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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 21, 1908)
i -r-- a. i xnr;.-- - t Fhe Omaha, Daily Bee -,:; VsT' VOL, SXXVH NO. 186. OMAHA, TUFiSDAY MORNING, JANUARY- 21, 1008 TEN PAGES. SINGLE COI'Y TWO CENTS. i IS KNOCKED OUT fHawarf fiatut Forbidding Transfer , Cult trt Federal Courts Veld. OnSIOH BY JUDGE MTHEES03 H Hall Cut it Xtenlei Property EcsJ Protection. RAHIUJAE3 FILE THE CtmULCRT SoenUij of Stat 1 Enjoined From Enforcing: Act. ETATE IX TAKE APPEAL irl HdJey tr tk "nbnUteed -, Cweurt the a I ted IteM. KAN5 IT, Mo.. Jan. Jft. -Judge sTrmith 1 ' on, la th United Slate dis trict eui re today, declared void and unoonatl. i. Hi th tatnt passed by the IrTuniourl rislatur In 177 forbidding foreign itlons from transferring aulU fraught n them from the state to tha fedet , ria upon p&ln of forfeiture of thai '. i. Tlia application of tlia Rock Island. .. Santa Fa, and St. Louis, kuu) Cltr Colorado, the Milwaukee, St. Paul, and tha Chicago A Alton railway companies for an Injunction to prevent John E. ' Bwanger. secretary of start fram enforcing- tha law waa granted by tha court. Tbo Missouri law upon which today's decision la baaed providea. specifically, that If any foreign, or nonresident railway cor poration, created and existing under the lawa of any other atate, and doing a rail way buslnaa from one point In the state to another point within the atate, shall, without tha written consent of the other party, remove a case from the state court to a T'nlted States court, or shall without aid written consent Institute any suit against a cltlsen of the state. In any fed eral court, the the secretary of state shall revoke the license to do business, from one point within the atate to any other point within the state, either in carrying passenger or ' freight. And doing such business shall subject It to a penalty of -not leas than 12,000. and not more than J10.000 for each offense. And such disability shall continue for five years. Ecjaal Protection of Lave Denied. It la alleged In this case that complainant la about to remove a case, and the secretary will follow thai by revoking Us right to do business. The defendant contends that this In effect Is an action against the state, 10 1 la violation of the eleventh amendment to tha Constitution. The complainant con tenda that the act of 1807 Impairs its con tract With the atate. and denlea it tho equal protect Ion of the laws be enforced. Judge McDienon In his decision goes Into the law of Ah case at great Irngtk and ' f. auotos freely' from previous deciaions to y uslanv-Jits peMUotn , . i The decision In part follows; ; This court Is mindful of the criticism by k. many laymen, as Well as hy many lawyers, to (tie rffe.-t that- I nltcd Htates courts have so rlirht. nor even the power, to de cree Vh Invalidity of state statutes. The argument, or rattier the talk. Is that the people know what tliry need and that their representatives In h-Klslature alone should determine wnat etsuites we must nave. And when so determined and evidenced by legislative enactment, that the courts Should not Interfere by decree nnd thereby thwait t lie legislative will. In other words. that It is wnl to limit the powers of ex ecutives unit courts, hut a written constl tut Ion restraining lealslattve bodies Is all wrong n.t that Great Britain has the mod:! government. Findings of Ike onrt. In concluding Judge Mcpherson holds a.i follows: The Missouri statute of 1907 Is void, be rui It allows a resident company to sue in the reiierai court. If there Is a federal question and denlea that right to a non- reement company. Kigarriless of the last preceding slate mert. the statute Is void because It seeks to lake from the complainant Its right to pring or remove a esse to the united State court, which rlslit Is riven bv Ihe constitution, and the act of congress wnicn ny article s or me constitution is declared to he. 'the supreme, law of th land, anything In the constitution or laws of any state to the contrary notwithstand ing." . The statute Is void because it Is an effort to not' only impair but to repudiate the contract of the state made with the company by which It waa Induned to come Into tlie state, making Investments In large sums, and was authorised to do a state business, but now declaring that It hall not in such business, thereby render ing It Insolvent,, and taking from the people along its line the use of a railroad for state business, unless the company will surrender under coercion rights given It by the national constitution and valid en actments of congress. This court reeegnlse the rule that pre sumptively all legislation la valid. Put It U only a presumption, and In no sense conclusive. This court recognises that alt doubts should be solved In favor of up holding legislation. But there are no doubts In this osss. a" There Is but a single question presented. The complainant asserts rights under tho national constitution and laws enacted by congress. The defendant asserts rights under an . act of the Missouri legislature and Insists that there is no conflict. This court holds that there is a con flict. And there being a conflict, tha one or the other must give way, and the con stitution and laws of rongreas being the supreme law of the land, of course the laws of the state must yield. "The anpllratlon for an Injunction Is u.