the bill
and was supported by Douglas of Rock,
Dodge snd Clarke of Douglas and Jackson
of Antelope, whlls Wllion of Pawnes, Ca-'e-beer
of Oage and Cassell.of Otoe, spoke
against it Windham of Cass said ho fa
vored a reapportionment, but found objec
tions to certain provisions of this bill.
The promoters of the bill urged that a
reapportionment Waa demanded, . first by
the constitution and.' second by natural
needs of the state. The bill, they said,
had been drawn to suit the general needs.
Opposition was urged that this la the
year for the census, under the constitution,
snd not for reapportionment.
Tbs fusion member are opposr4 to reap
portionment until two years hence, when
they hope they may have control of the
legislature. Republicans are being re
minded and warned by friends of this bill
of this matter.
Governor Mickey submitted a bill to the
house to transfer 2800 from the clothing to
the repair fund at the Geneva girls' school.
The bill points out that repairs are greatly
needed and while there Is 21,776 68 In the
clothing fund, the repair fund Is exhausted.
The governor says the Board of Publlo
Lands and Buildings agrees with him In
this matter.
H. R. I, by Warner of Lancaster, occu
pied much time. It provided originally an
appropriation of 8100,000 for a subexperl
mental station at North Platte and the pur
chase of land for the university.
As the bill did not state what portion
of this sum might go to each purpose the
bill was amended appropriating 218,000 for
the purchase of land adjacent to the Uni
versity campus, 830,000 for the substation,
216,000 for library purposes and 87,500 for
poultry culture, cutting the total to 282,600.
Cassell of Otoe opposed an amendment
to cut the total to 2W.0O0, eliminating the
provision for the purchase of the land.
This bill had derived strength or Impetus
from the visit of the members of the
finance, ways and means committee to the
Iowa Agricultural college at Ames. Cas
sell thought It was not the duty of Ne
braska to try to duplicate what Iowa had
done. But his Idea was that Nebraska
should be governed by its own resources
and conditions.
Bartoo of Valley then proposed an
amendment cutting the appropriation to
2S0.000, but withdrew it and seconded Cas
eell's amendment.
The amendment cutting the total to 282,
600 provided that this money should be
taken out of the University and not the
general fund.
Cassell's amendment was tost. The bill
was recommended for. passage as amended.
Ernst of Johnson moved to non-concur
In the report on the University bill be
cause the amendment took the money from
the University fund. The Lancaster county
members favored this. The house put In
another season of debate on the Ernst mo
tion. The motion was lost 19 to 44.
McClay then moved to strike out that
part of the report on the bill cutting the
appropriation and the motion was lost by a
vote of 86 to 40, the report of the com
mittee of the whole being adopted.
At 6:26 p. m. the house adjourned.
DOINGS OF THE LEGISLATIVE
Tucker's Commissioner Dill Made to
Apply to All Counties.
(From a Staff Correspondent.)
LINCOLN, March 7. (Special.) The
house committee on county boundaries,
county seats and township organizations
has reported H. R. 368, by Tucker of Doug
las, for passage, with the amendment that
it apply to all counties In the state. This
is the bill that provided originally for the
nomination and election of county commis
sioners at large, but to represent the re
spective districts In which they reside In
Douglas county, but the committee desired
that It apply to all counties. Mr. Tucker
was advised, however, that if this amend
ment would injure the bill It would not bo
attached. He had no objections to It and
the bill thus amended went back to the
house.
Joneo of Polk, chairman of the Norfolk
Insane asylum Investigation committee, said
today the report of his committee would
be made In a few days, possibly this week.
