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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 25, 1908)
The Omaha Daily: Bee VOL. XXXVII NO. 216. OMA1IA, TUESDAY MORNING FEBRUARY 25, 1908 TEN PAGES. SINGLE COPY TWO CENTS. MJIaLS asking aid Committee of Teacher Calli on Pres ident in Behalf of Burkett Bill. , GIVEN PROMISE OF ASSISTANCE Jebraika Well Represented at Meet ing: of the Superintendent. HOPE FOR SIGNAL CORPS Senator Warren Will Do His -r t Push it Through Senate, 2 . ' LAND OFFICES MAY BE RETA Burkett and Klnkaid Have a Cou 7, enee With Secretary Garfield any " Make a Case for O'Iflell and Brtkfi Bow. (From a Staff Correspondent.) WASHINGTON, Feb. 24. (Special Tele gram.) Not lii year ha there been a more representative body of educators In Wash ington than there la here today In attend ance upon the Department of Superintend ence of National Educational associations. Nebraska la strongly represented and through Ita reptesentatlon It la believed that much good for the association will re sult. - C. R. Bishop, deputy atate superintendent of public Instruction of Lincoln, together w!th John II. Kirk of Missouri. Thomas C. Miller of West Virginia, D. R. Johnson of Bouth Carolina. H. O. Williams of Ohio, J. W. Olsrn of Minnesota, E. E. Balcomb of Oklahoma are the members of the com mittee who told the president that they wlalied to are the bill of Senator Burkett become a law. They said that the aid pro posed In that bill would do for normal nchools whnt the Morrill, Adams and Hatch funds have done for the state universities, agricultural colleges and experiment sta . tlonr. The desired Instruction Is demanded largely In rural communities and to pre pare teachers for the work normal schools " would be able to reach a larger proportion of the citizenship. The president was re quested to aid In the movement for effi cient Instruction, along the lines Indicated. The president gave his hearty approval to the general proposition and said he believed much go.d would be accomplished. He was willing to help In every way In his power. Arront (hire In attendance frtm Na'xaski are the following: J. H. McBrlen, state superintendent. Lincoln; C. C. Bishop, Lin coln, deputy atate superintendent: W. W. Btoner. York: J. W. Gamble, J. A. Wood ard, Havelock; N. M. Graham, South Omaha: C. A. Fulmer, Beatrice; Joseph R. Fulk, Hebron; B. J. Barr, Orand Island; . A. O. Thomas, Kearney normal; W. L. Stephens, Lincoln; J. W. Mengel, Wahoo, county suerlntehdent; G. W. A. Luckey, State university, Lincoln; J. W. Crabtree, president Normal school, Peru; George S. Towne, editor Nebraska Teacher, Lincoln; George Bougert. principal, Kearney and W. H. Clemmons. president of the normal school at Fremont. There la hones for the signal corps hill according to Senator Burkett. Today he had extended Interviews with Secretary ' Taft and General Allen, chief of tho signal corns, and both expressed their confidence In, the Burkett bill being reported out of committees and passed. Senator Burkett has been even more encouraged by the statement of Senator Warren, chairman of the military affairs committee of the upper branch of congress, that he would favor the bill at every opportunity and would help to report It to the senate. Statistics are being compiled and furnished Senator Burkett from time to time by the chief of the signal corps to fortify his bill, and it looks now as If there was a chance for its pasrage. But no one can tell what bould ers or rocks may be thrown In Its way before the bill Is place! on Its final pissage. Land Offices Mar Star. There Is every reason to believe that the land offices at Broken Bow and O'Neill will he retained under special direction of the recretery of the Interior. O'Neill does not show on the records any great amount of land still to be takn up, but It docs show a large number of land holders under the O'Neill jurisdiction, and there Is still a suffiuient amount of land to be taken ut In the district to warrant Its retention for the next two years at least. The agita tion groutng out of land offices whose use fuliicus to the districts In which they were created had waned very naturally took In the O'Neill and Broken Bow districts, but o superficial Investigation could not con vince Moses, P. Klnkaid of the Sixth dis trict that they rhould be abandoned with out a proper piesentatl-m of facts, and he Invited his colleagues to assist him In pre senting the claims of these two land dis tricts to Secretary Garfield. The other day the secretary called the member of the delegation to meet with him In discus sion of these offices. Senator Burkett and Judge Klnkaid met Secretary Garfield on Saturday and "scrapped," out the discon tinuance of th Broken Bow and O'Neill offices. As a result of the conference It set" ins fair to assume that tha districts In which Broken Bow and O'Neill are situated will not be abandoned for some time to come. Ditch for Locsa Valley. Judge lioyd ha succeeded in Interesting the secretary of agriculture In the Logan valley In his district and as a result of very