-.ti'n.'1 State itra Shlnholeth. "Officers of the late." continue .T1r Mcpherson In his decision, "too often decry Ihe power of the nation. Stat rights is their shibboleth. he addd. "The most attractive argument to sortie wyers of reoent days la that the atate tourts alone la tbe first lnrtsnoe should pass upon the Question' as to the Validity f state statute, with the right of tho lefended party to carry tho case for final I acres to the supreme court of the United Mate. Such arguments are plausible, are sonvlndng to many good people, but are K dangerous as to amount to a heresy. It a the extreme of 'state rights' toi a new term." i Judga McPherson cited a decision of the rVUooasln state aupreme court which up leld a state statute under which an Inaur inoe company's charter had been' revoked removing 4 case to r .Yderal court. M 'n this esse, however, hv ..tys the con- tany had no property in it.v state and bad cade bo investments therein. In tha case at bar.- be said, "a lloenue r do bustnesa la not the question. Each of ho oomp&nteo invested millions of dollars knd It la now In tha stale and cannot re aove. To prevent it froan doing business neana apprpprlatins; Its property, or de roying it, without making any compenaa lon theitfor. It waa Invited to come into b' -tats and waa told by the lawa then In ui . that It should have the same and Ike standing aa resident companies, with tCaNsnUauad eta Bieond Page.) SUuI'IARY OF THE BEE Traooday, Jaaaary tOT. (90S tIsUuQr 190$ SOC juaY 7tZ. trfi W JPj. St 50 Z 8 90 2 S 4 5 6 I S 9 20?' 22 23 225 26 ZZ z 29 30 3 u- ATKXm. vcn BL.urrs and day; no important i ,5 vlr Tuesday. ! i. sday. f. . yssterday: lur. Deg. , ; , m M vi" m 32 " m U m 81 VI, m XI 10 a. m., VS 11 a. m 38 13 m. 46 1 p. m M 2 p. m U t p. m fio" 4 p. m 66 t p. m aa p. in 60 7 p. m 4 H p. m 47 I p. m 4ti row OMA1I. 1 VICINITY Fa. change In temp fyH NBHRAl FOR IOWA-F Ternrmrstur s DOMESTIC Judge Smith McPherson declares law In Missouri prohibiting a railroad from transferring a. suit from a state to a federal oourt unconstitutional. Page 1 Supreme Court of I'ennaylvanta de clares the 1-oent fare law unconstitu tional Pare a In Thaw trial, Evelyn Nesblt Thaw tells story of her relations with Stan ford White. Patre 1 Patrick Horrigan. who deserted from the army twelve times, finally caught. Pago 1 A censor will hereafter pass upon the papers to be read before the purity con gress. Page 1 Michigan banking commissioner asks that law be passed giving him regula tion of trust companies. Page I Mrs. Metcalf says she Intended to commit suicide and not to shoot at At torney Hammill. Pare 1 ' Bocretary Taft declares a half million dollars would be cheap for settlement of claims of Spanish clergy In Philip pines. Pag 1 Oovernment will pay a million dollars coal bill for fleet. Pago I Further details of plot to wreck ves sels of American fleet are secured. Page 1 Ex-Henator Millard in Washington and looking over the battleground over the revenue collectorshlp. Pafe X POBZXQir. Oovernment of Uermany will deco rate members of the radical party to hold them to coalition. Page X Former Premier Katsura of Japan is heading the party In opposition , to tha demand of tha government. . Paeje 1 X.OCAX Council' Bluffs Improvement club at tacks the 10-cejit fare of Omaha . Coun cil Bluffs Street Hallway company- be fore 8pecel Inspector f .yon of the Inter state Commerce . commission, demanding a 6-cent fare from the Iowa side. Page 1 K. J. McVann, secretary of the Omaha Grain exchange. Is elected chairman of the Omaha delegation to the first annual convention of the MIsHOurl River Navi gation congress, to be held In Sioux City Wednesday and Thursday. Page 10 Ministers of Omaha decided at a meet ing Monday to take a hand In Omaha mu nicipal affairs and will file a brief with the supreme court on the Sunday closing cases. ..' ' Pags 10 Following an address by Attorney Gen eral Ryera of Iowa the sheriff at Council Bluffs closes all gambling houses and Attorney Hess says he will do al that la posslbe to enforce the state law against the resorts. Pace COMaOBTftCXAA AJT9 XVDVSTTSXAX. Live stock markets. Pare T Grain markets. Pafe T Ptocks and bonds. . Page f KOTTCTstSITTS OP OCXAK BTBAMBHIPS Port. ArrtTe. Bl!4. NKW YORK Mlnnataak NEW YOHK Nw TorS SMl'THAMPTOV. fhllalphls MOVILLB , Callfornl. iirUENSTOWN.. , 1 Campula. BY WIRELE88. CAPK RACE, N F.-Oraf Waldersee, from Ilanibura for New York, waa lftf mil. Houtheast at :) a. m. Will dock at 10. W n. m., Wednesday. TAFT GETS OHIO BIG FOUR fr-oraker Will Make wv Farther Cos test for Drles;ates-at-Larsre. CINCINNATI, O., Jsn. 20.-To fight for the national . convention deirgates from Ohio's twenty-one congressional districts, and to allow Secretary of War Taft to have the four -delegates-at-Iarge without a contest1 Is the plan of campaign sug gested by an Interview this afternoon by United Btates Senator Foraker, who ar rived home today fram Washington on business. He says that the call for the state convention Is Illegal, and therefore he will pot take part In selecting lu dele gates.' After- declaring that there had been no "overture of peace," either to or by him. he said; "8o far as the state convention la con cerned I have not changed my opinion sine I was here, that tho call for It Is tjlersl snd m)uAtly burdensome. On that account, as I have ' ?u.