It Is not yet compiled. Aside from reflect
ing further evidence upon the record of
the state architect It Is understood this
report will not reveal anything of a ma
terial character.
r The house refused to endorse the scheme
Of nominating United States senators per
the Burkett route or by convention, as
provided for in a bill which Anderson of
Hamilton Introduced. Thft bill was recom
mended for indefinite postponement this
morning. This afternoon, however, An
derson made a motion to reconsider the
vote, endeavoring to save his bill. Lee of
Douglas moved that Anderson's motion
be laid on the table and Lee's motion
carried. Lee raising the point of order
when Anderson arose that the motion to
table was not debatable. Dodge of Doug
las and McMuIlen of Gage, authors of the
primary election bills, spoke for. the An
derson measure.
Senator Harsh made a statement today
which probably will never be duplicated in
this or any other legislature. Thejsenate
was discussing S. F. 205, which compels
assessors to furnish a copy of assessment
to the party assessed. The committee rec
ommended the bill for indefinite postpone
ment. Harsh objected. "These appointed
assessors," he said, "are not courteous
enough to furnish these duplicates when
requested. I learned by accident th& I
had been assessed 30 per cent too low when
compared with my neighbors. I do not
want It charged that I had any Influence
with an assessor." The bill waa placed
on general file without a dissenting vote.
Members of the senate opposed to the
manner In which the sifting committee was
appointed yesterday, held a caucus tonight
and agreed to insist upon a reconsideration.
and failing In that to tie the hands of the
committee so that it can do no work.
Seven members agreed to vote for a recon
sideration, while fourteen members agreed
to vote to tie the hands of the committee.
It the members composing the caucus fall
to secure a reconsideration they will agree
to vote against any measure Introduced by
those senators who named the sifting com
mittee. Probably the matter will come up
tomorrow.
The following report was made by the
senate committee on reform schools and
asylums:
Your committee on reform schools, asy
lum for feeble minded and home of the
friendless begs leave to report that we
visited the Asylum for Feeble Minded at
Beatrice February 24, 19U6.
We found that the institution on that
date had 267 patients and forty employes.
The Institution Is run on the most econom
ical system of any of the Institutions com
ing under our observation. The per capita
expense In round numbers Is 2130 per an
num, and taking Into account the fact that
many of the patients, probably about 100,
are helpless, many of them crippled, it Is
surprising how cheaply the state Is car
ing for this class of patients. It demon
strates the fact that Governor Mickey has
been exceedingly successful in securing
such an efficient corps of instructors, from
the superintendent crown, and great praise
la due him for his good Judgment in se
curing them.
The state owns 225 acres of land and rents
forty acre additional, all of which Is under
cultivation, with the exception of fifty
acres, which Is In pasture. Nearly all of
the supplies, such as produce, etc., are
raised on the farm, thus saving the state
a considerable amount of money, and this
la all done by the patients, wtlh the ex
ception of one employe to superintend and
assist In the worWi The Institution is now
feeding about 125 head of hogs, usually
they feed about 200. It takes about 400
pounds of flour and about five to six
bushels of potatoes dally to feed the people
at this Institution.
We find that this Institution Is very much
overcrowded, and It Is astonishing how tbey
manage to care for them. The hospital has
been titlllsid for wards for the patients,
and every nook and corner Is filled with
beds to accommodate the fast Increasing
numbers, which average about fifty per
annum. They are surely In great need of
another modern building at this place. We
would recommend that one new fireproof
Ahrstya Rem"nlMr tba Poll Nsma
a3&tive jijomo Qoiaino
CurMaCrtataOmDay.GrlrTtjia Days
tab 250
girls' cottage be built st a cost of about
IJ6.W0.- While on this subject, we cannot
hesitate to Inform the members ofthe sen
ate that the flra protection at this P'ce
Is comparatively nothing. Should a me
break out in one of tbene buildings at this
place the water supply would not last
twenty minutes. What they need Is the
Installment of a direct pressure pump con
nected with the mains already there, and
ample reservoirs or settling basins, oe
caue of the amount of mud In the water
supply, which comes from a creek some
distance away, aa we believe an Inadequate
fire protection Is very poor economy. The
only means of water supply at present is
one small tramline i engine which pumps
Into an ordinary standplpe. ,,
The patients of this Institution are well
cared for and cleanliness is a predominating
feature of this Institution. .