many persona) appeals from the farm ers living In that valley has secured from tha Department of Agriculture an engineer who will locate a. drainage ditch for those Interested. Secretary Wilson has ordered tha engineering department to send a com petent man to Cedar county In May to run the ditch. In the case of the Winnebago Indian it will be necessary to secure leg islation to cross the Indian reservation Ituated along the ditch and to permit the use of trlb funds for the purpose of dig ging the ditch, but this It I thought will be easy of accomplishment In view of the fact that both th farmera and Indians are Interested In the development of lands In the Logan valley, Mlaor Matters at Capital. Senator Brown today submitted a motion in the supreme court on behalf of Judge I Burg of Lincoln to dismiss the case of Haffner against Dobrenskt on appeal from the territorial supreme court of Oklahoma. The following board Is appointed to meet at Fort Crook for examination of appli cant for commission: lieutenant Colonel William B. Davis, deputy surgeon general; Major William r. Dlauvelt, Captain Ed ward R. Chrtama. Harry F. Dalton, Six teenth Infantry; Captain Haywood S. Han ell, assistant surgeon, and First Lieuten ant Syduey Smith. Sixteenth infantry, re corder. Mis Kramer, daughter of Charlee Kra mer, postmaster at Columbus, who ha (PoaUu4 ea eaoad Page.) SUMMARY OF THE DEE Tuedr, February MS, 1009. 1908 $EBRzfay. 1903 STY tfo.Y TTZ. Ufa 7W TPj tSXI "cr J 23 4 5 6 Z 8 9 10 11 12 13 14 15 16 1Z 18 19 20 21 22 23 2425 262Z 28 29 TUB WElIHEa. FOR OMAHA. COUNCIL BLUFFS AND VICINITY Fair and cooler Tuesday. FOR NEBRASKA Generally fair and cooler In pint portion Tuesday. FOR IOWA Tuesday, fair and cooler. Temperature at Omaha: 6 a. 6 a. m 7 a. m 8 a. m a. m 11) a. m 11 a. m Urn 1 p. m 2 p. m 5 p. m 4 p. m B p. m 6 p. m 7 p. m 8 p. m I p. m .'. DOMESTIC. Committee of superintendence of Na tional -Teachers' association calla on pres ident and secures promise of support for bill to aid normal school. Chances good for passage of signal corps bill. O'Neill and Broken Bow land office may be re tained. P X Father Leo, who was murdered at Den ver, will probably be canonized a mar tyr to the faith. Pag 1 Supreme court of the United Stale de cided the Elklns rebate law was not re pealed by the Hepburn act. Pag 1 Foreign creditors are not to be pre ferred before domestic creditors, accord ing to a decision of the United State su preme court. Page 1 W. J., Bryan leave Kansas City for Lincoln Page 1 President .Roosevelt sends in name of Ross Hammond to be United State rev enue collector for Nebraska. Pag 1 Green Mountain Savings bank at Mar shalltown, la., closes. Stock was con trolled by Omaha Interests. Pag 1 Trial of Augustus Hartje begin at Pittsburg. ( Pag 1 Cultural station for fresh water clams will be Instituted in Iowa to perpetuate the pearl button Industry. v Pag 1 Heavy damage done to the new lake submarine boat previous to It official test, the second effort to destroy the boat. Page I The Illinois Central stockholder' litiga tion hag been ended on motion-of attor neys fof Mr. Fish. Pag 1 POKEXaV. General Nogi extends his sympathy to General Stoessel. Pag 1 Italian court decide that formal finan cial minister shall go to prison for em bezzlement.' Pag J premier Bannerman is not yet ready to resign from the English caMnet. Page X An agreement has been reached whereby an end will be brought to the shipbuild ing strike on the Tyne. Pag X HEBBA8XA. Union Pacific railroad backs passhold ers who wish to resist the Railroad com mission In enforcng the law. Attorney General Thompson is determined to pros ecute. Pag 3 X.OCAX. r Judge W. H. Munger gve the attor neys In federal court advice about hav ing their cases ready and refuse to con tinue a case so Senator Billy Mason of Illinois can keep close tab on the primaries in his state. Page 10 County commissioners have taken the first step toward calling a special elec tion for voting on the new court house bond proposition and have ordered all bids for repair on the old jail rejected. Fag Former populist leader and reformer, James H. Edmisten. failed to appear In federal court in Omaha Monday and his bonds, signed by his brother for $10,000, were forfeited, it being the opinion of officers that he has left the state under Indictment. Page 1 Bishop Scannell of Omaha say no en gagement or betrothal will be recognized by tKe church unless it I placed In a written agreement and signed by both parties, after Easter Sunday. Pag S POST. Omaha sportsmen win good score at an informal shoot held Sunday at the Townsend Gun club grounds, in which some national experts participated. Pag ooarjcEmoxAi. ahs utsubtkiai Live stock markets. Pag 7 Grain market. Page 7 Stock and bonds. Pag 7 MOVZhTXlTTa OP OCEAJT STEAMSHIPS. Port. Arrived. Balled. NEW YORK MtntMtonka Core. NEW YORK La Lorraine .... KRW ' YORK Carman la ROTTKRHAM Noordaaa. CHEtlBOl'RO ...Kalaertn A. V... f-ol'THAMPTON. Bl. Paul Ql KKN8TOWN MOVIUJ5 MVKKranii L1VKKP1MIL, UVKRIKOL HALIFAX Coreleas Mauritania.. Caledonia. Carinas solan. Marian wmlfrixllan. .Empreae of Brit. BY WIRELESS BABLE ISLAND, N. S.