-. jiofora, announced, I shall not make any effort' to coni!' with Ita terms and conditions, nor will my friends make any surh efforts except only aa their local conditions may prompt them. "Of course, the delegates selected to the state convention will all bo for Taft, for there will be no opposition. Tills doea not apply, however, to the congressional dis trict a They are not under the control of the state central committee and are not bound br anything the state convention may do. TrDaoh dlatrtot will elect Ita own delegates In Its own way. What the dis tricts may do remains to be seen.'' MILLION DOLLAR COAL BILL Hoas Cosassltteo e DeaeJeaeleo Will stecouasaead Paysaoai at Owe. WASHINGTON, Jan. Jft.-Two Important decisions, contemplating the expenditure of Vr.0CO.0iO were reached by tha subcom mittee on deflolences of the bouse commit tee on appropriations today. It was voted to recommend the Immediate appropriation of 1 ,000,000 to pay the coal bill. Incident to the voyage of Admiral Evans' fleet to the Pacific coast, and also of the ll,900.0u0 asked for Secretary Taft and Chairman Uoethala to carry on until the close of ths current fiscal year the. canal digging work as ratanpad out by Coktiel Ooetfcala, THAW'S WIFE TELLS STORY Court Rule i That Publio Cannot Bt Excluded From Eoom. NEW INCIDENT BROUGHT OUT Defendant Attempted to Commit elde Wblle la F'srope .-Jerome's Cress KssjMlaatlos Is Ofteasirc. NEW TORK. Jan. .-Mra. Evelyn Nea blt Thaw told her story today for the second time. The repetition lacked the Vi tality of the first recital but the great crowd In the court room, where her hus band. Harry Kendall Thaw, Is on trial for the killing of Stanford White, listened In tently to every word. Justice Dowllng had ruled that he found no warrant In the law for closing the doors against the public and there was a great clamor for admittance from a throng which hung about the building al) day long. District Attorney Jerome, falling in his move to exclude spec tators, took occasion when It came his turn to cross-examine the witness to bring out all of the details of the first trial, which Mr. Littleton, of the defense, had omitted on his direct Inquiry of the witness. Mr. Jerome also tried to block Mrs. Thaw's testimony In its entirety on the ground that It was a conversation which occurred three years before the tragedy and could not have any bearing on Thaw's mental con dition on the night of the homicide. Justice Dowllng overruled the objection. Mrs. Thaw waa on the stand all day long and Mr. Jerome announced, when adjourn ment for the day was taken that his cross examination would occupy a greater part of tomorrow's sessions. Many Objections ky Jerome. Mrs. Thaw's story waa broken 'into blta by constantly repeated objections from the prosecution, who sought to exclude all de tails on the ground of Immateriality. The frequent objections led Justice Dowllng to request Mr. Littleton to cut his examina tion as short as possible. Mr. Littleton took this course only to find that on cross examination Mr. Jerome Insisted upon read ing front Inst year's record nearly every" word the - witness had then uttered. He did this under the privilege of framing new questions. Mr. IJttleton objected to It, declaring that the district attorney by reading the former testimony in a disagreeable man ner was trying to discredit her In the eyes of the Jury when he could not discredit her In any way by a direct question. Mr. Jerome made no attempt to disguise a tone of complete contempt In reading the testimony. Contempt also characterised most of the questions he put to the wit ness, whom he attacked In the loudest voice he has yet used at the trial. Mr. Jerome plunged at once into the more Intimate details of the testimony and made no delicate choice of words in framing his Interrogations. Mr. Littleton's objections on the ground of "offsnalveness and Impropriety fre quently were sustained by the court. ' Witness Fences Bklllfally. Mrs. Thaw matched wits against both District Attorney Jerome and his assist ant. . Mr- Marvin, who 'wss . ever at .hla cidof'e elbow with" new auggostlons. She fenced with them as skilfully as she did a year ago and at tlmea reflected the mood of the district attorney by answering In a voice pitched In as loud a key as his own. The piosecutor's pitiless and aggreaslve questions often struck fire and once when Mr. Jerome demanded to know If the young woman had told Thaw certain things, she replied hotly: "Yes. I told him, but I did not use the language ' you are using." "Don't argue with me, madam," shouted Jerome, who then had the reply stricken from the record. Thaw Attempts Salclde. But one feature appeared In the testi mony of the witness. This waa when she told about Thaw . swallowing the contents of a bottle of laudanum at Monte Carlo in 1904. In an attempt to end hla life. Previously to this, at the Grand hotel, In New York, Thaw had talked of suicide, his wife declared, and had suggested that she also should take poison, as both their Uvea had been ruined. Mrs. Thaw said she humored Thaw at the time and diverted his mind. She waa out of the room when he finally took the poison in Europe. . "Why dldu't you tell us about this at the first trial?" demanded Mr. Jerome. "Because Mr. D almas said It might maks Harry out too crary," the witness retorted before the district attorney could atop her. SIOUX CITY JMAN ENDS LIFE Despondency Over Kail a re tm Meet Koto Caase Him to Bbaot Hlwtself. . fllOCX CTTT. la.. Jan. .