The school Instructors are doing good
work by educating part of these patients
and many patients show marked skill In
certain lines, such as singing, playing dif
ferent musical instruments and, in fact,
they can furnish a , first-class entertain
ment, considering the class of pupils they
have to teach.
We would recommend that the appro
priation for repairs and Improvements be
made large enough so that new plumbing
ran be made In the administration build
ing this building having been constructed
more than eighteen years haa none of the
modern Improvements.
We also would recommend for perma
nent Improvements an appropriation to
finish the cold storage building 21.000, and
one new boiler, gl.OOo; also that the salary
of the superintendent be made to conform
to the ralarles paid In the other Institu
tions of the state that require a physician
at the head.
The makers of cigarette material sre
said to be striking some telling blowe at
the Casebeer bill prohibiting the sale and
manufacture of cigarettes. The bill paed
the house. It was referred to the commlt
te on miscellaneous subjects In the senate.
This committee recommended the bill for
passage. Meantime, a few days elapsed
and the bill was recommitted to the sen
ate Judiciary committee for "Interpreta
tion," the point being raised that the bill
was of questionable validity. This, how
ever, was not discovered until the bill had
been recommended for. passage. Repre
sentatives of the cigarette Interests have
frequently visited the state capltol during
this session of legislature.
W. H. Harrison, who two years ago was
president pro tern of the senate, agrees
with tho opinion of Attorney General
Brown that the president of the senate
is not entitled to extra compensation, and
today he transmitted to Attorney General
Brown a check for 2219, to be delivered to
the state treasurer. This Is the amount
of money which Senator Harrison drew
from the state by reason of his position
na president pro tern of the senate. The
law giving the president pro tem of the
senate and the speaker of the house extra
compensation waa held to be repealed by
the constitution passed in 1875.
CENTER IS BROKEN
(Continued from First Page.)
made a succession of desperate attacks on
General Tserpltsky's division on ' the west
front south of Mukden, repeating the as
sault at Intervals of two hours with con
stant reinforcements. About 50,000 Japanese
with 200 pieces of artillery participated. All
the attacks were repulsed, there being
enormous losses on both aides. One ex
tremely important position changed hands
several times. Finally, General Tserpltsky,
on horseback, placing himself at the head
of his troops, led his regiments to the at
tack with colors flying and music playing.
The attack was successful. After it was
over the victorious soldiers crowded around
General Tserpltztty shouting his praises and
even kissing his bands and feet. The Rus
sians captured several quick fire guns and
many Japanese prisoners, including of
ficers. . -; n '
Japanese Are Hungry,
Monday night the Japanese attacked Ten
heltun, Alanpu and Erthaitxu and also
made four furious attacks on the village
of luhuantun early this morning.' On the
fourth attack the Japanese were tempor
arily successful ' In driving ''out the Rus
sians, and rushed directly toward the field
kitchens where the morning meal was being
prepared and commenced to bolt the food.
The Russian troops, however. With a shout
of "Save our dinner, brothers," fell upon
the Japanese like a hurricane and drove
them out of the village at the point of the
bayonet.
A captured Japanese said they had had
nothing to eat since Sunday and that they
had been told this morning either to cap
ture the Russians' dinner or starve.
Japs Carry Important Position.
QENERAL RENNENKAMPF'S HEAD
QUARTERS, OUBENEPUZA. Monday,
March 6. (Midnight) Events took an un
favorable turn for the Russians this even
ing. After a day of a marked succession
of determined attacks the Japanese ousted
the Russians from an important position
on the left center of the eastern army.
The Japanese are also pressing the right
center hard. The Russians have been or.
dered to retaki the position at any cost.
There were heavy losses today on both
sides.
Conditions at Mukden.