-Steamer Zee land, from Antwerp for New York, wa lit) miles south of Sable island at 1:10 p. m.: will dock at 1 p. m. Tuesday. HKOWHKAD Kronprtnsessln C'ecelle, from New York for Plymouth, Cherbourg and Bremen, wa lbu mile southwest at t p.m. GOMPERS REVIEWS DECISION Labor Leader gar Saprem Coart Krred la Finding In the "Hat t'aae." WASHINGTON. Feb. 4.-Over the ig nature of Samuel GompeYs. an editorial in the American Federatlonlst for this month, attacks the recent decision of th supreme court of the United States in the case of Loewe A Co., popularly known as the "hat case," which is declared to be "the most drastic and far-reaching de cision which It has ever handed down, a affecting directly all labor, and hence, the whole people." The editorial begin with the statement that "labor organisation must not be outlawed," and then proceeds at great length to review the court's de cision point by point, with a view to how- lng that the court erred. It Is noticeable that the current Issue of the American Federatlonlst omits the usual "we do not patronise" list, but In stead, a paragraph at the end of the edi torial declare "it should be borne In mind there is no law, aye, not even a court de cision, compelling union men and the friends of labor to buy ," naming the particular Article which form the LatU of ta avprem eotut decision. REBATE LAW HOLDS GOOD Hepburn Act Doei Not Repeal It, Sayi Supreme Court. MUCH HINGES UPON " DECISION Federal Trlbwaal Decide Great Northern Company Moat Pay la Hotly Cwntested Mia nesot a Caae. WASHINGTON, .Feb. W. The question whether the railroad rate law known a the Hepburn act repeal section one of the Elklns act prohibiting rebate on railroad, wa Involved In the case of the Great North ern railway company against the United States which was decided today by the su preme court of the United State against the railroad company and against the con tentlon of such appeal. The cas wa Instituted In the .United State district court for th District of Min nesota, which court fined the railroad $1,000 each for fifteen violation of th first section of th Elklns law. The alleged offenses against the law were committed during the summer of 1906 and consisted of granting concessions to the W. P. Deveraux company on its shipments of oat and corn from Minneapolis to point In Washington. The company admitted the concessions and fought the prosecution on the ground that by amending the Elklna act so as to provide for punishment by lm prtsonment rather than by fine the Hep burn act had so modified the original law as to accomplish Its repeal and render punishment under It Impracticable. To day's decision was announced by Justice White and affirmed the finding of the dis trict court and the United State circuit court of appeal. Opinion of Jostle Wnlte. Justice White said that the effect of th Hepburn law In repealing the Elklns act must be considered in the light of section 13 of the revised statutes, which provide that the repeal of any statute shall not have the effect of releasing any party of liability incurred under the statute repealed. He said It was clear that the mere repeal of conflicting laws is in no way repugnant to that statute and there could be no con tention that standing alone the act had the result of destroying the effect of section 13. Quoting section 107 of the Hepburn act, which provides that the act shall not af fect "cases pending in the courts," Justice White said: The difficulty of construction. If any. arises from the word following the general repealing clause: "But the amendnments herein provided, for shall not affect causes now pending in the courts of the United States, but such cases shall be prosecuted to conclusion In the manner heretofore Dro- vtded by law." These words, we think, do not, expressly, or ty ralr lmpllcalton, con flict with the general rule established by section 13, revised statutes, since by their very terms, tney are concerned with the application of proceedings pending In the courts of the United States of the new methods of procedure created by the Hep. burn law. Any other construction would necessitate expunging the words "shall be prosecuted to a conclusion in the manner heretofore provided by law." This follows. because If it were to be held that the In tent and oblect of the law maker In deal tng with cases "pending in the courts of the United States'' was solely to depart In ell but euch pending cases, from thv gen eral rule of revised statutes (section 13), then the provision a to future proceedings wouia oe unnecessary, Because the old and unrepealed as well as the newly enacted remedies would be applicable, aa far as pertinent to such pending cauaes. The pro vision commanding that the new remedies noum not be applicable to cases then pen ding In the courts of the United States, gives significance to the whole clause and serves to make clear the fact that the legislative mind was concerned with the confusion of uncertainty which mluht be begotten from