-8poclal Tele gram.) Despondent ovVr poor business and his failure to meet a note of fOOO, Cliff Foaburg, 77 yesrs of age, member of the dray ltne firm of Fosburg dt Gruber, at tired himself In his best clothes and at 4 o'clock this morning shot himself In the kitchen of his home at Momlngslde with his wife only a few feet away. He died at t it o'clock. Hla parents live at Ireton la. He formerly was a student at Mom- Ingelde college. WRECK DELAYS LEGISLATURE Lowlsvllle V Kaskville Train Delayed aad Ksstseky golems May Ifo Veto aw Master. LOUISVIIXE. Ky., Jan. .-The Loula- !!! tk Nashville passenger due at Frank fort thla morning waa derailed seven miles from Knu kfort. Several of the paa sengvs were Injured, but nobody was killed. It Is considered !iuioss1ble to get the passengers, Among them being many legislators, to Frankfort In time for the Joint session of tha legislature, and It Is probable that no ballot will bo taken today for-l'nltad States senator." " - SHOTS AIMED AT HERSELF Mrs. Motealf Hays She Did Mat Fire at Attorney llasalll la Cklcaar. INDIANAPOLIS. Ind., Jan. XL-Mrs. Beatrice Thomas Metcalf, who shot at At torney Samuel R- Hamlll, In Chicago, re turned to her sisters home In this city to day. She states tonight to a reporter that the shots she fired were not Intended to hit Attorney Hamlll. but to kill herself. Wyoming; Is Bor Jastrerer. CHBTENNH, Wyo., Jan. SO. (Special.) A large delegation of Wyoming cattlemen today departed for Denver, where they will attend the annual convention of the American-National Live Stock association. The Wyoming delegation will support the J as tro r candidacy for the preaiilaocjr of lb aayugUUoa. - DEC0RATI0NSrtR RADICALS German Oarrramral 'tannine; im Hold Leaders to (oalSlon formed by Von P Below. BERLIN. Jan. SO. Among the names of those gazetted for decoration on the anniversary of the first coronation of a king of-Prussia ss German emperor arc several of the .leading radical members of Parliament. The distinction of radical politicians In this way Is almost without precedent, snd II is regarded ss an Indica tion that the government Is planning to hold the radical t tho coalition formed by Chancellor von Buelow In l!Mt. The men to be honored Include Hcrr Kacmpf, second vice president tf the Reichstag; Herr Muensterberg, brother of Prof. Hugo Muensterberg of Harvard university; Herr Gyssllng. a young member from Koenlgs- berg, who defeated the socialist In a hard contest, and Prof. Elckoff Wlemer, whq has come to the front recently as sn ener getic speaker In defense of the Reichstag coalition. There is considerable dissatisfaction In the radical constituencies ov.r Chancellor; von Buelow's declsra'ion concerning the Prussian election, sysi m. Meetings have lal cjlles st which been held in the brovlr resolutions were fcssso I sgnlnst the . rail- csls supporting the chancellor In the 1m perlal Parliament so long aa he refused to support the Idea of election reforms In Prussia. KATSURA IN THE OPPOSITION Former Japanese Premier Leader of Clab that lasses manifesto against Government. TOKIO, Jan. . At the Daldo club today sixty members of the lower house In the Diet Issued a manifesto which proclaimed unalterable opposition to the financial pol icy of the government. This Is one of ths significant develop ments of ths present situation, because Marquis Katsura, the former premier, Is recognised aa the leading spirit of tha Daldos, althoucn he does hot lay any claim to the position of . leader. This action united the Daldos with the progressive party and practically unites the opposition. In which event the government' would be defeated In Its attempt to carry through the -budget. Up to the present moment It was gener ally believed that Marquis 'Katsura and tha prime minister,! Marquis alonJi, had reached an agreement on the subject. TR60PS SMOKE OUT REBELS Haytlan Govern m en t Scores Victory Over Revolutionists In First Battle. rORT A IT PRINCE. Haytl, Jan. 2n.-Gor- ernment forces yesterday attscked the town of St. Marie, which was held by the revo lutionists. The revolutionists surrendered after a alight resistance. The government forces then marched toward OonaJvea, which Is completely surrounded. The gov ernment considers tho revolution as prac tically ended. , ' ' Lord Carson Eected. DUBLIN. Jan. 20. Lord 'Curson. ex viceroy of India, today received a majority of tne votes cnefln th;.;1ejrttnn"t .fill -the vacancy -'-a'anona; thsVpresehtatlveg peers of Ireland caused by the: death last Novem ber of Lord Kllmaln. TAGGART LIKES DENVER HALL Democratic Chairman Eatresses tHs Approval of the Andl torlnm. DENVER. Colo.. Jan. KV Tha Demo cratic national commmlttee's subcommit tee on arrangements for the democratic national convention assembled hore today and began consideration of the plan for the auditorium now under construction In which the convention will be held next July. After Inspection of the building, all the members of the comlttee concurred In the opinion expressed by Chairman Taggart that the auditorium will probably be the most comfortable and desirable hall in which a national convention haa ever met. A Joint aesion of the rational subcom mittee and the local committee on arrange ments was held tills afternoon at which tho seating arrangements In the convention hall, hotel accommodations and other pre liminary details were discussed. The committee will continue its sessions In this city k day or twp longer' and will reconvene In Chicago about two weeks afte rthe clese of the present meeting. The visiting comltteemen were enter' talned this evening at the democratic club. CLAIMS OF SPANISH CHURCH Secretary Taft Says Half Million Small Compensation for' la Jnry Done Property. WASHINGTON. Jan. .