TOKIO, March T.-rfNoon) It Is reported
that the Russians sre preparing to abandon
Mukden and Fushuiv and to retreat to Tie
pass. r
The greatest concentration of the Rus
sians defending Fushun seems to be along
the lino from Tletao Machuntan. General
Kouropatk'ln continued to - resolutely de
fend the Russian positions at Fushun.
The operations in that vicinity do not in
dicate whether Kouropatkln Intends to
fight or retire, but he must hold Fushun
to protect the army on the Shakhe river.
Report from the Front.
5 p. m. The following dispatch was re
ceived today from the headquarters of tha
Japanese armle In the field:
In the SinEklng (Yenden) direction the
enemy in the neighborhood of Tlta made
several counter attacas Monday, wnicn
were repulsed. Our attacks against Ma
chuntan, despite the obstinate resistance,
proceed, urauuauy part oi our iorce at a
nvi.wk Monday nlaht occupied the north
eastern heights of Huantal, about tour
miles south of Macnuotan.
In the Benuriaputze direction on Monday
afternoon our force occupieJ a line of
heights at PaltzunkoU. seven miles south of
Machuntan. The enemy retreated toward
Sanghiatsu, three miles southwest of Ma
chuntan. On Suuduy night the enemy
counter attacked on our front near Kaotal
pass, but waa repulsed,
In the Shakhe river direction, east of the
railroad. Sunday night the enemy counter
attacked north of Tunghiafen. but was re-
Dulsed. Otherwise the situation is un
changed.
West of the railroad our force Is now en
gaging the enemy occupying positions east
of Hanchenopao and Erthaltsu. The enemy
is resisting stubbornly.
On the right of the Hun river Monday
morning one .division of the enemy, with
seventy runs, counter attacked the vicinity
of Tatcheklao, ten miles northwest of Muk
den, but was repulsed.
COURT DECISION BY CABLE
Regularity of Advanced Method of
Honolulu Judge la Conducting;
Business Is auestloned.
HONOLULU, Feb. 28. Via Ban Fran
cisco, March T. A decision by cable nas
been received from Judge Oeorge D. Gear,
who is In Ban Francisco and has been in
a sanitarium suffering from sn operstlon.
Ills term as judge is about to expire and
several matters remain undecided which
were argued before him and submitted.
The cabled decision Is In the case of the
territory against Cotton Bros., in which
a verdict awsrdtng the territory 222,000
damages wss given for the loss of a
dredger used by Cotton Bros at Peorl
harbor and rented to the Arm by the ter
ritory. Judge Gear cabled granting the
company's motion for a new trial. The
legality of the long distance decision Is
questioned.
MRS, CHADWICK CAINS POINT
She ProTei by Oberlin Bank Books that Bhe
Bad Deposits There.
MR. CARNEGIE MAY NOT TESTIFY
Steel Magnate Will Not Be Placed
fpon the Stand t nless His Evi
dence Is Needed In
Rebuttal.
CLEVELAND. O.. March 7.-N!ne wit
nesses were examined In the Chadwick
trial today, and the defense established that
the claim of the government that Mrs.
Chadwick had no money In the Oberlin
bank at the time of drawing Its checks
that were certified to by Speur and Beck
wlth was Incorrect In two Instances at
least.
It was shown by the general Journal of
the bank that on November 2, 1903, when
Mrs. Chadwick received a certified check
for 210,000 an entry crediting her with that
amount was made on the Journal of the
bank, and a deposit slip for 210,000 wss made
out In her name. The entry and the slip
were In the handwriting of Cashier Spear.
Another entry of similar nature amounting
to 26,000 was also found. These facts were
brought out on cross-examination by Judge
Wing, counsel for Mrs. Chadwick, after
long and tedious questioning of H. H.
Avery, cashier of the Oberlin bank. Avery
at first testified that Mrs. Chadwick at
no time had either money In, or credit at
the bank. It is doubtful if Andrew Car
negie wtll take the stand. District Attor
ney Sullivan said this afternoon:
"It Is not my present Intention to put
Mr. Carnegie on the stand, and I do not
think that he will be called upon to testify
unless his evidence should be needed In
rebuttal of something Introduced by the
defense."