applying the new remedies to -cases men pending in the courts and demonstrates therefore, that this subject, and this snubject alone, was the matter which the provision In Question was In tended to deal. In other words, when Hie object contemplated by the provlHion Is accurately fixed, the subject Is freed from difficulty and not only the letter, but the spirit of the provision becomes clear; that Is to say It but manifests the purpose of congress to leave causes uendlng In the courts to oe prosecuted under the prior remedies, thus causing the new remedies created to be applicable to all controver sies not at the tlmo of the passage of the act pending In the courts. And all the arguments relied upon to sustain the theory that the power to prosecute for past offenses not then pending in the court wa abrogated by the Hepburn law, rests In substance upon the dlsresard of the true significance of the provision of section 10." J. J. HILL WI.VS VE.VXER CAMS Lower Coart'a Ratings Vpheld, Ocarina- Hill of Liability. WASIUNGTON, Feb. The caae of Clarence H. Venner against the Great Northern Railway company and James J. Hill, which wa begun In the United State circuit court for the southern district of New York by Venner to compel Hill to account for and pay over to Venner and other stockholders the value of their re spective holdings, because, a wa alleged, these holdings had been Impaired by the Joint effort of the Great Northern and the Northern Pacific Railroad company In 1900 to obtain control of the Chicago, Bur lington 4 Qulncy railroad wa decided by the supreme court of the United States today against Venner. Venner charged that Hill had engineered th merger for hi own personal benefit. The court dismissed the case on the ground that Venner had failed to show In his bill that he was a stockholder at the time of the transaction of which he complained. Tha opinion waa handed down by Justice Moody and sustained the decision of the circuit court The vital question waa that of th jurisdiction of the circuit court, which waa upheld. PROCEEDINGS OP TUB SENATE Ore an Mail Snbaldy and Cnrreaey Legislation Dlecasaed. WASHINGTON, Feb. 24. Ocean mall subsidy and .currency legislation were both the subjects of speeches In the senate to day. Si nator Galltnger opened tho debate In favor of his bill for the' ocean mall subsidy to build up the American merchant marine and he was followed by Senator Depew, who strongly approved the measure. Senator Simmons of North Carolina, and Whyte of Maryland, spok In criticism of the Aldrlch currency bill. Senator Whyte announcing that he would not vote for any measure now before the senate. An hour wa devoted to further considera tion of th bill to revise the crlmlpal code, and at 5:14 o'clock the senate adjourned. PROCEEDINGS OF THE UOl'IB Provisions of Army Bill Explained y Mr. Hall. WASHINGTON. Feb. 24.-The unusual pectacle of th committee on rule being overruled by tt chairman, th speaker, on the floor of the house, wa wltneased In that body today, much to th discomfiture of Mr, DaJgell, a member of the committee, Mr. Dalsell brought in a -resolution pro viding for an investigation ef peonage la (OoxtUaued on Second PageJ. CHINA IS GREATLY MYSTIFIED Conference of Governors of Province of Mnnehnrln Called for i Early Date. Peking, Feb. 24. A conference on the existing situation In Manchuria I to take plaoe In Mukden during the first week of March, when the governor of the three provinces composing Manchuria will meet Hsu Shlh Chang, the viceroy of Manchuria. Tang Shlo Tl, the governor of Mukden, has been summoned to come to Peking Immediately after thl conference. The reason for this step 1 that China 1 apprehensive of further political ur prlses In Manchuria. It I mystified by the situation there, especially by the possibility of the establishment of vari ous municipal governments under Rus sian control, auch a la the caae at Har bin, followed by regulation for punish ment of offenses against the Russian Im perial government and other sequences of the process of adjusting the munici pal to the Imperial authority. During the last few weeks Japan has reorganised the administration of Llao Tung peninsula. Among other things, It has extended the power of the railroad police to take In the consular , regions and has given the railroad official limited authority over the consular offi cials. Since the opening of the Chlentao dispute, conflicts have arisen between Cljina and Russia and between China and Japan over two additional points in the matter of trespassing upon China's overelgnty in many measures, namely, the question of railroad extension and of establishing independent municipali ties, and China in calling the above mentioned meeting at Mukden I trying to decide on a course of action. NEW EDUCATIONAL BILL FILED Honae of Commons Receives Measure Intended to Changre System of Iastraetloa. LONDON, Feb. 84. The new educational bill was Introduced m the House of Com mons tod ay by Reginald McKenna, presi dent of the Board of Education. The bill regulates the conditions under which