-6eeretary Taft and Lieutenant Colonel J. A. Hull Judge advocate of the. deYartment of the east. today attended a hearing before the house commute on Insular affairs, which had under consideration the claims of the Roman Catholic churcn In the Philippines for tX600,0A0 Indemnification on accounts for damage to and occupancy of church building In the Islands by the United States tro.s during ths Spanish war. Colonel Hull waa chairman of the army board on church claims, appointed to sift these claims and make recommendations as to settlement. The report of the board recom mended that the church be paid $363,000 In full. Secretary Taft at today's meeting told the committee that In his opinion the United Statea would bo getting off cheap if it allowed twice the sum named by the board, or pay the church at least $300,000. Colonel Hull Inclined to the same opinion which he said represented the sentiment tf the beard. The administration haa not reached a decision. CENSOR WILL ACT HEREAFTER Papers Read Before Parity CssgreM Will Be Passed Oa la Advance. BATTLB CREEK. Mich., Jsn. . -Owing to unpleaaant notoriety Incurred by some of the papers read at the recent purity con ference here. It Is announced that no con ference Will be held this year and that papers to bo read at tha next conference will have to be submitted In advance so that all risque passages may bo stricken out. The announcement comes from ths conference president. B. B. Stead well of La Crosse. Wis. Vaem ployed Men Parade. NEW BRITAIN. Conn.. Jan. .-Over 1,000 unemployed workmen paraded through the at reels of this city today, ths leader carrying a banner bearing the Inscription, "Parade of Hungry People Looking for Work." It was explained by some of the leadera of the demonatratlon that "hungry" In this cans meant that ths men were hungry for something to do. not that they were suffering from the pangs of physical hunger. Poles. Germans, Lltuan Uns. French and Italians oeojgprlaed the BjiajoniK s urn maraasre, MILLARD VISITS CAPITAL Former Senator Interested in Fight Over Revenue Collectorship. CHANCE FOR THE OMAHA INDIANS Illll. Permitting- Them to Take Their Claim Against the Government to tke C'enrt of Claims is Passed by the Senate. (From a Staff Correspondent.) WASHINGTON, Jan. 20.-(8peclal Tele- grain.) Former Senator Millard spent Sunday and a portion of today In Wash ington on his way to New York. Mr. Millard waa not Inclined to talk politics, local or national, saying that he was now entirely out of it and devoting his time entirely to his personal business affairs. However, he Is not so much out of poll tics as to forget thst there Is fight on between the senstors from Nebraska over ths collectorshlp and was keen to gather any Information which might show tliu direction of tho wind. Prior to leaving for New York the ex-senstor lunched with Senators Iltnkett snd Brown. Indian Bill Passes Senate. Senator Burkett's bill authorizing the Omaha Indians to submit their claims against the United States to tho court of claims, passed the senate today. In lXM the Omaha Indians coded to the United Slates all of their lands west of the Mis souri river and south of a line drawn Hue west from a point In the center of the main channel of the Missouri river due east of where the Logan river empties out of the bluffs to the western boundary of Omaha country. They ressrved for their own use as a future home land north of ssld line, provided that if upon exploration this land should prove unsatisfactory as a location the presldont might, with the consent of the Indians, set apart and aaslgn to them within the ceded country south of this line residence suited for and acceptable to them, said location on the south of the river not to be more than tOO.OOO acres. If they elected to take It. They were to be paid for the land' north of the dividing line, providing they ac cepted a home south st the same rate per acre as waa .paid for .that south or the river, deducting the acreage taken for a new home. The prices paid for the land so ceded was 14 cents an acre. They accepted a home containing 900,000 acres south of the line, and the area of land north of said line was about 800.000 acres. For the dlffernce of 600,000 acres which they claim should have been paid for at 14 cents per acre the Interior depart ment does not contend that settlement has been made, hence the bill which passed today. More Pay for Kara I Carriers. Representative Hlnshaw today Intro duced a Mil providing that after Juiy i. next, all rural carriers who serve routes twenty-four mll-s' In length or less shall receive $900 per annum; that all rural car riers who serve routes longer than twenty- four miles shall In addition to $300 a year receive 10 cents fni-acb