Mrs. Chadwick came into court to
day apparently none the worse for
her illness, which caused the ad
journment of court yesterday after
noon. Shortly after taking her seat In
the rear of her counsel she removed her
veil and took the position she occupied
during most of yesterday, her elbow on
the table and her chin In the palm of her
hand.
Directors in the Dark.
E. H. Holter of Oberlin, who was on the
stand yesterday when the adjournment
was taken, was called again as soon aa
court opened. He was a director of the
Citizen's National bank of Oberlin and
gave evidence covering the meetings of
the bank. He waa asked what knowledge
he had of any transactions carried on by
Mrs. Chadwick with the bank, and despite
the objections of Mrs. Chadwick's attor
neys was allowed to answer. He said he
knew nothing of any of them until No
vember 27, 1804.
J. F. Randolph of Oberlin, who was also
a director of the Oberlin bank, gave evi
dence similar to that of Mr, Holter. He
waa asked If he was a member of the
finance committee of the bank and an
swered: "I do not know that I was, ex
cpet by what others say."
C. H. Doollttle, an Instructor In Oberlin
college and also a director of the bank,
testified that he never knew of any deal
ings between the bank and Mrs. Chadwick
until the day before the bank closed. None
of the Chadwick deals were ever reported
by Mr. Spear to the directors.
C. J. Provo, an official of the Euclid
Avenue Trust company, formerly of the
bank which received from Mrs. Chadwick
the Wurst check for 212,600, testified that
at the time of depositing this check Mrs.
Chadwick opened an account with his bank,
making total deposits of 292,600. She re
quested that the account be in the names
Of Cassle L. Chadwick and C. L. Shippers.
Assistant Cashier Gets ' Confused.
H. H. Avery, formerly assistant cashier of
the Oberlin bank, was the next witness. He
declared that defendant had at one time a
deposit of 210,000, but that there was not
at any time another deposit credit in her
name in the Oberlin bank. He specified
several checks of Mrs. Chadwick's on the
Oberlin bank, which had been paid at times
when she had no funds in the bank. He
had never seen the checks, and they had
never to his knowledge passed through
the regular channels of business at the
bank. Judge Wing, on cross-examination,
elicited the fact that the witness was not
the bookkeeper, and did not have charge
of the accounts. The witness became badly
confused In his statements and admitted
that he did not know at the time the
checks were drawn whether Mrs. Chadwick
had money In the bank or not. Ills knowl
edge, he said, was gained by an examina
tion of the books since the failure of the
bank.
The greater part of the afternoon was
consumed by the examination of Mr. Avery,.
It was cross-examination, then redirect
examination, then cross-examination once
more, then redirect and all of tt dry stuff.
Horace G. Walte, bookkeeper of the
Oberlin bank, next took the stand.
He testified that the entry giving credit
to Mrs. Chadwick for 210,000 was in the
handwriting of Cashier Spear, and that the
deposit slip for the same amount waa also
In Spear's handwriting.
Robert Lyons, receiver for the Citizen's
National bank of Oberlin, was the last
witness of the day. He said that the books
did not show that any account had ever
existed by which Mrs. Chadwick could
draw checks on the bank.
between the men and their employers, but
threats of other trouble from various
causes have been made at frequent Inter
vale since. Hardly a month has passed In
which some contention between the Inter
borough company and Its employes haa not
demanded frequent conferences between
the union leaders and General Manager
Hedley and Vice President Bryan of the
company, and oh several occasions they
became so serious that August Belmont,
president of the Intcrborough company,
was called In. Up to two weeks ago, how
ever, a settlement was effected In every In
stance, apparently . to the satisfaction of
both the company and men. At that time,
when an effort waa begun by the company
to have renewed an agreement which was
to expire March 1, the real trouble which
resulted In the crisis today began. The
employes declared that the Intcrborough
officials at that time agreed upon a cer
tain schedule to teplace the one which
was to expire last Wednesday. When
Wednesday came, however, the union offi
cials declared that the promise of the
officials of the company was violated; that
the new schedule was not accepted and
that General Manager Hedley declined to
give any satisfaction to the committee of
the union which called upon him.