pub llo money may be applied in aid of elemen tary education In England and Wales. The new measure I not so contention s the Blrrell education bill of 1908. which the House of Lords threw into the waste paper basket without ceremony. The two main principles embodied in the new bill there shall be complete control of the ele mentary school by locally elected bodies and that there shall be no denomination tests in the appointment of teachers. In speaking of the bllU Mr. McKenna said that failure to pass., the ministerial pro posals would give a most powerful im petus to the movement to secure the total abolition of religious instructions in the schools. BANNERMAN HOLDS HIS PLACE British Premier Has Not Yet Offered to Resla-n Asalta Lends la Soeeeaaloa. LONDON, Feb. aH-l"" 1 no truth In the report that th -premier, Kir Henry Campbell Bannerman, has offered to re sign. The situation remain a previously stated In these despatches. ' Should the health of the premier not improve suffici ently withtn a certain period he will un doubtedly vacate his post, In' which case, Herbert H. Asqutth, the chancellor of the exchequer Is assured of practically the unanimous support of the cabinet a his successor. AGREEMENT TO END STRIKE Plans I'nder Way to Settle Serious Conflict Anton; Shipbuilder Along; Tyne. LONDON, Feb. 24. A provisional agree ment looking to the ending of the ship building and allied engineers strike along the Tyne was reached in this city today. The strike began early in January. The situation was so serloui four day ago that troop were drafted In to assist the local police in Sunderland. PRISON SENTENCE FOR NASI Italian Senators Give Him Nearly Tear la Prison for Emkeiilemeat, ROME, Feb. 24. Nunzlo Nasi, at one time minister of public instruction, was today sentenced to eleven months and twenty days in prison for continued peculation from the state treasury. His secretary. Slgnor Lombardo, ' was acquitted for lack of evidence. Financial Worry Causes Snlclde. LONDON, Feb. 24. J. C. Bayldon. a well known broker In American railroad securi ties, committed suicide by (hooting at hi home in Dulwlch, a suburb Of thl city. yesterday. He at one time conducted a large business, which recently had fallen off. Worry over financial matter is given as the cause of the suicide. RESS SEATS ARE REARRANGED Chairman New Takes TJn Matter With CorreiBOndenlflat Washington. WASHINGTON, Feb. 24. Chairman New and Secretary Dover of the repub lican national committee today took up with the working newspaper men of Washington the subject of the sealing of members of the press at the republi can national convention. By the arrange ments tentatively made, nearly 100 mora eat will be provided for the pre at the convention thl year than were pro vided at that of 1904. Applications of active newspaper workers will be mad to th national committee and referred to the standing committee of Washing ton correspondents, which will sc with the national committee in advisory capacity. , Chairman New was a guest of the pres ident at luncheon today. MORSE DOES NOT ALTER PLEA Attorney for New York Baaker He news Reoaeet to Inspect Grand Jarr's Mlnntea. NEW YORK, Feb. 24. -Philip J. Britt, of counsel for Charles W. Morse, today asked Justice Dowllng for leave to Inspect the minutes of the grand Jury which returned two Indictments sgalnst Morse on charce of grand larceny. Decision on the motion waa reserved. Today was the date set for Morse either to change or withdraw h' plea of not guilty to the Indictment, lu: the plea wa neither withdrawn nor changed and a date will aow be act for a trial. PRIEST WILL BECOME SAIN1 Father Leo of Denver Will Be Canon ized at Martyr. HISTORY HOLDS NO- PARALLEL 1 Denver Caarch Perpe trated by Anarchist, Who Still Han No Renter for Sacrllegloas Crime. DENVER, Colo., Feb. 24. -After examina tion of letter found in the room which the slayer of Father Leo had occupied In thl city, the police official concluded today that he waa Angelo Gabrlele, a Sicilian anarchist. DENVER, Feb. 24.-In the twenty cen turle of history of the Cathollo church member of It -priesthood In thl city de clare there I no record of a tragedy to parallel that of the killing of Father Leo while administering sacrament to Giuseppe Guarnacclo at the altar of SL Elisabeth's church yesterday morning. Never before ha a servant of the church been sum moned from the performance of his duty In so tragio and so dramatic a manner, This crime will stand out a one of the most fearful In criminal record of the world, and it perpetration will probably result In the elevation of Father Leo to the position of martyr and lead to hi canoniza tion, a one of the saints of the church, In whose service he fell while performing his duty. Father Euseblus, senior a the pastor of St. Elizabeth, received a telegram last night from the (ather provincial in Pater son, N. J., lnstruo:ng him to forward the body of Father Leo to that city for inter ment Father Euseblus will eocompany the body. , Enloarr Over Murdered Priest. Funeral service will be held at St. Elizabeth' church