working day for ttufh '. He thit Jtnelr route mar . eceed twenty-four tulles n length. Bill foe Postal Division. Representative Hitchcock todsy Intro duced a bill authorising and directing the postmaster general to create an additional division of the railway mall service at Omaha, and to assign to duty there one di vision superintendent, in addition to those heretofore appointed and who shall be paid a salary of $3,000 per annum, and one assistant division superintendent st J1.S00 a - . . . , . . L , win year. Before introducing mis um m. Hitchcock had an Interview with Mr. Mc Clesry, second assistant postmaster gen eral, with reference to the proposed new railway mall division at Omaha. Mr. Mc Cleary was disposed to oppose such a bill on the ground that Omaha was not geogra phically entitled to a division, ' but Mr. Hitchcock sprung an array of figures on tbe assistant postmaster general Which gave him something to think about MY. Hitchcock has hopes that his bill will be acted upon during, the sixtieth congress. Now Land Ofllce Proptosed. Eu.ator Gamble1 and Colonel Parker of douth Dakota Introduced in their respec tive houses today a bill creating; a new land district at Lemmon, taking In a por tion of Butler and the county of Bchnasse. This office is greatly needed In this sec tion, the Inaccessibility of the nearest land offices already established being- known to the secretary of the interior and com missioner of the general land office who heartily recommended the bill. Thomas Goes to Highest Cowrt. , The supreme court today fixed February U on which to hear arguments in the case of Charles - Thomaa. plaintiff In error, against the state of Iowa, defendant In error. Thla case Is one of the most ! famous In the criminal annala of the Hawk eye atate. Thomas, who was a hack driver In Des Moines, wss chsrged and found guilty of killing Msbel Bchofleld. "knock out drops' having caused her death. A verdict of guilty was rendered against him and hs was sentenced to Fort Madison penitentiary for life. Thomas now seeks to have the verdict of the court below set aside on the ground of tho unconstitution ality of the Iowa statute, which hla at torney aJlngea falls to determine the degree of tho crime In such casea Minor Matters at Capital. On the recommendation of Congress man Klnkaid Dr. A. H. Thornton has been appointed pension examining surgeon at Alliance, Neb., vice Dr. J. E. Moore, re signed; and upon the recommendation of Congressman Connor, Dr. C. C. Mulroney has been appointed pension examining sur geon at Fort Dodge. Ia., vice Dr. C. H. Churchill, resigned. A band of Servian gypsies waa arrested In Alexandria, Va, today and beld on a charge of grand larceny and kidnaping In Council Bluffs, la. It Is charged by Chief of Police George H. Richmond of Council Bluffs thst Luclen Marino, evi dently leader of tho rovers. stole several hundred dollars from a horse dealer In Council Blurts and kidnaped son of a prominent resident of that city. Ludea Marino was searched at polios headquarters and several telegrams which he sought to hide were found In an Inside pocket of his coat. The dispatches wsre signed by an other gypsy in Iowa who advised Marino to "skip to Pennsylvania, but don't go to West Virginia." Last night Chief Goods received the fol lowing dispatch from Chief Richmond: "Arrest and hold Luclen Mkrtno, Ben lan gypsy, and girl charged with grand laroeny and kidnaping." Luclan Marino, George Marino, a woman and four little children are held by the Alexandria police pending advice from the authorities of Council Bluffs. Howard L. Rann of tha Manchester, Is., Press is In Washington. Rural routes No. 1 and I have bean or dered established April 1 at A ins worth. Brown county, Neb., serving goo neojtla and IM families. REPORTED PLOT NOT OFFICIAL femes from Kmsatlonal "osrres. WASHINGTON. Jan. :0.-The reporl-d plot In blow tip one or more ships of Hi Atlantic rattlrnhlp fleet at Rto de Janeiro Is 'rKnrdcd at the White House as a repetition of one of the many schemes. which sre constantly being presented to ths sreret rervlce by persons who claim to possets Informstlon. which they are willing to port with for a consideration. No credence Is placed here In the existence of an actual plot. It Is understood the Information originated In Tarls, from which point It was communicated to the secret service burcsu of the Treasury department and through that means to Admiral Evnm and the authorities of the South American country. RIO JANEIRO. Jsn. !0.-There were fur ther developments today, according to the local police, to the efforts being made lo unearth the persons responsible for the alleged plot to destroy psrt of the Ameri can flet now In this harbor. Several ar rests have been made. The band, which Is supposed to bave orgsnlxed the plot. Is made up of foreigners. It Is presumably composed of five Italians, one Canadian and two Germans. John Fender Is one of the Germans. Three of the Italians huve been arrested hero, and it Is believed Unit the other members of the band have been taken Into custody at Sao Paulo. The members of the bsnd counted on the assistance of a Spaniard named Ruchero, who has lived in this city for a long time. A year ago, however, this man went Insane, and since then he has been shut up In a sanitarium at Montevideo. PARIS, Jan. 20.