They say also that when an effort was
made to reach President Belmont In con
nectlon with the alleged failure to sub
stltute the new schedule It was found that
Mr. Belmont was out of the city to re
main Indefinitely and that he could not
be reached. Even In face of this the
union officials declared as late as yester
day that there was little danger of ex
treme measures being taken. The em
ployes believed up to yesterday that a
strike might be averted If they could
reach Mr. Belmont, who Is president of
the National Civic Federation.
STRIKE ON RAPID TRANSIT
(Continued from First Page.)
President May of that organization said
that no meeting would be held until
twenty-four hours had elapsed. If at the
eivd of that time Superintendent Hedley
was still unwilling to accede to the de
mands of the men, the Engineers' and
Firemen, Electrical and Eccentric union
would be called out. The members of this
organization are employed In the various
power houses. The strikers claim that
many of the Imported men have gone over
to them and quit work, but this the Inter
borough officials stoutly denied and an
nounced this afternoon that their employ
ing agencies had been closed, all the men
needed having been obtained. While by
far the greater number of men brought
on to take the places of the strikers are
from other cities, a number of Columbia
college students seised the opportunity to
make a few dollars snd enjoy the exolte
ment of strike breaking.
Delay I'nlted States Mall.
A delay of several hours in removing
the United Btate mall bags from an ele
vated station will, It la asserted, result
In the calling into action of United States
Marshal Henkel and his assistants. The
mall bags from the Harlem substation of
the post office piled up on the platform, but
the strikers would not permit the trains
to stop, the crews being threatened with
attack if they did stop.
It was not until a late hour that the
fact became known that they had been
delayed.
Cause of the Strike.
Today's strike was the outgrowth of tgU
tatlons snd negotiations which began si
multaneously with the opening of the new
subway last fall. Even before operation
Of the big tube began a protest was made
by the motormen of the elevated lines
when It was announced that the men who
were to operate the mechanism of the
ubway train would be paid only 23 for
a day of ten hours. The dispute arising
therefrom was settled by a compromise
COE COMPANY IN TROUBLE
Receiver Is Named for n Minneapolis
Grain Concern After Small
Suit.
MINNEAPOLIS, March 7. Former
Judge A. M. Harrison was today ap
pointed receiver for the Coe Commission
company by Judge F. C. Brooks of tho
district court. The firm has numerous
branch offices In the northwest. Including
the state of Washington. The liabilities
are estimated at 8200,000. The assets are as
yet unknown.
The liabilities cannot be ascertained even
approximately for some time, as the com
pany had so many branch offices widely
scattered. Until the creditors, mostly small
traders over the northwest, make their
claims it will be ImpoHslble to estimate the
debts. George H. Hammond, manager of
the company, from his headquarters here
operated 176 branches In Minnesota, Wis
consin and the Dakotas. He had private
wires to New York, Boston, Chicago and
Winnipeg. In Oregon he had nineteen
branches and there were private wires to
Montana, Washington and other western
states. He was reputed to have made win
nings of as much as 8100,000 on a single
turn of the market. Hammond operated
the Combination Investment company,
which failed In Chicago In 1899 leaving 1,200
creditors and debts of 2280,000, with assets
Of 826,000.
RATE LAW lN MISSOURI
Senate Passes the Mesuiure Rco:ulnt
Ing Frclfrht Charges Reduces
Rate on Live Stock.
JEFFERSON CITY, Mo., March 7.-The
senate today passed the maximum rate bill
by a bare constitutional majority, after
having amended the measure r.s it came
from the house. The bill is considered the
most Important railroad legislation paased
by the Missouri legislature in years. The
measure reduces the rate on live stock 24
per car and was amended by striking out
the entire section relating to coal and brick.