at 10 o'clook Wednesday morning, when solemn requiem high mass will be celebrated, probably by Father Euseblus. Father William O'Ryan, pastor of SL Leo' church, will deliver the eulogy and a sermon against anarchy and socialism. The funeral service will be attended by (00 member of the Knight of Columbus and the entire body of the Knight of St. John and other Catholic order. ' It I a custom of .the Franciscan order that no eulogies be preached for it de ceased members, but on account of the tragic circumstances and the general effect in thl case of the assassination upon the public the rule will be set aside. Guiseppe Guarnacclo the murderer, talked freely In Jail concerning himself and his act, for which he declared he had no regret. He said he was a native of Sicily. 56 years of age. He became a socialist and anarchist at SS years of age. He Is a shoe maker by trade. He came to America two years ago and has since been teaching anarchy, working but little at hi trade. He lived before coming to Denver at Peter son, N. J., In small town of Massachu setts and In Chicago. ' He came to Denver two weks before Christmas. The statements of Guarnacclo that h Is aa anarchist I borne out . by letter and pamphlets - Liken from him.. 'Among- hi letter waa a printed list of the murder of the world1 ruler from the assassination of Czar Paul of Russia in 101. down to the recent killing of the king of Portugal a few week ago. He also had many pages of anarchistic literature, in his own hand writing and on printed slip. Father Paclficus of the Franciscan mon astery at Seventeenth and Center streets, though he did not have a personal ac quaintance with Father Leo, saw him some year ago and knew of hi character and work. He wa much shocked to hear of his trrible death, a were all Catholic In Omaha. Assassin Tells of Motive. COLORADO SPRINGS, Feb. 24.-Guiseppe Guarnacclo, the anarchist, who shot and killed Father Leo Helnrlchs at Denver yesterday, and who is being held in Jail here, says that he was moved to kill the priest by the ringing of the church bells, which reminded him of hi home in Sicily, which home, he say, was wrested from him by the church. JUDGE GROSSCUP ARRAIGNED Federal Justice of Chlcnaro Charred With Criminal Negligence and Manslaughter. CHARLESTON, 111., Feb. 24.-Judge Peter 8. Grosscup, presiding Judge of the United States circuit court at Chicago, with seven other directors, officers and employes of the Central Illinois Traotion company, was arraigned today before Judge M. W. Thompson in the Coles county circuit court on charges of criminal negligence and man slaughter. The defendent arraigned with Judge Grosscup were Arthur W. Underwood, Francis S. Peabody and Marshal W. Samp son, all of Chicago and all directors of the company; President E. A. Potter of Chi cago, Superintendent Fred Mor of Charles ton and Motorman B. F. McClara and Charles Bolls of Charleston. Th eight men were Indicted a a result of the lnterurban collision one mile west of Charleston on the Charleston & Mattoon lnterurban line on August 80, 1907. A heavily-loaded passenger car bound for Charleston with visitors to the county fair crashed into a heavy express car on a steep grade. Eighteen persons were killed and fifty-three injured In the collision. All the accused pleaded "not guilty." Formal motion to quash the Indictment was mad in each case. Levy Mayer of Chicago Immediately began an argument supporting the motion to quash. He will consume probably three day with hi argu ment. SOUTHERN TRAIN DERAILED roar Mali Clerks Seriously Injured, bat No Paaaeaa-ers Hart at Flo villa. FLO VILLA, Ga , Feb. 24. The Jackson ville 4 Chicago limited, known a train No. 14 on the Southern Railway,, waa de railed about five and a half mile south of here early today. The engine, baggage, mall, combination and one Pullman car went Into the ditch. Four mall clerk were seriously though not fatally injured. None of the passenger was hurt The cause of the wreck Is not known. HAMMOND'S NAME SENT IN President Roosevelt Formally domi nates Fremont Man to Inter nal Revenue Position. WASHINGTON, Feb. 24. -(Special Tele gram.) Th president today nominated Ross I- Hammond of Fremont to be col lector of internal revenue fey tha 'rrV-t ef Nebraska, BUTLER COUNTY IS FOR TAFT War Secretary's Lead la Nebraska Is Steadily Orowla Larger. mEPTTBX.iOAjr nrsTBVCTioirs. Total delegate la state oos ventlon . . . as Total delegate already choseu ao3 TOM TATTl Butler 11 Cass g Cedar , , 13 Clay 14 Custer is Douglas f 103 Dundy .1 ; g Franklin' 8 Hayes J Pawnee 12 Stanton 6 Instructed for Taft... a, aoe Taastrnoted for Taft 33 Total for Taft S39 rOB KOOBXTXLTl Lancaster ,,n Total for moosevelt M rorarsT TCTXS I Cheyenne g Dawson ; u Jefferson H Platte 18 Total nnuistrnotd. . . 43 TTnlivtrtraoted for Taft 33 Vnintrnotd Mattering. .' 