-A story In which not many persons place credence, but for which there Is apparent foundation, has gained currency here to the effect that unknown plotters shipped explosives to Rio Janeiro In a amall vessel and planned to place them In the narrowest part of the straits of Magellan to destroy the American fleet, using a nearby Island as a base. The ves sel was traced to Braxll and Information waa sent to the Washington authorities as a precautionary measure. The anarch istic feature was not thought of here, tho story being attributed to Japanese sources. CHAMPION DESERTER CAUGHT Patrick Horrlsas'i Thirteenth F.alst ment Proves Fatal in His I.Ansr Record, NEW YORK. Jan. Patrick Horrigan has been captured. He Is now In custody In San Francisco and the military au thorities say that they have at last cap tured the champion deserter of the Ameri can army. It la charged that In the past fifteen years Horrigan haa enlisted and deserted thirteen tlmea. And although his body Is gorgeously tattooed, he has managed o escape the recruiting officer In spite of the fact that descriptions of him had been sent all over the country. Recently the War department decided that Horrigan had deserted enough and that the unlucky thirteenth should be his last. A circular was accordingly sent oul to recruiting of ficers all over the country, giving a very elaborate description of the man. as It wss believed that, according to oustonl. he would. . enlist again. lie dld and ' was promptly .$ul under arrest. He will be tried v by court-martial. Horrigan first enlisted m Grand Rapids. Mich.. In 18!X A few days later he deserted. Before long he re-enlisted under another name and after a short time again deserted. A clerk In the War department discovered the champion deserter from the descrip tion which wss sent to the War depart ment whenever a man Is enlisted. The clerk In reading a card thought there waa something familiar about the tattoo marks described and a search showed ten cards on which the marks were Identical, al though In each the name waa different. In each case, the man had deserted after serving for a short time. Further search showed that Horrigan had deserted three tlmea before the present system of keeping descriptions was adopted. NEGRO HANGED BYA MOB Cleveland Fraaklls, Who Killed Man While Robbing: Till at Uothan, Ala., is Lynched. DOTH AN, Ala.. Jan. 19. Cleveland Franklin, a negro, employed by a Mtton otl company, was lynchod here early to night by a masked mob of 200 angry oltlsena Ths negroes body waa riddled with bullets, aa It. swung from the limb of a tree. It Is said that Franklin shot and seriously wounded A. C. Faulk, secre tary and treasurer of the otl company, here last night, after he had been caught In tbe act of robbing the cash drawer at the mfll. "The sheriff was notified Immediately after the shooting and a posse wss organ ised. This morning the sheriff learned that the negro was at Webb, Ala,, and later he was captured there. Franklin was brought bsck lo Doth an by private conveyance. After putting the team up at the stsble and just as the stsrt wss made for the Jail, a mob of ftO men, all masked, swooped down on the sheriff and his posse and forcibly took the prisoner. The negro waa taken a short distance away, hanged to .a limb and his body riddled with bullets. 'BUGS" BROWN UNDER ARREST Maw Claiming; to Be gt. I.onls tloual Pitcher la Trouble la Chicago. ha- CHICAGO, Jan. 20. A man who gave his name as Arthur L. Raymond, and who said hs is Pitcher "Bugs" Raymond Brown of the St. Louis National base ball team. Is under arrest hero charged with robbing George C. Mosher, a Jeweler, of $14. The police say Mosher positively' Identified ths prisoner aa the man who robbed him. The - prisoner waa arrested last night and when taken to the police station and questioned he admitted that he and Mosher had been drinking In a saloon, but denied any knowledge of the alleged theft. Moaher claims that when hs sna "Raymond" were leaving the saloon "Raymond" atruck him In ths face and knocked him down. Mosher says that "Raymond" then searched him and relieved him of all his money. REGULATING TRUST COMPANIES Ranking; Commissioner of Michigan leeks to scare Control Over These Organisations. LANSING. Mich., Jan. 20. In the nine teenth annual report of tho Stat Banking department, made public yeaterday by Banking Commissioner H. iC Zimmerman, the commissioner recommends that a lew bs enacted to give the department the same supervision over trust eompsnles that it haa ever banks. Ths report shows' that there are at present in the state of Michi gan $29 stats banks, ninety-three national banks and six trust companies. During last year thirty-one new Mate banks were organised. TO CUT BRIDGE FARE Plan of Iowa Club Heard by Interstate Commerce Commission. REDUCTION FROM TEN TO FIVE Force Traction Company to Show the Figures on AH Lines. BARGAIN RIDE TO BUST OMAHA Railroads Charg-e Three Times as Much for the Trip, Says Webster. HEARING CONTINUED TUESDAY M err lam A Holmqolst Withdraw Their Case Aaalnst Several Ball roads for Elevation Charge of Tkree-Foartk Cent. Spcclsl Examiner Frank Lyon of Wash ington, representing the ' Inttrslste Com merce commission. Is hearing two casea In the federal building in Omaha, the chief one tie In it a plea of tho West End Im provement club of Council Bluffs