BOTH HAVE JURISDICTION
Important Rullnir Regarding; Crimea
Committed on River Dividing;
Two States.
BT. LOUIS, Match 7. The St. Louis court
of appeals decided today In the case of
the State against Seagaves that in the ex
latenoe of current Jurisdiction of two states
over a river dividing them, that each state
has jurisdiction from Bhore to shore in
civil and criminal matters of rightful state,
cognizance. Seagraves was convicted of
selling liquor on Sunday on a steamboat
and appealed the case.
Reld were: Vice rr!drit. Harvey Mn
Klwee. Onwentsla Oolf club; secretary
Russell P. Hill. K'rnioor Golf r-lnb; Ire
urer. John T. Glli-hrlst. Homewood Oolt
club.
Among the directors elected were Ray
mond G. l.envltt. Omuhn Grtlf club! Colonel
Brent Arnold, Cincinnati Golf club, snd
Hnrold Bend, St. Paul Town and Country
club. . . . t
ltorlever Released to. Ilea Moines.
INDIANAPOLIS. March ' ?.-Mnager
Barrow of the Indianapolis base bull club
of the American association today released
Outfielder George Hogrlever to the les
Moines club of the Western league.
FIRE REC0Pip7 '
Bnalncsa House at Lynch.
NORFOLK. Neb., March 7. (Special
Telegram.) Flr-s started in the empty Ne
braska hotel nt Lynch, at 3 a. m., destroy
ing a block rf buildings completely, Includ
ing the Walters hotel, Thompson's Barber
shop and ,Dr. Nellgh office. The hotel
guests escaped.
The fire Is thought to have been the work
of Incendiaries. The loss is about 88,000,
partially insured.
Headache and Neuralgia from Colds.
Laxative Bromo Quinine, the world wide
Cold and Grip remedy, removes the cause.
Call for the full name and look for signa
ture of E. W. Grove. 26c.
Mtne. Yale's
Beauty
Lecture
Ladles are duly nntihed that Mm. Talsj
of "Beauty Culture'' tame, will lecture oS
"Woman's Beauty" and give ohe of het
Inimitable Physical Culture Entertainment!
at Boyd's Opera House next Friday after
noon, March loth, at 2:30 o'clock, ""ho mar
velous power of beauty and lis miurlc-liks
effect on the human mind will be delight
fully experienced wnlle gazing on this per
fectly beautiful woman. Clean cut as a
"cameo," flawless aa a pure water "dia
mond" Is Mme. Yale's type of beauty. Per
fect from head to f.-et. She will Instruct
the ladles In the fascinating secrets of her
charming ait.
The race and Form, Features ana nan
111 be scientifically dwelt unon. Physical
Culture will be one of the principal topics
of Mme. Yale's lecture. Women accom
panied with babies or young children not
admitted.
Tickets Complimentary
Tickets for Mme. Yale's lecture good for
reserved seats may be obtained free of
charge by applying for them now at tho
Drug Department of the Boston Store.
The choicest seuts will he given those who
purchase any of Mme. Yale's Remedies at
the tlmo of applying for tickets. No one
will be refused a ticket, however, a long;
as they last. Call early.
AMl'SEMFNTS,
WESTERN GOLF PLAYERS MEET
Important Changes Are Made In the
Boundaries and Flaying;
Rales.
CHICAGO, March 7. Delegates to the
Western Golf association at their annual
meeting here tonight, In addition to tne
election of tha rfiiiiiar list of officers with
Alun Li. Held of the Chicago Golf club
at the head, enlarged the geographical
scope of the organization and awarded the
next annual western amateur golf cham
pionship tournament to tne uienview
,'lnh i
It was also decided to eliminate the rule
making It mandatory that all clubs be
members oi tne inneu oii won
elation in order to qualify for the Western
Golf association. , Under the new rule it
ta nnt npnmuiirv for competitors In the
western championship event to be attllluted
with the eastern organization. Another
change was made in the rules with a view
to making the western championship more
onpn. Under the old rule none but regular
members of the western association were
allowed to compete. This debarred u num
ber of Junior players from participating In
the tournnmeni, . out tne ruio nun uern
amended ma (hat the Davment of fees by
a father any Junior player will be allowed
to take part in the meet.