10 BOMB THROWERS ARE BOLDER Italian Muale Store Wrecked and Lire of Proprietor aad Family Endangered. NEW YORK. Feb. 24. An Italian bomb explosion similar In character to many which have taken place In thl city within a year occurred In Brooklyn today, when Peter Locota' muslo store In Morgan street. wa wrecked. Locato had received many so-called black hand letters but, having re fused to pay for immunity, his store wa first blown up last spring. December last, another bomb was left on the stoop and the doors and windows were demolished. Since then he has received several letter demanding money, but he has Ignored them resulting in the third mysterious attack to day. The live of Locato, hi wife and hi three children, who occupied room In the rear of the store, were endangered by the last explosion, but they escaped with slight injuries. A few months ago a body of an Italian was found In the street near Locato's store. There was a bomb in the pocket of the dead man and It was believed that he had been delegated to commit some outrage, had failed, and had been murdered by his associates for his failure to carry out his instructions. Immediately following the murder of Glr- olamo Cella, a well known merchant, last night, today' crime 1 regarded by the po lice a evidence that the blackmailer and murderers whose crimes have been aimed almost chiefly against Italians, have been made bolder by the continued inability of the police to detect and punish them. CAR COMPANY MUTT CLEAN Street Railway Chargced with Clear- - lng- Streets la Ordlnaace by . Lea Brldares. Contending that the street railway com pany ' should keep clean that portion of the down town street used by It tracks. and that, to do this It shall not shovel snow and slush on other portions of the street, but shall cart It away, Councilman Bridges Is working on a new ordinance to be pre sented to the council at Ita meeting Tues day evening. One-third of the street of th city are taken up by the two track and the Intervening space and the council man from the Second ward hold that in consideration of the company using so much of the streets it should at least keep them clean. The proposed ordinance provides that the street railway company shall remove "all snow, slush or other similar substance which such railway company shall find necessary to remove from the part of said street where It has It track, within six hour from the time that It shall have, re moved ald mow from Its track." A fine of from $10 to $100 Is the penalty provided. Between $1,800 and $1,400 ha been ex pended in cleaning the down town streets of the snow of a week ago, the work now practically being done. In Chicago $26,000 was expended in removing the snow which fell during the present storm. Omaha has $46,000- for street cleaning for the entire year. MARSHALLTOWN BANK CLOSES Institution Owned by Dr. g. B. Me Dlarmld of Omaha aad Others Suspends. MARSHALLTOWN. Ia.. Feb. 24.-(Spe-clal Telegram.) The Green Mountain sav ings bank of this county. Incorporated, with a capital of $10,000 a year ago, with Omaha capital holding a controlling Interest, closed Its doors today. State Bahk Examiner Ice land Windsor of Des Moines was placed In charge. Dr. Stuart B. MacDiarmld of Omaha, is president. Other Omaha stock holders and officers are D. A. Johnson, cashier; E. L. Collins, director; Miss Helen J. Edwards, auditor. MacDiarmld claims a factional fight between farmers interested In an elevator company and friends of Walter Thomas, vice president of the bank, is responsible for the bank's condition. De posits are $11,000, with bills receivable $20,000. President F. F. McElhlnney of the Blackhawk Saving bank, Waterloo, act ing a trustee for stockholder. Is making an effort to sell the bank today to those tntereated In the farmer' elevator. Mac Diarmld think this will be done. He claims depositors will be paid In full. The same Interest own bank at Smlthland, Woodbury county, and Rodney, Monona county. MILLION ON WRECKED TRAIN Special Precautions Taken to Pro tect Money by Baltimore A Ohio Officials. PrTTPBI'RG, Pa., Feb. 24. The hurried dlspstch of a special train to the scene of the derailment of a train last Saturday on the Baltimore & Ohio railroad at Salisbury Junction was explained today when It be came known that there were over a million dollars In cash aboard the train. As soon as word of tne accident was received, spe cial prevautlons were taken to guard tne money, which was not damaged. BRYAN LEAVES FOR LINCOLN Spends Hour at Kansas 'City Hotel aad Goes Direct to Ills Home. KANSAS CITT. Mo.. Feb. H-Wllllam 3. Bryan arrived here this morning from Lawrence. Kan. He was accompanied to Kansas City by W. R. Stubbs, who Is a candidate for the republican gubernatlondl nomination In Kansas. After an hour spent at the Baltimore hotel, he departed for Lincoln, Nab at 10.16 o'olock n tha Bur-llngtort. EDHISTEJi NOT HERE Former Popnlist Leader Fail, to Answer in Court. FORFEITS BCSDS OF $10,000 Left His Home in North Platte Satur day for Lincoln. OFFICIALS CANNOT 'FIND HIM Attorney!. Also Fail to Appear Before Judze W. H. Munger. PROMPT ACTION . WAS TAKEN Report Says Reformer Left the State t'nder Indictment for Big Land Fraud Brother on His Bond. NORTH PLATTE. Feb. 24.