for a reduction of the bridge toll on the street rsllasy lines from 10 cents to S rents. The other Is that of Coones A McGrew of Bloux City against the Chlcagd, Milwaukee sV Bt. Paul and the Chicago. Rock Island st Psclflc Rallwsy companies In the matter of the shipment of six fats of broom corn from Elk City. Oik., lo Bloux City, which Involves an alleged overcharge of soma ffJOt freight. In the matter of ths West End Improve ment club of Council Bluffs against the Omaha Council Bluffs Railway Bridge company, and the Omtha & Council Bluffs Street Railway company, George H. Scott of Council BUifrs and T. W. Blackburn of Omaha represent the complainants and John L. Webster, the streot railway com pany. Mr. 8cott Insisted he wanted all the records of the defendant companies filed with the commission, which would show the Income of the road, value of construc tion. Income from bridge tariffs and the operation of the street railway system In dependent of ss well of the bridge. Sack Evidence Not Possible. Mr. Webster held that lo furnish such evidence would be a practicable Impossi bility, and that In any event It would r--. quire several weeks to compile such evi dence, because It would require the production of the records of three differ ent companies now gone out of existence, and the officers of which could not be found, some of whom are dead and others whose whereabouts are unknown. . Mr. Scott beld that the corporation was all one affair and that no transfers are given from the Council Bluffs side to any point In Omaha, but that a rats of 15 cents Is charged. 10 cents from Council Bluffs and across the bridge, then another S cents to any point In Omaha. 'Also that the patrons of the road should be entitled to a S-cent fare from Omaha to Council Bluffs, because the line waa operated undnr one general "system. - ' v - R. A. lousier, secretary and assistant general manager of the street rallwly com pany, testified as to the extent of mileage operated by the company In Council Bluffs from the west end of the bridge as at twenty-elx miles. The fsre from the west end or the bridge to Thirty-second street In Council Bluffs is 10' cents. While the fsre from Council . Bluffs via the bridge (the only route) to East Omaha snd Court land Beach, la., was lb cents. This was accounted for from the fact that really two systems, the bridge and street railway sys tems were Involved. No trat"Cers were given from the Council Bluffs side to points In Omaha. The Omaha and Council Bluffs Street Railway and Bridge com pany, and the Omaha and Council Bluffs Street Railway company and the Council Bluffs and Interurban Street Railway com pany were now under one general manage ment by absorption and lease. These leases run for nlnety-ntns years from ths last expiring franchise of either of the ab sorbed companies, for which ths company now pays $00,600 per annum. Mot a National Qaeetlon. Mr. Webster said: "Ths question of fares and distances is wholly under tha control of the Street Railway company. subject to municipal regulation and was under police control and regulation and waa not within tho province of tho In terstate Commerce commission. ' He compared the . rates of faro over tbe bridge In question with that of tha Union Pacific bridge, where the rat wag twenty-five cents per (Msengsr, Wtalls that of tho street railway bridge was but ten cents, and that passengers ove the street railway bridge were landed la the business ceuter of the city for oa fare of ten cents, while, those over tha Union Pacific bridge, only talX a mil below, were required Uo pay tbe twenty, flvo cents, were landed at the depot and bad to pay an additional flvo cents street car fare to reach the business seo tlons of the cities. ' The following statement Of lh revs nues and expenses of th OcoAha as Council Bluffs Railway and Bridge company was submitted In evidence! Bridge tolls, 1947 .....$ I0.8$.10 Total bridge tolls since 190$ ,0114 Maintenance of bridge fur five yeara S1.SSS.0T Ten-cen t fares in 1107: Cah $1.IOS.4.00 Ten-cent ticket fare ill. 141.00 Twelve and a half-cent fares 112.440.00 Total $!,0$$,41S.00 A reduction to f cents on the above number pf fares would result la a re duction of revenue of $102,920.90. Tsxes on bridge for 1 ysars ..$ 17,12$. 0$ Net profits of bridge for five years T1.011.T4 Expensee and fixed charges of property of the Oinaria dt Council Bluffs Bridge Co. for 1907 S7T.I10. Receipts of property of Omaha A Council Bluffs Rail nay snd Bridge Co 4I7.T64 M Stats ment of earnings and expense of bridge fur tbe yeara 1903, 1904, 190$. 190 and 1907: Bridge tolls received $99.011. I , Maintenance of bridge $1 JM 07 Salary toll takers .. 97.7 Insurance 1,600 0 Taxes $7.l2.0i . Interest on bonds... 120.000 00 yT appreciation To.000.00 '.tfJ Total $279,106.00 Loss 17$.04.t The other witnesses of Monday af ternoon were C. C. Clifton, secretary of the Weet End - Improvement club ; of Council Blufrs, and A. C. Harden, pres ident of the same club. Thslr testi mony related to the purpose and . or ganization of the West End Improve ment c'ub. i Tuesdsy's hearing will go extensively Into the alleged discrimination against Council Bluffs and to Show tk differ ence tn concessions granted Couarll Bluffs and Omaha suburban localities reached by the street railway line. Vpoa ths conclusion of ths heaxlag In .