The amendment enlarging the boundurles
of the association reads:
All clubs located In Buffalo, N. Y., or
Pittsburg, Pa., and all clubs located In
the United States of America, west of a
north and south line made to pans tnrougn
Buffalo and Pittsburg, are eligible to mem
bership In the Western Golf association."
The date for holding the western ama
teur championship tournament was loft to
the decision of the directors of the asso
citlon. Tho officers elected besides President
How Is Baby Today?
Better, thank you. In fact, quite well.
Fat, round and full of life and mischief.
Pink and white flesh, dotted with dim
ples. No cough, no indigestion.
All on account of
. . .. -
administered by a mother whone love
was tempered with common sense.
She knows that OZOMULSION is
a fountain of. energy for grown-ups,
too. It stops waste of flesh. It makes
plenty of rich blood. For pale, feeble
folk it is the chief nourisher at life's
feast It cures Consumption when
taken in time. AH druggists sell it
So cents and $!.oo the bottle. Let us
send you
Free Sample Bottle by Mail
Write letter or postal to
OZOMUL8ION CO.
t8 Pine Street, New York.
f f r Gi Woodward &. Burgeia,
- - -' Managers.
Tonight THE BOYD THEATER
SCPOOI, OK ACTIMi
In Four One-Act Comedlro,
ADMISSION BY INVITATION.
Thursday, Friday and Saturday Mati
nee Saturday
JAMES K. IIAIKKIT In "TIIK
FOHTt!S5S OF Til 13 K1G."
Sunday, Monday Matinee Sunday
THK GIRL AND TUB BANDIT
1)0 .' People.
Tuesday and Wednesday, March H and
16 Wed. Mat. at 11 o'clock; evenings
at 6:80 o'clock Mr. Henry W. Sav
age's Majestic Presentation of Rich
ard Wagner's Sacred Devotional
Music Drama
PAR.SIFAL
(IN ENGLISH.)
Company, 200 Orchestra of 60.
"Artistically, this first performance
In Washington exceeded all expecta
tions. It was the Judgment of com
petent critics who had attended the
performance of the Metropolitan com
pany In New York that this enactment
by the Savage company was the su
perior In nearly all Important aspects."
Washington Post.
Prices S3, 12.60, M. Sl.GO, Si. 76C, ooc.
8
AUDITORIUM
GRAND
EXHIBITION
'.- OF
FANCY SKATING
Prof. Franks and Daughter.
WEDNESDAY AND THURSDAY
Afternoon and Evening. .
Admission 1Q Contg
CrtCIOHTOrf
ft
THOHB, 4A4.
Every Night Matinees Thuf., Bat
MODERN VAUDEVILLE -
Haines It Vldocq, Kathryn Osterman,
Wynne Wlnalow, Clifford & Burke, Shack
Bros., Klne & Gotthold, Cooper ft Robinson
and the Klnudrume.
PRICES lOe, JIBo, BOe.
KRUG THEATER
Prices, l&c ffic. 60o, 76c, . .
io MA THEIC TODAY2Sc
TO.MUHT AT Kilo
The Great Swedish-American Pl-
THE MAN FROM SWEDEN
Thurs. MGHTHOISE BY THK SKA.
Buadar-HAPPY HOOLIOAN.
BASKET BALL GAME
Y. W. C. A. FIKBT TEAM
vs.
HASKELL INDIANS. I-awrence, Kan.
Thursday, March 9, 8,15 p, n.
ATUKRMANIA HALL
Admission 60 cents.
I