-(Lon Dis tance Telephone.) James H. Edmisten lert this town for Lincoln. Saturday, or at least thiit Is what he gave his friends to under stand. He ha an office here. LINCOLN. Feb. 24.-E. C. Strode, at torney for J. H. Edmlsten.v thl afternoon declared that he expected hi client would appear for trial March 1. He wa unable to state the whereabout of Edmisten. Mrs. 7dmlsten said over the telephone this afternoon that she did not know where Mr. Edmisten could be located. Mr. Ed misten, she said, was not in Linooln. and he did not know where he wa. i james ti. tximisten of Lincoln, former chairman of the populist state committee and state oil Inspector under the last dodu- llst regime In Nebraska, failed to appear In united states district court Monday morn ing In answer to Indictments charging him with fraud in several land transaction, and Judge W. H. Munger declared hi bond of riO.000 forfeited. Thee were two bond of $6,000 each on which John A. Ed misten, brother, signed hi name a surety. The whereabout of Edmisten I a matter of conjecture. That I th reason for the forfeiture of hi bond. -Last week a rumor wa circulated that he had left for Mexico after having cleverly disposed of aU hi property amounting to some $30,000. Friend of Edmisten denied thl rumor and said he waa In North Platte, near which place he waa arranging to engage extensively in the ranch business. But the secret service officials could not verify thl report, nor could they oven learn that he wa anywhere near North Platte and Blgnell. When the secret service became satisfied he wa not In th atate the government de cided to take drastic measures. The fact that W. S. Summer of Omaha and J. B. Strode of Lincoln, Edmisten' attorneys, also failed to appear in court, quickened the determination for action. Three Indictment Pending. Three Indictment aro vending against Mr. UdmlBten. One 1 for conspiracy to defraud the government out of use, title and possession to large tract of land in th' North Platte land district by mean-of false, fraudulent and fictitious entries. An other is for perjury and subornation of perjury in securing witnesses to final proof entries in the case of Olin W. Hendee, a former Omaha newspaper man and one Brown. The third Indictment Is for forgery in an application to enter public land and for the transmissions of such forged paper to the land office. In the conspiracy to defraud Indictment. Olln W. Hendee and William R. Keefer are Jointly indicted with Mr. Edmisten. The total amount of land involved i in the alleged fraudulent transaction will closely approximate 10,000 acres. Mark Howe Chief Witness. Captain Mark Howe , of Lincoln, on of the principal witnesses In the Jams H. Edmisten case before the United State district court, is in Omaha. Captain Howe waa assistant secretary of th populist state committee during Edmisten' ad ministration a chairman. He 1 a witness In the forgery charge against Edmisten. NOGI EXTENDS HIS SYMPATHY Japanese General Who Defeated Steoessel at Port Arthur Will Not Sar More. . CINCINNATI, O.. Feb. ti-JneraJ Nogi, oommander of the Japanese force that captured Port Arthur, expressed sympathy for his defeated enemy in a brief cable gram received here today. On the receipt of the new that General Stotssel had been convicted and sentenced to death for Ma conduct of the defense of Port Arthur, th Cincinnati Times-Star sent a cablegram to General Nogi stating the fact and asking for a statement of his view. In a reply received today the Japanese leader said.' "A a soldier I deeply sympathise with General Stoeesel. I cannot bear to stet my view." HARTJE TRIAL BEFORE JURY Pittsburg Paper Man, with Other Implicated la DIvoree Bait, Placed oa Trial. PITTSBURO. Pa.. Feb. 24,-Auinistu Hartje, the millionaire paper manufacturer, John L. Welshans, a had war dealer and Ullfford Hooe, a negro, formerly employed by Hartje, a a coachman and named a co-respondent In the famous divorce proceeding Instituted by Hartje against his wire, Mr. Mary Scott Hartje, were placed on trial today, In crimi nal court charged with conspiracy to blacken th character of Mr. Hartje. There I one charge of conspiracy against the defendants, one of suborna tion of perjury and one of conspiracy ana subornation of perjury. SETTLEMENT OF LUMBER RATE Hill Lines Offer a Compromise Which May Settle the Lone Con troversy. TACOMA, Wash.. Feb. tt.-A settlement of the freight rate controversy which baa seriously affected the lumber trad of th Pacific northwest is believed now to be In sight. Frederick Bausmann of Seattle, chairman of the conciliation committee of th affiliated commercial organisation of tha northwest, received official notifica tion last night that tha Hill railroad would agree to accept lumber shipment from any shipper on Individual bond, pro vided the federal court will amend th In junction Issued October 29. Hltracork Trial Postponed. NEW YORK, Feb. U4.-The trial of Rav. murnl Hitchcock, the comedian, on charges preferred by a little girl, today was port poned for one w.eek. Justice Dowllng In announcing the postponement Bald no fur Uior aeiaora would be xjormuted.